Sued by LVNV Funding in Washington?

My experience dealing with LVNV

LVNV are not likely to win any popularity contests any time soon. Their reputation stems from the fact that they are a debt buyer, they are aggressive, and they sue people. Plain and simple… or maybe not.

Personally, I have never had a problem dealing with their attorneys, who are actually cordial and respectful. But LVNV sues a lot of people, and I have had plenty of clients who have been sued by them. I knock those lawsuits down when I file a client’s case, though.

I asked Claude to summarize the patterns of complaints people have about LVNV, and Claude came up with:

Patterns

• They sue, and they don't fold. Four threads involve a lawsuit or attempted service. Members consistently say ignoring the summons is the worst option.
• Settlement usually means a consent judgment. A payment plan after suit tends to come with a judgment that springs on one missed payment.
• Validation gets thin answers. People who demand validation get a statement page or a printout, and members say that's often all the law requires.
• Accounts reappear and move. Posters describe debts coming back at full balance, re-aging, and passing between LVNV, Resurgent, and outside collectors.
• Pay-for-delete is inconsistent. Some say LVNV refused; others say it deleted after settling, including at 60% off on its own website.
• People don't know who they're dealing with. LVNV, Resurgent, Sherman and outside collectors confuse posters, and several couldn't find working contact details.

My view is that this very much echoes what my clients tell me about LVNV. Indeed, when they sue they do so in the county district court–it’s the cheapest way to sue someone for most consumer debts. For what it’s worth: Les Schwab, weirdly, will sue in county superior courts sometimes. That said, I have never seen LVNV violate the automatic stay or harass my clients after the case was filed.

How long do I have?

Generally 20 days from service if you were served in Washington. The response must be in writing and must go to LVNV's attorney. Phoning the law firm, or mailing a payment, is not an answer. For local procedures see my guides for Spokane County, Yakima County and Whatcom County.

Does LVNV have to prove anything?

Yes, if you make them. LVNV has to connect itself to your account through each sale along the way, and with debt that has been resold more than once, a link is sometimes missing. It also has to support the amount. Age matters too. Washington's deadline to sue on most written contracts is six years. An expired claim is a defense you have to raise yourself. The court will not raise it for you.

What if I ignore it?

LVNV gets a default judgment for the balance, plus costs and fees, without ever proving its case. Then comes collection: a garnishment of your paycheck or a freeze on your bank account. I explain how garnishments are stopped in a separate post.

Can bankruptcy stop it?

It can. The automatic stay halts the lawsuit and any garnishment the moment a case is filed, and old credit card debt held by a buyer like LVNV is ordinarily discharged in Chapter 7. More on that in seven debts Chapter 7 wipes out.

Next step

Call (509) 906-2221 or schedule a free consultation while there is still time left on the summons.