For New York residents dealing with Cavalry SPV on credit card debt
Critical timeline, how to write an Answer, common defenses, and what happens if you do nothing. This guide applies the steps specifically to New York's laws and Cavalry SPV's documented collection practices for credit card debt accounts. In New York, the statute of limitations on credit card debt is 6 years and wage garnishment is limited to 10% of gross income or 25% of disposable.
6 years
New York Statute of Limitations
$5,221
Average Credit Card Debt
10% of gross income or 25% o
Garnishment Limit
Cavalry SPV has a documented record of FDCPA violations. If any of these occur during your New York collection dispute, document them and file immediately.
Steps customized for New York law, credit card debt rules, and Cavalry SPV's collection patterns.
If you are served with a complaint, you MUST file an Answer by the deadline — typically 20-30 days depending on your state. Missing the deadline results in an automatic default judgment against you, which allows wage garnishment, bank levies, and property liens.
The complaint states who is suing you, what debt they claim, and what they want. Note: the plaintiff's name (may be a debt buyer, not original creditor), the amount claimed, and the cause of action. Check if the SOL has expired based on the date of first delinquency.
For each numbered paragraph, respond: Admit (only what you know to be true), Deny (default to deny when uncertain), or 'Defendant lacks sufficient knowledge to admit or deny.' Deny any amount you haven't personally verified.
In your Answer, include affirmative defenses: statute of limitations expired, lack of standing (debt buyer can't prove proper assignment), wrong person, amount is incorrect, debt was already paid or settled, original contract doesn't exist.
For amounts over $5,000 or if the other side has an attorney, consult a consumer rights attorney. Many work on contingency. NACA at consumeradvocates.org has free referrals. Your state's legal aid society may help if you qualify.
These strategies apply to credit card debt specifically. Credit card debt is the most common consumer debt in America. Under the FCBA, you have 60 days to dispute billing errors. Many collection accounts lack proper documentation.
NY General Business Law § 601 + NYC Consumer Protection Law governs debt collection in New York in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.
Key New York Protections:
In New York, wage garnishment is capped at 10% of gross income or 25% of disposable. The following income is protected: Social Security, Unemployment, Workers' comp, Pension, Disability, Veterans' benefits, 90% of wages. Cavalry SPV must first obtain a court judgment through proper legal process before any garnishment order can be issued.
The SOL for credit card debt in New York is 6 years. Once expired, Cavalry SPV cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.
NY General Business Law § 601 + NYC Consumer Protection Law applies in New York alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. 90% of wages exempt from garnishment
Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Cavalry SPV must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and AG Consumer Protection.
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