Sued by LVNV Funding LLC in Texas? Here's What to Do Next
Texas RESPONSE DEADLINE
14 Days
from the date you were served
STATUTE OF LIMITATIONS
4 Years
for typical LVNV Funding LLC debts in TX
WAGE GARNISHMENT
Not allowed in TX
What Texas consumers say about LVNV Funding LLC
In the last 24 months, 11,036 Texas 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:
- 3,056 Attempts to collect debt not owed
- 2,044 Took or threatened to take negative or legal action
- 1,498 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.
Texas-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In Texas, the statute of limitations for credit card debt is 4 years. If your last payment was more than 4 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 Texas 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.
No Wage Garnishment in Texas
Texas does not allow wage garnishment for consumer debts. This significantly limits what LVNV Funding LLC can do even with a judgment. While you should still file your Answer, this protection gives you stronger negotiating leverage.
Texas Debt Collection Act (TDCA) / Texas Deceptive Trade Practices Act (DTPA)
In addition to the federal FDCPA, Texas's Texas Debt Collection Act (TDCA) / Texas Deceptive Trade Practices Act (DTPA) may provide additional protections and remedies against LVNV Funding LLC's collection practices.
Texas Court System
Justice court handles cases up to $20,000. County court at law for larger cases. District court for amounts over $200,000. Filing fees in Texas typically range $50-$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 Texas
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 4 |
| Medical | 4 |
| Auto | 4 |
| Personal Loan | 4 |
| Written Contract | 4 |
| 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 do I have to respond in Texas?
By 10:00 AM on the first Monday after 20 days from service. Effectively about 14-20 days. This is one of the shortest deadlines.
What is the statute of limitations in Texas?
4 years for all types of debt. After 4 years, the debt is time-barred.
Can they garnish my wages in Texas?
No. Texas prohibits wage garnishment for consumer debts. This is one of the strongest protections in the country.
What is the Texas Debt Collection Act?
The TDCA provides additional protections beyond the federal FDCPA. It covers original creditors and third-party collectors and prohibits threats, deception, and unfair practices.
What can a creditor do with a Texas judgment?
While they cannot garnish wages, they can place liens on non-homestead property, levy non-exempt bank funds, and attempt to seize non-exempt assets.
Can a debt collector garnish my wages in Texas?
Generally no. Texas is one of the few states that prohibits wage garnishment for ordinary consumer debts, including credit card debt, medical bills, personal loans, and auto loan deficiencies, under Tex. Const. art. XVI § 28. The only exceptions are child support, court-ordered spousal maintenance, federal and state taxes, federally guaranteed student loans, and certain federal debts where federal law preempts state law. This is true even after a debt collector wins a judgment against you. The judgment can still be used to levy bank accounts (once wages are deposited and lose their character as wages, although Texas courts have generally protected wages even after deposit if traceable), place liens on non-homestead real property, and seize non-exempt personal property. If a debt collector threatens to garnish your wages in Texas, that threat itself can violate both the federal FDCPA and the Texas Debt Collection Act, which can entitle you to damages, attorney fees, and, under the DTPA, treble damages for knowing violations.
Is the debt collector required to be registered in Texas?
Yes. Tex. Fin. Code Ch. 392 requires third-party debt collectors to register with the Texas Secretary of State and post a $10,000 surety bond before collecting consumer debts in Texas. You can search the Secretary of State's database at sos.state.tx.us to verify whether a specific debt collector is registered. If a collector contacting or suing you is not registered and bonded, that itself is a violation of the TDCA and is actionable. Collecting in Texas without registration can also be a criminal misdemeanor under § 392.502. Note that the registration requirement applies to debt collectors as defined in the statute, which is broader than the federal FDCPA in some ways but also has its own exemptions. Original creditors collecting their own debts are not required to register, although they are still subject to most of the substantive prohibitions of the TDCA. A debt buyer that has purchased the account and is now collecting in its own name must register.
What is the statute of limitations on credit card debt in Texas?
Texas's statute of limitations on most consumer debts, including credit card debt, is four years under Tex. Civ. Prac. & Rem. Code § 16.004. The clock generally starts on the date of the first missed payment that was never cured, often referred to as the date of default. Under Tex. Fin. Code § 392.307, debt buyers are statutorily prohibited from suing or threatening to sue on debts past the limitations period, and any payment, written promise, or new agreement made after the limitations expires does not restart the clock. This is one of the strongest anti-zombie-debt provisions in the country. If you are sued on a debt that is past four years old measured from default, you should raise statute of limitations as an affirmative defense in your answer. The defense is waived if not raised. Texas also requires debt buyers to provide specific disclosures in court filings about the chain of title to the debt under § 392.307.
Can a debt collector take my house in Texas?
Almost never. Texas has one of the most powerful homestead exemptions in the country under Tex. Prop. Code § 41.001. Your primary residence is exempt from forced sale by general unsecured creditors, with no dollar cap, up to 10 acres in an urban setting or 100 acres rural for a single adult, and up to 200 acres rural for a family. This means a debt buyer who wins a credit card or medical debt judgment against you generally cannot force a sale of your home. The homestead exemption does not apply to certain debts secured by the home itself, including mortgages, home equity loans authorized by Tex. Const. art. XVI § 50, mechanic's and materialman's liens for work on the home, and property taxes. A judgment can still attach as a lien on non-homestead property like a vacation home or rental, and the judgment creditor can renew the judgment every ten years under Tex. Civ. Prac. & Rem. Code § 34.001.
I was sued in justice court in Texas. What do I do?
Justice court, sometimes called JP court, handles civil cases up to $20,000 in Texas under Tex. Gov't Code § 27.031. The summons (citation) will tell you the deadline to answer, which is typically 14 days from service in justice court under the Texas Rules of Civil Procedure for Justice Courts. File a written answer with the clerk by that deadline. The answer can be simple, denying the allegations and listing defenses such as lack of standing, statute of limitations, improper venue, failure to attach the contract, and noncompliance with the Texas Debt Collection Act including failure to register. Send a copy to the plaintiff's attorney. Justice court rules are more relaxed than district court, but you can still serve written discovery requests for documents like the original credit agreement, the bill of sale, and the chain of assignments. Many debt buyer cases collapse in justice court when the plaintiff cannot produce these records. Show up to every setting; default judgments are common against no-shows.
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 Texas?
The 14-day Texas 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 Texas state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Texas for guidance on your specific case.
Get Your Free LVNV Funding LLC Case Review in Texas
Our attorney will review your LVNV Funding LLC lawsuit and explain your options in Texas. Free consultation.
Attorney-negotiated settlements available now. Act fast - creditors are calling.