Handling LVNV Debt Claims

  1. Check for regulatory violations
    LVNV is a debt buyer. Their claims are no better that the underlying claims. Check published materials about problems with the creditor. Companies like Citibank, have been found to have violated Truth in Lending regulations or other statutes. Go on the Consumer Financial Check for violations.
  2. 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)
  3. Check for regulatory violations Companies like Citibank, have been found to have violated Truth in Lending regulations or other statutes. Check for violations.
  4. 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.
  5. 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.
  6. File needed papers or confirm extensions
    Companies like defaults, so file an answer or seek arbitration. 

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