Sued by LVNV Funding LLC in Nebraska? Here's What to Do Next
Nebraska RESPONSE DEADLINE
30 Days
from the date you were served
STATUTE OF LIMITATIONS
5 Years
for typical LVNV Funding LLC debts in NE
WAGE GARNISHMENT
Allowed — up to 25%
What Nebraska consumers say about LVNV Funding LLC
In the last 24 months, 175 Nebraska residents filed CFPB complaints naming LVNV Funding LLC (across Resurgent Capital Services and CL Holdings). 74% of these complaints involve debt collection; 25% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 61 Attempts to collect debt not owed
- 26 Incorrect information on your report
- 25 False statements or representation
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.
Nebraska-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In Nebraska, the statute of limitations for credit card debt is 5 years. If your last payment was more than 5 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 Nebraska 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.
Nebraska Wage Garnishment Exemptions
Greater of 75% of disposable earnings or 30x federal minimum wage exempt. Head of household gets 85% exemption.
Nebraska Consumer Protection Act
In addition to the federal FDCPA, Nebraska's Nebraska Consumer Protection Act may provide additional protections and remedies against LVNV Funding LLC's collection practices.
Nebraska Court System
Small claims limit $3,600. County court handles most civil cases up to $57,000. Filing fees in Nebraska typically range $25-$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 Nebraska
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 5 |
| Medical | 5 |
| Auto | 5 |
| Personal Loan | 5 |
| Written Contract | 5 |
| Oral Contract | 4 |
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 to respond in Nebraska?
30 days from service.
What is the SOL in Nebraska?
5 years for written contracts. 4 years for oral contracts.
Can wages be garnished?
Yes, but head of household may get 85% exemption.
Where are cases filed?
County court handles most consumer debt cases.
How long can a creditor sue me on a credit card or other debt in Nebraska?
Nebraska's statute of limitations is five years on written contracts (Neb. Rev. Stat. § 25-205) and four years on oral contracts and accounts (§ 25-206). Most credit-card and store-card agreements are treated as written contracts, so the five-year period typically applies. The clock generally begins running from the date of last payment or the date of default, depending on the contract language. After the statute has run, the debt is time-barred and you have a complete defense to a lawsuit, but you must raise it as an affirmative defense in your answer to the complaint. A time-barred debt remains a debt the collector can ask you to pay voluntarily, but the collector cannot lawfully sue, threaten suit, or imply that suit is still available. Be careful about partial payments or written acknowledgment of an old debt; in some circumstances Nebraska law treats these as restarting the clock. If you are unsure of the date of last payment, request validation under the FDCPA and pull your credit reports for the original charge-off date.
If I am a head of household in Nebraska, how much can be garnished from my wages?
Nebraska law gives heads of household stronger wage-garnishment protection than the federal minimum. Under Neb. Rev. Stat. § 25-1558, if you are the head of a family, the maximum garnishment is 15 percent of disposable earnings, meaning you keep 85 percent. For non-head-of-household earners, the limit follows the federal cap of 25 percent of disposable earnings or the amount above 30 times the federal minimum wage, whichever is less. Disposable earnings means earnings remaining after legally required deductions. To claim the head-of-household exemption you typically need to file an exemption claim with the court after garnishment is served and provide proof such as a tax return showing a dependent or other documentation that you provide more than half the support for someone in your household. Federal benefits including Social Security, SSI, VA, and most pensions are fully exempt from garnishment regardless of head-of-household status.
Is the collection agency suing me registered to operate in Nebraska?
Yes, third-party collection agencies and most debt buyers operating in Nebraska are required to register and post a bond under the Nebraska Collection Agency Act, Neb. Rev. Stat. § 45-601 et seq. Registration is administered through the Nebraska Secretary of State and the relevant licensing body. You can request verification or search the public registration list to confirm whether the entity suing you is currently registered. If the collector or debt buyer is not registered at the time it sent collection letters or filed suit, that is a strong defense and can also support a counterclaim under the Nebraska Consumer Protection Act. Even where a collector is registered, the bond requirement gives consumers a potential additional source of recovery if a judgment for damages is obtained. Always check registration first; it is one of the quickest ways to find leverage in a Nebraska collection case.
What does the Nebraska Consumer Protection Act add to my federal FDCPA rights?
The federal FDCPA, 15 U.S.C. §§ 1692-1692p, regulates third-party debt collectors and debt buyers but generally does not reach the original creditor. The Nebraska Consumer Protection Act and the Uniform Deceptive Trade Practices Act, Neb. Rev. Stat. § 87-301 et seq. and § 59-1601 et seq., are broader and prohibit deceptive or unfair conduct by any business, including original creditors. Available remedies include actual damages, injunctive relief, attorney fees, and in some cases treble or enhanced damages. The Consumer Protection Division within the Nebraska Attorney General's office accepts written complaints and investigates patterns of abuse. In practice this means if a bank or hospital itself misrepresents the amount owed, threatens improper action, or fails to honor a written dispute, you may have a state-law claim even when the FDCPA does not directly apply. Combining state and federal claims can substantially improve settlement value.
What should I do if a Nebraska collector threatens to garnish my Social Security?
Social Security and most other federal benefits are protected from garnishment by private creditors under 42 U.S.C. § 407 and federal Treasury Rule 31 CFR Part 212. A collector who threatens to take your Social Security to pay a credit-card or medical debt is making a misleading statement and likely violating the FDCPA, 15 U.S.C. § 1692e. If those benefits are deposited into your bank account by direct deposit, banks are required to automatically protect up to two months of those benefits when a garnishment order is received. To preserve that protection, do not commingle Social Security with substantial amounts of other money in the same account, and keep records showing the direct-deposit source. If the bank freezes your account anyway, file an exemption claim with the court and notify the bank in writing. Document the collector's threats, save voicemails and letters, and consider filing a complaint with the Nebraska Attorney General's Consumer Protection Division and the CFPB.
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 Nebraska?
The 30-day Nebraska 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 Nebraska state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Nebraska for guidance on your specific case.
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