LVNV Funding questions

hi guest--

more info would be helpful here. You said they got a default judgment, may i ask what happened? if you were not served a summons, for example, then getting the judgment vacated could be easier than fighting it because they are not licensed.

Based on what you are saying, if the lawsuit was filed during the time when they did have that license, then your contention is out the window anyways. So, thats why i asked for more info. You may also have other avenues--if the debt is outside the statute of limitations and they didnt serve you a summons, for example, then this can usually be handled quickly enough.

Get back to us with some more details, and we will do our best to point you in the right direction.

Sue them for not having a license. Vacate the judgement!

um, yeah....i am thinking that a little reading would have helped you out there, suesue.....

No they never had a license to collect debt in my state. They where only registered with the corporations division and now they are not. On top of registering as a corporation they need to be bonded and licensed.

The debt is within the SOL, I failed to answer the interrogatories correctly but I did finally do it. I tried to get the judgment vacated, I told the judge I answered the interrogatories but couldn't right away because I was in the hospital, which was true. The attorney for LVNV Funding said I never mailed them in, I even called to make sure they had everything they needed and they said yes. I tried to show the judge the green card proving I mailed the information and he said he didn't believe me.

I also told the judge that LVNV Funding didn't have a debt collection license in my state, He pretty much laughed and said, I DON'T CARE!!!!!. He then asked me if the debt was mine I said no and he said "remember, you are under oath" He asked me again and I said no and that is when he said he didn't believe me. I told him again that LVNV funding needs to be licensed to collect debt in this state and again he said he didn't care and then that is when he denied to remove the judgment.

I would rather go bankrupt than pay LVNV funding and it's attorney a dime for how they lied to the judge and broke the law, it was really pathetic.

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honestly, you may consider filing in MA Appeals court. This may be a good case for appeal because the judge in effect ignored a current MA state law by refusing to consider that LVNV is not legally entitled to conduct debt collection business in your state, and this lawsuit is precisely that--collection activity. The standard used in MA Appeals court is this--if the judge had properly considered the evidence or information you provided about them not being licensed, would the outcome still have been the same? I cannot think that it would be, since not being licensed should bar that company from ANY collection activity within the state.

Let me also ask you this--you said that the judge didnt believe this is not your debt. What did LVNV provide in court as proof that it is yours? did you contest it in your answer? Give us some more info--there might be other things that the judge messed up on....

If this person didn't show up in court, they probably didn't produce anything. LVNV has been widely known for years as nothing but an organization of crooks. Being registered as a "foreign corporation" simply means that they were incorporated in another state. As to the statement about Texas, yes, under Texas Financial Code you can sue, up to the amount of the surety bond ($10,000), if it hasn't been posted with the Secretary of State.

They never let me get proof that it was mine. I even asked the attorney for LVNV Funding when I appealed it for proof and he said he would be more than happy to provide proof to me. I sent them a dv letter with the limited C&D and they said by putting that in there, they didn't have to respond.


I am dealing with the same thing right now with a different company and this time I know the laws, thanks to this site and people like you skydivr, Paul Mergel and JCEMT and others. Funny thing is that I stated in my answer that they are not licensed to collect in this state and where told to shut down on 09/2006 or get licensed. Well they never got licensed but continue to collect debt. The attorney for them, which is pretty much a pseudo law firm, or rent a lawyer said I had no defense and I was only delaying the case. I served them with interrogatories and production of documents and they still have failed to respond to me, the 30 days is getting close,lol.


Seriously, right now I don't care. I am fed up with it, I will do the same thing in 2 months when I go to the payment hearing as I did the last time. When they ask how much I can pay, I will tell them nothing. I get more from disability than most people make in a week and guess what, they can't touch it. So if they want to break the law, I will waste their time and money and they won't see a dime from me. Also I plan on doing bankruptcy after the new year so it will be that much more fun.