Sued by Cavalry SPV / Cavalry Portfolio Services in North Dakota? Here's What to Do Next
North Dakota RESPONSE DEADLINE
21 Days
from the date you were served
STATUTE OF LIMITATIONS
6 Years
for typical Cavalry SPV / Cavalry Portfolio Services debts in ND
WAGE GARNISHMENT
Allowed — up to 25%
Cavalry SPV / Cavalry Portfolio Services in North Dakota
Cavalry SPV / Cavalry Portfolio Services files fewer cases in North Dakota than in larger states — the CFPB Consumer Complaint Database shows fewer than 10 North Dakota complaints against Cavalry SPV / Cavalry Portfolio Services in the last 24 months. The legal playbook is the same: Cavalry SPV / Cavalry Portfolio Services must still prove they own the debt, the amount they claim is correct, and the 6-year North Dakota statute of limitations has not run.
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.
North Dakota-Specific Defenses Against Cavalry SPV / Cavalry Portfolio Services
Statute of Limitations Defense
In North Dakota, the statute of limitations for credit card debt is 6 years. If your last payment was more than 6 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 North Dakota 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.
North Dakota Wage Garnishment Exemptions
Greater of 75% of disposable earnings or 40x minimum wage exempt.
North Dakota Consumer Fraud Act
In addition to the federal FDCPA, North Dakota's North Dakota Consumer Fraud Act may provide additional protections and remedies against Cavalry SPV / Cavalry Portfolio Services's collection practices.
North Dakota Court System
Small claims limit $15,000. District court handles larger civil cases. Filing fees in North Dakota typically range $50-$200.
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 North Dakota
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 6 |
| Medical | 6 |
| Auto | 6 |
| Personal Loan | 6 |
| Written Contract | 6 |
| Oral Contract | 6 |
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 to respond in North Dakota?
21 days from service.
What is the SOL?
6 years for all contract types.
Can wages be garnished?
Yes. Greater of 75% of disposable earnings or 40x minimum wage is exempt.
Where are cases filed?
Small claims up to $15,000. District court for larger amounts.
Is the collection agency suing me licensed under NDCC Chapter 13-05?
Yes, third-party collection agencies and most debt buyers operating in North Dakota are required to be licensed under NDCC Chapter 13-05 by the North Dakota Department of Financial Institutions. Licensees must post a bond, which provides a potential additional source of recovery for consumers who obtain a judgment against the collector. You can verify a license by searching the DFI's online licensee lookup or by contacting the department directly. If the entity that sent you collection letters or filed suit was not licensed at the relevant time, that is a defense to the action and may support a counterclaim under NDCC 51-15. Even where a collector is currently licensed, look at the entire chain of title in a debt-buyer case: the original creditor's assignee, intermediate debt buyers, and the current plaintiff must all comply with licensing requirements when applicable. Always check licensure first; it is one of the fastest ways to find leverage in a North Dakota collection case.
How long does a creditor have to sue me on a debt in North Dakota?
North Dakota's statute of limitations is six years on most written contracts and open accounts under NDCC 28-01-16, which includes most credit-card and consumer-debt claims. Some specific causes of action have different limitation periods. The clock generally begins running from the date of last payment or default. Once the six-year period has expired, the debt is time-barred and you have a complete defense to a lawsuit, but you must affirmatively raise the defense in your answer. A time-barred debt remains payable voluntarily, but suing or threatening suit on a time-barred debt violates the FDCPA, 15 U.S.C. § 1692e, and may also violate NDCC 51-15. Partial payments and written acknowledgments can restart the clock under certain circumstances, so be careful with old debts. If unsure of the date of last payment, send a written validation request under FDCPA 15 U.S.C. § 1692g and pull your credit reports to find the original charge-off date as a reference point.
What does NDCC Chapter 51-15 add to my federal FDCPA rights?
The federal FDCPA applies only to third-party collectors and debt buyers, but North Dakota's UDAP statute, NDCC Chapter 51-15, reaches a broader range of conduct by any business engaged in trade or commerce, including original creditors. It prohibits any unfair, deceptive, fraudulent, or unconscionable practice and provides for actual damages, attorney fees, costs, and civil penalties up to $5,000 per violation. The Consumer Protection Division of the North Dakota Office of Attorney General enforces NDCC 51-15 and accepts complaints. In practice, this means if a national bank, a hospital billing department, or another original creditor engages in misleading collection conduct that falls outside the FDCPA, you may still have a strong state-law claim. Combining FDCPA against the third-party collector with NDCC 51-15 against the original creditor or debt buyer can substantially increase the settlement value of a North Dakota collection case.
Can a North Dakota collector garnish my Social Security or other federal benefits?
No. Social Security, SSI, VA benefits, federal pensions, and most other federal benefits are exempt from garnishment by private creditors under 42 U.S.C. § 407 and Treasury Rule 31 CFR Part 212. A collector who threatens to take your Social Security to pay a credit-card or medical debt is making a misleading statement that violates the FDCPA, 15 U.S.C. § 1692e. When federal benefits are deposited into your bank account by direct deposit, the bank is required to automatically protect up to two months of those deposits when a garnishment order is received, without you having to file anything. To preserve that automatic protection, avoid commingling federal benefits with significant amounts of other money in the same account. If your bank account is frozen, file an exemption claim with the court promptly and provide proof of the benefit source. Document any threats to take exempt funds; that conduct typically supports an FDCPA counterclaim with statutory damages up to $1,000 plus attorney fees, and may also support an NDCC 51-15 claim.
I was sued in North Dakota. What is the deadline to respond and what should I do?
If you have been served with a summons and complaint in a North Dakota collection case, you generally have 21 days to file a written answer (Rule 12, North Dakota Rules of Civil Procedure). If you do not respond, the plaintiff can move for default and the court can enter a default judgment for the full amount claimed plus interest and costs. Once a judgment is entered, the collector can pursue wage garnishment up to the federal cap, bank levy, and property liens. First, verify proper service. Second, check the date of default against the six-year statute of limitations under NDCC 28-01-16. Third, demand the original signed agreement, the full chain of assignments if a debt buyer is suing, and itemized statements showing how the balance was calculated. Fourth, raise FDCPA and NDCC 51-15 counterclaims if the collector engaged in misleading conduct. Fifth, check licensure under NDCC 13-05. Always file your answer on time; default judgments can be vacated under Rule 60 but it is harder than defending on the merits.
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 North Dakota?
The 21-day North Dakota 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 North Dakota state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in North Dakota for guidance on your specific case.
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