Sued by LVNV Funding LLC in New Jersey? Here's What to Do Next
New Jersey RESPONSE DEADLINE
35 Days
from the date you were served
STATUTE OF LIMITATIONS
6 Years
for typical LVNV Funding LLC debts in NJ
WAGE GARNISHMENT
Allowed — up to 10%
What New Jersey consumers say about LVNV Funding LLC
In the last 24 months, 2,057 New Jersey residents filed CFPB complaints naming LVNV Funding LLC (across Resurgent Capital Services and CL Holdings). 77% of these complaints involve debt collection; 23% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 719 Attempts to collect debt not owed
- 283 False statements or representation
- 252 Took or threatened to take negative or legal action
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 Jersey-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In New Jersey, 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 New Jersey 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 Jersey Wage Garnishment Exemptions
Only 10% of gross income for most debtors. If income is less than 250% of poverty level, wages are completely exempt. Very protective.
New Jersey Consumer Fraud Act
In addition to the federal FDCPA, New Jersey's New Jersey Consumer Fraud Act may provide additional protections and remedies against LVNV Funding LLC's collection practices.
New Jersey Court System
Small claims limit $5,000. Special civil part handles cases up to $20,000. Law division for larger amounts. Filing fees in New Jersey typically range $35-$300.
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 Jersey
| 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 to respond in New Jersey?
35 days from service — one of the longer deadlines, but do not wait until the last day.
What is the SOL in New Jersey?
6 years for all contract types.
How protective is NJ on wage garnishment?
Very protective. Only 10% of gross income can be garnished. If your income is below 250% of the federal poverty level, your wages are completely exempt.
What is the special civil part?
New Jersey's court for civil cases up to $20,000. Most consumer debt lawsuits are filed here.
Is Pressler Feltner active in NJ?
Yes. Pressler Feltner is one of the highest-volume debt collection filers in New Jersey.
How long does a creditor have to sue me on a debt in New Jersey?
New Jersey's statute of limitations on most consumer debts is six years (N.J.S.A. 2A:14-1), which includes credit-card debts and open-account claims. Sales of goods under the Uniform Commercial Code follow a four-year limit (N.J.S.A. 12A:2-725), which can apply to certain store-card and revolving accounts depending on how the case is framed. The clock generally begins running from the date of last payment or default. Once the limit has expired, the debt is time-barred and you have a complete defense, but you must affirmatively plead the defense in your answer. Time-barred debts can still be requested for voluntary payment, but suing or threatening suit on a time-barred debt violates the FDCPA. Watch out for partial payments and written acknowledgments, which can restart the clock under certain circumstances. If unsure of dates, send a written validation request under 15 U.S.C. § 1692g and check your credit reports for the original charge-off date.
What is the NJ Consumer Fraud Act and why is it so powerful in collection cases?
The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., is one of the most consumer-friendly statutes in the country. It prohibits any unconscionable commercial practice, deception, fraud, false pretense, false promise, or misrepresentation in connection with the sale of merchandise or services. The remedy structure is what makes it powerful: automatic treble damages on any ascertainable loss, plus mandatory attorney fees and costs to any prevailing consumer. The minimum award framework, the broad definition of unconscionable conduct, and the mandatory fee shifting combine to make the CFA a serious tool in collection counterclaims. New Jersey courts have applied the CFA to misrepresented balances, misleading collection letters, deceptive debt-validation responses, and a wide range of related conduct. Combining a CFA counterclaim with a federal FDCPA claim in the same answer can substantially shift the economics of a consumer-debt case and often opens the door to a favorable settlement.
I was sued in NJ Special Civil Part. What is my deadline to respond?
If you have been sued in the Special Civil Part of the Superior Court Law Division in New Jersey, you must file a written answer within 35 days of the date the summons and complaint were served on you. If you do not respond, the plaintiff can request a default judgment for the full amount claimed plus interest and costs, and once a judgment is entered the collector can pursue wage garnishment, bank levy, and property liens. The answer fee is modest and you can file pro se. Your answer should deny the debt, demand strict proof, and raise common defenses such as statute of limitations, lack of standing, lack of admissible business records, unconscionable commercial practice under the NJ Consumer Fraud Act, and FDCPA violations as appropriate. Default judgments in Special Civil Part can be vacated under R. 4:50-1 if you act quickly, particularly within months of entry, and can show excusable neglect or a meritorious defense.
How much of my paycheck can a New Jersey collector take?
New Jersey wage garnishment is more protective than the federal floor for lower-income workers. Under N.J.S.A. 2A:17-50, the garnishment cap is 10 percent of gross income for debtors with earnings under 250 percent of the federal poverty level, and up to 25 percent for higher earners, subject to the federal CCPA limits. Disposable earnings means earnings after legally required deductions. Federal benefits including Social Security, SSI, VA, and most federal pensions are fully exempt from garnishment by private creditors. To enforce a wage garnishment, a collector must first obtain a judgment, then apply to the court for a wage execution; you receive notice and have the opportunity to challenge the execution and claim exemptions. If a collector threatens immediate wage garnishment before judgment is entered, that is a misleading statement and may violate the FDCPA. Always demand to see the judgment and wage execution paperwork before treating any garnishment threat as legitimate.
Can a collector keep calling me after I tell them in writing to stop in New Jersey?
No. Under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692c(c), once you send a written cease-and-desist letter to a third-party debt collector, the collector is limited to a single additional contact to confirm receipt or to advise you of a specific action they intend to take. Continued collection calls after a written cease request are a per-se FDCPA violation, with statutory damages up to $1,000 per consumer plus actual damages and attorney fees. New Jersey collection regulations and the NJ Consumer Fraud Act may also reach this conduct, particularly where the calls are abusive or include misrepresentations. Always send cease-and-desist letters in writing, keep a copy, and send by a trackable method such as certified mail or USPS Priority with tracking. Save voicemails, screenshot call logs, and keep a contemporaneous log of every contact. That documentation is the foundation of a strong FDCPA counterclaim if collection continues.
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 Jersey?
The 35-day New Jersey 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 Jersey state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in New Jersey for guidance on your specific case.
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