About 2 weeks ago I received a 1099-C tax form in the mail. This is for a cancellation of debt from a personal loan that I was unable to repay. Today, I have received a notice from a company stating that a civil suit has been filed against me and that it was filed one week ago. Apparently I am being sued by Cavalry SPV I LLC. I have never received an official letter, summons, etc from anyone regarding this issue. I was completely unaware of this until I received this letter which does not require any action on my part. It merely states that they will work with me as an intermediary to fight this claim for me.
My question is, if I haven't received any official court documents from my county by registered mail etc, am I to do anything at this point? Can this Cavalry SPV I LLC now come after me for the debt that was canceled by the original creditor? I have never been informed about any civil suit filed against from the County. The only notice I have received about this civil suit is from this Mediation USA company stating that they will help me fight this claim.
So, at this point I am very lost. Should I do anything at this point? If so, what should I do?
Sounds like you are being sued for the balance and they may have published the suit in the newspaper if you didn't get it at your door or they couldn't locate you. That may mean that the time to answer is gone. Hire an attorney immediately. We can pull up the docket here in Miami Dade and see if a default was entered against you. If so, then we can set it aside and get this reinstated for you. Consult today
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I am guessing that they did not say fight the claim unless they are attorneys. They may have said that they would help you settle the claim. You should be able to go on the Clerk's website and look up your case. Before deciding how to handle this matter, especially if you have other debts or debts you feel as if you are unable to pay, consult a bankruptcy attorney who will look at your over all financial picture and who will advise you to what protections against collection may apply to you and what to do in order to assert those protections. Ask if avoiding bankruptcy is in your best interest and then ask why after you hear their response. This will help you create a strategy that fits into your bigger picture.
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