FIGHT BACK against SHERWIN P. ROBIN – Cavalry Portfolio Services, LLC or Calvary Investments, LLC: Lawsuit and Garnishment Mill

Over the years, I have successfully  represented hundreds of clients sued or garnished by the Savannah, GA collection firm owned by attorney Sherwin P. Robin.  I’ve managed to help these clients in a variety of ways, whether it’s defending the lawsuit, exploring FDCPA violations, or erasing a judgment through bankruptcy.

If you’ve been sued by Sherwin P. Robin, I can help.   Here’s some practical advice:

1.  KNOW YOUR ENEMY.  Sherwin P. Robin is not a creditor.  He’s a debt collector.  Because he’s a debt collector, you are entitled to the protections afforded to you by Fair Debt Collection Practices Act (“FDCPA”).    The FDCPA protects you from unfair and unreasonable collection tactics.  A simple Google search shows that Sherwin P. Robin has been sued before – the lawsuit alleged that Mr. Robin violated the FDCPA’s consumer protection laws.  If you feel that Mr. Robin’s collection tactics violated your FDCPA rights, make an appointment with me for your free case analysis, and I will tell you if you’ve got a valid claim against Mr. Robin.

It’s unclear as to whether Cavalry Portfolio is an actual “client” of Mr. Robin’s, or whether it’s an entity owned by Mr. Robin.

You should know that Sherwin P. Robin, and/or his “client,” Cavalry Portfolio, has likely purchased your debt from the original creditor or another collector.  When a collector, like Cavalry Portfolio purchases a debt, the debt is “assigned” by the old creditor to Cavalry.

When you are sued by an unfamiliar entity (like Cavalry Portfolio), you are entitled to demand PROOF of a valid assignment.  I’ve seen many cases dismissed because the Plaintiff can’t provide proof of a valid assignment; i.e., it can’t prove that it owns the debt it’s collecting.

When purchasing debt, the buyer does not pay anywhere near 100% of the value of the note.  For example, if you owe $10,000 to the original creditor, it’s likely that Sherwin P. Robin or his client purchased the receivable for pennies on the dollar – maybe for as low as 15%, (or $1,500, in our example).  That means that you may be able to settle the matter for pennies on the dollar.  If Cavalry Portfilio Services, LLC, bought the receivable for $1,500, they may settle for for any amount in excess of their cost.

2.  BEWARE OF SETTLEMENT WITHOUT AN ATTORNEY REPRESENTING YOU.  Mr. Robin doesn’t like to litigate.  He’s a businessman who wants to collect the maximum amount of money for the least amount of work.  When he sues someone, and that person hires an attorney to put up a fight, Mr. Robin knows that he’s got to work hard to collect the debt.  In my opinion, Mr. Robin is much more likely to settle or dismiss a lawsuit if the Defendant hires an attorney.

If Mr. Robin’s office agrees to settle the debt, you’ve got to abide by “the golden rule of settlements.”  The golden rule with regard to debt settlements is simple:  “get it in writing!”   You should always have your own attorney review any proposed consent judgment or settlement agreement.   Mr. Robin’s office doesn’t represent you, so you should be skeptical about any proposed settlement offers.  The settlement should state that your credit will reflect that the account is settled and paid in full when the settlement amount is paid.

3.  KNOW YOUR OPTIONS.  When you’re sued, you have a variety of legal options.

First of all, meet with any attorney and explore any possible defenses to the lawsuit.  For example, it’s possible that the lawsuit was filed after expiration of the applicable statute of limitations.  If so, an Answer can be filed raising the defense, and the case can be thrown-out by virtue of a Motion to Dismiss or a Motion for Summary Judgment.

If the lawsuit was filed to recover a post-repossession deficiency on a repossessed vehicle, you may have several technical defenses based upon Georgia’s adaptation of the Uniform Commercial Code.  Did you receive a certified letter notifying you of your 10-day right of redemption?  Does the size of the deficiency imply that the vehicle wasn’t sold in a commercially reasonable manner?  These are defenses that your attorney can use to get the lawsuit tossed out of court.

4.  BANKRUPTCY AUTOMATICALLY STOPS LAWSUITS AND GARNISHMENTS.  Anoter powerful option is a chapter 7 or chapter 13 bankruptcy.  Our office can file a bankruptcy for as little as $344 down.  The mere filing of the bankruptcy will stop all collection activity, including the lawsuit or garnishment.   We do all the work.  Typically, you keep your assets, and you pay absolutely nothing to Mr.Robin or Cavalry Portfolio.  A chapter 7 or chapter 13 bankruptcy is designed to give you a fresh financial start.

The worst thing you can do is “nothing.”  That’s what Mr. Robin is hoping will happen – if you do nothing, they’ll get a default judgment against you; they’ll garnish your paycheck and put a lien on your property.  Fight back!!   If you’re looking for an aggressive advocate with years of experience; an attorney who enjoys fighting  Sherwin P. Robin, give me a call, or send me an e-mail.

Brian R. Cahn | brc@perrottalaw.com | 770-382-8900

Perrotta, Cahn & Prieto, P.C. | www.northgabankruptcy.com

Atlanta | Dallas | Cartersville | Calhoun | Cartersville

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Posted on October 18, 2011, in Bankruptcy and tagged , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink. 1 Comment.

  1. cavalry sued me and got a win by default for an amount which was more than what was allegedly owed to begin with. I repeatedly requested a contract and they repeatedly refused to prove there ever was one. it was for a debt which was not even mine they refused to send monthly statements telling me what was owed after they got the judgement when they sued me they intentionally served the wrong address as to secure a win by making sure i did not know when to show up im assuming this was because they really did not have a contract, it was just my name being pulled from some pool somewheres most likely bank of america seeing how all my past issues began when i opened an account with bank of america and petitioned the comptroller of commerce when they decided to play the numbers game with a fixed rate loan i paid off in full and was later billed an early out fee. anyways it has been over 3 years now and they have not recieved a dime from me reguardless of the default judgement I simply refuse to voluntarily pay them anything else as they had been garnishing my wages for close to 3 years and the balance they sent me when payments stopped was greater than the balance awarded to them through the default judgement . they were awarded 11000.00 and collected over 17000.00 and still claim to be owed another 11800.00 plus interest. no wonder they refused to disclose a monthly statement, I hired an attorney for 7000.00 and he was able to do zero for me he actually made matters worse come to find out he was golfing buddies with their attorney and intentionally forgot to show up to defend me in my quest to get a fair trial in which i know full well they would have never in a million years been able to produce any contract with my name on it..! not impressed with the system or any of the lawyers around here to say i was screwed is an understatement..!!

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