Sued by Cavalry SPV / Cavalry Portfolio Services in Vermont? Here's What to Do Next
Vermont RESPONSE DEADLINE
21 Days
from the date you were served
STATUTE OF LIMITATIONS
6 Years
for typical Cavalry SPV / Cavalry Portfolio Services debts in VT
WAGE GARNISHMENT
Allowed — up to 25%
Cavalry SPV / Cavalry Portfolio Services in Vermont
Cavalry SPV / Cavalry Portfolio Services files fewer cases in Vermont than in larger states — the CFPB Consumer Complaint Database shows no Vermont 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 Vermont 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.
Vermont-Specific Defenses Against Cavalry SPV / Cavalry Portfolio Services
Statute of Limitations Defense
In Vermont, 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 Vermont 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.
Vermont Wage Garnishment Exemptions
Federal limits apply. Vermont exempts certain public benefits and retirement funds.
Vermont Consumer Protection Act
In addition to the federal FDCPA, Vermont's Vermont Consumer Protection Act may provide additional protections and remedies against Cavalry SPV / Cavalry Portfolio Services's collection practices.
Vermont Court System
Small claims limit $5,000. Superior court handles larger civil cases. Filing fees in Vermont typically range $50-$300.
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 Vermont
| 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 Vermont?
21 days from service.
What is the SOL in Vermont?
6 years for all contract types.
Can wages be garnished?
Yes. Federal limits apply.
Where are cases filed?
Small claims up to $5,000. Superior court for larger civil cases.
What is Vermont Consumer Protection Rule CP 104 and how does it help me?
Consumer Protection Rule CP 104 is an Attorney General regulation that sets forth specific duties of debt collectors operating in Vermont and is enforceable as a violation of the Vermont Consumer Protection Act, 9 V.S.A. § 2451 et seq. The rule applies to both third-party collectors and original creditors collecting their own consumer debts, which is broader than the federal FDCPA. It requires accurate disclosures, prohibits false or misleading statements, sets standards for communications with consumers and third parties, and requires substantiation of the debt on consumer request. A violation of CP 104 is a per se violation of the CPA, which allows actual damages, attorney fees, and in some cases statutory or exemplary damages. You can file a complaint with the Attorney General's Consumer Assistance Program at ago.vermont.gov/cap, or raise CP 104 violations as a defense or counterclaim in a collection lawsuit.
How much of my wages can a debt collector garnish in Vermont?
Vermont provides more wage protection than the federal floor. Under 12 V.S.A. § 3170, after a judgment a creditor can take the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 40 times the federal minimum wage. That 40 times floor (compared to the federal 30 times) means more of your earnings are protected at low income levels. Disposable earnings means what is left after legally required deductions like federal and state taxes and Social Security, not voluntary deductions. Government debts like child support, taxes, and federal student loans follow different and sometimes higher caps under federal law. Vermont also exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, and most retirement benefits, under 12 V.S.A. § 2740 and federal exemption statutes.
What is the statute of limitations on debt in Vermont?
Vermont's general statute of limitations on a written contract, which includes most credit card cardholder agreements, is six years under 12 V.S.A. § 511. For oral contracts and open accounts, the same six-year period generally applies under Vermont practice. For installment loans, the clock generally starts ticking on each missed payment, although most courts treat the full balance as due once the lender accelerates the loan. For out-of-state creditors, Vermont's borrowing statute, 12 V.S.A. § 462, can apply the limitations period of the state where the cause of action accrued. If you are sued on a debt past six years from default, you should raise statute of limitations as an affirmative defense in your answer. The defense is waived if you do not raise it. Making a payment or signing a new written agreement on an old debt can restart the clock, so do not pay or sign anything on a suspected time-barred debt without legal advice.
Can a debt collector take my house in Vermont?
Vermont's homestead exemption under 27 V.S.A. § 101 protects up to $125,000 of equity in your primary residence from execution by unsecured creditors. That is more generous than many states. If your home equity is below the exemption amount, a debt buyer who wins a credit card or medical debt judgment generally cannot force the sale of your home. If your equity exceeds $125,000, the creditor could theoretically seek a forced sale, but only the excess above the exemption would be subject to the judgment, after mortgage and lien payoffs. In practice, this kind of forced sale is rare in Vermont for ordinary consumer debts. The homestead exemption does not protect against mortgages on the property itself, mechanic's liens, or property taxes. A judgment can still attach as a lien on non-homestead real estate. The exemption must usually be claimed properly when the creditor moves for execution, and an attorney can help you protect it.
I was sued in Vermont small claims court. What should I do?
Vermont small claims court, under 12 V.S.A. § 5531, handles civil cases up to $5,000. The procedure is simpler than regular Superior Court Civil Division. You will receive a notice of claim and an answer form. File the answer with the clerk within 30 days of receiving the claim, disputing the debt and listing defenses such as statute of limitations, lack of standing, and improper service. Send a copy to the plaintiff. You will then be given a hearing date. Show up. If you fail to appear, the court will enter a default judgment for the collector. Bring any documents, including the original contract if available, payment records, and any communications from the collector. Make the debt buyer prove they own the debt by asking the judge to require the bill of sale and chain of assignments. Many small claims cases collapse when the plaintiff produces only an affidavit with no supporting account records. Either party can appeal a small claims decision to Vermont Superior Court within 30 days.
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 Vermont?
The 21-day Vermont 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 Vermont state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Vermont for guidance on your specific case.
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