Author Archive


LVNV Sued You

LVNV Sued You Why are they suing? And what are your options? LVNV has sued you in a debt collection lawsuit. Why are they suing you, and what are your options?   Who is LVNV Funding, LLC?  This is a debt collector or a debt buyer. They are suing you because they claim that they have bought an old debt. The debt might be from Credit One, Synchrony Bank, Chase, or another old original creditor, but they claim to have… (Read more)


What Happens When You Are Sued By a Debt Collector In District or Small Claims Court In Alabama

What Happens When You Are Sued By A Debt Collector in District or Small Claims Court in Alabama   An overview of the process from beginning to end. In my hands, I’m holding a copy of a typical lawsuit, which is also called a complaint. A debt collector, such as Unifund, Midland Funding, LVNV, Portfolio Recovery, or Asset Acceptance, prepares a complaint. They file this document in court, and it states who is suing you. The lawsuit will have your… (Read more)


What if you settle a debt? Are there tax consequences?

Maybe you received a collection letter in the mail, or maybe you got sued, and you settled by paying some money to the original creditor or the debt collector. What are the tax consequences? Let me give you the general guidelines. There are exceptions to this, and some answers may have to be sought elsewhere, but with this information, you can at least have enough knowledge to ask the right questions.   Forgiven debt is taxable income to you There’s… (Read more)


Adjudication on the merits means debt collector who sued you cannot credit report on you or continue to collect against you!

So you have been sued by a debt collector (or even an original creditor).  You get the case dismissed with prejudice and then the collector (or creditor) is still collecting against you.  Is this legal or illegal?  What in the world does the expression “adjudication on the merits” mean for you (hint:  its a good thing!). Possibilities when you are sued by a collector in a collection lawsuit Judgment for plaintiff (the one who sued you) Judgment for defendant (you… (Read more)


How to prepare for a Zoom trial

How to prepare for a Zoom trial Due to the Covid-19 pandemic, a lot of court cases are now being handled by Zoom or some other type of video conferencing program.  In Alabama, where I practice, almost all of these virtual court meetings are done by Zoom.  What are some steps you can take to make sure you are prepared for your upcoming Zoom hearing or Zoom trial? Make sure you have all the information for your Zoom meeting. Zoom… (Read more)