These days, it is all too easy to find yourself in debt. The truth of the matter is that if you promised to pay, whether through revolving credit, promissory note, or by verbal agreement, you do legally owe the money. With the state of the world these days, it is easy to just want to ignore the notices and phone calls, but debt collections will eventually pursue a judgment against you which cannot be ignored.
If you are receiving collection notices from LVNV Funding, you may be tempted to ignore them. Once the phone calls start, you will wish that you had never heard of them.
LVNV Funding, LLC is a company that purchases credit card debt or delinquent loans that have been charged off. Once they have purchased a debt, They have been known to aggressively pursue debt holders. Once the debt has been purchased, their efforts to collect that debt can seem almost smothering.
Failure to recover the debt through harassment can result in hiring a local collection attorney to file a lawsuit aimed at recovering that debt. If you have received notice that you are being sued by LVNV Funding, LLC, then you need to speak with a debt lawsuit defense attorney. If you live in the Dallas, Texas area, Warren and Migliaccio, LLP family law and bankruptcy attorneys, want to help you avoid judgment.
Who Is LVNV Funding, LLC?
If you are unfamiliar with the company’s name, you may be quite confused when you receive notice that you are being sued. Owned by Sherman Acquisitions, LVNV Funding, LLC is a company that purchases debts that have been written off by the lender. These are most often credit card debt, but could also include personal loans or installment loans. Capital One, Chase, Citibank, and Wells Fargo are just a few of the companies that LVNV purchases these debts from. Once they have purchased a debt, the company aggressively pursues the debt holder with phone calls. They are so aggressive that class action suits are pending against the company for harassment.
What To Expect If You Are Contacted By Or Sued by LVNV Funding, LLC?
Their initial phone call is traditionally an offer to settle the debt. They may even offer you a discounted one-payment option as long as you act quickly. If you do not accept their offer, they will do everything within their power, legally and often crossing the line into harassment, to collect funds. Every phone number they have to contact you, including people who provide references, will start getting phone calls about you. They will not hesitate to report you to the three credit agencies (TransUnion, Experian, and Equifax). If LVNV Funding, LLC is unsuccessful in making contact or they make contact and you refuse to pay, the next step is to file a lawsuit. Debt buying collection agencies, like LVNV, will file for judgment in hopes of receiving a default judgment against you.
They are usually ill-equipped to go up against you in court. The collection agencies are usually represented by an attorney who is hired to appear on behalf of the debt buyer in court, but will not have sufficient documentation or knowledge about your particular case.
Thousands of these suits are filed by LVNV Funding each year and the amount being sued for is often twice the amount of the original debt or more. Upon receiving notice of the suit, debt holders are often embarrassed and unsure how to handle the situation. The uncertainty causes many people to simply ignore the situation hoping it will resolve itself.
If they challenge you in court, your best bet is to retain an attorney and respond to the lawsuit.
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Weaknesses of Debt Collection Lawsuits
When collection agencies such as LVNV Funding pursue a lawsuit against those who find themselves in collections, some weaknesses are hard for them to overcome. These weaknesses include:
- When they take legal action, it is in hopes that the consumer will not show up in court so that they can get a default judgment against them.
- Some of the accounts they purchase are too old to be enforced by any legal means.
- Quite often, the real chain of custody of who actually owns the debt is unclear.
- When debts are bought in large batches, the individual who signs the affidavits that attest to direct knowledge that the debt is real is often signing hundreds when they do not know of any of the details of the individual debts.
What Not To Do
Many of the lawsuits filed by LVNV Funding go uncontested. The debt holder, unsure of what to do, does nothing. If you are being sued by the company and you do not respond or show up in court, LVNV Funding will be awarded the full judgment amount they have requested. A judgment can result in garnished wages, frozen or garnished bank accounts, or a lien against your property. The judgment will likely be listed on your credit report as well, making it public knowledge.
What To Do If You Are Sued by LVNV Funding, LLC
Appearing in court shows good faith, but if you are confused and unsure of what to say, the judge will most likely still award LVNV Funding, LLC the full judgment amount requested. Knowing the laws and how they apply to your unique situation requires an experienced debt lawsuit attorney. LVNV Funding makes big money off of these uncontested lawsuits. Having a legal professional to advise you greatly increases your odds of having the lawsuit dismissed or settled before court.
Benefits of Retaining a Debt Defense Attorney
When you retain an attorney to help you with the lawsuit against you, the attorney can:
- Advise you of your rights.
- Help you with the preparation of your response.
- Request a dismissal of the case against you.
- Investigate your case.
- Take action if the debt collection agency is abusive towards you.
- Assert any defenses, such as the statute of limitations having expired on the debt.
- Negotiate a settlement if appropriate.
- Advise you of all of your options.
At Warren and Migliaccio, LLP in North Texas, our attorneys have the knowledge and experience to guide you in developing a legal strategy to handle your lawsuit head-on. Contact us today to schedule a free consultation of your case.
Do not let companies like LVNV Funding harass and bully you into paying without speaking to a lawyer first. A lawyer is your best way of protecting yourself and your interests.
LVNV Funding has attorneys working for them and so should you. Lawsuits and judgments do not go away on their own. Contact Warren and Migliaccio, LLP Attorneys At Law today to schedule your free consultation and start planning your legal strategy. You do not owe just because they say so.
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