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We fight credit card debt collection by LVNV Funding LLC and their collection agency attorneys Mel S Harris & Associates.
In the case of Sells v. LVNV Funding, LLC, a consumer alleged LVNV Funding deceptive practices in violation of the Fair Debt Collection Practices Act.
LVNV Funding Harassment Lawyer Alleges Illegal Debt Collection
Sells’ FDCPA case pertained to an affidavit filed in an LVNV Funding debt collection lawsuit. The affidavit was sworn to by LVNV Funding’s witness, who testified that from “personal knowledge” she knew the consumer owed the debt to LVNV Funding.
However, LVNV Funding was not the original creditor on the account. LVNV Funding is a third party debt buyer that takes over old and uncollectable debts from credit card companies and other debt buyers.
Therefore, an employee of LVNV Funding would not have “personal knowledge” about the debt, since the debt was not incurred directly with LVNV Funding.
The FDCPA § 807 prohibits “misrepresentations” about a debt. By testifying that the LVNV Funding employee had “personal knowledge” of the debt, illegal debt collection practices may have been used.
The judge determined that the LVNV Funding account records employee was really trying to say that she had reviewed LVNV Funding’s account books and records, and that it was those records that showed the debt was owed to LVNV Funding.
Our LVNV Funding harassment lawyer carefully studies debt collection notices sent by collection agencies to determine the true meaning of the words, consistent with the judge’s Decision in the case of Sells’ v. LVNV Funding LLC.
Have you been the victim of illegal debt collection or wage garnishment? Contact our LVNV Funding harassment lawyer to protect your rights in Queens & Brooklyn New York City.