By: Robert J. Nahoum
Our client recently discovered a default judgment entered against her in 1997 when her employer notified her that her wages were going to be garnisheed. Sears had sued her in the Supreme Court in Rockland County for an old credit card account. Years later, the judgment was purportedly sold by Sears to Junk debt buyer LVNV Funding.
After consulting with our firm, we were retained and were successful in having the default judgment voluntarily vacated and the entire case dismissed. We were able to show LVNV and its collection lawyers Eltman Law PC that our client was not properly served copies of the summons and complaint, a practice commonly referred to as sewer service.
Not only that, we discovered that the assignment of judgment from Sears to LVNV was not done properly and amounted to a violation of federal debt collection laws called the Fair Debt Collection Practices Act.
We sued Eltman Law and well as LVNV for its FDCPA violations recovering a confidential settlement for our client including our attorneys’ fees. This meant that our client had no out of pocket legal fees for our representation.
WHO IS LVNV FUNDING, LLC?:
LVNV Funding, LLC is an infamous “debt buyer”, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
LVNV Funding, LLC is a subsidiary of Square Two Financial located at:
625 Pilot Road
Las Vegas, NV 89119.
LVNV Funding, LLC is a notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.
THE PROBLEM WITH LVNV FUNDING, LLC:
To LVNV Funding, LLC, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for LVNV Funding, LLC, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, LVNV Funding, LLC always has the burden to prove that the consumer is responsible for the debt. To meet this burden, LVNV Funding, LLC must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued. It is never the burden of the consumer to prove that he or she does not owe the debt.
To meet its burden, the proof submitted by the LVNV Funding, LLC must be based on “personal knowledge”. Personal knowledge means that the person offering the evidence on behalf of LVNV Funding, LLC must be a witness to the event shown in a particular document. For example, if credit card bills are offered into evidence on behalf of LVNV Funding, LLC, the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have such personal knowledge, the evidence is “hearsay” and it cannot be used.
Remember, to LVNV Funding, LLC, you are just an entry on a spreadsheet. For this reason, LVNV Funding, LLC routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by LVNV Funding, LLC in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like LVNV Funding, LLC in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like LVNV Funding, LLC to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like LVNV Funding, LLC violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
If you need help settling or defending a debt collection lawsuit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.
The Law Offices of Robert J. Nahoum, P.C