Sued by LVNV Funding LLC in Washington? Here's What to Do Next
Washington RESPONSE DEADLINE
20 Days
from the date you were served
STATUTE OF LIMITATIONS
6 Years
for typical LVNV Funding LLC debts in WA
WAGE GARNISHMENT
Allowed — up to 25%
What Washington consumers say about LVNV Funding LLC
In the last 24 months, 689 Washington residents filed CFPB complaints naming LVNV Funding LLC (across Resurgent Capital Services and CL Holdings). 86% of these complaints involve debt collection; 12% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 264 Written notification about debt
- 161 Attempts to collect debt not owed
- 91 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.
Washington-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In Washington, 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 Washington 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.
Washington Wage Garnishment Exemptions
Greater of 75% of disposable earnings or 35x state minimum wage exempt. Washington's higher minimum wage provides strong protection.
Washington Consumer Protection Act (RCW 19.86) / Washington Collection Agency Act
In addition to the federal FDCPA, Washington's Washington Consumer Protection Act (RCW 19.86) / Washington Collection Agency Act may provide additional protections and remedies against LVNV Funding LLC's collection practices.
Washington Court System
Small claims limit $10,000. District court for larger cases up to $100,000. Superior court for larger amounts. Filing fees in Washington 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 Washington
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 6 |
| Medical | 6 |
| Auto | 6 |
| Personal Loan | 6 |
| Written Contract | 6 |
| 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 Washington?
20 days from service.
What is the SOL in Washington?
6 years for written contracts. 3 years for oral contracts.
How protective is Washington on garnishment?
Washington uses 35x state minimum wage as the floor, and WA has one of the highest minimum wages in the country, providing strong protection.
Does WA have a collection agency law?
Yes. The Washington Collection Agency Act requires collectors to be licensed and follow specific rules.
How much of my wages can a debt collector take in Washington?
Washington provides significantly more wage protection than the federal floor. Under RCW 6.27.150, for consumer debts after a judgment, a creditor can take the lesser of 20% of your disposable earnings or the amount by which your weekly disposable earnings exceed 35 times the state minimum wage. Because Washington's state minimum wage is substantially higher than the federal minimum wage, the protected floor is much higher than in most states. Disposable earnings means what is left after legally required deductions like federal taxes and Social Security. For private student loans and consumer debts to a financial institution, the limit is the lesser of 25% or amounts above 35 times the state minimum wage. Government debts like child support, federal student loans, and taxes follow different and sometimes higher caps. Washington also exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, and most retirement benefits under RCW 6.15.020.
Is a debt collector required to be licensed in Washington?
Yes. The Washington Collection Agency Act, RCW Ch. 19.16, requires collection agencies to be licensed by the Washington Department of Licensing and to post a $5,000 surety bond before engaging in collection activity in Washington. You can verify a collector's license using the Department of Licensing's online search at dol.wa.gov. If a collector contacting or suing you is not licensed, that itself is a violation of the Collection Agency Act and a per se violation of the Washington Consumer Protection Act, RCW Ch. 19.86, which allows treble damages up to $25,000 plus attorney fees. The licensing requirement applies broadly to third-party collection agencies and debt buyers collecting in their own name. Original creditors collecting their own debts are not required to be licensed, although they are still subject to other Washington consumer protection laws and federal FDCPA. Operating as an unlicensed collection agency in Washington is also a criminal misdemeanor.
What is the statute of limitations on debt in Washington?
Washington's statute of limitations on a written contract, which includes most credit card cardholder agreements, is six years under RCW 4.16.040(1). For oral contracts and open accounts, it is three years under RCW 4.16.080. For installment loans, the clock generally starts ticking on each missed payment, although most courts treat the full balance as due once the lender accelerates the loan. For out-of-state creditors, Washington's borrowing statute, RCW 4.18.020, applies the limitations period of the state where the claim accrued if that period is shorter. Washington also has consumer-protective rules about written acknowledgments of debt restarting the clock under RCW 4.16.270, which require a writing signed by the debtor to revive a time-barred debt. If you are sued on a debt past the applicable limitations period, you should raise statute of limitations as an affirmative defense in your answer. The defense is waived if not raised.
I have medical debt in collections in Washington. What protections apply?
Washington has enhanced protections for medical debt under RCW 19.16.260 and the Washington Charity Care Act, RCW 70.170. Hospitals and certain health care providers must screen patients for eligibility for charity care before turning accounts over to collections, and they cannot report a medical debt to a credit bureau or sue on it until certain notice and screening requirements are met. Medical debt collectors operating in Washington must comply with these requirements in addition to the general Collection Agency Act and federal FDCPA. The Washington Attorney General has brought multiple enforcement actions against hospitals and collectors for charity care violations. If you have medical debt in collections, ask the original provider whether you were screened for charity care before the account was sent to collections, and request your account be re-screened if not. Federal credit reporting rules now require a one-year delay before medical debt under $500 is reported, plus other restrictions. Document everything and consider filing a complaint with the Attorney General if a collector violates these rules.
Can I sue a Washington debt collector under the Consumer Protection Act?
Yes. The Washington Consumer Protection Act, RCW Ch. 19.86, prohibits unfair or deceptive acts in trade or commerce and creates a private right of action under RCW 19.86.090. A violation of the Washington Collection Agency Act, RCW Ch. 19.16, is a per se violation of the CPA. Successful plaintiffs can recover actual damages, attorney fees, and treble damages up to $25,000 in some cases. To win, you generally need to show the practice was unfair or deceptive, occurred in trade or commerce, affected the public interest, caused injury to your business or property, and there is a causal link between the practice and the injury. Common debt collection conduct that can support a CPA claim includes calling repeatedly, using false or misleading statements, threatening action the collector cannot or does not intend to take, contacting third parties about your debt, collecting from an unlicensed collector, and continuing to collect after a written dispute or cease and desist. Keep detailed records of all collector contacts.
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 Washington?
The 20-day Washington 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 Washington state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Washington for guidance on your specific case.
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