A lot of consumers are finding LVNV Funding on their credit reports, and the company may even contact you about debt. It’s an unnerving experience, but we’re going to discuss why LVNV is on your report and how to deal with them properly.
What is LVNV Funding LLC?
LVNV Funding is a debt collection agency, or a junk debt buyer.
The company purchases your debt from someone else, and they will try and collect on the debt. For example, if you have $1,000 of unpaid credit card debt, LVNV Funding may purchase this debt from the original lender for $300.
The company will then pursue you for the total amount of the debt.
LVNV Funding is allowed to legally pursue you for old debt. The company will often purchase an entire portfolio of debt, and the only information that they need to come after you for any outstanding debt is your:
Address (or last known)
When the agency purchases your debt, they may not have the most updated information on your payment history. The company may not even have information pertaining to the date when the debt was taken out.
The company will not pursue collections on their own.
Instead, Resurgent Collections, also known as Resurgent Capital Services, is often contracted to collect on the debt. Both companies are owned by the same parent company called Sherman Financial Group LLC.
LVNV Funding legally owns the debt that a consumer owes, but the company may not have the most recent payment history or dates pertaining to the debt. The debt may be older than 7 years, and in this case, it’s unlikely that even you know the start date of the debt.
As the owner of the debt, the company has a legal right to file a lawsuit against you.
This is where is gets complicated.
LVNV Funding may not have all of your information, and they may send the court summons to the wrong address. When you do not show up in court or reply to the summons, a judgment against you will occur. The judgment will garnish your wages, and this may be the first time that you’ve learned about the delinquent payments or debt.
If you’re actively checking your credit report, chances are that you’re aware of the company purchasing your debt because it will come up on the report.
But when a company starts garnishing wages against debt holders, complaints start to pile up.
How to Deal with LVNV Funding
LVNV Funding wants to be paid, and their tactic often includes suing someone to collect on their debt. You may be able to fight a judgment against you and win, but a lot of people don’t take legal action.
The company has a duty to conduct proper due diligence (i.e. finding your current address).
But when debt portfolios are purchased, it becomes a numbers game for the company. The company will be unable to conduct mass due diligence, so they will sue with the hopes that your wages are garnished and they start to receive a return on their debt purchase.
Dealing with the company is difficult.
There are a few facts that may be in your favor as the debt holder:
The company refuses to validate debt
Old debts may be outside of the statute of limitations
When the company starts receiving backlash, such as demanding that they validate debt, they often stop pursuing the debt.
Dealing with the company means working with their collection agency, and the tactics that they use to pursue the debt include suing in hopes of an automatic judgment against you.
The first course of action for you to fight back is:
Answer all letters from the company through a certified letter to create a paper trail
Request that the debt be validated (30 days from the receipt of their letter)
When you send in a request for debt validation, collection efforts must stop for 30 days. The company must validate the debt. If the debt is not validated, you can ask for the deletion of the debt from your account due to failing to produce validation of the debt.
If you’ve received a court summons, do not ignore it.
You’ll need to do the following:
Request debt validation
Contact the Better Business Bureau to help validate the debt
Contact the original credit for validation
LVNV Funding must abide by FDCPA laws, which means that they cannot:
Sue you for debt that has been paid in full
Sue you for debt that is outside of the statute of limitations
When you’re dealing with the company, you should never admit to the debt on the phone. Even paying a dollar can be seen as acknowledging the debt. Always ask for debt validation, and follow up with any complaints that you have against the company.
If your credit report has LVNV Funding listed, take immediate action. You can hire a credit repair company or even work with the Better Busines Bureau when dealing with debt collectors.
You can contact the company to send them debt validation letters or complaints using the LVNV Funding LLC address below.
If you receive a letter from the company, use the address they provide.