LVNV Funding LLC v. Alvardo
Civil Court of the City of New York, County of Queens
Attorneys for LVNV Funding LLC: Forster & Garbus LLP (LVNV Funding LLC is also frequently represented in court by the law firm Mel S. Harris & Associates LLC)
LVNV Funding LLC was attempting to collection a debt from a consumer and sued in court for a money judgment.
LVNV Funding LLC is a debt buyer company, which buys old, defaulted, charged-off credit card debt from original creditors. LVNV Funding LLC has purchased a lot of old credit card debt from Sears and Household Finance / HSBC Bank.
Because LVNV Funding LLC is a debt buyer and not the original creditor, LVNV Funding LLC may not have all the legal documents it needs to prove its debt collection case in court.
If a debt buyer is unable to prove its collection case against you, it may have to pay you a statutory penalty up to $1,000 plus pay your legal fees.
In this case, instead of proving its collection claim, the debt collection lawyers for LVNV Funding LLC, Forster & Garbus LLP, served the debtor with a litigation demand called a Notice to Admit. If written properly, this legal demand requires the defendant to admit certain facts if true.
The judge in this case determined the Notice to Admit served by LVNV Funding LLC and Forster & Garbus LLP upon the debt collection defendant was improper, and the debtor is not required to admit wither he “requested a credit card”, “maintained a credit card”, “received monthly statements” or “owes a specific amount”.
LVNV Funding LLC has to prove its case, it cannot force the defendant to admit owing the debt.
If LVNV Funding LLC or other debt buyer plaintiffs are unable to prove the debt, they can be held in violation of the fair debt collection laws for a form of debt collection harassment. The Fair Debt Collection Practice Act requires the debt collector at fault to pay the consumer a statutory penalty of up to $1,000 plus legal fees.
If you have been sued in court by LVNV Funding LLC or other consumer credit debt collectors such as Midland Funding LLC, Asset Acceptance LLC, Portfolio Recovery Associates LLC, or CACH LLC, don’t be intimidated by litigation documents sent to you. The documents may be improper and you could win the case by defending yourself in court. However, you must respond in a timely manner in order to save your defense.
Call our debt defense lawyers for a free case review.