How to Sued By LVNV Funding LLC?
If you have been sued by the company LVNV Funding LLC, you are not alone. Many consumers face legal proceedings due to a debt collection attempt, often involving allegations of improper practices and mistaken identity, which can violate the Fair Debt Collection Practices Act.
Who is LVNV Funding LLC?
LVNV Funding LLC is a debt collection agency. As a debt collection company, it is involved in legal procedures and implications when suing consumers for unpaid debts. According to the Florida Division of Corporations, LVNV Funding’s principal address is 6801 S. Cimarron Road, Suite 424-J, Las Vegas, Nevada 89113.
The Consumer Financial Protection Bureau complaint database reflects 5,523 complaints (as of April 3, 2025).
Who is Resurgent Capital Services?
LVNV Funding LLC outsources its accounts to a management company called Resurgent Capital Services. According to the Florida Division of Corporations, Resurgent Capital Services’ principal address is 55 Beattie Place, Suite 110, Greenville, South Carolina 29601.
Resurgent Capital Services is BBB accredited. They are given an “A+” rating by the BBB in spite of 326 complaints in the last 3 years (as of 4/3/2025).
The Consumer Financial Protection Bureau complaint database reflects 26,224 complaints (as of April 3, 2025).
Why is LVNV Funding LLC suing me?
LVNV Funding is a debt collection agency that often purchases debt from other companies. Sometimes, after an account goes into delinquency, the creditor decides to sell the debt to another party. Therefore, if LVNV Funding has sued you, it is probably because they now own a debt that you once owed to another creditor.
Debt collection notices are often sent to individuals as part of legal proceedings, and it is crucial to understand your consumer rights under the Fair Debt Collection Practices Act (FDCPA).
Debt collection lawsuits are a common method used by agencies like LVNV Funding to recover debts. When faced with such lawsuits, it is essential to respond to summons and complaints to avoid default judgments.
The debt collection lawsuits result can have serious legal consequences, especially if the lawsuit targets the wrong individual. This highlights the importance of consumer protection laws like the FDCPA.
Debt collector maintained procedures are required under the FDCPA to prevent violations, particularly in cases of mistaken identity or errors in debt collection efforts. These procedures are crucial for debt collectors to establish a ‘bona fide error’ defense and avoid liability.
Reviewing the Claim and Your Options
When you receive a debt collection notice from LVNV Funding LLC, it’s crucial to understand the debt collection process and your rights as a consumer. As a debt collection agency, LVNV Funding must adhere to the Fair Debt Collection Practices Act (FDCPA). This means they are required to provide you with a validation notice within five days of their initial contact. This notice should detail the amount of the debt, the name of the original creditor, and inform you that you have 30 days to dispute the debt.
To effectively review the claim, follow these steps:
- Verify the Debt: Ensure that the debt is accurate and that you indeed owe the amount claimed. Cross-check the details with your records.
- Check for Errors: Look for any discrepancies in the validation notice, such as incorrect dates, amounts, or creditor information.
- Understand Your Rights: Familiarize yourself with the FDCPA and your rights as a consumer. This knowledge will empower you to handle the situation more effectively.
- Evaluate Your Options: Assess your financial situation and consider the best course of action. This might include negotiating a settlement, disputing the debt, or exploring other debt resolution options.
By taking these steps, you can make informed decisions and protect yourself from unfair debt collection practices.
Negotiating a Debt Settlement with LVNV Funding LLC
Negotiating a debt settlement with LVNV Funding LLC can be a practical way to resolve your debt. However, it’s essential to approach the negotiation process with a clear understanding of your rights and the steps involved. Here are some tips to help you navigate the negotiation:
- Know Your Rights: Before entering into negotiations, ensure you understand the FDCPA and your rights as a consumer. This knowledge will help you identify any unfair or abusive debt collection practices.
- Verify the Debt: Confirm that the debt is accurate and that you owe the amount claimed. This will provide a solid foundation for your negotiations.
- Determine Your Offer: Based on your financial situation, decide on a realistic settlement offer. Consider what you can afford to pay and be prepared to justify your offer.
- Negotiate in Writing: Always conduct your negotiations in writing. This ensures that all terms and conditions are clearly documented and can be referenced later if needed.
- Seek Professional Help: If you’re unsure about the negotiation process or feel overwhelmed, consider seeking assistance from a debt settlement attorney. They can provide expert guidance and negotiate on your behalf.
By following these tips, you can increase your chances of reaching a favorable settlement with LVNV Funding LLC.
Understanding Your Rights in a Debt Collection Lawsuit
If LVNV Funding LLC has filed a debt collection lawsuit against you, it’s crucial to understand your rights and the legal process involved. Here are some key points to consider:
- Respond to the Lawsuit: It’s imperative to respond to the lawsuit within the specified timeframe to avoid a default judgment. Ignoring the lawsuit can result in the court ruling in favor of LVNV Funding LLC by default.
- Understand the Lawsuit: Take the time to familiarize yourself with the details of the lawsuit and the claims made by LVNV Funding LLC. This will help you prepare an appropriate response.
- Know Your Defenses: Determine if you have any valid defenses to the lawsuit. Common defenses include the statute of limitations, lack of documentation, or errors in the debt amount.
- Seek Professional Help: Consider hiring a debt defense attorney to represent you in court. An experienced attorney can help you navigate the legal process, protect your rights, and increase your chances of a favorable outcome.
Understanding your rights and the legal process can help you effectively defend yourself against a debt collection lawsuit.
Benefits of Retaining a Debt Defense Attorney
Retaining a debt defense attorney can provide numerous benefits when dealing with a debt collection lawsuit from LVNV Funding LLC. Here are some advantages:
- Expert Knowledge: A debt defense attorney has extensive knowledge of debt collection laws and procedures. They can provide valuable insights and strategies to defend your case.
- Representation: An attorney can represent you in court, ensuring that your rights are protected and that you have a strong defense.
- Protection of Rights: A debt defense attorney can help ensure that LVNV Funding LLC follows the FDCPA and does not engage in unfair or abusive debt collection practices.
- Peace of Mind: Knowing that your case is being handled by a professional can provide peace of mind and reduce the stress associated with a debt collection lawsuit.
By retaining a debt defense attorney, you can navigate the debt collection process more effectively and work towards a favorable resolution.
By understanding your rights and options, you can effectively navigate the debt collection process and achieve a favorable outcome.
Is there a class action lawsuit against LVNV Funding LLC?
Consumers have sued LVNV Funding a number of times for claims of improper collection practices, including suing in over a dozen class action lawsuits across the country.
For instance, in a notable case, the trial court concluded Rodriguez could not demonstrate a probability of prevailing on her claims in a debt collection action, as the court found the efforts were not falsified.
Many of these class action suits claim that LVNV Funding did not accurately convey the amount of the debt owed or that it failed to give an itemized accounting of the debt owed, including a 2017 suit filed in New Jersey and a 2017 suit filed in New York.
Several other class action lawsuits claim that LVNV Funding misled consumers regarding the fact that they could not sue the Plaintiffs because the debt was too old. In a 2018 case filed in Texas, Plaintiff states that LVNV Funding did not “disclose that the previously-lapsed statute of limitations to file a lawsuit will recommence upon a payment made by the Plaintiff.
How to beat LVNV Funding LLC?
- Show Up
First, don’t bury your head in the sand! Florida Courts are divided into 3 levels depending on how much the lawsuit is for: small claims, county court, and circuit court. In small claims cases, a defendant is required to attend a hearing early on called a “case management conference”; whereas in county court and circuit court, the defendant has 20-days to file a written response from the day the lawsuit papers are served. If a defendant doesn’t appear (in small claims) or they fail to respond (in county court or circuit court), the court will likely enter a default judgment against them. Make sure to respond (or hire someone to do so) so you don’t lose off the bat!
When negotiating debt settlements, understanding how debt collectors operate is crucial.
- Review the claim
Next, review the records from the case. When a lawsuit is based on the records of another company, it may be that the records are inaccurate. Review the claim and don’t assume it is correct just because they have written it. See if the claim and the amount are accurate.
- Consider your options
Evaluate the alleged debt from the lawsuit, along with your other debt and your income. Is there a defense to the claim? Can you realistically afford settlement, or does it make more sense to consider bankruptcy? Here is where you may want to have a free consultation with a debt resolution professional who can help you to objectively review your options.
- Negotiate
Assuming bankruptcy is not your best option and depending on the merits of your case, negotiation with the debt collector may be the next best step. If you hire a debt settlement attorney to assist you with the lawsuit, your attorney will negotiate for you. However, if you are determined to go it alone, you are generally better talking to the opposing firm than doing nothing (*this is a generalization; each situation is different). Just keep in mind, they are not looking out for your best interest. They are likely not going to tell you about your defenses to the lawsuit or your protections from collection. Their job is to get you to pay.
- Any Settlement Agreement Should be in Writing
Finally, if you reach a settlement agreement, even if you are representing yourself, your agreement should be in writing.
Questions on Your LVNV Funding LLC Lawsuit?
We offer a complimentary consultation with our experienced attorneys. We’ll evaluate your case and review your options with you.
