Kim E. Jones and her husband, Benny J. Jones, Jr., were both sued by junk debt buyer Cavalry SPV I LLC in the Summit County Common Pleas Court. The complaints alleged that they had used a credit card issued by Citibank and then defaulted. The debt buyer alleged that they had been assigned to collect on the consumer credit card after the default. The cases were assigned to the dockets of Judges Paul Gallagher and Christine Croce of the Summit County Common Pleas Court. The case numbers were CV 2017 03 0952 and CV 2016 12 5301. You can access the records of the Summit County Common Pleas Court here.
The lawsuits were filed in 2016 and 2017. After being retained by Mr. and Mrs. Jones, Blake Brewer filed answers in which he denied the basic allegations of the complaints.
Mr. Brewer sought to pin down the debt buyers on their documents, using the discovery process. In response, the debt buyers’ attorneys produced various documents which they claimed showed the assignment of the credit card account.
In each case, Cavalry SPV I LLC had their attorneys file a motion for summary judgment. A motion for summary judgment is a way for a party to ask the Judge to proceed directly to entering judgment, without having to go through the trial process.
Both Judges wrote opinions, in which they concluded that Cavalry SPV I LCC had failed to meet the requisite standards for obtaining summary judgment. Both motions were therefore denied. Specifically, each Judge concluded that the affidavit testimony presented by the debt buyer was not based upon personal knowledge, as required by Ohio law.
Each Judge assigned a date for trial. As the date for the trial approached, Cavalry SPV I LLC dismissed the lawsuits against Mr. & Mrs. Jones without prejudice to re-filing. Cavalry SPV I LLC was represented by Levy & Associates LLC in both of these cases.
Blake Brewer is an Ohio attorney who, among other legal services, litigates debt collection cases on behalf of the consumer. While not every consumer collections lawsuit results in a dismissal, it is normally possible to defend these cases so that a judgment is not issued against the consumer. While reading this case law summary does not create an attorney client relationship, you can contact him by email at [email protected] or call him at 216-642-8234 to schedule an appointment. If you are sued by a debt collector, it is important to review the lawsuit and legal options for the lawsuit filed against you with an experienced consumer attorney. Do not delay as the passage of time can seriously affect your rights in any legal proceeding and could result in a default judgment being rendered against you.