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Floyd W. Bybee, #012651

BYBEE LAW CENTER, PLC

90 S. Kyrene Rd., Ste. 5

Chandler, AZ 85226-4687

Office: (480) 756-8822

Fax: (480) 302-4186

floyd@bybeelaw.com

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

 

)

Paul Queenan; )

)

)

)

Plaintiff, )

)

v. )

)

Cavalry SPV I, LLC; )

)

)

)

Defendant. )

)

 )

No. 

COMPLAINT

(Jury Trial Demanded)

I. Preliminary Statement

1. Plaintiff brings this action for damages based upon Defendant’s

violations of the Fair Debt Collection Practices Act (“FDCPA”), 15

U.S.C. §§ 1692 et seq. In the course of attempting to collect a debt

allegedly owed by Plaintiff, Defendant engaged in deceptive, unfair

and abusive debt collection practices in violation of the FDCPA.

Plaintiff seeks to recover actual damages, and statutory damages, as

well as reasonable attorney’s fees and costs. 

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II. JURISDICTION

2. Jurisdiction of this Court, over this action and the parties herein, arises

under 15 U.S.C. § 1692k(d) (FDCPA), and 28 U.S.C. § 1331. Venue

lies in the Phoenix Division of the District of Arizona as Plaintiff’s

claims arose from acts of the Defendant perpetrated therein.

III. PARTIES

3. Plaintiff is a natural person residing in Maricopa County, Arizona.

4. Plaintiff is allegedly obligated to pay a debt which was incurred for

personal, family, or household purposes.

5. Plaintiff is a “consumer” as that term is defined by FDCPA § 1692a(3).

6. Defendant Cavalry SPV I, LLC (“Cavalry”) is a Delaware limited

liability company.

7. Cavalry regularly uses the courts in Arizona to collect consumer debts.

8. Cavalry collects or attempts to collect debts which it claims to have

purchased after default.

9. Cavalry is a “debt collector” as that term is defined by FDCPA §

1692a(6).

IV. Factual Allegations

10. On April 15, 2015, Defendant filed suit against Plaintiff in the

McDowell Mountain Justice Court, in Maricopa County, Arizona.

(hereinafter “Suit”). 

11. Defendant alleged in the Suit that Plaintiff had opened a credit card

account with Bank of America/FIA Card Services, N.A. on March 1,

2006. Any credit card account which Plaintiff would have had with

Bank of America/FIA Card Services, N.A. would have been used solely

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for personal, family, or household purposes.

12. Defendant further alleges in the Suit that Cavalry acquired the alleged

debt from Bank of America.

13. Upon being served, Plaintiff hired counsel to defend him in the Suit. 

14. The alleged debt which Cavalry is attempting to collect went into

default on January 13, 2009.

15. At the time Cavalry filed the Suit, the alleged debt was already stale,

and past the applicable statute of limitations under Arizona law. See

A.R.S. § 12-548(A)(2). 

16. At the time Defendant filed the Suit, it falsely represented to Plaintiff

that the debt was not stale, and that the Suit was filed within the applicable statute of limitations.

17. At the time Defendant filed the Suit against Plaintiff, it knew that the

debt was time-barred.

18. Despite knowing that its claim was time-barred, Defendant has continued to prosecute the Suit against Plaintiff.

19. As a result of Defendant’s actions as outlined above, Plaintiff has

suffered actual damages including, but not limited to, attorney’s fees,

court costs, anxiety, worry, embarrassment, sleeplessness, stress,

invasion of privacy, loss of opportunity, damage to credit and reputation, and other extreme emotional distress.

20. Defendant’s actions as outlined above were intentional, willful, and in

gross or reckless disregard of Plaintiff’s rights, and part of Defendant’s

persistent and routine practice of debt collection. 

21. In the alternative, Defendant’s actions were negligent.

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V. Causes of Action

Fair Debt Collection Practices Act

22. Plaintiff repeats, realleges, and incorporates by reference the foregoing

paragraphs.

23. Defendant’s violations of the FDCPA include, but are not necessarily

limited to, 15 U.S.C. §§ 1692e, 1692e(2)(A), 1692e(5), 1692e(8),

1692e(10), 1692f, and 1692f(1).

24. As a direct result and proximate cause of Defendant’s actions in violation of the FDCPA, Plaintiff has suffered actual damages.

VI. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial on all issues so triable.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that judgment be entered against

Defendant for:

a) Actual damages under the FDCPA;

b) Statutory damages under the FDCPA;

c) Costs and reasonable attorney’s fees; and

d) Such other relief as may be just and proper.

DATED September 18, 2015 .

 s/ Floyd W. Bybee 

Floyd W. Bybee, #012651

BYBEE LAW CENTER, PLC

90 S. Kyrene Rd., Ste. 5

Chandler, AZ 85226-4687

Office: (480) 756-8822

Fax: (480) 302-4186

floyd@bybeelaw.com

Attorney for Plaintiff

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