A few years ago I was sued by LVNV Funding, a company that buys outdated consumer debts. In the middle of the lawsuit they admitted that they did not have the contract because they weren’t the original creditor. Without a contract you have no lawsuit. This junk debt buyer typically buys the outdated debt and then forwards it to its debt collection and management arm, Resurgent Capital Services LP.

During the Discovery phase of this debt lawsuit I did some research on how to deal with LVNV. At the time I wasn’t aware that I could file a Motion to Dismiss in lieu of an answer for failure to attach the contract and assignment. It was baffling to me how this junk debt buyer could sue me without a contract nor an assignment. I needed to convey this to the judge but wasn’t sure exactly how to. Without a contract or an assignment attached the pleadings were worthless. The Motion for Judgment on the Pleadings in this case turned into a Motion to Dismiss.

I filed a Motion on the Pleadings, but unfortunately I was denied. I was denied because I did not plead my case properly. Days after receiving being denied, I received LVNV’s response to the motion I filed that was just denied. They were not aware that my motion was denied, and they responded. I was able to use this to my advantage because I obviously received the denial before they did.

To view the response that LVNV sent me click here. OR Check out the response that LVNV sent me.

LVNV Funding basically admitted that they are not the original creditor and do not have the contract in their possession. With no contract or any grounds for suing me they really have no legitimate lawsuit. At this point I filed a Motion to Reconsider my Motion on the Pleadings. By filing a Motion to Reconsider my Motion on the Pleadings I was asking the judge to reconsider his previous decision in regards to my Motion on the Pleadings. I notified the court that in my new motion I had evidence proving that LVNV did not have a contract to sue me under.

Here is what I got back from the court.

After that the Court called a Hearing to Reconsider. My case was dismissed!

Once you have filed your answer hit them with the Discovery first. I received LVNV Fundings’ Discovery from their attorney within seven days after filing my answer. They actually beat me to the punch and sent theirs out before I did. It is important to have the creditor or opposing party’s Discovery back to you first because you are asking for more important factors of the case, especially documents.

Additional Reading

• Capital One Lawsuit
• Civil Summons Credit Card Debt

Tags: LVNV Funding Lawsuit, LVNV Funding LLC