If LVNV Funding is suing you, immediately contact an experienced consumer debt protection attorney.
LVNV Funding has a long and notorious history of aggressive debt collection tactics and often resorts to suing consumers to collect on unpaid debts.
Do not handle the lawsuit on your own. An attorney can significantly increase your chances of a successful outcome.
What Is LVNV Funding?
Founded in 1997, LVNV Funding is a debt collection agency specializing in purchasing and collecting old or charged-off debts. They often purchase these debts for pennies on the dollar from original creditors who have given up trying to collect on them themselves.
Once they own the debt, LVNV Funding will try to recoup as much money as possible from consumers, including filing lawsuits.
Why Is LVNV Funding Suing Me?
LVNV Funding may be suing you because they believe you owe them money. Rest assured, you aren’t the only one LVNV Funding has targeted. They have a long history of filing lawsuits against consumers, and in many cases, without the proper documentation to prove that the consumer actually owes the debt.
In some cases, they may even attempt to collect on a debt already paid off or settled. Credit and debt database systems aren’t always updated accurately, so debts can be sold and resold multiple times, leading to confusion and incorrect information.
While legal action by LVNV is typically related to credit card debt, they have also sued consumers for medical debts and consumer loans.
So, if you’ve never had a credit card but LVNV is suing you, don’t automatically assume it’s a mistake – it could involve another type of debt.
Legal action is typically LVNV’s last resort, a situation occurring when the consumer on file hasn’t:
- Paid the outstanding debt
- Responded to LVNV’s attempts to contact them
- Agreed to a payment plan or settlement offers from LVNV
Regardless of the reason, a suit by LVNV Funding can stress you out. A lawyer will understand your rights and options in this situation, so immediately seek legal help from a consumer debt attorney.
Breaking Down An LVNV Funding Lawsuit
The letter notifying you of the lawsuit.
LVNV Funding may notify you of a suit through a letter or summons notifying you of the legal action.
This letter should include information about:
- The amount of the debt they claim you owe
- The name of the original creditor
- Instructions on how to respond to the lawsuit, including a deadline for responding
This letter may also include a copy of the lawsuit, which will provide more detailed information about the claim and what LVNV seeks from you. Carefully review this letter and note any deadlines.
Responding to the lawsuit.
Once officially served with the lawsuit, you must respond within a specific time frame – typically 20 to 30 days, depending on your state’s laws. If you do not respond within this timeframe, LVNV may win the lawsuit by default and the court may award it a judgment against you.
To properly respond to the lawsuit, you’ll need to:
- File an answer with the court: This is your formal response to the lawsuit, in which you admit or deny each allegation and state any defenses you have.
- Gather evidence: If you believe that LVNV’s claim against you is invalid, it’s important to gather any evidence that supports your case. This could include proof of payment, settlement agreements, or documentation showing that the debt has already been paid in full.
- Attend a court hearing: Sometimes, a hearing may be scheduled where both parties can present their arguments and evidence.
You need an experienced consumer debt attorney who can adequately prepare and present your response and evidence, increasing your chances of a successful outcome in court.
Potential Lawsuit Outcomes
Several different outcomes can result from a lawsuit with LVNV Funding:
- You win the case: If you successfully defend against LVNV’s claim, the court may dismiss the lawsuit, and no judgment will be made against you.
- You lose the case: If LVNV wins the lawsuit, a judgment will be entered against you. This means you will be legally obligated to pay the debt, including any additional fees or interest.
- Settlement: In some cases, LVNV may offer a settlement agreement where you agree to pay a portion of the debt in exchange for dropping the lawsuit. This can be a good option if you cannot pay the debt fully and want to avoid a judgment against you.
- Default judgment: If you fail to respond to the lawsuit or miss a court hearing, LVNV may win the case by default and be awarded a judgment against you. This can result in wage garnishment or other legal actions taken against you.
The outcome won’t be guaranteed and will depend mainly on the evidence brought forth by both parties. Regardless, you have rights as a consumer throughout the process, including the right to legal representation and the right to dispute the debt’s validity.
Gathering Evidence For an LVNV Lawsuit
If you believe that LVNV’s claim against you is invalid, gather any evidence that supports your case and bring it to a lawyer.
This could include:
- Proof of payment: If you have paid towards the debt or have evidence that the debt has already been paid in full, this can help support your case.
- Settlement agreements: If you have previously reached a settlement agreement with the original creditor or another debt collector, this can also support your case.
- Credit reports: Your credit report may contain information about the debt and any attempts to collect on it. If there are any discrepancies or incorrect information, this can be used as evidence in your defense.
- Recorded phone calls: In some cases, LVNV Funding may have contacted you by phone regarding the debt. If you have any recorded conversations with them, these can be used as evidence in your defense.
Your evidence should include any documentation or correspondence related to the lawsuit, such as the original letter notifying you of the legal action and any responses or documents filed with the court.
Legal Rights When LVNV Funding Is Suing You
Just because the debt collection agency has the right to sue you doesn’t mean they can behave unfairly or unlawfully. As a consumer, you have rights that protect you from unfair debt collection practices.
These include:
- The right to dispute the debt: If you believe the debt is invalid or there are any discrepancies in the amount owed, you have the right to dispute it with LVNV Funding.
- Protection against harassment: Debt collectors must follow the rules and regulations set by the Fair Debt Collection Practices Act (FDCPA), which prohibits them from harassing, threatening, or using abusive language towards you.
- The right to seek legal representation: You can hire a consumer debt attorney to represent your interests and defend against the lawsuit on your behalf.
With the help of an experienced consumer debt attorney and by understanding your legal rights, you can navigate the process and work towards a favorable outcome in court.
Should I Talk To LVNV When It Sues Me?
No, do not communicate with LVNV Funding once it serves you with a lawsuit. Avoid admitting guilt or making any agreements without the guidance of a consumer debt attorney. Let your lawyer communicate with the company.
Sometimes, the debt collection agency may reach out through one of their representatives to discuss a potential settlement or payment arrangement. Consult your attorney before making any decisions or agreements.
Furthermore, document any communication between you and LVNV Funding for your records. This can support your defense in court and may prove that the company violated the TCPA by calling more than the legally allowed amount or when you already requested they stop.
Can I Sue LVNV for Suing Me?
Yes, you may have grounds to sue LVNV Funding if they violated your consumer rights during the debt collection process.
The most common violations of the FDCPA include:
- Harassment or threats: If LVNV Funding has used deceptive, abusive, or harassing tactics to collect the debt from you.
- False representation: This includes misrepresenting the amount of the debt, falsely claiming to be a government agency, or threatening legal action they do not intend to take.
- Failure to validate the debt: Under the FDCPA, debt collectors must provide written verification of the debt upon your request. If LVNV Funding fails to do so, they may be in violation of this rule.
- Overcalling: The Telephone Consumer Protection Act (TCPA) limits the number of calls debt collectors can make to consumers. If LVNV Funding has called you excessively or after you have requested they stop, this could be a violation.
If you believe LVNV Funding violated your rights, gather evidence and consult a consumer debt attorney to discuss your options for filing a lawsuit against them. This can result in monetary compensation for any damages you have suffered due to their actions.
How Much Will an NVLV Lawsuit Cost Me?
The attorney you hire may charge a flat fee, commission rate, or legal expenses to represent you. However, many consumer debt attorneys offer a free consultation to discuss your options and fees upfront.
In addition, if LVNV Funding violated the FDCPA, they may need to pay your legal fees and any damages awarded to you. This can offset or cover the cost of hiring an attorney to defend against their lawsuit.
Standard awards per FDCPA violation are as follows:
- Actual damages: This includes any financial losses or emotional distress suffered due to LVNV Funding’s actions.
- Statutory damages: The court may award up to $1,000 in statutory damages for each violation of the FDCPA. This number jumps to $1,500 if it is proven that LVNV willfully and intentionally violated the law.
- Attorney fees and court costs: If you win your case against LVNV Funding, they may be responsible for paying your legal fees and court costs.
By understanding your rights and options when facing a lawsuit from LVNV Funding, you can better protect yourself and potentially seek compensation for any violations.
Frequently Asked Questions: What To Do If LVNV Is Suing You
No. If you do not respond or show up to court, the judge may rule in favor of the debt collection agency by default.
You can research the FDCPA and TCPA to learn about your rights as a consumer when dealing with debt collectors. It’s also recommended to consult with a consumer debt attorney for personalized advice and guidance.
The statute of limitation on debt collection varies by state and type of debt, but it is typically ten years. A collector may still attempt to collect on a debt after this time, but they cannot sue you for it.
Get Experienced Legal Representation When LVNV Funding Is Suing You
No one wants a debt collection agency to sue them, but it can happen. If you receive notice that LVNV Funding is suing you, seek legal representation immediately. By working with an experienced consumer protection lawyer, you can navigate the lawsuit process effectively and work towards a favorable outcome in court.
Don’t let shady debt collection agencies intimidate or take advantage of you. With patience and help from an attorney, you can resolve the situation for a better, brighter financial future.