Sued by LVNV Funding LLC in New Hampshire? Here's What to Do Next
New Hampshire RESPONSE DEADLINE
30 Days
from the date you were served
STATUTE OF LIMITATIONS
3 Years
for typical LVNV Funding LLC debts in NH
WAGE GARNISHMENT
Allowed — up to 25%
What New Hampshire consumers say about LVNV Funding LLC
In the last 24 months, 58 New Hampshire residents filed CFPB complaints naming LVNV Funding LLC (across Resurgent Capital Services and CL Holdings). 83% of these complaints involve debt collection; 16% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 19 Attempts to collect debt not owed
- 12 Took or threatened to take negative or legal action
- 8 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.
New Hampshire-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In New Hampshire, the statute of limitations for credit card debt is 3 years. If your last payment was more than 3 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 New Hampshire 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.
New Hampshire Wage Garnishment Exemptions
50x federal minimum wage is exempt from garnishment per week.
New Hampshire Consumer Protection Act (RSA 358-A)
In addition to the federal FDCPA, New Hampshire's New Hampshire Consumer Protection Act (RSA 358-A) may provide additional protections and remedies against LVNV Funding LLC's collection practices.
New Hampshire Court System
Small claims limit $10,000. Circuit court handles civil cases. Filing fees in New Hampshire typically range $50-$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 New Hampshire
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 3 |
| Medical | 3 |
| Auto | 3 |
| Personal Loan | 3 |
| Written Contract | 3 |
| Oral Contract | 3 |
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 New Hampshire?
30 days from service.
What is the SOL in New Hampshire?
3 years for all contract types.
Can wages be garnished?
Yes, but 50x minimum wage per week is exempt.
Where are cases filed?
Circuit court handles most civil debt cases.
Can a credit-card or medical debt collector garnish my wages in New Hampshire?
In most cases no. New Hampshire is unusual in that ordinary judgment creditors, including credit-card collectors, debt buyers, and medical-debt collectors, cannot garnish wages to enforce a civil money judgment. Wage attachment is available only in narrow categories such as child support, certain tax debts, and a few specific statutory situations. That means even if a debt buyer obtains a judgment against you, the typical enforcement tools are limited to bank account attachment, property liens, and post-judgment discovery. This is one of the most consumer-friendly garnishment regimes in the country and changes the negotiating leverage significantly. Collectors know that without wage garnishment, recovery is much slower and harder, which often opens the door to lower settlement amounts. If a collector tells you they will garnish your New Hampshire wages on a credit-card or medical debt, that statement is likely misleading and may violate the FDCPA and RSA 358-C. Document the threat in writing.
How long does a creditor have to sue me on a debt in New Hampshire?
The general statute of limitations in New Hampshire is three years on most personal actions (RSA 508:4), which courts have applied to many consumer-debt claims. For sales of goods governed by the Uniform Commercial Code, the limit is four years (RSA 382-A:2-725), which often applies to credit-card and store-card debts depending on how the case is pled. The clock typically begins running from the date of last payment or default. Once the limitation period has run, the debt is time-barred and you have a complete defense, but you must affirmatively raise it in your answer. A time-barred debt is still a debt the collector can ask you to pay, but suing on or threatening suit on a time-barred debt violates the FDCPA and likely RSA 358-C. If you are unsure of dates, request validation under FDCPA 15 U.S.C. § 1692g and pull your credit reports to identify the original charge-off date. Be careful with partial payments and written admissions, which may restart the period.
What does RSA 358-C cover that the federal FDCPA does not?
RSA 358-C is New Hampshire's state debt collection statute. It mirrors much of the federal FDCPA but in some respects reaches further. The federal FDCPA generally only applies to third-party collectors and debt buyers, while RSA 358-C is written more broadly and has been applied in situations involving creditors directly collecting their own debts and other actors that are outside the federal definition. RSA 358-C creates a private right of action for unfair, deceptive, or unreasonable collection practices, with actual damages plus attorney fees. Layering RSA 358-C against the collector with RSA 358-A claims against the underlying business and FDCPA claims against the debt buyer can substantially increase the settlement value of a case. The New Hampshire Consumer Protection and Antitrust Bureau within the Department of Justice also enforces these statutes and accepts written complaints. Even when the federal FDCPA does not apply, you may still have meaningful state-law claims.
What is the New Hampshire Consumer Protection Act (RSA 358-A) and how do treble damages work?
RSA 358-A, the New Hampshire Consumer Protection Act, prohibits unfair or deceptive acts or practices in trade or commerce. It provides a private right of action allowing consumers to recover actual damages, costs, and attorney fees. Critically, if the court finds the violation was willful or knowing, damages are doubled or trebled. The minimum award is $1,000 per violation. The combination of mandatory fee shifting and enhanced damages gives RSA 358-A real teeth and creates settlement leverage that the federal FDCPA alone does not. Practical examples include collection conduct involving false statements about the amount owed, threats of legal action the collector did not intend to take, contacting third parties about the debt, harassing telephone calls, and continued collection after receiving a written dispute without proper validation. New Hampshire courts have applied RSA 358-A to a wide range of business practices, and even an honest mistake by a business does not avoid liability if the conduct was misleading.
I received a collection lawsuit in New Hampshire District Division. What do I do first?
Open the papers immediately and note the response deadline. In the District Division of the Circuit Court you typically must file an appearance and answer within 30 days of service. If you do not respond, the court can enter a default judgment for the full amount claimed plus costs and interest. First, verify service was proper. Second, check the statute of limitations against the date of last payment shown on your credit report. Third, look at the standing of the plaintiff: if a debt buyer is suing, demand the complete chain of assignments, the original signed agreement, and itemized statements showing how the balance was calculated. Fourth, raise FDCPA and RSA 358-C counterclaims if the collector engaged in misleading conduct. Fifth, raise RSA 358-A as appropriate. Always file your appearance and answer on time; a default judgment is much harder to undo than a case defended on the merits.
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 New Hampshire?
The 30-day New Hampshire 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 New Hampshire state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in New Hampshire for guidance on your specific case.
Get Your Free LVNV Funding LLC Case Review in New Hampshire
Our attorney will review your LVNV Funding LLC lawsuit and explain your options in New Hampshire. Free consultation.
Attorney-negotiated settlements available now. Act fast - creditors are calling.