Cavalry SPV is a common debt-buyer creditor that we see in consumer debt collection matters in both New York and New Jersey. Cavalry buys debt from original creditors like Citibank or from other Debt buyers for a fraction of the balance, and then, proceeds to collect on these debts and ultimately sues consumers and frequently obtains default judgments. Recently, we have seen more Cavalry cases than we have seen in the past and they have been represented by multiple collection law firms as opposed to the past when they were primarily represented by one or two firms. Cavalry Portfolio which is what we previously saw them as has now fully transitioned to Cavalry SPV I. We used to work against Girvin & Ferlazzo and the Mandarich Law Firm, both debt collection law firms, primarily representing Cavalry. However, now we also work against Portnoy Schneck, Tromberg Morris and Poulin, and others representing Cavalry. The higher volume of Cavalry cases seems to indicate that they are purchasing a larger swath of debt and attempting to be a bigger player in the debt collection and litigation landscape.
We primarily see these cases either as a fresh lawsuit against consumers or a default judgment that was obtained by Cavalry. Since Cavalry is a debt-buyer, they have the burden to prove that they are the rightful owner of the debt and must provide the original agreement along with a bill of sale and a history of assignment from creditor to creditor called a chain-of-title. One or more of these pieces of evidence are frequently missing when it comes to proving Cavalry’s case which gives leverage to a consumer to attempt to dismiss the case against them or use it to settle the matter for even less. However, if a default judgment is obtained, often due to poor or improper service, then the consumer must file an order to show cause to vacate the judgment just to get back to a position where they can defend themselves and force Cavalry to prove their case. Girvin and Ferlazzo, Mandarich, Portnoy Schneck, and the others are all usually willing to discuss favorable settlement terms in these matters because they know that they often do not have the evidence to prove their case. We have been able to reduce Cavalry SPV balances by 65%-80% in these matters or have the matters dismissed altogether!