Settling Old Debt with Northland Group and LVNV Funding

my finiancial troubles started in '06 at which point i could no longer pay my debts, including a personal loan and a couple cards. I won't bore you with details but I still haven't made any headway towards paying off this debt. no payments have been made and no contact has been made between myself and these creditors. at this point I have over 30, 000 in debt, most of which is student loans. As i understand it, the statute of limitations on my credit cards and prsonal loan has come and gone, so I don't have to worry about being sued. I think much of this debt should come off my credit report in the next year or two if I just sit tight. Please correct me if any of my assumptions are incorrect. recently I recieved a letter from northland group inc. informing me that I owe lvnv funding llc 1, 015.00, ( citibank being the original creditor ). the letter goes on to say that if I were to pay them 152.28 they would senf me a letter confirming that the debt has been resolved

I was wondering if it would be in my best interest to take this offer at this point.

—rande

Northland Group regularly collects debt on behalf of LVNV. Both companies are part of the Resurgent Capital Services brand of purchased debt portfolio management and are interconnected.

 

Resolving debts with a collection agency like Northland Group or LVNV Funding

I am responding to your question about settling with LVNV Funding, through their collection agency Northland Group, while considering others will be reading this page later. As a result, some of what I am sharing will be general information that is mixed in with feedback specific to your offer to settle from Northland Group.

 

Citibank (and most other credit card issuers) regularly sell off debts that go unpaid more than 6 months. Your Citibank credit card sounds like it has gone unpaid for 5 or more years. If you are only now hearing from Northland Group with an offer to settle the Citibank account (on behalf of its owner LVNV Funding), I really doubt that LVNV bought the debt from Citibank. It is more likely that your Citibank credit card was sold to a different debt buyer originally, and maybe even exchanged hands several times, before landing with LVNV Funding. This is not uncommon. It also means, if my assumption is accurate, that LVNV will have paid bargain basement pricing to purchase the right and ownership of your Citibank account.

 

Settling a collection debt with Northland Group (LVNV Funding) at this stage can make sense, but it can also depend on your personal credit goals. Here are some questions I have:

  • What are your future credit product needs for the next 1 to 2 years while you are waiting for the Citibank charge off entry on your credit report to age off?
  • Is LVNV reporting this collection account on your credit report too?

If you do have immediate or near future credit goals, and with as much debt you mentioned having that has not been paid for years, settling with Northland Group, even if LVNV is reporting a collection item on your credit report, will have little to no value to your credit report. However, if you take a more broad approach to the outstanding debts, like settling other revolving consumer debts (credit cards and personal loans) with other collection agencies and debt buyers, than settling the old Citibank credit card with Northland Group would make sense.

 

If you do have other credit goals, and are interested in what it would take to start to improve your credit report, and get your debt to income ratio on your credit report in line with what lenders look for, post your other debts, balances owed, and who is collecting on them, in the comment section below (this goes for anyone reading this page too). I will give some targeted feedback to help you.

 

What is a normal settlement offer from a collection agency like Northland Group?

The settlement letter to resolve the debt that LVNV now owns at the discount you have been offered, is not normal. I am pointing this out for later readers. The amounts you shared mean Northland Group is offering to settle with you for about 15% of what they say is now owed to LVNV. That likely has more to do with them recognizing the debt is past the statute of limitations in your state to legitimately sue you in order to collect. This also means you could just tell them to pound sand (figuratively).

A typical target for settling a collection account with a debt buyer like LVNV, or with a collection agency like Northland Group, is going to be multiples of that percentage when there is still room to sue and get you to pay.

Is it a great settlement offer? You bet it is. Should you take them up on it? Maybe not.

 

Settling with one collection agency can wake up other debt collectors.

With someone in your situation who has many debts outstanding, and in the hands of debt collectors, settling one account may breathe new life in to the collection efforts on your other old debts. This is not always the case, and certainly less so if your other collection accounts are past the SOL to sue, but this is a legitimate concern. If a collection agency like Northland Group, or a debt buyer like LVNV Funding, is showing up on your credit report now, and you settle with them, and that settlement is updated and reflected on your credit report, other collection agencies paying attention may come out of the wood work. For you, that could lead to receiving more debt collector phone calls, and receiving debt collection letters, where all of that had mostly died down to this point. For someone who is not past the SOL with some of their collection debts, it can mean breathing life into debts that reach the point of aggressive collection actions, where that may have not been the case otherwise. If you’re going to potentially call attention to yourself by settling one debt, it is best to have a plan in place to resolve other debts that are not yet past the SOL to sue you.

 

Based on the little information I have to go on, if I were in your shoes, unless I had some specific credit goals I wanted or needed to accomplish in the next 2 years, I would not take Northland Group up on the offer. If I did have some goals in mind, like qualifying for a mortgage, I would first want to have a strategy for all other debts in place, and not just settle the LVNV account because it is a great offer.

For readers who are not past the SOL to be sued for collection, settling with Northland Group, LVNV Funding, or any collection accounts for that matter – when set beside credit goals like qualifying for a home loan, refinancing a mortgage, accessing new student loans – settling these types of collection debts for less, and getting a zero balance owed reflected on your credit report – makes a ton of sense.

You shared that much of the 30k in total debt outstanding is from student loans. Part of any strategy would be to look at bringing the student loans out of default if they are government backed student debt. Those are not going to go away regardless of whether they are on the credit report or not. Ignoring them for now if you cannot get them out of default can make sense from a pure monthly budget, and being light on cash flow perspective, but long term avoidance on government backed student loans is not a good idea. You could end up having tax refunds held back and other surprises later on.

 

If you can answer my question in the comment section below, I can offer additional feedback. Anyone reading this page can post questions and specific details dealing with Northland Group or LVNV Funding.

Share Button
» «

Comments

  1. since Midlands suit is over and LVNV has 2 turned over to Alabama attys that have just sent me a simple letter stating the near 6 yr old balance–I was wondering this; the initial Dec 2012 letter was saying $2860.00, so I disputed with credit bureau and atty. No response back in reply to that or my debt validations request(first time hearing from these folks and attys). OK in Jan 2013 I sent the 2nd debt validations requests and got another letter bumping the $2860 up to like $3400.00; now I have the 3rd dispute in February 2013 also with the credit bureaus and the amt was upped again to right at $6,000.00–anything over $3000 cannot be sued in small claims court-so what do u think the big jumps are for and on disability I sure cannot affors that. ALl I can afford max to offer is$600.00 Plus the SOL is 3 yrs in ALabma but 6 yrs SOL for unliquidated accts…they always try the 6 yr (which is up this Fall 2013) but how do I prove it is a 3 yr credit card SOL-then all is ok if I can. Besides this LVNV ONE more is out there froma credtir they do not even list in the coll letter from Bham atty–but the amy is near $800.00 and NOTHING LVNV says matches the EXPERIAN rept anyway-the amts differ and the dates…

    • Michael Bovee says:

      R – You have sent disputes and validation requests to the attorneys collecting for LVNV Funding. If you know that the collectors for LVNV got your request, but they continue collection efforts, at a minimum, you should talk with one of the attorneys I emailed you contact info for to discuss whether any collection violations occurred.

      Settling with LVNV on the credit card debts they bought for the amount you mentioned you are able to come up with is not that common. Can you settle LVNV debts that low? It is possible, just not likely, and less so when the account is with an attorney debt collector. If LVNV were to pull the account back, you may have a shot, but even then the 600 may be too low.

      Dealing with the LVNV entries on your credit report is something else. They are likely the legitimate owner of the debt and are allowed to report to Experian, Equifax, and TransUnion. What is your goal with continuing to send disputes to the credit reporting agencies to try to get the LVNV entries removed? Are you planning on applying for any new credit in the next 2 years? The LVNV debt and collection account showing on your report should age off along with the original credit card lender items after 7 years (7.5 years from the date you first missed your payments). If LVNV is reporting a date of last payment or activity newer than what the original creditor LVNV bought the debt from is showing, that is something to correct. I understand wanting to get to the bottom of the amounts LVNV is reporting as owed in your credit report disputes, but unless you are applying for credit, I would be more concerned about making sure LVNV Funding is reporting correct dates.

      I would not get too hung up on the SOL issue at this point, as LVNV has not sued yet. The debts need to be validated first based on what you shared in your comment.

      • ok todays status is: I finally had to report LVNV to Alabama’s AG to help me;AFter 3 disputes and asking for validities, signatures, etc; they never complied and responded to the AG by saying. “we will close this acct for 6 months” then saying “Ms R needs to send us her proof of disabilty and economic hardship-so I did. Then they also stated that the acct would remain open and collectible on EXPERIAN and others…then they stated that July 2013 was teh final date they could file a judgment-which to me contradicts the previous statements of “closing till 6 months’ which passes teh July 2012…what do u think of these remarks? ALso LVNV wants an Identity Theft Affidavit signed and evn police reports and even my license number-that I have a problem with-even credit cards companies never ask me for the license-so I feel VERY weird-as far as a report-duh–I just found out this was on my file near 6 yrs–so how could I have reported anything…I hope the info I sent on proof of disability n economic hardship just resolves it all. ALSO MCM (again) sent me a letter after 3 disputes stating they wanted my name address, etc of my atty-and if I did not comply in 30 days they would assume I had none–that flat out pissed me off-I never said I did in my validity requests and heck their balance is $300.00 and I made them a $150 offer 2 months back and never heard back and this letter from them never even mentioned that-so what should I do with them (MCM) call, write again, just dont want sued-health is bad enough this all makes it worse with extxremely high BP and Dr says today that tehh stresses have to go now! Thanks Michael for all you do

  2. glen mears says:

    Stop Dealing with the person you are dealing with.
    I had a debt revived from the dead, disputed it and heard nothing except these increases like you stated.
    I contacted the LVNV BBB and they have 10 days to SH** OR GET OFF THE POT in terms of validating this debt. I contacted the Federal Trade Commission who sent this to the Consumer Protection Agency. Anyone dealing with this group should show their deceptive practices to the FTC. The FTC will only pick up the case if enough people complain against them.
    The Consumer Compliance Officer for Resurgent the CAPO of LVNV is Debra Ciapi % 55 Beattie Place Greenville, SC 29601.

  3. I was looking at my credit score on credit karma. I noticed 2 accounts on there from Lvnv. Each one is listed as personal loan. One is for 1600.00 and the other is for 1450.00. I filed bankruptcy in Jan. 2005. I didn’t even have any personal loans after my bankruptcy. They both say there has been one late payment on each. One account says it was open in 2009 and the other 2011. I have no idea what they are. I’m pissed! I filed everything I had outstanding when I claimed bankruptcy. I don’t know what to do. I’m disabled and don’t know too much about this stuff except that I heard they buy old debt and the are scam artists. Can you lead me in the right direction to get rid of them and remove it from my credit report please? Thank you, FM

    • Michael Bovee says:

      Frank – First thing I would do is pull a report directly from the credit reporting agencies and verify that the accounts are appearing the same way Credit Karma shows them. Once verified send a written dispute to the credit reporting agency that has the incorrect information and copy LVNV. Send your correspondence certified mail return receipt requested. Keep a copy of all correspondence. The dispute could state that the accounts are not yours and demand removal. If that does not produce results, post an update and lets go from there.

  4. Yes i too have been hit by LVNV. I check my credit with credit karma and that is when i found it. I went and got a detailed report from the credit reporting agencies and they were on it. The amount they said i owe from a past creditor i could not find. So where do i begin with these people? Never received any paperwork from them and it says it was reported on my report this July 2013. I am clueless of what to do. PLEASE HELP. Thanks LM

    • Michael Bovee says:

      Lisa – Do you have any unpaid debts out there? If so, can you remember the year you would have stopped making any payments on the accounts? What is the balance they are reporting owed? What date does the credit report show as date of last payment, or date the account is set to fall off of the credit report?

      • Yes i do and have a payment arrangement with two already. Just about paid them off. The reason why i decided to pay those two off because the drop off date is not until 2018. The ones I have left drops off in the year 2014 and one to drop off in 2015. The last payment was stated on the report was around 2007-08. The balance on each range from 900-1500. Could they have bought all of them and made a lump some figure out of it. So what do i do about this missed payment they claim i missed in July. It made my credit score drop by 39 points and i just got it raised by paying on the arrangements on time and i also have been paying on student loans that i have never been late on. This is to crazy. Still no documents from this company. What to do? Do i dispute them with the credit agencies?

  5. I recently ran my credit and two accounts I was aware of showed on this report so I called the creditors/collection agencies and settled both accounts that were charged off. That was a couple of days ago. Today I check my mail and LVNV has mailed me a letter stating I owe them from an account I don’t recall with Captial one my balance is 3,871.00 but they are offering to settle in full for 774.22 there is also a disclaimer on the letter that states the law limits how long you can be sued because of the age of this debt, LVNV funding will not sue for it. And LVNV funding will not report to any credit reporting agency. What does this mean? I’m tryin to help my credit score go up to qualify for a home loan and now im hit with this letter and I’m freaking out because the only accounts I knew about I just paid off and settled and this account dis not appear in my credit report. What should I do now in regards to this? Please help.

    • Michael Bovee says:

      Becky – Congratulations on your progress so far! As far as LVNV goes, did you have a Capital One credit card in the past, or maybe one with HSBC?

      The verbiage about LVNV not suing you because the debt is old, or not sending information to the credit reporting agencies, is the result of a hyper awareness this year from regulators both state and federal. Debt collectors and debt owners are adjusting to new operational realities. First determine if the account is yours, then decide how you want to deal with the debt if it is.

      If it is not your debt, you can send a dispute letter to LVNV to stating as much. Be sure to send certified mail return receipt.

  6. I also have LVNV on my credit report, and I’m trying to fix my credit to apply for a mortgage loan too. I am confused as to what I should do. Maybe it isn’t the smartest move, but I haven’t addressed this issue yet since LVNV hasn’t been contacting me to try to collect, threatened me with a lawsuit, etc.. I’ve been researching online and learning as much as I can about LVNV, and I’ve read that I should not pay these crooks a dime. Is that true? I still have 3 years left for this negative mark to just fall off my credit report, and I don’t want to wait that long to buy a house. At this point I don’t really mind settling this debt with them if that’s what it takes, I just want to fix this blemish so I can start raising my credit score. I have been working diligently the last few years to settle/pay off all my debts and this is the last hurdle I need to clear. What is the best course of action for me to take regarding LVNV? Please help!

    • Michael Bovee says:

      Jon – There is no shortage of virtual ink being spilled about how all debt collectors are terrible. Most are not. Most are easy enough to work with (unless being sued). LVNV is one of the easier ones to come to an agreement with. You do need to work this out and get the debt to show zero balance owed if you are going to purchase a home in the next few years.

      What is the balance of the debt?

      • Thanks for replying Michael. The balance of the debt is about $1200 and some change. I’m glad to hear LVNV is not that bad, as everything I’ve read points to them not being very pleasant to deal with which was really worrying me. So I assume the best way to get in contact with them to settle this is via CMRRR, correct? And, is it ok to ask for a settlement for less than the full balance, or do I just wait to see what they offer first? Thanks for the help!

        • Michael Bovee says:

          Jon – Negotiating with LVNV Funding (and others) is best done over the phone. Leave the documentation for getting them to send you what was agreed to in writing prior to paying the settlement. See this report.

          A realistic target for settlement would be between 30% and 50%. There are subtleties to getting the best deal, and things about you (health of credit report etc), that could cause a debt collector to dig in their heals for a higher amount.

          You might want to make the call to LVNV and start with an offer and see where that goes. You do not have to get the deal done in one call, so post more to this thread with what happens and lets go from there.

          • Michael,
            Sorry it took so long to reply. I finally called LVNV and I offered roughly 35% of the total balance (which again was $1230). They countered with $800-something and said that was the lowest they could go, and if it was still too much they would put me in contact with their client who is collecting on their behalf and that they could work out a better deal with me. That company is Source Receivables Management. My call was transferred to them, and the lowest they could go was half of the balance ($615), and would consider the account closed. Of course I want to pay as little as possible but I’m ok with paying half , so I agreed to it in principle. I wanted to get a written agreement first and was told they won’t send out a written agreement via mail, but they could via email. Also, I was told they don’t accept payment via mail either, supposedly because it would only count as a payment towards the full amount and in order for the $615 to be considered paid in full/account closed I had to pay over the phone via check, debit, or credit. I’m definitely not giving them my bank account information, and is it acceptable to communicate an agreement via email? I’m feeling quite apprehensive about all this, because everything I’ve been reading says to get everything done via snail mail and to pay with cashier’s check or money order, so I’m having trouble trusting them. What are my options at this point?

            • Michael Bovee says:

              Jon – Smaller balance collections often will not settle for the best percentages. You did a good job.

              If the settlement agreement is sent to you as an attached document to an email, that should not be a problem. If it is simply an agreement outlined in the body of an email as text – I would not accept that.

              As far as paying, much of what you might read about how to best pay a settlement with a debt collector like Source Receivables or LVNV is dated. Cashiers checks and money orders were the most advisable way to pay a debt collector 10 years ago (or less), but that is just not the case today. In fact, money orders and cashier checks, unless getting them drawn from your account at your bank, are not nearly as simple to track and document if you need to prove payment for some reason later on. I prefer people to set themselves up with a different bank account to pay their settlement agreements with, whether with a check by phone, ACH, or debit transaction. See this report.

              Depending on the date the settlement with Source Receivables is due, you have time to set up a different account at your same bank, but frankly, this is your last account to settle, and given the attention from regulators like the CFPB, to debt collectors like LVNV and who they hired to collect, I just do not think you are going to have any problem. If you do, post about that here. You will have my undivided and free attention to help you correct the issue. That may not mean much to you as a chat on a website, but I really do look forward to that kind of thing.

              The settlement letter as an attachment is the hurdle I would focus on. Once you get it, I would be happy to review it with you over the phone. Let me know.

              • Michael,
                I received the agreement this morning from SRM as an attachment in .pdf form. I read through the article in the link you provided and I think the agreement has everything it needs to have. It states the agreed to amount to settle the debt ($615.02 + a $7.95 processing fee), that the payment will “satisfy the account fully”, and that “a settled account will require no further collection activity”. The only item from the list in the link you provided that was not mentioned is the payment terms (lump sum or payments). The due date they gave me unfortunately is tomorrow (Oct 4, 2013) so I don’t have much time to act. Does it sound like I am good to go, or would you like to discuss the agreement with me first just to be sure?

                • Michael Bovee says:

                  Jon – The letters from collectors like Source and LVNV are pretty standard. But I am here if you want to call and go over this on the phone. I will email you. My direct number is in the sig line of my emails. I am traveling currently, but am available until 4 pm mountain time at that number.

                  • I was reading the advice you gave Jon and I wanted to know the outcome. I am trying to purchase a home and this is the only thing on my credit that is hurting me from moving forward. I haven’t called yet but am thinking of settling. My sol runs out in august 2014 and shows it will fall off credit file but I want it resolved asap. My original debt was $1,680 with AG but Lvnv has bought it when it charged of and in 6/2013 they put a price of $3,294. I wanted to know if you got the out come from Jon and his situation.

                    • Michael Bovee says:

                      Lynn – Are you emotionally and mentally committed to a home already? If not, is there a reason you cannot wait until September? If you are ready to close on a home, can you come up with half the balance currently owed?

                • Hello Jon I woke to know the outcome of your situation I debating on settling so I can purchase a home and my sol runs out in august and should fall off my credit file. I would appreciate your help and find out what happened in your situation.

  7. Karen Karen says:

    Hello

    I want to buy a house in a year and a half. I have 2 LVNV and the 2 original creditors reporting on my credit report. So what I owe is in my report twice. Is this normal? I owe 2 hsbc credit cards and so resurgent/lvnv bought it.

    Both credit cards were $300 each but since I have not paid they are reporting interest accruing on the non payments. These cards were opened in 2006. One card I ower $535 and the other one $745. Like I said before I want to buy a house in a year and a half. I also want my credit score to be better in 4 months from now because I will be moving, renting a house and you know they always look at your credit score.
    Big question is should I settle the dept for less and demand that they report settled in full? I read on the BBB that some people complained that what was not settled was sent to the IRS so the consumer can pay up on the difference.
    What would look better on my credit report? paying in full or settling?

    • Michael Bovee says:

      It is normal to have your original credit report the many months you did not pay, and that the debt was charged off as a loss. If a creditor sells a debt to Resurgent Capital, or LVNV, that banks entry shows all the negative stuff still, but the balance should show zero. Is that how HSBC shows on your credit report now?

      Once purchased, LVNV will often show up as a collection account, with that same balance owed to them. An yes, this is pretty normal.

      Right now, given your goals of being approved for a rental, and purchasing a home in the near future, getting the debts resolved should be the priority. Whether you negotiate a settlement with LVNV for portion of the balance owed, or pay the full amount, it will not make the difference. Resolving the debt, and getting the credit report to show zero balance now owed, is what will lead to the credit improvements. If it were me, I would negotiate the best savings and settle with LVNV.

      Be sure you are taking care to maintain any positive credit you have.

      I am not clear about what you read regarding LVNV and taxes, but all creditors and debt owners have to follow tax laws. If you are concerned about owing taxes on forgiven debt when settling, check out this report.

      • Karen Karen says:

        Hello and thank you for replying. Yes the credit cards are with HSBC and they do show on my credit report as Zero and sold off. I know one of the credit cards will reach a 7 year mark this year. The other one I am going to settle with them.
        One credit card on my report shows LVNV and the other one is by Resurgent. Are they the same company?
        So when I settle with them I should ask for pay for delete? I will call them tomorrow so they can start sending me settlement letter.

        At the moment I have a secured credit card with Apple federal credit union and a crappy one I got approved for with Credit one bank. I am paying on time and paying my balance off. This has increased my credit.

        Will my credit score go up once the credit cards have been settled?

        Thanks

        • Michael Bovee says:

          Resurgent Capital Services and LVNV Funding LLC are part of the same group of companies I refer to as the Sherman Acquisitions brand. Is the LVNV reporting for the same account that Resurgent is reporting? If these are duplicates you should work at getting one deleted.

          You can ask for them to delete the negative if you pay, but don’t have high expectations they will. But they are required to report the debt is resolved and zero balance owed.

          Do not expect a credit score increase from settling the debts immediately. The benefit to your credit will be the debts are resolved, which will improve your debt to income for buying a home. It will take time for your score to see improvement from resolving past debt with the thin credit you have right now.

          • karen karen says:

            I owe hsbc two credit cards. One of the credit cards is listed with LVNV and the other one is listed under Resurgent Capital services. They are two different credit cards so no they dont show up as duplicates.

            One of my credit cards reaches the 7 year limit next month. I was thinking of just paying the other one off and not paying the 7 year limit one off. What do you think?

            Also I have tried deleting some credit inquiries from my credit report. I have written letters to the three credit bureaus and to the creditors that did the inquiries on my account. I have gotten back letters from them but they just tell me to contact equifax, transunion and experian because the creditors claim they cannot do anything.

            Is there a better way to delete these?

            • Michael Bovee says:

              If it were me I would leave the one scheduled to fall off next month alone. Which one is the one that is not falling off soon – LVNV Funding, or Resurgent Capital?

              I would not worry about getting any soft inquiries off of your credit report. If these are hard inquiries, what are they for?

              • karen karen says:

                The one falling off is LVNV. The one staying is Resurgent. I think I will call to pay them after the LVNV falls off.

                They are hard inquiries for credit cards. I have 15 :(

                • Michael Bovee says:

                  Those inquiries will lose their potency, but they are legitimately there.

                  You have 2 revolving accounts reporting right now, so I would not look to obtain any more cards for a while.

                  I think waiting to resolve the debt with Resurgent until the LVNV one falls off is a good plan, but there is nothing technical to hold you back if the SOL to sue has passed in your state.

                  • karen karen says:

                    I also have furniture from Ashley furniture reporting on Experian only. A car note that reports on Experian and Equifax. Not sure why these two do not report on Transunion.
                    On Transunion only two small credit cards report on it. I am trying to get my auto to get re financed by a credit union so they can report to all 3 credit agencies. The bad thing is that I am not good with Chexsystems. I have to clear my name with them too.

                    I now realize the importance of keeping your name clean.

  8. My credit has been building good…but for some reason u get letter from LVNV funding saying i owe Capital one bank..doesn’t say year or nothing..just balance n settlement balance in full…i have no clue to this..i don’t remember ever owing capital one..i want to clear this up but scared to open can of worms ..please help

    • Michael Bovee says:

      JoAnne – Have you had an account with HSBC?

      • i have no clue what HSBC is…. its like i want to call just to settle but as i read some other questions up there im not sure i want to call…. id like to have this removed no matter what but dont know how to start my own investigation on this… grrrr… this is frustrating in so many ways….. if i owe ok ill pay but i want it removed and off my credit report…

        • Michael Bovee says:

          HSBC is a bank. They issue credit cards and Capital One sucked up some of HSBC’s credit card portfolio.

          Are there debts you fell behind on paying in the last 7 years? You can certainly call LVNV and get more details about the debt they are trying to collect on. If the account is not yours you can dispute that with the credit reporting agencies, and copy LVNV.

          I would call them and get more details about the debt they are collecting first. You could ask what address they have associated with the account to compare that with anywhere you have lived etc.

          Post an update to this comment string with what you learn and lets go from there.

  9. no i have nothing… i have never had a credit card in my name up until a few months ago … im thinking maybe this is something from when i was married… there is nothing i can think of or remember..grrrr…. but the amount of 400.00 that they say will take care of the amount is that what i have to agree to pay on???? the only thing that shows on my credit report is from almost 7yrs ago the emergency room/dr bill from when i had no insurance… thats it… have i got my credit score good yes i have and after all these years i finally said im going to apply for some credit cards…and yes i did get approved for a few and since then i get my statement and pay it off…i dont allow myself to say hey..get what you can and pay slowly… nope not me…so this is why im so confused… but will this take my balance to zero once i paid them ??? will this get removed from my credit report???

    • Michael Bovee says:

      JoAnne – Please confirm a couple of things for me:

      When did LVNV Funding start showing up on your credit report? With no other collection account on your credit report to tie the date of last payment to, what is the date of last payment LVNV is reporting?

      Were you an authorized user or co-applicant on your prior spouses credit cards? If the account is not yours, you have no reason to pay anything, and should consider disputing the debt and the credit reporting entry.

      • i actually just pulled a new credit report and i have nothing on my credit report at all from lvnv…. i just got something in the mail from them saying i owe capitol one…. it doesnt state a date of this account or anything…. the only thing im finding on my credit report that shows anything that i owe is from those hospital emercency room which only adds up to 2100.00 thats it…there is nothing else on my report….. i asked my exhusband if we or he had anything from capitol one and he said no… so now im not sure what to do on this….i no my memory isnt that bad…if i dispute this and they somehow find that i need to pay this will it then make me pay the full amount of 1700.00 or still the 400.00 that they offered to me…

        • i just spoke to LVNV and i made agreement to pay on the 410.00 that is owed from a few years ago…. they were very nice and they said as soon as my payment clears they pass it on to the actual collector of this and they send it to the following credit reports as it being settled in full….. they said it will be off my credit report as soon as all ends are finalized… ugghhh i sure hope that this settled in full doesnt look bad on my credit report….

  10. I have recently received a summons for court from a debt being collected by LVNV. I’ve been working with a lawyer who finds everything extremely odd especially since the account does not appear on my credit report anymore. There was a judgment originally in my home state in 2008, but since then I have heard nothing until getting a summons two weeks ago. The last date i made any type of payment on the original account was in April of 2005 which i assume Bank of America then sold off the debt to LVNV. To me it seems this is far beyond the Statute of Limitations especially since everything I can find online says it goes by Deleware’s laws as BOA is incorporated there.

    I currently live in NYC and am wondering exactly what I should do. The lawyer, in essence, has told me to answer an question the delivery of the summons since the original summons was simply left on my door, as well as the lawsuit being outside the statute of limitations. Any advice you guys can give me?

    • Michael Bovee says:

      Ryan – I am not clear on something. You were sued and a judgment entered in your home state in 2008 on this same account? Is the current action you received in NY a brand new lawsuit, or is it an attempt to domesticate an existing judgment in NY so legal collection efforts can proceed?

      I have more feedback to offer, but need clarity on the above first.

      • In the summons it says the following

        “On March 14, 2008, in the Circuit Court of the Count of Winnebago, County of Illinois, judgement was entered in favor of the defendant (my lawyer believes this is a typo) in the sum of $3,146.81 with interest from March 14,2008. No part of said judgment has been paid although duly demanded. Wherefore, plaintiff(s) demands judgement against said defendant(s) for the sum of $3,146.81 with interest thereon from March 14, 02008.”

        It seems to me from that wording, if they do not mean in favor of the defendant, that it is not a new lawsuit but rather a way to domesticate it as you said.

        Thanks

        • Michael Bovee says:

          Ryan – It appears the collection suit filed in Illinois was within the SOL, and in any case, the time to raise that defense would have been back then. Judgment debts have a different, and often far longer SOL. It looks like Illinois SOL for judgment is 20 years.

          Challenging the delivery of the summons will not get you too far.

          Can you raise the funds to settle with LVNV Funding?

  11. I have recently got a letter, from who? I don’t remember. I did skim over it and it said that a lawyer was not called yet, but it was asking me to pay a debt for somebody, I think it was Capital One bank. I didn’t read that far. I threw it in the trash. I looked on my credit report and found LVNV Funding listed as of Oct. 7th. Should I contact these people when I get another letter?

    Please email me directly, it would be most helpful. Thank you.

    • Michael Bovee says:

      Nikki – You can always call LVNV directly and inquire about any debt they have in their system that relates to you.

      What is your goal with this account?

      • Nikki M says:

        I’m so sorry to reply sooo late!

        I’m trying to close this account I had open. I was paying on it but couldn’t continue. So the interest has piled up and the Law Office of Ed Overcash wants the debt owed. Should I pay to this office? The debt has not hit the 7.5 year mark. Thank you Michael Bovee.

        Any advice would be helpful!

        And I’ll be checking for your reply on a more frequent basis.

        • Michael Bovee says:

          Are you still talking about the account that LVNV showed up for on your credit report last year?
          What is the balance owed?
          When was the last payment made on this account (to anyone, including LVNV)?
          What state do you live in?

          • Thank you for replying.

            Yes, that account. The balance due is $725.01.
            The last time I paid anything on that account was in 2011 to credit card company before I was too far behind for payments. Never made any payments to LVNV. I believe the company gave the account over to that law firm I mentioned.
            I live in Florida.

            • Michael Bovee says:

              If you want to settle, you will likely have to deal with the LVNV debt collection attorney, Ed Overcash (what a name for a debt collector).

              With LVNV Funding LLC, I would target between 40% and 60% as a settlement amount. If you have very real ongoing hardships you could aim lower, or if the debt is passed the SOL to sue for collection in your state. If you look highly collectable (paying other unsecured creditors on time, applying for new credit, etc), or the debt collector has prepared to sue, or has sued, on behalf of LVNV, the higher settlement targets are more realistic.

              • I thought so. Thank you Michael for your advice! I really appreciate it!

              • Nikki M says:

                One more thing Michael.

                Regarding a different matter, do you think I should file for bankruptcy if my student loans are more than $50,000 and I work part-time?

                I would like your advice on this subject. Thank you.

                • Michael Bovee says:

                  Are your student loans current now?
                  Are the loans government backed, private, or mixed?
                  Other than student loans, and the LVNV debt, how much is total is owed to other creditors or debt collectors?

                  • The student loans are current, I finished school last year.

                    The loans are mixed. The student loans are $62,000 and the other creditors add up to $3,000.

                    And I work part-time. I’m trying to find something full-time, but nothing is turning up positive.

                    • Michael Bovee says:

                      Student loans are very difficult to discharge in a chapter 7 bankruptcy. Given your other debts total a fairly small amount all things considered, bankruptcy is not going to off a good return on the investment.

                      If none of your loans are private, or if some are, but low balances out of the total, look into your options for income based repayment. You may have other options to consider as well. Call 877-721-9723 and ask about a student loan consultation with one of MMI’s student loan counselors. The call is free,and you will get a grip on your options for managing your student debts moving forward.

  12. Dian Miller says:

    The Consumer Compliance Officer for Resurgent the CAPO of LVNV is Debra Ciapi % 55 Beattie Place Greenville, SC 29601

    Is this where you can send a complaint to?

    Dian Miller

    • Michael Bovee says:

      Dian – I would call Resurgent Capital Services direct at 1-888-665-0374 to verify the address and to whose attention you should send any correspondence.

    • wmburgbear says:

      I would send the letter to the Better Business Bureau if they are harassing you like they did me to the point they ruined credit monthly until I stopped them in their tracks. The LVNV funding office has had over 100 complaints resolved each month since June. IN fact their credit score is now a B+ vs A+ as a result of people asking them for help resolving the complaints that Resurgent so promptly aggressively using gestapo tactics when collecting a debt. Often the debt is too old to collect.
      Mr. Bovee the address is correct. I do not know if your diverting these letters on behalf of LVNV but I know what worked for me. In less than thirty days the issue is resolved with the BBB. In addition, you are not treated as a criminal by LVNV when you call to settle this matter.

  13. I just received a letter from Convergent Outsourcing listing LVNV Funding as the creditor. The original creditor is Capitol One, whom I did have an account with more than 10 years ago. They’re offering to settle the account for 35% of the original debt. However, neither Capitol One nor LVNV appear on my credit report, I assume due to the age of the debt.

    After verifying the account I would be willing to pay the debt in full to settle the account. However, I don’t want to wake “sleeping collection agencies” and I also read that paying them makes the debt current where it can then be reported on my credit report, which I don’t think would be beneficial.

    In a case like this, why WOULD I pay the debt?

    If I choose NOT to pay, do I need to write them a letter disputing it due to the age of the account?

    Thank you.

    • Michael Bovee says:

      Crystal – If this account is indeed beyond the 7.5 year credit reporting life span, than it is likely beyond the SOL for CapOne, LVNV or Convergent to sue you in court to collect (they could sue, but your defense would be simple and to the point as “time barred”).

      Reasons for settling or not this far down the line will often boil down to personal choice. If you wanted to settle you could probably negotiate a better reduction on a debt this old. If you did not want to settle you could consider sending a cease communication letter that would stop collection attempts – which is typically only a good idea with old debts like yours appears to be.

      Your thoughts?

  14. I have two judgments on my credit reports. The Plaintiff in the first judgment is listed as ARROW FINANCIAL SERVICES LLC and the Plaintiff in the second judgment is listed as LVNV FUNDING LLC ASSIGNEE OF SEA. We are going to refinance our mortgage and our lender has told us we can have these paid at closing or we can pay them prior to the close. My question is I am now being contacted by FREDERICK J HANNAH & ASSOC about both of these accounts. I have not read anything good about Frederick Hannah and I am very reluctant dealing with them. I asked them to validate they are lawfully able to accept payment on the two judgments. They have yet to provide that information. I am inclined to settle with them but only after receiving a letter stating the settlement amount along with the fact payment of the agreed amounts will settle both judgments along with the court case numbers. Will that cover me in the event they are somehow not legally able to collect on these 2 judgments?

    • Michael Bovee says:

      Mike – Hannah and Associates are not difficult to deal with. They regularly collect debts, and I know them to collect for LVNV (who also happens to have bought much of the Arrow Financial Service debts). I am not sure what you sent or why regarding their validating they are lawfully able to accept payment, but you can call LVNV/Resurgent and ask them to confirm if Frederick J Hannah and Associates are who they have the accounts placed with. The title company would be sending a demand request to these same entities if you were paying them off at closing anyway.

      You definitely will want to get any agreement to settle written up in advance of paying what you are able to negotiate.

      • I guess I just spoke with the wrong guy on the wrong day then because all he wanted was the full balance and wanted nothing to do with negotiating.

        • Michael Bovee says:

          Mike – It is possible that you went about this the wrong way; said something that changed how your file is viewed; or your collectability score is really high.

  15. I recently received a collection letter from the Northland group and i really dont want to deal with a lot of crap all my accounts are in good standing and this debt of 6,800 that is now 900 i do not owe, i had a bankruptcy over 10 years ago. I dont know if i should call them i them are just ignore this letter. sincerely Sharon

    • Michael Bovee says:

      sharon – Is there a Northland Group collection account showing on your credit reports? Any other collection showing at all?

      It would be good to know what they think they have to collect on. If it were me, with all the identity theft that happens, I would want to verify that this is perhaps a zombie debt trying to come to life from the old bankruptcy, or something else.

      You could call Northland Group and try to get details that way, or write to them requesting more information about the debt in order to determine whether it is yours, and whether the debt is legally collectable (discharged in bankruptcy, or passed your states SOL to legitimately sue). If you do write to them, send your letter certified mail, and return receipt requested, and save a copy of the letter and the return card you receive. Those may come in handy later depending on what you learn.

  16. recd ltr from Northland group for paymt on debt owned by LVNV , old Cap one acct charged off 2005, SOL in my state is 6 yrs, states no last paymt date, credit report does not show cap one acct or LVNV or Northland, should I ignore or send cerified ltr for debt Validation, they might lie anyway, I am distressed, will it ever end? Will they eventually sue?

    • Michael Bovee says:

      carol – If you are certain that the debt is beyond the SOL, and you have not intention of paying it, if I were you I would not send Northland Group, or LVNV, a debt validation letter. I would send a cease communication letter to both, certified mail return receipt requested. But only if I were certain that the last payment I made on the account was longer than the SOL for my state. Sending a cease communication letter limits how a debt collector can contact you to the courts. But you generally remove that concern (being sued), when the SOL has lapsed.

      If you are sued, post an update here and we can go from there.

  17. I recently received a letter from the Northland Group attempting to collect on an old credit card from Plains Commerce. I sent Northland Group a debt validation letter requesting them to validate debt, as I suspected this CC was beyond SOL. I received a letter the other day from Resurgent Capital Services that simply states, “Based upon the research conducted by the Customer Service Department, the above referenced account has been closed”.

    I am at a loss as to what exactly Resurgent is attempting to say, and how I should proceed? I am attempting to pay off valid debt and clean up my credit report as I am hoping to apply for a mortgage later this year.

    Any and all assistance would be greatly appreciated.

    • Michael Bovee says:

      Dewayne – Was Resurgent responding to the debt validation letter you sent to Northland Group, or to them directly? Did you send a credit reporting dispute? When was the last time you made a payment to the Plains Commerce account?

      What other debts are listed as collection accounts on your credit reports, and when were those last paid?

      • Michael,

        Resurgent was responding to the debt validation letter I sent to the Northland Group. I just looked at my credit report and it looks like the last payment was made in 2006. I did not send a credit reporting dispute. Should that be my next course of action? Northland group also sent me a dunning letter around the same time for a Macy’s account. I am working directly with Macy’s on this account, since they still OWN the account. Does that sound like the correct route o take?

        Thank you for responding to my inquiry.

        • Michael Bovee says:

          When in 2006? If in the last few months of that year, and you add 7.5 years, there may still be a couple months of breath left in this old debt. But yes, disputing it as too old to show on the credit report with the bureaus, and with Resurgent, would be the next step.

          How long ago was the Macy’s account last paid? What state are you in?

          • Michael,

            The first late 30 shows in November of 2006.
            Macy’s was one of my oldest credit lines (1996) and due to loss of employment in mid 2009 (unable to collect unemployment), my account was closed. I spoke with a CSR from Macy’s and I am looking to pay them directly next month, as they appear on my credit report and not Northland Group. I am hoping to possibly wok with them to reopen the account. Macy’s was last paid in September of 2009. I lost my job in July of 2009 and was out of work for almost a year. I reside in NJ.

            I am still not understanding what the letter Resurgent sent me is actually saying.

  18. Hi, Mr. Bovee. I hope you can help me on this.

    I have just received a letter from Scott, Parnell & Associates PC…regarding a debt that LVNV has acquired.

    It is a valid debt that I did not pay due to job loss. I am in a position now to pay it, but it has went up dramatically. Original debt was $2500 in 2011. It is now $3900 in 2014.

    The Attorneys letter said “no attorney has yet reviewed this. If you fail to respond our client may consider additional remedies.”

    2 questions:

    1. Should I contact LVNV or the Attorneys?
    2. What should I reasonably expect to pay?

    • Michael Bovee says:

      Steve – You can call LVNV to negotiate, but it is likely they will refer you to the attorney anyway. A realistic expectation would be 40% to 60% of today’s balance. How long would it take you to pool together that amount?

  19. What about Jefferson capital? I have been working for two to three years to rectify my credit since my ex husband destroyed it. I had an Aspen Credit Card and I received a settlement offer from them and I called and accepted the settlement. After I paid the settlement Jefferson capital started trying to collect the rest of the debt. You cannot reach anyone at Aspen Credit card. I emailed them from their website and was told that my account was now being serviced by another company, which is Jefferson Capital. I sent them a reply that it should have never been sent to Jefferson because I paid them and they sent the same email. Jefferson Capital reports to the credit bureau that I made the payment (that I made to Apsen), but that I still owe the remaining balance. I disputed the debt with experian and from the investigation they reported Jefferson capital is in compliance with regulations. Now my credit report says it has been disputed by me and it has said that for at least two months. Shouldn’t it be taken off of my credit since they did not post results of the dispute within 30 days? The original debt was in 2008 and Jefferson has been trying to collect since March of 2012 the month after I paid my settlement to Aspen.

    • Michael Bovee says:

      JC- Do you have a copy of the settlement offer you received, and the subsequent proof of the the payment that met the amount offered, and any expiration? I would probably escalate this to a complaint with the CFPB if you do have all of that documentation, and perhaps even if you don’t.

      • I have all of the proof. The letter from Aspen, the bank statement where it was paid to them and the amount paid.

        • Michael Bovee says:

          Jc – It is up to you and your level of patience, but if it were me, I would write to Jefferson Capital one final time, with a copy of the proof you have, and demand that they remove their credit reporting of a bogus debt. Keep a copy of what you send and use certified mail return receipt.

          You could of course skip that step, and jump right to filing your complaint against them with the CFPB here.

  20. Mr. Bovee,

    I have been reading your post and have an issue with LVNV Bank and Chase reporting the same debt. The Chase listing shows ‘Potentially Negative Closed’ and the LVNV listing displays ‘Potentially Negative.’ Is it legal to have both listings of the same debt on the credit reports? Two, should I even bother with them since the deletion date is set for July 2014 (The rep for LVNV stated this on the phone today)? And last, since I’ve paid or settled other collection accounts; would it be wise to sidpute them to have them deleted? Thank you

    v/r

    Irv.

    • Michael Bovee says:

      Irvin – Yes, unfortunately both the original creditor, and the current debt owner can report the unpaid credit card. If the credit reports are correct, Chase should show a zero balance owed, and LVNV should be showing the balance owed them.

      Before I answer number 2, what credit goals are you looking to accomplish between now and July?

      • Mr. Bovee,

        Sorry for the late response. My credit goals between now and July are to just build my credit. As we speak, my Experian is 598, Equifax 630 and TransUnion 580. Each have drastically increased since March. Though, I don’t understand the huge difference since they all have the same information. I sent dispute letters to all three credit agencies regarding LVNV and Experian, so far, has been the only one to delete them. I don’t plan to on buying a car in the near future nor a house. My only goal is to improve my debt to income and increase my debt to credit (or vice versa) ratio.

        • Michael Bovee says:

          In that case I would wait until mid/late summer. Once these things drop of your credit reports it will be a good time to establish some additional credit trade lines. Check out the tools available from http://www.credit.com – like the credit report card – for tips on what types of credit can help you rebuild.

          Are the settled debts from the same time frames as the LVNV debt?

          • No, sir. The debts that were settle were back in 2009/2010. Right now, the only thing hurting me is the Chase/LVNV accounts.

  21. I have a 10 year debt $750 that now lvnv collection agency has written me a letter wanting to settle for two payments of $75.00. Everything has been wiped from my credit report already. I have nothing on it. Should i send a validation ltr or just ignore them? If i send a validation letter will it open a can of worms? thanks

    • Michael Bovee says:

      kathy – Was the debt the result of a judgment? If not, and after 10 years, it is highly likely the debt is passed the SOL for you to be legitimately sued. Sending a debt validation letter to LVNV would not open a can of worms. Ignoring the settlement offer LVNV sent is an option too.

  22. I have a Judgment against me from LVNV for an old credit card debt. At first I thought the SOL was up but the Judge said otherwise. I live in Florida (and did at the time of the judgment). The was from back in 07. I just received a Subpoena for deposition in aid of execution. Under FL statute’s, I basically “judgement proof” but they can still make my life a nightmare with this depo.

    I’m trying to get money together to try to settle before this depo just to avoid the nightmare from it but I’m not positive yet that that will happen. With the judgement, the are entitled to interest and since this judgment has gone unpaid for several years now, the interest has raised the balance from the original judgement amount by quite a bit (to the tune of $13k from the original $8k of the judgement).

    My questions are, if I can somehow manage to pool together some money in attempt to settle, what is the likelihood that they will settle for any amount lower then allowed with the judgement and where should I start the negotiations at?

    Also, should I maybe attempt to contact LVNV directly or just deal with the local attorney that they have here that is actually handling the judgement and collection actions?

    Thanks,
    CJ

    • Michael Bovee says:

      CJ – I have had good success settling unpaid judgments over the years. The longer the judgment has gone without payment, often the better the settlement. If you are in a position to pay, say 65%, than start negotiating with LVNV’s attorney now. Start low of course, say 25%, but be prepared to settle higher. A realistic target is 50%, but that moves around a bit by what can be seen about you (like what shows on your credit reports as current etc). LVNV will settle with you, but through the attorney they have working on this already.

      When is the depo set for?

  23. I received 2 letters from Northland Group, Inc. Both are for credit cards way past the statute of limitations. Last pmts were either ’06 or ’08. They say whether I get validation or don’t get validation of the debt they will either send validation or a judegment. They know the SOL is past, why are they still sending letters and WHAT should I do? I have a letter of validation ready to send them but my 30 days are running close!

    • Michael Bovee says:

      ch – Debt collectors can still call you, and send letters, in an effort to get paid. The SOL in your state passing does not impact that. Collection companies like Northland Group will send letters after the SOL expires because people will still pay.

      What is it you want to do? What is your goal?

      • My goal is to not receive a judgement. I sent them a certified/return receipt letter asking for an agreement with the creditor, which the current account “owner” is LVNV Funding,
        agreement with my signature, proof that the statute of limitations has not expired, payment history, if they were licensed to collect in Texas and their license numbers and registered agent…..now we shall see what happens~Thanks for getting back to me, no one seems to want to help me!

        • Michael Bovee says:

          Okay. But just know that they are not obligated to respond to all of what you requested. If the SOL is passed, and because of the awareness about the issues you clearly already possess, your goal of avoiding a judgment is likely already reached.

          • thanks!! I will let you know what happens in the future, if anything, with this. Thanks again for your help!

          • do you think I would have been better off sending a cease communication letter?

            • Michael Bovee says:

              If you are certain the time limit to legitimately sue in order to collect is expired, sending a cease communication letter (perhaps include the fact that the debt is passed the SOL), would be how I handle something like that.

              • Should I send them another letter?

                • Michael Bovee says:

                  It is up to you. I would wait to see if Northland Group responds to your validation letter.

                  • I received a letter that one of the accounts that Northland Group has from LVNV –MBNA, has been closed–is this good? I received a letter from Resurgent Camptal Services stating this
                    Of course they have another account from CitiBank that I have not received a letter on yet or verification. If I havent heard froom them on june 7 or before—I am sending them a cease and desist letter….I am done with these people already.

                    • Michael Bovee says:

                      ch – What does the letter from Resurgent Capital say? And is their letter in response to something you sent Northland Group, or LVNV?

                    • It is a letter in response to Northland Group but it is stating that the account with LVNV is closed—it is from Resurgent Capital.

                    • I received letter from Resurgent concerning the above accounts–one is closed and the other is from Resurgent Capital. They sent a verfication of Debt from LVNV(current owner) stating that they have reviewed my dispute–which I did not dispute, just asked for validation–stating that the dispute did not contain sufficient information to resolve the matter—-the say that if they do not receive additional clarification, they may return my account to active status…..of course then at the bottom there is the legal rights crap about notifying them within 30 days…….
                      Should I just send Resurgent a cease and desist letter?

                    • Michael Bovee says:

                      If you have no intention of paying anything; cannot be sued for collection by LVNV or Resurgent becuase the SOL to do so in your state has expired; and the accounts are no longer able to show on your credit reports, or you do not have any reason to care about them showing on your reports for the legal limit they are allowed to; than if it were me, I would send Resurgent Capital the cease communication letter (LVNV too).

                      What is it you intend to do, or not do?

                    • Sending cease and desist letters—certifed, return receipt.

                    • Michael Bovee says:

                      And that settles that.

                      Post an update if anything should come up later. Keep a copy of the letter you send, and when you get the green return receipt card back, store it safely with your letter.

      • Cynthia says:

        Micheal I have a judgement against me with long I don’t recall the debit in question the sure back in 08 and I never received anything about court I already tried to dispute it and It was rejected. I’m trying to get a house in the next couple of months that Judgement is about $3500 at this point I wanted to know should I try and call the company direct and settle it falls off in September of 2015 but I really want to move before then

        • Michael Bovee says:

          Is it LVNV with the judgment? Is this the only thing on your credit report that is unresolved?

          • Cynthia says:

            Yes this is the only blemish on my credit can you email me directly I don’t mind paying on here as well but it is difficult to find my past to see you reply

            • Michael Bovee says:

              I will email you. You can find your prior posts by subscribing to the comments (check the box you see to subscribe the next time you post a comment). That way you get a direct link via email to the comment that is posted in reply to one of yours, or when new comments are posted to the page in general.

              • Cynthia says:

                h i Micheal,
                I got a settlement with lvnv and the judgment should be removed from my credit by July 1st i ended up paying about 22% of the Debt. they try their best to haggle you to pay more but if you stand your ground they will meet you at it even playing ground so I suggest you ask for a lower price than you really will pay I’m glad i will be off my credit but if I had more time I probably would Of hassled for a lower price. they also try and add on extra fees after the judgment price but I didn’t consider any of that when arguing for the settlement price

  24. Okay— Thanks again!

    • I finally received what I guess is a letter of debt validation from Resurgent….All it says is the name of the company it is owed to–Citibank, the account number and how much is now owed….to me all that says is that LVNV “owns” it??? It says that they are giving me the information that I was questioning. So??? The SOL in Texas is 4 yrs. Is it different if they are from another state and trying to sue?
      CH

      • Michael Bovee says:

        Debt collectors like LVNV can respond to your debt validation request with ease, and meet their requirements under the law.

        The SOL for suing you in court is not imported into your state. The 4 years to sue in Texas is what they have to contend with. But you should talk that over with a Texas attorney familiar with debt collection defense.

        • I have no idea who to call….I am thinking of just sending them a cease and desist letter and hopefully be done with this. Any thoughts?

          • Michael Bovee says:

            If I were certain the SOL had passed, and I had no intention of paying, I would send the cease communication letter certified mail return receipt.

  25. Hello Michael , back in march I contacted lvnv to settlement a debt they bought last year the sol was last year but it never came off my report I wanted it paid and settled. So I called them they gave me a third party settlement that supposedly handle the account I made a settlement arraignment gave them a date to process the payment they also sent me a letter confirming. The funds never processed soI called and asked what happened they said that it being serviced by another settlement company. My issue is that I am being tossed around and nobody wants to honor the offer. And it doesn’t make sense as to why there are so many outside settlement companies handling this I am confused and frustrated and upset.

    • Michael Bovee says:

      lyn – What is the name of the debt collection company that LVNV told you has the account today?

      • It is still with LVNV but they have a third party settlement company now called First National when I spoke with Allied the man mentioned it was transferred because I disputed the account on my credit report. This account OC SOL in Virginia is 3 years so I am going to do DV letter to LVNV the original debt originated in 05 last payment received was 06 sol ran out in 09. LVNV bought the portfolio in june 2013.

  26. Hello
    I have a question hopefully you can answer for me. I had a capital one card I owe on from 2994 the Sol in Colorado is seven years they tried to put a judgment on me in 2006 but I am sure that judgment never happened as it does not and has never showed on my credit report if this is true and there was no judgment can northland still try and collect from me? Capital one no longer shows on my credit report and I have no judgments on any of my credit reports. Any help would be great.

    • I meant to say from 2003 and lost a job so had to stop paying towards the end of 2003. I never went to court for this I talked to someone who removed the court date so I could try and make payments but I was unable to that is why I say I am sure no judgment was never entered against me. Any help please.

    • Michael Bovee says:

      Yes, a debt collector can continue to try to get paid on legitimate debts. The SOL expiring for using the courts to collect, or for how long bad debts can show on your credit reports, does not make the debt go away. There is just less incentive to pay it sometimes.

      I would want to check the court records in the court they tried to sue me into be sure nothing happened there I need to be concerned about.

  27. I got a letter from my job telling me that they received a garnishment against my wages from LVNV Funding LLC. I went back and looked over my credit reports and found one from last year October 2013 showing the account was removed. Can they still garnish my wages? please help?

  28. john mbeo says:

    thanks for the answer but I did not receive any documents from the court. can I call LVNV directly?

    • Michael Bovee says:

      If you want to contact LVNV to resolve the debt, you can, but they will likely refer you to the attorney handling the matter for them.

      There is often information that accompanies what you received from your employer about how to contest any LVNV garnishment. If that is not the case here, call the court clerk on Monday and find out what you need to do if you decide to go that route.

      Did you know nothing about the fact that you were sued to begin with? That can happen.

  29. Hello!
    I have received a letter from the Nothland Group, current owner of debt is Worldwide Asset Purchasing II, LLC, stating the orginial creditor Bank of America. They state that the amount owed is $21,654.47 and will settle for $7,579.08. The SOL for Louisiana is 3 years and it has been 7 years since I have paid on this debt. They are telling me I have 30 days, letter dated 5/15/14, to dispute the validity of this debt etc. It states they will obtain verification of the deby or obtain a copy of a judgement and mail me a copy. Do you recommend that I go ahead and send a cease communication letter, if so do you have a sample letter that you can provide. Thank you!

    • Michael Bovee says:

      If the SOL for suing to collect, and for credit reporting is passed, and I had no intention of paying, I would send Northland Group the cease communication letter. I would copy Worldwide Asset Purchasing too. Send your letter certified mail return receipt requested. Keep a copy of your letter and the return receipt card in a safe place.

      Your letter is all of a sentence. Be sure to identify yourself and the account they are trying to collect on (their Worldwide Asset file number, original BofA account number, your address, name, etc). Include any variation of “I request any and all communication attempts from you to cease”. You can refer to your rights under federal laws, and a whole bunch of other stuff too, but it really is not necessary. You want their mail and collection calls to stop, and they already know their obligations under fair debt collection laws.

  30. I been settling debt this year. My debt keeps being taken or bought by another collector now LVNV has the account i been settling. Same thing happened with another account that was a medical bill some else bought it. The fuc*** up part about it i settled it for a lower amount 700 hrds now is back up to 1293. Can someone help me can they do this? My credit score dropped 20 points since it just went up.

    • Michael Bovee says:

      Can you provide more details?

      Who was the original creditor, and what was the balance owed? Who did you end up paying the settlement to, when, and how much? Did you get anything documented? Was that collector showing on your credit report?

      When did LVNV contact you for collection on this same account? Did you dispute the debt with them? When did LVNV begin to appear on your credit reports?

  31. I had an account with Beneficial that was sold to LVNV. I began receiving phone calls from JCC Christensen. The original amount owed Beneficial was around 15k. I was offered a settlement for about 8k but wasn’t able to come up with the lump sum or pay it off if the amount of time they wanted. I have made payments of approximately $1500 on this account over the past 8 months but my amount owed has increased to 18k because of the very high interest rate. I would like to pay this debt but I see no way of getting ahead of the interest being charged. I quit taking calls from JCC Christensen and my last payment was made in May. I tried logging on to the JCC website today and it now says they have no record of my account. I’m guessing they’ve sent it back to LVNV but not really sure what’s going on. Since my most recent payment was in May, this account won’t be coming off my credit report anytime soon. I’m thinking I should contact LVNV and try for a settlement with them but I’ve never been contacted by LVNV and I guess I’m a little afraid of stirring things up. Will that significantly raise my “collectability score” if I’m reaching out to them. Or should I wait and see if they try to sue. I’d greatly appreciate any advice you have for me.

    • Michael Bovee says:

      Casey – It would be better at this point, after having made payments, to be proactive and contact LVNV to reach a settlement, rather than wait to be sued. You already know it would be better to settle this quickly, and you may even be able to get a better deal than was offered by JC Christensen and Associates. How much can you pull together to make a realistic offer?

      Also, any credit reporting by LVNV or other debt collectors should fall off of your credit at the same time Beneficial does. You did not reage or reset a fresh 7 years of bad credit reporting from LVNV by paying anything, but you probably reset the SOL to be sued legitimately.

  32. I had an old account with Credit one bank. From what I can tell I the debt was sold to lvnv funding with the original charge off being 945. Lvnv funding claims I owe them 1800. I have asked for debt validation twice now with no response. I had experian call them with me on the phone, was told that they will not respond to me as the debt validation letter I used included the fact that they could not attempt to collect the debt while validation was in process and to cease phone calls during the 30 days. They told me on the phone that this was a cease request and would not respond to me. I told them no it was the debt validation process and outlined as the 30 days. In the phone call they said the original amount of debt was 1074, I have a few months of credit reports showing the account as open, closed a collections (still listed as an open account on my equifax report despite my requests to verify information; as well as both increases and decreases in the balance over a 6 month period. I am going to buy a house end of the year, so how should I proceed. I would prefer it off my report (falls off Feb 2016 at 7 years), but I am not comfortable spending 1800 on a pay for delete when I am not certain the amount is correct. They update monthly (sometimes twice) would a settlement kill my credit score?

    • Michael Bovee says:

      Jason – The collector at LVNV is responding how most any legitimate debt collector will these days. Your letter contained even the vaguest reference to not calling, or making collection efforts. Legal teams, both internal and external, advise to treat that as a cease communication for compliance and CYA reasons. You will not get a front line debt collector to back off of their training in this regard very often, but maybe a manager or supervisor….

      It is unlikely that you will be able to pay 1800.00, or any amount, and get LVNV off of your credit. But that does not have to prevent you from reaching your home loan goals, or the rates you see on those loans. And I am glad you are approaching all of this now, rather the attempting last minute credit repair with an offer on a home already pending.

      The most realistic outcome is that you are able to settle the debt, and for much less than the amount LVNV says is owed on your credit report, and have your credit reports updated to show the account is resolved and a zero balance is owed. LVNV is required to report accurate info, so will be updating the paid status (regardless of how much you pay) shortly after the deal goes through (they regularly do this). If they don’t, you can correct this yourself afterward.

      As far as the impact on your credit scores from settling with LVNV, it depends. Each persons situation is different. What are your scores with all 3 bureaus now? What other collection items appear? How long will they remain? What are your oldest accounts? How many inquiries are on there now that are newer than 18 months? How diverse is your credit history? What is the utilization for each account on your credit reports? – There are too many factors to make a generalization as accurate as people need/want.

      These days, you will likely need collection accounts paid or gone to get the loan approved. Credit scores can be 580 theoretically, and still qualify for a home loan. In practice, you want a 620 or higher (with collections resolved).

      • Credit scores are 600-640. Looking for a USDA loan, have talked to lender and looking to get a mortgage for about 2/3 of what I qualify for. I do have about 12 inquires in the last 18 months. I just finalized a divorce and gave the ex wife the old car to sell, while paying for the new on she drives. I walked to work for about 4 months and twice had it pulled for a car loan, but the dealer sent it to multiple places and I have about 5-8 inquires from the two times I did that. So I have a car, and have to pay on hers for about one more year before she has to take it over and remove my name from it (refi or sell). Oldest accounts are about 14-17 years old. Lost a job and house about three years ago during all this. Currently Lvnv Funding and a medical bill are all that remains on my report. The medical is large enough that it will take to december to save enough to pay off the 7800 on it in full, it will stay for the next 6 plus years (but want to remove it as it was from a car incident and incorrect anti-depressents/bi-polar medication and diagonis. Lvnv Funding I have enough to pay it off, but not sure how to proceed with it. If the amount is correct I have no issue paying it all, but with them quoting a different original amount on the phone, updating my reports with both balance increases and decreases it makes me leary of the amount they show. November I had over 30,000 in collections and currently have just over 8,000 with those two as all that remains. Should I contact Lvnv Funding mail or phone, or should I use what I currently have saved to begin paying on medical bill?

        • Sorry missed part of your questions. 3 installment loans (including both auto loans), 2 lines of revolving credit. Utilization is about 15-25% each month. Lvnv Funding and the medical bill update all 3 CB each month. Last late payment was a year ago on ex’s auto by 30 days. Hope that’s enough information.

          • Michael Bovee says:

            You are not in bad shape. You have some things that will correct in the next year to two. Getting the collection showing a zero balance would likely get you in the door with FHA underwriting (if employment and other non credit scoring factors are good). I know you are looking at USDA loan, and 1/3 down at purchase. You should meet your goal, but for the unpaid collections.

            Are you working with a broker or loan officer already?

        • Michael Bovee says:

          I am not as familiar with USDA loan underwriting standards as I am with FHA, but know them to be similar. Are you aware of a score threshold for approval?

          Settling the debt with LVNV Funding for 30 or so percent will put to bed any inflated balance concerns. I would call as part of your negotiations, but get the deal in writing before paying. Do not let on any more than is already apparent that you care about your credit score, or are only settling in order to get a loan approved in the near future. They may hold out for more in the negotiations.

          You could certainly look to apply available funds to the medical bill. It sounds like the LVNV collection account is passed the SOL for them to legitimately sue you in order to collect. But what state are you in, and what was the month and year you last made a payment on this account (to the original creditor)?

          • Feb 2009 was last payment to original creditor, none to Lvnv Fudning as I never heard of them until I pulled the credit report. Apply for funds for the medical bill? Its past SOL for them WV and VA. Thanks I will be calling them this week, I saw in an earlier post to have the agreement as a attachment to email so I will ask for that before providing information to pay it. Thanks for the advice, if I understood it correctly settling should not have as an adverse impact on the credit as they update monthly then say an 5 year old bill that was only entered and never updated.

            • Michael Bovee says:

              Apply funds to the medical bill as an alternative to settling with LVNV right away. With the SOL passed, and the threat of collections in the court out of the way, you can pick which to handle first. If it were me I would get LVNV out of the way while you can still say something to them like “I only have xxxx amount to offer. If you don’t want the money, and I know this debt is passed the SOL for you to sue, I have a much larger medical debt this money can go toward”.

              • That was the angle I was gonna go with this Friday, thank you makes me more comfortable that my logic was shared by another.

  33. Two quick questions:

    1 Can cops come and get a person who has not paid any payday loans over the years?

    2 Do you know if there is a way to check how many you have not paid? Like on a website?

    Thank you Michael.

    • Michael Bovee says:

      Niiki – Unless there was something criminal, cops would not just pick a person up on a civil matter. An exception for something like this in debt collection is when a person is sued, ends up with a judgment, and does not appear when the judge wants them to show up for an asset discovery hearing, or something similar (ignoring a courts order or instruction). You should run this concern by an experienced debt collection defense attorney in your state.

      Other than credit reports I am not aware of a central data base for payday loans in collection.

      • Thank you for responding Michael.

        What exactly would be criminal? Giving them a check to cash if loan not paid in full on due date and then never paying the loan back?

        • Michael Bovee says:

          Not necessarily. What if you took the loan out to pay bills, and then had a major unplanned expense come up like a blown transmission that ate your whole paycheck….

  34. Most collection accounts should come off your credit report in 7 years or less

  35. First of all I am a victim of fraud, and haven’t had any credit since 2006. I have just received a letter from my bank stating that LVNV through a lawyer “Kirschenbaum & Phillips has garnished the only savings acct I have, that I opened up less than a year ago to set aside a few dollars for tax purposes.
    I have no idea who LVNV is or who they are collecting for, I called them once over 6 years ago & told them I was a victim of fraud & would like to know who this debt is owed to & what where & so on but they never ever sent me any information to validate anything to me. I would like to contact a lawyer but do not know what kind of lawyer to contact and what is needed for me to do… PLEASE help…Bea
    Your Question

    What do I need to do & what type of lawyer do I need to contact for help?

    • Michael Bovee says:

      You would want to connect with an experienced debt collection defense attorney in your state. What is the name of a nearby larger city? I can email you contact details for any attorneys I know of that are closest to you.

    • Also what is the statue of limitations? and I recently found out information that it is from a company that I have never done business with and that closed its doors in 2003. Should I pull a credit report? I was told that if you pull your credit report or apply for credit it encourages all sorts of solicitors and creditors?

      • Michael Bovee says:

        In order for Kirschenbaum & Phillips to try garnishing or levying your bank accounts, they would need a courts permission, which suggests there is a judgement against you for this debt. That judgment is collectable in New York for 20 years, so there would be a ways to go yet for the statute of limitations to expire.

        If you never did business with the original company, and this was never your debt, raise that issue with one of the experienced debt collection defense attorneys in the city I will email you contact info for.

        You want to pull the court record at this point. But if you have not reviewed your credit reports recently, that is a good thing to do (monitor what is showing is current and accurate). I am not sure where you heard about your monitoring your own credit leading to solicitation. Those happen regardless of whether you periodically review your credit files.

  36. Hello,
    I am living in california and I have collection balance of 1,830 posted on my credit report.
    The agency is LVNV FUNDING LLC, original balance 1,005 from HSBC and the last payment was made on 2010 July.
    I was never contacted but I want to remove this negative report off my credit report.
    I want to negotiate for a one time payment but I wasn’t sure how to contact the company.

    • Michael Bovee says:

      You can call LVNV Funding at the number I provided in the above article.

      I would not go at this with the expectation that you will be able to get LVNV removed from your credit reports in exchange for payment. But getting them to agree to accepting less than what is owed, and your credit report to show the account is now paid with zero balance, is common.

      Do you have any credit and financing goals you are trying to reach?

    • I had the same issue I contacted them negotiated with a settlement and because I disputed them on my credit file the pulled the settlement they switch companies to settle so I contacted a credit company that help remove because they weren’t getting my money After that stunt I was upset After a month I checked my credit report and it was removed. Try that route Credit restoration

  37. I have an outstanding debt of $1,082 with General Electric Capital, the total now from LVNV is $2254. In my Credit Karma account LVNV states “date opened: 5/24/09″ and I don’t believe this is correct. I’ve tried to mentally go back over all of this and the original debt was probably incurred between 2006 and 2007. I’d like to wait until the 7 yrs. pass, but should I first find out for sure the date this debt was first reported by GE and if the 7 years have passed what’s next? My credit score now is 704 and this is the only blemish on my record.

    • Michael Bovee says:

      I would want to establish that the original date you first stopped paying GE Capital was less than 7.5 years from today. If you know it is longer than that, I would dispute the credit reporting entry in writing with both LVNV, and the credit bureaus that have it on your reports.

      • Thanks, Michael. Since 7.5 years is so long ago, what will be the best way for me to make the determination you suggest? Who should I contact? I doubt I’ll be able to easily find paperwork at home related to this debt that would confirm when I stopped paying.

        • Michael Bovee says:

          Any chance you have copies of your credit reports printed(or electronically stored)? A couple years old should show the original creditors entry.

          Not many of us keep printed bank statements that long, and your bank may not keep those records this long either, but check with them anyway.

          You can still dispute this formally with a general idea of the dates. And when push comes to shove, the bureaus themselves probably have the old data. But you would likely want to avoid the journey that involves getting them to pony up to that fact.

          Post an update with what you find and lets go from there.

  38. Elizabeth says:

    I have and old debt with Orchard Bank. Date of delinquency is 6/10 in the amount of$2200. We were having difficult times 2010-2012 due to job loss. Got a mortgage modification in June 2012 and have not had any late payments since 6/12 on any accounts. In early 2014 a collection for $2800 shows up on all 3 credit reporting agencies listed as a Factoring Company. The original debt was a charge off. No letter, no calls, I disputed with Credit Agencies, came back confirmed and asked the Consumer Financial Protection Agency to Investigate. The collection agency replied with a debt validation and mentioned they have outside agencies do their collecting for them but didn’t list who it was.. Regardless, I would like this off my credit reports or at the least listed as paid. Suggestions as where to go from here? I don’t really like talking to collection agencies, you mentioned calling is best.

    • Michael Bovee says:

      If I understand everything in your comment correctly, it appears the credit reporting is accurate. Correct information, though negative, such as you describe, can stay on your credit report for up to 7.5 years.

      Why would you want it to show paid? Did you pay it, and I am misunderstanding you? Did you settle, or do you want to settle now for as much as you can save so that this shows paid on your credit?

  39. I have received a collection letter from Gamache & Myers PC stating that they were in the process of instituting suit on behalf of LVNV.They ask for file number on all payments and correspondence. Also says that “This communication is from a debt collector in an attempt to collect a debt and any info obtained will be used for that purpose”
    My question is…is this legit and can they collect or garnish my bank account if my income is social security? Then today I get a letter from another firm Boevingloh & Pliakos offering to help me…are they all in cahoots?…What should I do?

    • Michael Bovee says:

      The letter from Boevingloh and Pliakos is likely a solicitation letter that results from their scanning the court records for newly sued consumers they can solicit for new bankruptcy, or other types of help they offer. It would be highly unlikely they are in cahoots.

      You are being sued. What to do next is going to hinge on what your goals for dealing with the account are. What is it you want to, and can do about this?

      Can you afford to settle the debt for less than what they are suing you for?
      Are you willing to defend the case in court?

      As far as whether they can later take money from your bank account if they have a judgment, see this post: http://consumerrecoverynetwork.com/question/social-security-pension-state-exemption-debt-collector-garnishment/ – if you do not see your state covered in the comments of that page, post yours in a comment and I will reply with info about further exemptions available to you.

  40. Hi again, I did not see my state mentioned, I live in Missouri. My income is social security for me social security from a late husband and a small survivors pension..total income is 1421.00
    although I do use the bank account for other small deposits like from ebay sales and such…I rent my home and do not own a car…Thanks in advance

  41. I forgot to say that I am overwhelmed with bills and had to stop paying some of my credit cards, my credit score is already in the toilet and I’m just trying to survive at this point. I do not intend to buy a home or car in the near future…

    • Michael Bovee says:

      I posted the Missouri exemptions on the other page. Scroll to the last comment for today’s date.

      You may want to consider having one bank account for exempt funds, like the SSI deposits, and another account (at the same bank even) that you use for those other transactions like ebay. If a judgment is entered, I would keep very little money in that secondary account.

  42. I have a collection /judgement with LVNV. After settlement was completed in 2010 they neglected to state it was paid that same year. It took 2 years before they closed the file. Today i ran my credit report and one of them indicates as “status: filed”.
    Completely disappointed to see this. The credit report will not back track this settlement date. I now must settle it with LVNV to get this cleared up…. Did i not pay them enough on paperwork, attorney fees, and the actual fees….
    My total payment was over $10K…. Unreal that they would not get this cleared up with all three credit bureau.
    What can i do to get this cleared up?

    • Michael Bovee says:

      It may just be the one that is still showing the judgment did not get the memo (local public records data aggregator missed it somehow).

      Which credit bureau still has it?
      Do the other 2 show it as paid or satisfied?
      Have you looked at the court houses own records of the case? Does the court show it as satisfied?

      I can offer more actionable feedback depending on the answers to those questions. You may not need to mess around with LVNV or Resurgent at all.

  43. I have been married and legally changed my name over 13 years ago. I have used this name since. Today I received mail from LVNV Funding LLC Original creditor was GE Money bank. Principal was $450ish plus interest making my total balance 1,500.00 ish they give me 3 options to settle, one being pay 300 and my account is now satisfied in full. This is no on my credit karma report I have no idea what it is but did have some past due bills back in 1998- 1999 ish that i never paid. I do believe this is over 13-16+ years old considering the name they are sending mail to. I’m not sure what to do.

  44. I just want to correct my post above, I have NOT used my maiden name since I got married.

    • Michael Bovee says:

      I would request debt validation from LVNV. With your validation letter, make a copy of theirs and include it. Send certified mail return receipt and keep a copy of everything for your records.

      One of two things are likeliest to occur once LVNV gets your validation letter:

      1. They will stop collecting from you as they cannot adequately validate the debt (as old as it is).
      2. They will send you information substantiating the debt, but will stop collection activity until they do.

  45. I’m worried that this will open a can of worms. If they are tiring to collect and its not on my credit report can they actually do this? Also can they add it to my credit report once I talk with them? One more weird thing. About a month ago I got laid off and filed CA for Unemployment. When I received correspondence in the mail from CA for Unemployment, it was all in my maiden name. I called to get it corrected but i have no idea why that happened. I moved from CA to CO in 1996 unmarried in 2000 I was married and in 2010 I moved back to CA. Do you think some how a really old debt found me because of the CA for Unemployment filing?

    • Michael Bovee says:

      If you are certain we are talking about a debt that is more than 13 years old, the only can you will open with LVNV by sending a debt validation, or cease communication letter, will be one full of whoop-ass if they continue to try to collect on zombie debt without following well established fair debt laws. They are generally pretty good at that, so I do not expect any fire works, but post updates with any new developments.

      Debt collectors are not out of line by trying to collect on really old debts. Even if LVNV is no longer on your credit reports, the debt did not go away, or suddenly become illegitimate.

      Debt collectors cannot add the collection back onto your credit report once the time limit for it to drop off has passed. Talking to them, or sending a letter to LVNV will not change that.

      Debt collectors use a host of skip tracing software. All of which is designed to identify and tie in stuff about you, assets, jobs, bank accounts, etc. It is entirely possible that is what was triggered in the way you suggest. But it still does not change the nature of this debt being so old as to be considered “zombie debt” – which is cool I got to use the term on Halloween :)

  46. Your comments have been very helpful. I have a different scenario. Due to high medical bills (cancer) I was forced to file Chapter 11 bankruptcy in 2008. My attorney filed the Chapt 11 due to my income level. I have been paying off my creditors as laid out in my court approved bankruptcy plan. I just started getting calls from Northland. According to my attorney, I should not be contacted by any of my creditors. I understand from above this is probably GE Money Bank. I have requested something in writing and so far nothing. (2 mos). At first they identified themselves as AR Management now it is Northland. Can you possibly shed some light on what their plan maybe? Thank you in advance.

    • Michael Bovee says:

      Is the account Northland Group is trying to collect on part of your bankruptcy filing?

      Ask your attorney if he/she has any experience bringing FDCPA claims in an open bankruptcy. Let me know, and if not, I can offer more feedback.

  47. Im being sued by lvnv funding I was originally in chapter 13 but was dismissed..I’ve replied to lvnv funding ..now I just need help on how to write a motion to dimiss..im about to just give up and go talk to a lawyer..

    • Michael Bovee says:

      I highly recommend working with an experienced debt collection defense attorney. There are not many of them around the country. If I know of one or more in your city, or one nearby, I will send you there contact details. Just post the name of the largest city near you.

  48. I had 2 different letters one from the Northland group and the other from LVNV this summer . I sent them cease and desist letters and have not heard from them since. Neither debt has ever been on my credit report and both are 7-8 yrs old. Do you think the cease and desist letters made them realize that since I live in Texas that the SOL is waayyy past and they will not bother me any more?
    The most curious thing is that these were not reported to any credit bureau–ever.
    Please advise.

    • Michael Bovee says:

      Once you send a cease communication letter to debt collectors like Northland Group and LVNV, they must stop their collections efforts, unless they want to sue you. If the SOL to legitimately sue you in your state is up, the debt collectors are “SOL”.

      Debt collectors do not always report to the credit bureaus. Northland Group may have only been working for LVNV who bought the debt, so Northland not reporting is not odd.

      LVNV or Resurgent not reporting the debt is remarkable. Who was the original creditor on the account LVNV bought, and did the lender ever show up on your credit?

  49. I was searching for a # to call for LVNV Funding as I just found out that they have a judgement against me. The date on the judgement is 2008, which after calling the courthouse last month, finding this is a supposively from 2003 in which they are sueing me from. I got the # from the courthouse to call. When I did they bounced me from one company to another saying that they no longer had the case. Now I just received papers stating they will be garnishing my wages. I want to know how I can fight this, as I don’t even know what bill this is from. Please help.

    • I also want to say that I have been married with a different name than they have me sued under. I believe also they called my place of work and hung up once I said I was Brenda Stuttley 2 times, minutes apart one was a male the other female. Once I did get to talk to someone I didn’t believe them that they had a judgement, this is when I started checking thing. Sure enough I found one. I still don’t understand how this can happen without me knowing. Wouldnt I have to be served papers to go to court??

      • Michael Bovee says:

        You certainly should have been aware you were sued. You may still have options regarding never having been served or aware of the suit, but a 10 plus year old judgment may be impossible to undo.

        Post the name of a nearby city and I will help you locate an experienced consumer law attorney with debt defense experience.

        With the pending garnishment, you may have received information along with the employer notice about your right to, and how to, contest the garnishment. If not, call the court and ask them how you can request a hearing to contest. Depending on what you earn, your bills, and allowable expenses, you may be partially or even fully exempt from garnishment.

Share Your Questions, Comments and Concerns

*