Sued by Cavalry SPV / Cavalry Portfolio Services in California? Here's What to Do Next
California RESPONSE DEADLINE
30 Days
from the date you were served
STATUTE OF LIMITATIONS
4 Years
for typical Cavalry SPV / Cavalry Portfolio Services debts in CA
WAGE GARNISHMENT
Allowed — up to 25%
What California consumers say about Cavalry SPV / Cavalry Portfolio Services
In the last 24 months, 233 California residents filed CFPB complaints naming Cavalry SPV / Cavalry Portfolio Services . 70% of these complaints involve debt collection; 28% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 70 Attempts to collect debt not owed
- 35 False statements or representation
- 35 Incorrect information on your report
Source: CFPB Consumer Complaint Database , 24-month rolling window through May 2026.
About Cavalry SPV / Cavalry Portfolio Services
Cavalry SPV I LLC and Cavalry Portfolio Services are debt buying entities that purchase and collect on defaulted consumer debts. Cavalry has been involved in numerous consumer complaints and lawsuits alleging violations of the FDCPA. They are known for purchasing large portfolios of credit card debt and aggressively pursuing collection, including filing lawsuits in bulk across multiple states. Cavalry has faced regulatory scrutiny for their documentation practices and collection tactics.
Type: Debt Buyer. Common debt types: credit card, personal loan, retail credit.
CFPB Enforcement History
Cavalry SPV and Cavalry Portfolio Services have not been the subject of a major CFPB enforcement action. Cavalry is a smaller debt buyer than LVNV or Midland and its overall complaint volume is correspondingly lower. The same legal framework — the FDCPA, the FCRA, and state collection laws — still applies, and consumers retain the right to demand proof of ownership, dispute the amount, and raise the statute of limitations as a defense.
California-Specific Defenses Against Cavalry SPV / Cavalry Portfolio Services
Statute of Limitations Defense
In California, the statute of limitations for credit card debt is 4 years. If your last payment was more than 4 years ago, the debt is time-barred. Cavalry SPV / Cavalry Portfolio Services has been the subject of CFPB findings related to suing on time-barred debts — check your dates carefully and raise the SOL defense in your Answer.
Lack of Standing / Chain of Title
As a debt buyer, Cavalry SPV / Cavalry Portfolio Services must prove they actually purchased your specific account. Demand the complete chain of title — the purchase agreement, bill of sale, and assignment documents. In California courts, failing to produce this documentation can result in dismissal.
Challenge the Amount
Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.
California Wage Garnishment Exemptions
Greater of 75% of disposable earnings or 40x California minimum wage is exempt. More protective than federal law.
Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code 1788)
In addition to the federal FDCPA, California's Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code 1788) may provide additional protections and remedies against Cavalry SPV / Cavalry Portfolio Services's collection practices.
California Court System
Small claims limit $12,500. Unlimited civil for amounts over $35,000. Limited civil for $35,000 and under. Filing fees in California typically range $75-$435.
Common FDCPA Violations by Cavalry SPV / Cavalry Portfolio Services
- Filing lawsuits without proper documentation or chain of title
- Suing on debts past the statute of limitations
- Using robo-signed affidavits from employees without personal knowledge of account details
- Misrepresenting the amount owed by adding unauthorized fees
- Failing to respond to debt validation requests within statutory timeframes
Statute of Limitations in California
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 4 |
| Medical | 4 |
| Auto | 4 |
| Personal Loan | 4 |
| Written Contract | 4 |
| Oral Contract | 2 |
Frequently Asked Questions
Who is Cavalry SPV?
Cavalry SPV I LLC is a debt buying company that purchases defaulted consumer debts. Cavalry Portfolio Services is its affiliated collection entity. They buy debts from banks and credit card issuers and attempt to collect the full balance.
Is Cavalry SPV a legitimate company?
Cavalry SPV is a real company, but being legitimate does not mean they always follow the law. They have faced numerous FDCPA lawsuits and complaints for improper collection practices, including suing without proper documentation.
How do I fight a Cavalry SPV lawsuit?
File your Answer before the deadline, deny allegations you dispute, demand proof they own the debt, and raise any applicable defenses such as statute of limitations. Many Cavalry lawsuits can be defeated by challenging their documentation.
What if Cavalry SPV has the wrong amount?
Cavalry frequently inflates debt amounts with unauthorized fees and interest. In your Answer, dispute the amount owed and demand an accounting showing every charge from the original creditor through the current balance.
How long do I have to respond to a debt lawsuit in California?
30 days from personal service (or 35 if served by mail) to file your Answer with the court.
What is the statute of limitations for credit card debt in California?
4 years under CCP 337 for obligations based on a written contract. 2 years for oral contracts.
What is the Rosenthal Act?
The Rosenthal Fair Debt Collection Practices Act extends FDCPA-like protections to original creditors in California, not just third-party collectors. This gives California consumers broader protection.
Can they garnish my wages in California?
Yes, but California is more protective than federal law. The greater of 75% of disposable earnings or 40 times the California state minimum wage is exempt from garnishment.
What courts handle debt cases in California?
Small claims for amounts up to $12,500, limited civil for up to $35,000, and unlimited civil for larger amounts.
What is the California Fair Debt Buyer Practices Act and how does it help me?
The California Fair Debt Buyer Practices Act, Cal. Civ. Code §§ 1788.50-1788.66, imposes strict requirements on debt buyers (companies that purchase charged-off debts and sue to collect). Under § 1788.58, the plaintiff debt buyer must attach to the complaint copies of the contract or other writing evidencing the original debt, the chain of assignment from the original creditor, and an itemized account statement showing how the balance was calculated. The plaintiff must also plead specific facts under § 1788.58, including the date of default, the original creditor's name, and the date of charge-off. Failure to comply is grounds for dismissal under § 1788.60. The FDBPA also provides for statutory damages up to $1,000 per action plus attorney's fees under § 1788.62. If you are sued by a debt buyer in California, check the complaint immediately for compliance and raise any deficiencies in your Answer or by demurrer.
How is the Rosenthal Act different from the federal FDCPA?
The federal FDCPA at 15 U.S.C. §§ 1692-1692p only covers third-party debt collectors, not the original creditor that issued the debt. California's Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code §§ 1788-1788.33) closes that gap by applying FDCPA-style rules to original creditors collecting their own debts. Cal. Civ. Code § 1788.17 incorporates most of the FDCPA's substantive prohibitions, so Rosenthal violations include false statements, harassment, validation failures, and collecting time-barred debts. Remedies under Cal. Civ. Code § 1788.30 include actual damages, statutory damages up to $1,000 per action, and attorney's fees. That means if Capital One or Discover (collecting their own accounts) violates the FDCPA-style rules, you have a Rosenthal claim even though the federal FDCPA would not reach them. Pair a Rosenthal counterclaim with an FDCPA claim under § 1692k whenever a third-party collector is involved.
Can a debt collector garnish my wages in California?
California has stronger wage protections than the federal floor. Under Cal. Civ. Proc. Code § 706.050, the maximum garnishment is the lesser of (a) 25% of weekly disposable earnings or (b) 50% of the amount by which weekly disposable earnings exceed 40 times the state minimum wage. With California's 2026 state minimum wage of $16.50, that translates to a substantial weekly exemption that is more protective than the federal 30x minimum-wage floor under 15 U.S.C. § 1673. To claim the exemption, file a Claim of Exemption (form EJ-160) with the levying officer and serve a copy on the creditor. The creditor must then file a Notice of Opposition or release the funds. Social Security, SSI, and VA benefits are fully protected under federal law (42 U.S.C. § 407) regardless of the state cap, and California also exempts unemployment, disability, and public assistance under Cal. Civ. Proc. Code § 704.080.
How long does a debt collector have to sue in California?
California's statute of limitations for written contracts, including credit cards, is four years under Cal. Code Civ. Proc. § 337. The clock starts on the date of default, typically the date of the last payment. Oral contracts have a two-year SOL under § 339. Once the four years run, the debt is time-barred, and a collector who sues anyway commits a violation of 15 U.S.C. § 1692e(2) and § 1692f(1) of the FDCPA, as well as Cal. Civ. Code § 1788.17 (Rosenthal Act). California also has unique protections under the Fair Debt Buyer Practices Act: a debt buyer who knowingly sues on time-barred debt can be liable for statutory damages plus attorney's fees. Critically, in California a partial payment or written acknowledgment can restart the SOL under Cal. Code Civ. Proc. § 360, so do not pay or sign anything on an old debt without understanding the consequences.
What is the meet-and-confer requirement in California debt cases?
California limited civil cases include several procedural protections for consumers. Under California Rules of Court, Rule 3.724, parties must meet and confer at least 30 days before the initial case management conference to discuss the case, settlement options, and discovery. For debt collection cases under Cal. Civ. Code §§ 1788.50-1788.66, the plaintiff must have attached the original contract, the chain of assignment, and an itemized statement to the complaint. If the documents are missing or incomplete, raise that immediately. California also offers a streamlined limited civil discovery process under Cal. Code Civ. Proc. §§ 94-95, allowing each party to use 35 interrogatories and other limited tools. Even at this stage, an Answer that raises statute of limitations, Rosenthal Act violations, FDBPA documentation deficiencies, and FDCPA validation failures often pressures the debt buyer to dismiss or settle. Most California consumer debt cases that go beyond the initial filing collapse on documentary deficiencies.
Sued by Cavalry SPV / Cavalry Portfolio Services in Another State?
Cavalry SPV / Cavalry Portfolio Services files cases nationwide. Select your state for the response deadline, statute of limitations, and state-specific defenses.
Sued by a Different Collector in California?
The 30-day California response deadline applies no matter who sued you. Pick the creditor on your summons for creditor-specific defenses.
This page summarizes public information from the CFPB Consumer Complaint Database, CFPB enforcement records, and California state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in California for guidance on your specific case.
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