Sued by Cavalry SPV in Florida? Here’s What to Do

Cavalry SPV I, LLC is a debt buyer headquartered in Greenwich, Connecticut. Founded in 1991, Cavalry is a subsidiary of Cavalry Investments, LLC, a privately held company that focuses on purchasing defaulted consumer debt portfolios.

Cavalry buys defaulted consumer debts — typically credit card accounts — from original creditors like Capital One, Synchrony Bank, Citibank, and other major issuers. They pay pennies on the dollar for these portfolios and then pursue collection through letters, phone calls, and lawsuits.

In Florida, Cavalry is one of the top debt buyer filers. Florida has three civil court tiers: Small Claims Court (cases up to $8,000) under the Florida Small Claims Rules; County Court (cases from $8,000.01 to $50,000) under the Florida Rules of Civil Procedure; and Circuit Court (cases over $50,000), also under the Florida Rules of Civil Procedure. Each tier has different procedures and different defensive-pleading deadlines, so the court tier on your summons matters. Cavalry’s typical credit-card cases fall in Small Claims or the low end of County Court. Florida cases are handled by a network of regional debt collection firms across the state’s many counties.

The most important thing to understand about Cavalry: they bought your debt for a tiny fraction of what they’re claiming. They have a strong financial incentive to settle for less than the full amount, and an even stronger incentive to abandon cases where the defendant fights back with documented defenses.

The deadline to respond depends on which court Cavalry filed in. If your case is in County Court or Circuit Court (cases over $8,000), Florida Rule of Civil Procedure 1.140(a)(1) gives you 20 days from the date you were served to file an Answer. Miss this deadline and the court will enter default judgment for the full amount plus interest, court costs, and attorney’s fees.

If your case is in Small Claims Court (cases up to $8,000), the Florida Small Claims Rules apply instead. Rule 7.090 requires your appearance at a mandatory pretrial conference (typically scheduled ~30 days after the case is filed), and your defensive response is presented there. The 20-day Rule 1.140 deadline does NOT apply in small claims. Check the court named on your summons — it tells you which set of rules applies.

Default judgment is permanent. It can be collected from your wages through wage garnishment, from your bank account through bank levy, and as a lien against your property. It also damages your credit for 7 years.

The 20 days starts on the date you were personally served — not the date the lawsuit was filed. If you were served by publication or substituted service, you may have additional time. Check your summons carefully for the exact deadline.

E-filing through the Florida Courts E-Filing Portal is mandatory for attorneys in all 67 Florida counties. Pro se defendants, however, can typically still file paper Answers in most counties. Check your specific county’s clerk of court website for current filing options. If you choose to e-file as a pro se defendant, you can register at myflcourtaccess.com.

Florida has different statute of limitations periods depending on the type of debt — and the distinction matters significantly in Cavalry cases.

Under Fla. Stat. § 95.11(2)(b), the SOL on written contracts (including most credit card agreements) is 5 years from the date of breach (typically the date of your last payment).

Under Fla. Stat. § 95.11(3)(j), the SOL on account stated and open accounts is 4 years.

This split matters because debt buyers like Cavalry often cannot produce the original signed credit agreement — particularly when the debt has passed through the secondary debt buying market. If Cavalry is suing you on a credit card debt but cannot produce the original signed agreement, your defense may argue the case is governed by the 4-year account stated SOL rather than the 5-year written contract SOL.

If your last payment was more than 5 years ago, the case is time-barred under either SOL. If your last payment was between 4 and 5 years ago, the applicable SOL depends on whether Cavalry can produce the original signed credit agreement.

The clock starts on your last payment, not the date the debt was charged off. The clock does not restart if Cavalry bought the debt more recently.

Florida Statute § 559.715 requires assignees to send consumers written notice of assignment 30 days before collection. Many secondary sources still teach pro se defendants to plead § 559.715 failure-to-notify as a defense. Florida appellate courts have foreclosed that defense.

In Brindise v. U.S. Bank, 183 So. 3d 1215 (Fla. 2d DCA 2016), Florida’s Second District Court of Appeal held that the § 559.715 notice “is not a condition precedent” to a collection or foreclosure suit. The Florida Supreme Court denied review (review denied, No. SC16-300, Fla. Mar. 22, 2016). Since Brindise, the First, Fourth, and Fifth District Courts of Appeal have all followed it — Nationstar Mortg. v. Summers, 198 So. 3d 1162 (Fla. 1st DCA 2016); McCall v. HSBC Bank USA, N.A., 186 So. 3d 1134 (Fla. 1st DCA 2016); Bank of Am. v. Siefker, 201 So. 3d 811 (Fla. 4th DCA 2016); Nat’l Collegiate Student Tr. 2007-1 v. Lipari, 224 So. 3d 309 (Fla. 5th DCA 2017). The Third District has not squarely ruled, but the weight of Florida appellate authority is overwhelmingly against treating § 559.715 as a defense.

What this means for your case: do not rely on § 559.715 failure-to-notify as a primary defense. Cavalry’s failure to send the 30-day assignment notice, by itself, will not defeat their lawsuit under current Florida appellate caselaw.

What § 559.715 still offers: § 559.715 is part of the FCCPA framework, and willful failure-to-notify combined with other prohibited collection conduct under § 559.72 may support an FCCPA counterclaim under § 559.77 — separate from the underlying debt action. Talk to a Florida consumer-rights attorney if Cavalry’s pre-suit collection conduct may have violated § 559.72.

Florida Rule of Civil Procedure 1.170(a) makes any claim that “arises out of the same transaction or occurrence” as the plaintiff’s lawsuit a compulsory counterclaim — meaning you must assert it in this lawsuit or potentially waive it.

Whether FCCPA or FDCPA claims are compulsory under Rule 1.170(a) is contested in Florida courts. Federal FDCPA caselaw consistently treats debt-collection-misconduct claims as permissive, not compulsory, because the FDCPA claim arises from the collection conduct rather than from the underlying debt. At least one Florida circuit court following that federal line has held that FCCPA debt-collection-violation claims are also permissive — meaning they can be filed in a separate action without waiving them.

Practical guidance: if Cavalry’s collection conduct violated the FCCPA or FDCPA and you have the evidence ready at the 20-day mark, asserting the counterclaim now is the safer choice — it preserves your rights either way and creates settlement pressure. If you don’t have evidence ready, do NOT file a weak counterclaim just to “preserve” the right; consult a Florida consumer-rights attorney about whether your claim is compulsory or permissive in your specific case.

Note the FCCPA’s 2-year statute of limitations under § 559.77(4) — older violations may be time-barred regardless of compulsory-vs-permissive analysis.

Statute of limitations under Fla. Stat. § 95.11(2)(b) (written contracts, 5 years) or § 95.11(3)(j) (account stated, 4 years). The applicable SOL depends on whether Cavalry can produce the original signed credit agreement.

§ 559.715 30-day assignment notice — but as a counterclaim component only, not a standalone defense. Brindise and its progeny foreclose § 559.715 failure-to-notify as a standalone defense to a debt-collection suit (see the § 559.715 section above). However, if Cavalry never sent the 30-day notice AND engaged in other prohibited collection conduct, the combined facts may support an FCCPA counterclaim under § 559.72 — separate from your core defense strategy. Use § 559.715 to strengthen an FCCPA counterclaim, not to plead it as your primary defense.

Lack of standing. Cavalry must produce the complete chain of title from the original creditor. Without it, they cannot prove they own the debt.

Motion to Compel Arbitration. Most consumer credit agreements contain mandatory arbitration clauses. Filing a Motion to Compel Arbitration moves the case out of Florida court and forces Cavalry to file with the American Arbitration Association (AAA). When Cavalry fails to comply with AAA’s procedural requirements, the case can be dismissed.

FCCPA counterclaim under Fla. Stat. § 559.72 (prohibited practices) with remedies under § 559.77. Florida’s Consumer Collection Practices Act prohibits 19 categories of abusive collection conduct and provides actual damages, additional statutory damages up to $1,000 (per action, not per violation), punitive damages at the court’s discretion, and attorney’s fees plus costs. The FCCPA has a 2-year statute of limitations under § 559.77(4). Whether your FCCPA claim is compulsory under Rule 1.170(a) or permissive (filed separately) is a judgment call — see the Compulsory Counterclaim section above.

In 2025, I was sued for $2,892.96 by Plaza Services LLC, another debt buyer, in Eau Claire County Small Claims Court in Wisconsin. I had no lawyer. I’d never been in a courtroom before.

I read my original credit agreement carefully. It contained a mandatory arbitration clause requiring all disputes to be resolved through the American Arbitration Association. I filed a Motion to Compel Arbitration in Wisconsin Circuit Court.

The plaintiff didn’t comply with AAA’s procedural requirements within the deadline. The court dismissed the case.

Under the AAA Consumer Arbitration Rules (which govern consumer credit-card disputes), the business claimant (Cavalry) must pay the initial filing fee of $600 (single arbitrator) or $725 (three-arbitrator panel), plus case-management fees and arbitrator compensation. For the small balances typical of Cavalry cases, these upfront costs frequently exceed the amount in controversy, giving defendants significant leverage. Cavalry often dismisses rather than pay to arbitrate.

That same playbook works against Cavalry in Florida. Florida courts likewise enforce these clauses and routinely compel AAA arbitration when properly invoked. Most consumer credit agreements have arbitration clauses. Cavalry often fails to comply with AAA when defendants invoke them. The case gets dismissed.

I built Answered specifically because I went through this process and realized how few defendants know they have these defenses. Most pro se defendants either default or panic and settle for amounts they don’t actually owe.

File at the court named on your summons. Small Claims Court (cases up to $8,000) follows the Florida Small Claims Rules: you file a defensive response under Rule 7.090 at the mandatory pretrial conference (typically scheduled ~30 days after filing), not under Rule 1.140’s 20-day deadline. County Court (cases $8,000.01 to $50,000) follows Florida Rules of Civil Procedure 1.140’s 20-day Answer deadline. Circuit Court (cases over $50,000) follows the same Rule 1.140 deadline.

Filing fees: Small Claims fees range from $55 (claims up to $100) to $300 (claims $2,500.01 to $8,000). County Court filing fees are typically $185 to $400 depending on the amount in controversy. Circuit Court fees are higher.

Florida offers fee waivers (Application for Determination of Civil Indigent Status) for qualifying low-income defendants.

E-filing through the Florida Courts E-Filing Portal is mandatory for attorneys. Pro se defendants can file paper or e-file (register at myflcourtaccess.com).

Whatever tier your case is in, your defensive pleading should include numbered paragraph denials matching the complaint, your affirmative defenses (statute of limitations, lack of standing, etc.), any counterclaims (see the Compulsory Counterclaim section above on whether FCCPA/FDCPA claims are compulsory), your verified signature, and a certificate of service.

The court schedules a case management conference or pretrial hearing. Cavalry must produce evidence supporting their claim — the credit agreement, account statements, and chain of title.

You can request discovery, demanding Cavalry prove ownership and the amount they’re claiming. Specifically demand the original signed credit agreement (which determines whether the 5-year written contract SOL or 4-year account stated SOL applies), the chain of title documentation, and the § 559.715 notice of assignment.

If Cavalry can’t produce documents, you can file a Motion for Summary Judgment or Motion to Dismiss.

Many Cavalry cases settle for far less than the demanded amount, or get dismissed before trial. The single most important fact about Cavalry cases is that debt buyers abandon most cases where defendants fight back with documented defenses. Filing an Answer with strong defenses — and FCCPA counterclaims where applicable — is often enough to make Cavalry walk away.

Don’t ignore the lawsuit. Default judgment is permanent and collectible.

Don’t plead § 559.715 failure-to-notify as your primary defense. Brindise and its progeny across the 1st, 2d, 4th, and 5th DCAs have held § 559.715 notice is not a condition precedent — failure to provide notice is not, by itself, a defense. See the § 559.715 section above.

Don’t ignore FCCPA violations in Cavalry’s collection conduct. Whether the FCCPA claim is compulsory under Rule 1.170(a) or permissive is a judgment call (see the Compulsory Counterclaim section). If you have FCCPA evidence ready at the 20-day mark, asserting the counterclaim now is safest. If you don’t, consult a Florida consumer-rights attorney before deciding whether to file it as a counterclaim, file it separately, or both.

Don’t agree to a verbal payment plan. Get everything in writing and on the court record.

Don’t admit you owe the debt in your Answer. Deny everything you can’t independently verify with documents.

Don’t pay the original creditor. If Cavalry is suing you, paying the original creditor creates evidence that Cavalry doesn’t actually own the debt anymore.