Menu
LVNV Funding, LLC is a debt collector working in concert with Resurgent Capital Services and buys old debt from banks and credit card companies like CitiBank. LVNV sues Michigan consumers through the law firm, Mary Jane M. Elliott, P.C. and will also use the Northland Group to collect the debts. You will also see the collection firm, Stenger & Stenger, P.C. on some of the LVNV cases. Their lawsuits are usually filed without the proper assignment or title paperwork to prove their case. Most courts will let this slide if you don’t bring it up. I use this absence of proof to settle or eliminate my client’s debts and lawsuits in Michigan Circuit and District Courts. Mary Jane Elliott and LVNV Funding are easy to work with and their attorney, Brian Truba is very reasonable and pragmatic. He is probably the best attorney they have on the Mary Jane Elliott staff. When you sue LVNV, you are likely to see the Chicago law firm, Pilgrim Christakis, LLP. They also represent Cavalry SPV I, LLC in Federal cases.
The main attorneys on debt collection lawsuits for LVNV Funding are Brian Truba and Dan Manion. These attorneys specialize in suing consumers with debt collection lawsuits. Brian Truba does most of the work though. Look for their names on the Summons in your paperwork to confirm the Mary Jane M. Elliott law firm is suing you for LVNV. I deal with Mary Jane M. Elliott and Brian Truba and they know I will sue their firm if they break the law.
When you get sued by LVNV in State court, an answer and counter claim against them is the best approach to eliminating or settling your debt when the facts are there. Usually, LVNV or Resurgent Capital Services have very little proof of ownership of the specific debt they are suing upon-just general Bill of Sale paper or Affidavits that don’t apply to you. Get your paperwork to us within 21 days of being served and we will provide you a free analysis to help you win.
The basic pleading or lawsuit you will receive with be the same throughout the State of Michigan have really have no basis of fact proving you owe the debt to LVNV or Resurgent Capital Services. There is no proof of Assignment of your specific debt in their Exhibits. In fact, any title or assignment proof fails to show you owe the debt or that they have a right to sue you. Look at the assignments and bill of sale attached to your complaint. It will not have a direct and specific assignment of your debt being sold from the original creditor to LVNV or Resurgent. Recently, the 6th Circuit Court of Appeals ruled against Northland Group and its client, LVNV Funding in holding that when a consumer is sent a collection letter on debt that is past the Statute of Limitation, the consumer must be informed that they can’t be sued on the debt. Here is the Court’s Opinion against Northland and LVNV Funding in full: https://www.opn.ca6.uscourts.gov/opinions.pdf/15a0006p-06.pdf
When you hire us, first we will file a Response or an “Answer” to the LVNV lawsuit to avoid a default being filed against you. If they get a default against you, they can levy or garnish your bank accounts and paycheck. You want to avoid this at all costs. Otherwise, you lose your case no matter what proof they attached as lawsuit exhibits.
Second, we file a Counter Claim showing the Court that LVNV did not file or attach the proper paperwork to the lawsuit. The real paperwork is long gone from being bought and sold by different entities and debt buyers. Your counter claim shows the Court that LVNV or Resurgent have no standing to sue you and therefore they broke the law. You are then entitled to money damages and attorney fees and costs. This will settle lawsuits quickly and will often eliminate the debt against you in any resolution of the case.
| ||||||||||||||||||||||||||||||||||||
|
|
| |||||||||||||||||||||||||||||||||||
|
|
| |||||||||||||||||||||||||||||||||||
It is simple with the right attorney. If you need help with a LVNV lawsuit, then contact me at 248-342-9583 or through our free evaluation form. As a debt lawsuit defense attorney, I also offer a free legal consultation when you are sued by LVNV or their collection attorneys. As I stated above, the best way to deal with them is to come in strong with a good defense and counter claim on their lawsuit. As our five-star clients will tell you, the savings we offer far outweigh our small legal fees and you might get money back from them in a Federal lawsuit. We do it all. Please fill out our Free Case Evaluation today.
© 2021 Brian P. Parker PC
Alerts
View Our Disclaimer | Privacy Policy
Law Firm Website Design by The Modern Firm
