LVNV Lawsuits – Have they sued you?
LVNV is a very large company that buys bad debt from credit card companies like Capital One, HSBC, Bank of America, Chase and others. Actually, LVNV isn’t a “buyer” but rather they are a subsidiary of a large buyer known as Sherman Acquisitions or Sherman Originator. Anyways, this group of companies buys large portfolios of delinquent
credit card accounts for under 3 pennies on the dollar. Yes, you read that right… they buy these accounts for next to nothing. They often pay more to file the lawsuit against you than they do to acquire your account. They then file dozens of lawsuits across all of Pennsylvania on a daily basis in hopes of collecting on old debt claims that have been charged off by the original creditor. (by the way, a Charge-Off is an accounting term, it DOES NOT mean that you do not owe the debt). These lawsuits can be filed at your local Magistrate (District Justice) or in the Court of Common Pleas.
Our approach to defending lawsuits filed by LVNV depends upon the Court in which the lawsuit is filed. If the lawsuit is filed at your local District Justice (magistrate) office, then we simply attend the hearing (without you) and defend our case by objecting to any documents that LVNV may produce. This generally works with great success, as long as your Judge is either understanding of credit card law, or, he/she is willing to understand credit card law.
If the lawsuit is instead filed in the Court of Common Pleas, then our defense is twofold. First, we defend the case based upon a lack of legal sufficiency. In general, when a party files a lawsuit in Pennsylvania in the Court of Common Pleas, there are several issues that need to be recited in the lawsuit. In other words, facts must be established that tend to prove that you had a credit account, that you defaulted on it and that LVNV has the right to sue you and collect on the alleged debt. These facts need to be established right away, at the onset of the lawsuit, or it will not move forward…IF you have hired a good consumer attorney.
In my experience, I have found that the lawsuits filed by LVNV are usually legally insufficient. That means that they cannot meet the above mentioned criteria. We object to these lawsuits on insufficiency grounds with great success. If our preliminary objections hold, then the lawsuit is over and you do not owe the debt. This is a very frequent result, though it certainly does not happen every time.
In the event that LVNV is able to cure the insufficiency objections, generally by producing more credit account documents, we then move on to defending the claim on its legal merits, i.e. whether you actually had the account, whether you actually defaulted on it, when the alleged default occurred, whether they can prove that they are the true current owner, et cetera. Keep in mind that LVNV has the burden to prove its case. You do not have the burden to defend. Between part one and part two of our defense strategy in defending LVNV lawsuits, our success rate is very high. If you hire our firm, it is very unlikely that you personally will see the inside of a courtroom. We handle everything, from start to finish, and you simply sit back and wait for the hopefully good result.
Our firm has a great deal of experience in defending credit card collection cases. If you have been sued in any
Pennsylvania county by LVNV or another collection agency, our firm can help you defend this claim at minimal cost, with a great chance at success. Contact our office here, call me at 412-823-8003 or visit our Pennsylvania Credit Card Legal Center here.