- File Your Answer and Meet Deadlines Someone said, 50% of success in the theatre is just showing up. Same with debt defense. Make sure you file your answer in a timely fashion and if there is a court or motion date, you are present.
- Require Proof of the Ownership of the Debt from the Alleged Buyer
Where’s the proof. Sometimes a debt buyer will say it was assigned or purchased debt and reference an assignment or other document.
There is no evidence before the Court of the assignment from GE Capital Retail Bank to Cavalry SPV I LLC. Defendants submit the affidavit of the Lead Litigation Analyst for Synchrony Bank, formerly known as GE Capital Retail Bank. In ¶ 7, she states: “Synchrony’s records reflect [Plaintiff’s] Account charged-off due to non-payment and was later sold to Cavalry SPV I, LLC.” There is no copy of a bill of sale nor of a contract of assignment. Therefore, Cavalry SPV I LLC, the alleged assignee, has failed to satisfy its burden by a preponderance of the evidence that it is entitled to enforce the arbitration provision in the Bank’s credit card agreement with Plaintiff. Williams v. Cavalry SPV I LLC, CASE NO. 1:18CV1479, at *6 (N.D. Ohio Aug. 19, 2019).
- Serve Discovery as appropriate
You may be able to request information about the claim called discovery. You can generally request documents pertaining to the debt or serve written questions.
- Consider Arbitration
Some claims may be subject to arbitration which can provide a more consumer-friendly approach.
- Consider Representation or Speaking with an Attorney to Discuss Strategy
We represent clients facing claims and also provide an initial consultation to discuss alternatives if you decide to represent yourself.