If you’ve been sued by Cavalry SPV, you’re probably wondering what you should do next. In addition, you likely have lots of questions about the legal process in general. This is not uncommon. Most consumers know very little about debt collection lawsuits. Unfortunately, however, Cavalry SPV knows—and takes full advantage of—this fact. In fact, filing lawsuits against debtors is a major part of Cavalry SPV’s business model. One question many Cavalry SPV debt collection lawsuit recipients have is whether Cavalry SPV will garnish their wages. In this article, we discuss the possibility of wage garnishment in a Cavalry SPV lawsuit.
About Cavalry SPV
Cavalry SPV, also known as Cavalry Portfolio Services, is a debt buyer, which is an organization that buys debts in large quantities from loan and credit card companies for pennies on the dollar. Cavalry SPV then makes efforts to collect these debts. Cavalry routinely files lawsuits against consumers who refuse to pay.
What is Wage Garnishment?
A wage garnishment is an order requiring a certain percentage of a debtor’s paycheck to be withheld and sent directly to a creditor. Usually, wage garnishment requires a money judgment from a court. For example, when a debtor falls behind on his or her credit card payments, wage garnishment isn’t possible until the creditor sues the debtor and obtains a judgment.
Wage Garnishment in California
Wage garnishment in California is calculated based on a debtor’s disposable earnings, which are the funds paid to an employee after the employer takes out all required deductions. In California, the maximum amount that can be garnished from your wages is the lower of:
- 25% of your disposable earnings for the applicable week, or
- 50% of the amount by which your disposable earnings each week exceed the state hourly minimum wage by 40 times. And if you work in an area where the local minimum hourly wage is more than the state minimum hourly wage, then the local minimum hourly wage in effect when the earnings are payable is used to make this calculation.
However, this amount can be reduced if you are able to demonstrate the need. In California, any part of your earnings that you can prove are necessary for the support of you or your family is exempt from wage garnishment.
Contact a Debt Collection Lawsuit Defense Attorney
If you have received a lawsuit from Cavalry SPV and are concerned that your wages may be garnished, you should contact a debt collection defense attorney as soon as possible. At Fullman Firm, our California debt collection lawsuit defense attorneys are here to protect your legal rights and resolve your California debt collection lawsuit. We have a reputation as tenacious litigators and skillful negotiators, and we will put these skills to use in the defense of your Cavalry SPV lawsuit. Please contact us to schedule a free initial consultation.