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Guides for Fighting Debt Lawsuits

Guides for people fighting debt collection lawsuits — written with attorney-reviewed legal information for the seventeen states Answered currently supports.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Wisconsin — What Do I Do?

If LVNV Funding just sued you in Wisconsin, you have 20 days to respond under Wis. Stat. § 799.05. Miss that deadline and the court enters a default judgment. This guide walks through who LVNV is, why they sue, and the specific Wisconsin defenses that win these cases.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Illinois — What Do I Do?

If LVNV Funding just sued you in Illinois, you have 30 days to file your Answer. Illinois has one of the strongest debt-buyer pleading rules in the country — Illinois Supreme Court Rule 280 — and 225 ILCS 425/8 is a complete defense if LVNV is unlicensed.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in New York — What Do I Do?

If LVNV Funding just sued you in New York, you have 20 days (personal service) or 30 days (other service) to respond. New York has the shortest statute of limitations in the country for credit card debt — 3 years under CPLR § 214 — and the Consumer Credit Fairness Act gives you a six-element pleading defense.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Florida — What Do I Do?

If LVNV Funding just sued you in Florida, you have 20 days to file your Answer under Fla. R. Civ. P. 1.140(a). Florida’s Consumer Collection Practices Act gives you a fee-shifted counterclaim, and Rule 1.130(a) requires LVNV to attach the underlying contract.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Ohio — What Do I Do?

If LVNV Funding just sued you in Ohio, you have 28 days to file your Answer under Ohio Civ.R. 12(A)(1). Ohio Civ.R. 10(D)(1) requires LVNV to attach the account to the complaint, and Ohio’s CSPA — under Taylor v. First Resolution — gives you treble damages and mandatory fees.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Texas — What Do I Do?

If LVNV Funding just sued you in Texas, you have only 14 days to file your Answer — the shortest deadline in our network. But Texas also has the strongest no-revival rule in the country: under Tex. Fin. Code § 392.307(d), once the 4-year SOL has run, no payment, partial payment, or other activity restarts it.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Minnesota — What Do I Do?

If LVNV Funding just sued you in Minnesota, you have 20 days. Minnesota has the strongest no-revival rule in the country under Minn. Stat. § 541.053 — once the 6-year SOL expires, nothing can restart it. Rule 5.04(a) is another trap: cases not filed within a year of service are automatically dismissed.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Pennsylvania — What Do I Do?

If LVNV Funding just sued you in Pennsylvania, you have 20 days under Pa.R.C.P. 1026(a). Pennsylvania’s borrowing statute can shorten the SOL to 3 years on Delaware-issued cards — Discover, Barclays, Comenity, TD Bank, PNC. And under Pa.R.C.P. 1029(b), a general denial is treated as an admission, so paragraph-by-paragraph responses are required.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Michigan — What Do I Do?

If LVNV Funding just sued you in Michigan, you have 21 days under MCR 2.108(A)(1). Michigan’s MCL 600.2145 affidavit-counter-affidavit rule is a procedural trap that runs both ways, MCL 600.8407(1) bars debt buyers from Small Claims, and Brownbark II makes generic block assignments insufficient.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Georgia — What Do I Do?

If LVNV Funding just sued you in Georgia, you have 30 days to file your Answer — and a 15-day grace period under O.C.G.A. § 9-11-55(a) to open a default as a matter of right. Georgia has the strongest published debt-buyer chain-of-title case law in the country: Nyankojo and Wirth.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Kentucky — What Do I Do?

If LVNV Funding just sued you in Kentucky, you have 20 days. Kentucky’s borrowing statute (KRS 413.320) imports Delaware’s 3-year SOL when your card was issued by Discover, Barclays, Comenity, TD Bank, or PNC — often making the debt time-barred two years earlier than expected.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Indiana — What Do I Do?

If LVNV Funding just sued you in Indiana, you have 23 days. Indiana has one of the most detailed debt-buyer pleading statutes in the country — IC 24-5-15.5 — which requires LVNV to attach the original signed agreement, every prior owner with transfer dates, and a bill of sale.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Virginia — What Do I Do?

If LVNV Funding just sued you in Virginia, the rules are different from every other state. Virginia uses a Warrant in Debt system — there is no written Answer deadline. You must appear in General District Court on the return date. Va. Code § 8.01-380(D) lets you block LVNV from voluntarily dismissing once you file a counterclaim.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Missouri — What Do I Do?

If LVNV Funding just sued you in Missouri, you have 30 days for circuit court cases. Missouri Supreme Court Rule 55.22 — effective July 1, 2021 — requires LVNV to attach both the assignment(s) and the underlying contract to the complaint. The MMPA gives you a fee-shifted counterclaim under Jackson v. Barton.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in California — What Do I Do?

If LVNV Funding just sued you in California, you have 30 days from personal service or 40 days from substituted service. California’s Fair Debt Buying Practices Act (Civil Code §§ 1788.50–1788.64) requires LVNV to attach the contract and prove the chain of ownership — and the SOL clock under CCP § 337 starts at first missed payment, not charge-off.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in New Jersey — What Do I Do?

If LVNV Funding just sued you in New Jersey, you have 35 days under R. 6:3-1. New Jersey has unique protections: R. 6:3-2(c) requires a five-element disclosure, R. 6:6-3(a) requires a sworn affidavit before any default judgment, and the Atalese standard governs arbitration enforceability.

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Debt Buyer Lawsuits

LVNV Funding Is Suing Me in Arizona — What Do I Do?

If LVNV Funding just sued you in Arizona, you have 20 days from in-state service or 30 days from out-of-state service. Under Mertola v. Santos, the 6-year SOL clock starts at the first missed payment — not charge-off — making many LVNV cases time-barred earlier than expected.

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