9 Steps to Take if LVNV Funding, LLC is Suing You

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Receiving notice that you are being sued is always alarming. It is natural to not know what to do, or what steps to take. A debt defense lawyer in Fort Lauderdale can help you through the proper steps and give you the best chance of success with your case. In the meantime, you can prepare yourself by gaining a general understanding of what to do next, and the appropriate steps to take, which are outlined below.

Know Who You are Dealing With

LVNV Funding, LLC is a third party debt collection company. They are based in Nevada, but they file lawsuits against people all over the country, including many right here in Fort Lauderdale. As of 2021, the company had 901 complaints against them in the last three years alone. LVNV Funding, LLC, often outsources the accounts of many borrowers to a company known as Resurgent Capital Services. Resurgent Capital Services has been given an A+ rating by the Better Business Bureau, despite the fact that the company has 4,978 complaints in the last three years, as of 2021.

Like other third party debt collection companies, LVNV Funding, LLC purchases debt from creditors such as hospitals, credit card companies, retail outlets, and more. As such, if you have been sued by them, or by Resurgent Capital Services, it is likely over debt you borrowed from someone else.

Get Ready to Take Action

LVNV Funding, LLC is hoping that you will receive notice of the lawsuit and simply ignore it. The company is known for preying on borrowers that are overwhelmed, struggling financially, and that cannot handle the paperwork and conflict that a lawsuit brings.

When they file a lawsuit against you, they are hoping that you will ignore it and not contest it or prepare a defense. They win many of their lawsuits this way, and it is the easiest way from them to recover the debt you allegedly owe. If you do not respond to the lawsuit, the company will obtain a default judgment against you. Once they have this, they can then take further action against you, such as garnishing your wages, without even notifying you first.

It is critical that you prepare yourself to take action if you have received notice of a lawsuit. You may not know that there are many defenses available, but there are and a Fort Lauderdale debt defense lawyer can explain what those are.

Read All Legal Paperwork Thoroughly

The paperwork you receive that notified you of the lawsuit will be full of complicated legal jargon. Still, it is important to read through the complete package completely and when doing so, it is important to focus on three components. Those are the time, dollars, and dates included in the package. Many times, understanding the wording of these documents is difficult, so it is important to speak to a debt defense lawyer that can help you make sense of it all.

Respond to the Lawsuit

In Florida, you have only 20 days to respond to the lawsuit. For this reason, it is crucial that you respond to the lawsuit as soon as possible. If you do not respond at all, LVNV Funding, LLC can obtain a default judgment against you. Likewise, if you rush to file your response at the last minute, you could make mistakes that could hurt you in the future.

When writing your response, remember that an inability to pay is not a defense. If the company can prove that you owe the debt, and that they own the account, they can still obtain a judgment against you. It is usually best to work with a Fort Lauderdale debt defense lawyer that can help you prepare a credible answer that shows you are taking the lawsuit seriously. A lawyer will be able to help you at a much lower cost, and can help you obtain an extended payment plan, if applicable.

Follow Up with Requests for Documentation and Information in a Timely Manner

You may have to provide additional responses after filing your answer to the initial lawsuit. Throughout the lawsuit process, the other side may ask you for certain information and documents. This generally happens during the discovery phase. If you do not respond to these requests appropriately, the judge may not look kindly on you and it could hurt your case.

Ask for Information

While LVNV Funding, LLC has the right to ask you for certain information, you also have the legal right to ask them for information. Ask for documentation that proves you owe the amount the company is asking for, and that justifies any penalties or fees they have added to the original debt. Demanding this information can provide the information you need for your defense.

Do Not Continue Making Payments

If the statute of limitations, or time limit, has expired on the debt, you can use that as a defense in your case. However, any time you make a payment, it can restart the clock on the statute of limitations. Making payments will not make the case go away, and could hurt you more than it could help.

Negotiate a Settlement

If you do owe the debt to LVNV Funding, LLC, they may be willing to negotiate a smaller amount in order to close the case. Work with a lawyer that can negotiate on your behalf and put any negotiated settlement into writing so there are no disputes in the future.

Contact a Debt Defense Lawyer in Fort Lauderdale

If you are being sued by LVNV Funding, LLC, it is critical that you speak to a Fort Lauderdale debt defense lawyer as soon as possible. At Loan Lawyers, we can help you take the above steps and represent you in court, if that is where your case is headed. We will prepare the best defense for your case and give you the best chance of a successful outcome. Call us now at (954) 523-4357 or contact us online to request a free consultation so we can get started on your case.