Who is LVNV Funding and why are they suing me?


“Who is LVNV Funding and why are they suing me?”

Who is LVNV Funding and why are they suing me?You may have gotten a letter, or maybe even a phone call from this company called LVNV Funding.

You may be wondering, “What do they want, and who are these people?”

This is a good question, because they file almost as many cases in Alabama as Midland Funding or Portfolio Recovery Associates.

The reason they’re suing you is because they claim that you owe them money.

Supposedly they own a debt that you owe.

They want you to agree to pay them money.

If you don’t agree to pay them, then they want to get a judgment against you.

If they get a judgment against you, they can garnish your wages, bank account, and sell your property.

“What should I do?”

The most important thing you can do, whether you hire a lawyer to handle your case or you handle it on your own, is to file an answer in your lawsuit.

If you’ve been sued in Small Claims or District Court, you have 14 days to file your answer.

If you were sued in Circuit Court, which sometimes LVNV does sue you in Circuit Court, you have 30 days to file your answer.

If you have any questions about when you were served, you can call the court.

You can also call us, and we can look it up for you (1-205-879-2447).  Just ask for Carolyn.

If you don’t file your answer, LVNV wins.

Even if you don’t owe the debt.

Even if they don’t really own the debt.

The court will rule that you owe it, because you didn’t file your answer.

Who is LVNV Funding?

Typically, LVNV Funding is the last company to buy a debt.

Sometimes companies will buy a debt directly from the original creditor; however, that is rarely the case with LVNV.

Imagine that you have a Capital One card, and some company buys the debt from that card.

Then, it goes through a chain of companies  until it reaches LVNV.

Usually Scott & Associates, or Zarzaur & Schwartz handle LVNV’s cases; however, there are other collection lawfirms that they may use.

Take this case very seriously.

Because they’re trying you get your money.

You have 5 options when you’re being sued by LVNV Funding.

We have another article that goes in depth about your options, but here’s a summary.

1.) You can file bankruptcy.

This is hardly ever a good option, but it is an option.

2.) You can fight it on your own.

Most of the time, this is one of the best options.

3.) You can settle it on your own.

This isn’t the best option either, but it’s still an option.

4.) Hire a lawyer to fight it.

5.) Hire a lawyer to settle it.

If you hire us, we can almost always make the lawsuit go away.  You’ll need to think through the cost compared to the time and risk of you doing it on your own.  We’ll be glad to help you think through those options.  Call us at 205-879-2447.

We have plenty of experience with LVNV Funding.

In fact, as of today, we have a case where our client is suing LVNV Funding.

They won their case against them, and now they’re suing LVNV for false credit reporting, and for filing a bogus lawsuit.

We’ve been suing LVNV for around 10 years now.

Feel free to get in touch with us.

If you have any questions about what we covered in this article, you are more than welcome to call us.

You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you to set up a phone meeting.

Make sure to ask for Carolyn when you call.

I look forward to chatting with you!

Have a great day.

-John G. Watts


16 Comments

  1. Elisha says:

    I had a judgment passed against me with LVNV funding. I have until May 24 to file amotion to vacate judgement

    Can you help me?

    • John Watts says:

      Elisha,

      If you are in Alabama call Carolyn in my office at 205-879-2447.

      If you were sued in small claims or district court you can normally appeal within 14 days of the judgment.

      If you received a default judgment, then you normally have 14 days to ask the court to set it aside.

      Lots of possibilities based on what happened so call us at 205-879-2447 so we can see how we can help you.

      Thanks….

      John Watts

  2. Tina says:

    I was sued by LVNV Funding LLC, I never received paperwork about this. I didn’t get anything until the court date was over. I am being garnished by them,I called the law firm that is handling this and they had no answers for me. Is there anyway I can find out who this debt is from and try and negotiate with them?
    Someone please help.

    Thanks
    tina

    • John Watts says:

      Tina,

      If you were not properly served, then the judgment should be reversed or set aside. (I’m assuming you are in Alabama — if not have to check your state’s laws).

      Being served means personally being handed the papers, or receiving them by certified mail, or the lawsuit papers being given to an adult who lives with you.

      We can see what the court says happened and then you can tell us if you were really served.

      It is pretty common that we are attacking judgments for lack of being served.

      Bottom line is if you can attack the judgment, then LVNV is in a bad spot.

      But if you were served, then you will need to look at trying to settle. If the judgment is proper (because you were properly served) then you negotiate with the collection lawyers. (Technically you can ask the court to set aside a judgment but very limited time to do so IF you were served).

      Call us at 205-879-2447 if you live in Alabama and we can look up what happened in court. Then help you see your options.

      Best wishes and we’ll be happy to help.

      John Watts
      205-879-2447 (ask for Carolyn)

      PS — if you are outside of Alabama we can’t help you — you’ll need a lawyer in your state to look up your case and help you understand your options.

  3. taadamexa smith says:

    being sued by lvnv funding. the date said on the paper say severed by August 30 got it October 3. was not sign by an officer and not deliver by officer. live in texas

    • John Watts says:

      You need to get with a Texas lawyer ASAP so LVNV does not get the court to get a default judgment against you.

      I don’t know if the “service” was valid or not as I don’t practice in Texas.

      Please take immediate action on this to protect yourself.

      Best wishes!

      John Watts

  4. Ieanette says:

    I havent been served anything or received anything in the mail from LVNV, but I have gotten over 30 letters from lawyers offices offering their services and they say that they see I am being sued by LVNV. I dont work, havent in 3 years, i am immobile due to severe RA and sybchope caused by RA, I faint dail when under stress or extreme heat. I do not have a bank account so they cat freeze anything, and they cat garnish me because I have no income, I am separated, but am living in the basement because I cant work and I have 4 kids. I have one credit card, and its in good standing. I had a credit card years ago Credit ONE, who closed my account for no reason and wouldnt let me pay online. I owed them 400 dollars whcih was my limit. They wanted me to give them a checking account number and I said no. i said id pay online as I had always done. They blocked me form paying online. Turned me over to a collection agency for the amount of 689, note my limit was 400, so I told the collection agency Id pay what I owe 400 dollars. They said no. So I said OK. Good luck to you and then they sent one more letter stating that if I didnt pay 890, note my limit was 400, Id be taken to court and id hav to pay 890 plus 2500 for court fees. Since I dont have an income, I cant even keep some doctors appts die to a lack of income. I left in Gods hands. Now I see they may be serving me soon, but I am not accepting anything from anyone anytime soon. Not sure how to proceed with no car ND NO INCOME.

    • John Watts says:

      Leanette,

      I’m sorry you are in this situation.

      Have you been served yet with the lawsuit?

      Given the size of the lawsuit and the threat that you will have to pay $2500 in court fees, I would get with a consumer protection lawyer in your state.

      That $2500 seems outrageous and it may give a lawyer the chance to sue LVNV so they may be able to defend you without you paying any lawyer fee.

      It is worth a call to a lawyer to see if they can do this.

      I would go ahead and start calling some lawyers and have this information handy:

      1. If you have a copy of the lawsuit, tell them as it will have the case number

      2. If you have been served, tell them so they know the deadlines you are working with to respond

      3. I would suggest pulling your credit reports so you can tell the lawyer what LVNV is reporting on you.

      Best wishes!!

      John Watts

  5. Rose says:

    LVNV is attempting to garnish my husband’s wages for a debt purchased from Sears. Trouble is, that debt is 20+ years old and has been written of TWICE, the last time being back in 2009! They are attempting to garnish his wages for nearly $11,000.00, with a court date set in another state!! We live in North Carolina, and the case is filed in Virginia. Please tell me we can fight this! There is no record of the debt even existing anymore on any of his consumer reports.

    • John Watts says:

      Rose,

      You’ll need to get a consumer protection lawyer in Virginia to help you as that is where the lawsuit is filed.

      I would find out the answers to at least these questions — use these as a starting point:

      1. Is there a judgment against your husband? If so, where and when? Or is it just a lawsuit against him?

      2. If there is no judgment, then can your husband use the statute of limitations to defend?

      3. Is the suit proper in Virginia when you live in North Carolina?

      Again use these as a starting point for you.

      Hope this helps — definitely get with a VA lawyer ASAP so they can help you.

      John Watts

      • Rose says:

        Thank you so much for your help. We have reached out to an attorney in VA, and we will be fighting this. As of this time, there is no judgment against my husband. There is however a garnishment summons, set for April of 2018 in VA. We are hoping to see if we can get this dismissed. Wish us luck!

        • John Watts says:

          Absolutely! That’s great — keep fighting it and I’m so glad there is NO judgment!

          Best wishes and hope you can get it wrapped up ASAP.

          John

  6. paul rezin says:

    i just finish paying off my bill how long will it take to show it was paid and acct close on my credit report ty pr

    • John Watts says:

      Paul,

      It really depends on who the company is.

      But here is an option to consider.

      You have proof it was paid off.

      Dispute with the credit reporting agencies and say something like “I paid off the XYZ account on 2-28-18. Please show it as paid off and closed.” Give them proof of payment.

      That can speed up the process for you.

      Hope that gives you some ideas — do check things out in your state but this can be a starting point for you.

      Best wishes!

      John Watts

  7. Jennifer Reid says:

    LVN Funding… are suing me can I have someone to email me asap before they try to garnish my check.

    • John Watts says:

      Jennifer,

      If you are in Alabama call us at 205-879-2447 so we can help you. If you are in a different state make sure you get with a lawyer there.

      Thanks

      John Watts

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