Sued by LVNV Funding LLC?

If you have been sued by debt collector LVNV Funding LLC, it means that LVNV Funding has taken legal action against you in an attempt to collect a debt that they claim you owe. When you are sued by a debt collection agency, it is crucial to take the matter seriously and respond appropriately when being pursued by LVNV Funding for unpaid credit card debt.

• Do Not Ignore the Lawsuit: Ignoring the debt collection lawsuit will result in a default judgment against you followed by potential garnishment of your bank account or wages depending on state collection laws.  A lawsuit is much more important than simply having LVNV Funding show on your credit report.  A low credit score is not nearly as critical as a default judgment for not responding to a debt collection lawsuit. 

• Hire an attorney on a Flat Fee – Navigating the Court process for a debt claim can be complicated when served with a debt collection lawsuit.  Getting legal advice is key.  Additionally, you will likely be required to appear in Court one or more times. If you hire an attorney they will likely be able to appear for you. You should know what the fee is going to be and avoid paying a lawyer by the hour since this could get very expensive.  Being a defendant in a debt collection lawsuit is not a fun process.

• File a Response to the Complaint: When you are sued by a plaintiff debt buyer like LVNV Funding on an alleged debt, You must respond to the lawsuit by filing an answer with the court within the specified deadline (usually 14-30 days from service). The deadline varies depending on what Court the case was filed in. In your answer, you generally must deny the allegations of LVNV Funding or you will admit the debt.

• List Defenses: LVNV funding lawsuts require a response, just like any lawsuit for bad debt.  In your answer, you can also assert any valid defenses you may have, such as disputing the debt’s accuracy, claiming the debt is past the statute of limitations, or arguing that you’re not the responsible party.  As the defendant, you must properly assert your defenses.  LVNV may not be able to show adequate documentation from the original creditor.  If so, you need to explain this to the judge as the defendant. 

• Attend Court Hearings (or hire an attorney): When legal action has been taken against you by a debt buyer, the Court will likely set deadlines and hearings in your case. Make sure to attend all scheduled hearings and proceedings and handle all deadlines. This is another reason why it is wise to hire an attorney who focuses on debt lawsuit defense.  Getting legal advice regarding consumer protection can go a long way in defending against a plaintiff in a debt collection case.

• Comply with Court Orders: Follow any court orders or judgments. Failure to do so can result in additional legal consequences.  This is different from the debt collection laws that creditors must follow prior to the debt collection lawsuit being filed.

• Prepare for Trial: A debt collection lawsuit often ends up in trial.  If negotiations fail and the case goes to trial, work with your attorney to prepare a strong defense and gather evidence to support your position.  This is why it’s important to get sound legal advice when faced with a debt collection lawsuit filed by a debt collection agency like LVNV Funding.  Many times they have not provided adequate documentation from the original creditor.  When they buy debt as a debt buyer they are required to provide some documentation at trial.

• Negotiate a Settlement:  LVNV funding lawsuits are serious if you don’t handle them correctly. Your attorney may be able to negotiate a favorable settlement of the claim as opposed to leaving it up to the judge at trial. This is often a wise resolution to eliminate the risks of trial but you must make sure there is a valid written settlement agreement to ensure the bad debt is actually resolved.   The last thing you want is to settle then have LVNV come after you later claiming more unpaid debt. 

• Consider Bankruptcy:  If you have more debts other than just LVNV Funding debt you should consider Bankruptcy as an option.  A Bankruptcy an relieve your obligation of LVNV Funding lawsuits and other bad debt.  This includes credit card debt and other consumer debt.   At Weston Legal we offer a variety of debt relief options in select jurisdictions.  Contact us to see if we can assist with your situation.