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Sholty v. Cavalry Portfolio Services, LLC

United States District Court, C.D. Illinois

September 13, 2019

MICHAEL SHOLTY, Plaintiff,
v.
CAVALRY PORTFOLIO SERVICES, LLC and CAVALRY SPV I, LLC, Defendants.

          ORDER AND OPINION

          JAMES E. SHADID, UNITED STATES DISTRICT JUDGE

         Now before the Court is Defendants' Motion (Doc. 10) to Dismiss, to which Plaintiff has filed a Response (Doc. 12). For the reasons set forth below, Defendants' Motion (Doc. 10) is GRANTED and this action is DISMISSED WITH PREJUDICE.

         Background

          On April 23, 2019, Defendants, Cavalry Portfolio Services, LLC, and Cavalry SPV I, LLC, (collectively, “Cavalry”), sent the following dunning letter (“the Letter”) to Plaintiff Michael Sholty:

         Dear Michael Sholty:

As of the date of this letter, your account meets Cavalry's guidelines for placement with one of Cavalry's collection law firms practicing in your state.
Please contact a Cavalry representative at (866) 434-2995 to discuss your payment options. Cavalry is committed to working with you to come up with a payment arrangement to resolve your account.
As of the date of this letter, no attorney has reviewed the particular circumstances of your account to determine whether a lawsuit should be filed against you. If your account is placed with a collection law firm, an attorney will review your account and make the final decision as to whether a lawsuit should be filed.
If a lawsuit is filed, the law firm will ask the court to enter a judgment against you for the full amount that you owe. You will have the opportunity to defend yourself after the lawsuit is filed. If a judgment is entered, the law firm will be authorized to take further action to satisfy the balance owed on the judgment.
You may contact us at (866) 434-2995.
Sincerely, Customer Relations Department
Cavalry Portfolio Services, LLC
***
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. SEE REVERSE SIDE FOR ...

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