Did you receive a summons in the mail from LVNV Funding? If so, then you are now the defendant in a civil lawsuit for money that you allegedly owe to a creditor.
LVNV Funding, LLC is a debt collections firm that buys old credit debt from credit card companies or banks. It purchases the debt for very little money and then files suit against debtors to collect the money.
If LVNV Funding is suing you for a past debt, there is no need to panic. With the help of an experienced collections defense attorney, there is a good chance that your matter will get resolved in your favor.
How Do I Defend a Lawsuit From LVNV Funding?
First, you hire a skilled collections defense attorney. In the first consultation, we will gather all of the background information regarding the debt. Maybe it was an old credit card or a personal loan. Perhaps the debt is not even yours but belongs to someone with the same name. Believe it or not, this happens very often and the remedy is sometimes as simple as a motion to dismiss.
What If The Debt Is Mine? Do I Still Have A Defense Against LVNV Funding’s Lawsuit?
Yes. When creditor is suing for a debt, it must prove certain facts.
First, it must prove that it owns the debt. This is proven by providing the chain of custody from the original creditor to the present creditor. The chain of custody will include bills of sale, bills of transfer, the original contract, etc. If the creditor cannot provide these items, then it cannot prove that it is the legal owner of the debt. If the creditor does not own the debt, then it does not have standing to sue.
Furthermore, the creditor must prove that you own the debt. Many times, this entails obtaining the original signed contract between the original creditor and debtor, having statements showing that the debtor did indeed accumulate the debt and sometimes having correspondences from the debtor admitting to the debt. The burden is on the creditor to prove these facts.
Call Kelly & Associates Today
If you are being sued by LVNV Funding or another collections company, call the attorneys at Kelly & Associates today. You have the potential of having your debt reduced by thousands or even dismissed entirely.
Call (617) 807-0840 to speak with one of our skilled debt collections defense attorneys today.