Sued by LVNV Funding LLC in Colorado? Here's What to Do Next
Colorado RESPONSE DEADLINE
21 Days
from the date you were served
STATUTE OF LIMITATIONS
6 Years
for typical LVNV Funding LLC debts in CO
WAGE GARNISHMENT
Allowed — up to 25%
What Colorado consumers say about LVNV Funding LLC
In the last 24 months, 502 Colorado residents filed CFPB complaints naming LVNV Funding LLC (across Resurgent Capital Services and CL Holdings). 79% of these complaints involve debt collection; 20% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 139 Attempts to collect debt not owed
- 88 False statements or representation
- 73 Written notification about debt
Source: CFPB Consumer Complaint Database , 24-month rolling window through May 2026.
About LVNV Funding LLC
LVNV Funding LLC is one of the largest debt buyers in the United States, operating as a subsidiary of Encore Capital Group. LVNV purchases portfolios of defaulted consumer debt — including credit cards, medical bills, and personal loans — for pennies on the dollar, then attempts to collect the full balance. LVNV is notorious for filing thousands of lawsuits annually against consumers, often with minimal documentation to prove they actually own the debt or that the amount is correct.
Type: Debt Buyer. Parent company: Encore Capital Group. Common debt types: credit card, medical, personal loan, auto deficiency.
CFPB Enforcement History
LVNV Funding and its servicer Resurgent Capital Services rank among the most-complained-about debt collectors in the CFPB Consumer Complaint Database, but the CFPB has not brought a major enforcement action specifically against LVNV or Resurgent. The volume of complaints is itself the documented pattern — consumers should still know LVNV must prove ownership of the debt and follow the FDCPA in every collection action.
Colorado-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In Colorado, the statute of limitations for credit card debt is 6 years. If your last payment was more than 6 years ago, the debt is time-barred. LVNV Funding LLC has been the subject of CFPB findings related to suing on time-barred debts — check your dates carefully and raise the SOL defense in your Answer.
Lack of Standing / Chain of Title
As a debt buyer, LVNV Funding LLC must prove they actually purchased your specific account. Demand the complete chain of title — the purchase agreement, bill of sale, and assignment documents. In Colorado courts, failing to produce this documentation can result in dismissal.
Challenge the Amount
Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.
Colorado Wage Garnishment Exemptions
Greater of 75% of disposable earnings or 40x federal minimum wage is exempt. Head of household may get additional protection.
Colorado Fair Debt Collection Practices Act (CFDCPA)
In addition to the federal FDCPA, Colorado's Colorado Fair Debt Collection Practices Act (CFDCPA) may provide additional protections and remedies against LVNV Funding LLC's collection practices.
Colorado Court System
County court handles civil cases up to $25,000. District court for larger amounts. Filing fees in Colorado typically range $85-$250.
Common FDCPA Violations by LVNV Funding LLC
- Suing on time-barred debts where the statute of limitations has expired
- Filing lawsuits without proper chain-of-title documentation proving ownership of the debt
- Attempting to collect amounts that include unauthorized fees, interest, or charges not in the original agreement
- Failing to provide adequate debt validation when requested within 30 days
- Misrepresenting the character, amount, or legal status of the debt in collection communications
Statute of Limitations in Colorado
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 6 |
| Medical | 6 |
| Auto | 6 |
| Personal Loan | 6 |
| Written Contract | 6 |
| Oral Contract | 6 |
Frequently Asked Questions
Who is LVNV Funding LLC?
LVNV Funding LLC is a debt buyer owned by Encore Capital Group. They purchase defaulted debts from original creditors for a fraction of the original balance and then attempt to collect the full amount from consumers, often through lawsuits.
Can LVNV Funding sue me for old debt?
LVNV can file a lawsuit, but if the statute of limitations has expired in your state, you have an affirmative defense. LVNV is known for suing on time-barred debts. You must raise this defense in your Answer — the court will not do it for you.
Does LVNV Funding have to prove they own my debt?
Yes. LVNV must prove the chain of title showing the debt was properly assigned from the original creditor to them. Many LVNV lawsuits are filed with generic affidavits and lack proper documentation. Demanding proof of ownership is a strong defense strategy.
What happens if I ignore an LVNV Funding lawsuit?
If you do not respond by your state's deadline, LVNV will obtain a default judgment against you. This allows them to garnish your wages, freeze your bank accounts, and place liens on your property in most states.
Can I countersue LVNV Funding?
Yes. If LVNV violated the FDCPA — for example, by suing on time-barred debt, misrepresenting amounts, or failing to validate the debt — you may have grounds for a counterclaim. Statutory damages under the FDCPA are up to $1,000 per violation, plus actual damages and attorney fees.
How long do I have to respond in Colorado?
21 days from service to file your Answer.
What is the statute of limitations in Colorado?
6 years for all types of contracts including credit cards and written agreements.
Does Colorado have its own debt collection law?
Yes. The Colorado Fair Debt Collection Practices Act provides protections beyond the federal FDCPA.
Can wages be garnished in Colorado?
Yes. The greater of 75% of disposable earnings or 40 times the federal minimum wage is exempt.
How does Colorado's state FDCPA differ from the federal FDCPA?
Colorado's state Fair Debt Collection Practices Act (Colo. Rev. Stat. §§ 5-16-101 et seq.) substantially tracks the federal FDCPA (15 U.S.C. §§ 1692-1692p) but with several Colorado-specific enhancements. First, it requires collection agencies to be licensed by the Colorado Administrator of the Uniform Consumer Credit Code under Colo. Rev. Stat. § 5-16-103. An unlicensed collector cannot collect or sue on a Colorado debt; doing so violates both the licensing statute and the state FDCPA. Second, Colorado restricts contact methods and time-of-contact rules similarly to federal Regulation F (12 CFR Part 1006). Third, remedies under Colo. Rev. Stat. § 5-16-113 include actual damages, statutory damages up to $1,000, attorney's fees, and class-action damages up to the lesser of $500,000 or 1% of the collector's net worth. Both statutes can be enforced in parallel as counterclaims to a collection suit.
How much can a creditor garnish from my wages in Colorado?
Colorado is more protective than the federal floor. Under Colo. Rev. Stat. § 13-54-104, the maximum wage garnishment is the lesser of 20% of disposable earnings (not 25% as under federal law) or the amount by which weekly disposable earnings exceed 40 times the state minimum wage. With Colorado's 2026 state minimum wage of $14.81, the protected weekly amount substantially exceeds the federal 30-times-federal-minimum-wage floor at 15 U.S.C. § 1673. To assert the exemption, file a claim of exemption with the issuing court immediately after receiving notice of garnishment, and request a hearing. Federal benefits including Social Security, SSI, and VA benefits remain fully protected under 42 U.S.C. § 407. Colorado also exempts certain types of pension and retirement income under Colo. Rev. Stat. § 13-54-102.
What is the statute of limitations for credit card debt in Colorado?
Colorado applies a six-year statute of limitations to actions on contracts and instruments for the payment of money under Colo. Rev. Stat. § 13-80-103.5, which courts have applied to credit card debts. The clock generally begins on the date of default or last payment. Once six years pass, the debt is time-barred. A collector who sues anyway violates 15 U.S.C. § 1692e(2) and § 1692f(1) of the federal FDCPA as well as the parallel Colorado FDCPA (Colo. Rev. Stat. §§ 5-16-101 et seq.). Raise the statute of limitations as an affirmative defense in your Answer along with a counterclaim for statutory damages up to $1,000 per action plus attorney's fees under both statutes. Be cautious: partial payment or a written acknowledgment can revive the SOL under Colo. Rev. Stat. § 13-80-113, so do not pay or sign anything on an old debt without legal advice.
How does Colorado protect against medical debt collection?
Colorado has some of the strongest medical debt protections in the country. Colorado SB 21-227, codified at Colo. Rev. Stat. §§ 25-3-501 et seq., requires hospitals to screen patients for financial assistance before referring debts to collection and limits collection actions on medical debt that should have been covered by assistance programs. In addition, Colorado SB 23-093 prohibits the reporting of medical debt to consumer credit reporting agencies starting in 2024, which means a paid or unpaid Colorado medical debt cannot legally appear on your credit report. If a collector is reporting Colorado medical debt to a CRA, dispute it with the bureau and the furnisher under 15 U.S.C. § 1681s-2 of the Fair Credit Reporting Act and consider an FCRA claim. The Colorado AG's Consumer Protection Section actively investigates violations of these medical-debt rules.
Where are debt collection cases filed in Colorado?
Colorado debt collection cases are filed in either county court (for amounts up to $25,000) or district court (for amounts above $25,000). Small claims court handles cases up to $7,500 but does not allow representation by attorneys for either side, which most collectors avoid. The federal FDCPA at 15 U.S.C. § 1692i and Colorado law at Colo. R. Civ. P. 98 require suit in the county where you currently reside or where you signed the original contract. If the collector files in the wrong county, raise improper venue immediately and consider an FDCPA counterclaim, which is a per se violation. You have 21 days from service to file an Answer in Colorado county court and 21 days in district court. Failing to answer allows a default judgment, exposing you to wage garnishment up to 20% under Colo. Rev. Stat. § 13-54-104 and bank levies on non-exempt funds.
Sued by LVNV Funding LLC in Another State?
LVNV Funding LLC files cases nationwide. Select your state for the response deadline, statute of limitations, and state-specific defenses.
Sued by a Different Collector in Colorado?
The 21-day Colorado response deadline applies no matter who sued you. Pick the creditor on your summons for creditor-specific defenses.
This page summarizes public information from the CFPB Consumer Complaint Database, CFPB enforcement records, and Colorado state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Colorado for guidance on your specific case.
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