Specific Auto Problems

Defending LVNV Debt Claims

Posted by Howard Gutman | Mar 16, 2024 | 0 Comments

You may have been sued by LVNV.  They are a debt-buyer.  How do you defend against claims.  

Check for regulatory violations  

As a debt buyers their claims are no better that the original creditor's. Check published materials about problems with creditors.  For example, LVNV may purchase Citibank Credit claims.  "As described in the consent order, the Bureau concluded that Citibank violated the Truth in Lending Act by failing to reevaluate and reduce the annual percentage rates (APRs) for approximately 1.75 million consumer credit card accounts consistent with regulatory requirements, and by failing to have reasonable written policies and procedures to conduct the APR reevaluations consistent with regulation." 

Challenge the assignment As a debt buyer, LVNV relies upon the assignment of claim which theoretically should live the particular claim assigned.  Many assignments provided in court do not identify specific claims and there's no way of proving that the claim is included. Usually the debt buyer like LVNV will exclude part of the assignment such as much was paid.    “According to the doctrine of completeness, a party may place into evidence the remainder of a statement or document which the opposing party has introduced."  Norton v. State, 772 N.E.2d 1028, 1033 (Ind. Ct. App. 2002)

Negotiate and Document hardship

There are many legitimate claims of hardship arising from loss of job, illness, or other unforeseen circumstances. Forward materials concerning illness. Do be careful about sending information about specific accounts, because the company could later use that to collect on the debt.

Request arbitration

To avoid class actions, most credit card agreement provide for arbitration with the cost paid primarily by the credit card company. Arbitration and with it mediation may be more flexible, and allow a reasonable resolution at less than the stated claim.

Call for a Free Consultation on Your LVNV credit defense claim.  

About the Author

Howard Gutman

Hiring an attorney can be a stressful and confusing situation.  You want an expert, honest, personal approach to your case.  The Law Office of Howard Gutman has been fighting for consumer rights and representing commercial interests for over 20 years.  We have a deep knowledge of fraud, consumer,...


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