Sued by LVNV Funding LLC in Wisconsin? Here's What to Do Next
Wisconsin RESPONSE DEADLINE
20 Days
from the date you were served
STATUTE OF LIMITATIONS
6 Years
for typical LVNV Funding LLC debts in WI
WAGE GARNISHMENT
Allowed — up to 20%
What Wisconsin consumers say about LVNV Funding LLC
In the last 24 months, 529 Wisconsin residents filed CFPB complaints naming LVNV Funding LLC (across Resurgent Capital Services and CL Holdings). 78% of these complaints involve debt collection; 22% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 156 Attempts to collect debt not owed
- 84 Took or threatened to take negative or legal action
- 74 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.
Wisconsin-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In Wisconsin, 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 Wisconsin 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.
Wisconsin Wage Garnishment Exemptions
Only 20% of disposable earnings. Wisconsin is more protective than federal law.
Wisconsin Consumer Act
In addition to the federal FDCPA, Wisconsin's Wisconsin Consumer Act may provide additional protections and remedies against LVNV Funding LLC's collection practices.
Wisconsin Court System
Small claims limit $10,000. Circuit court handles larger civil cases. Filing fees in Wisconsin 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 Wisconsin
| 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 Wisconsin?
20 days from service.
What is the SOL?
6 years for all contract types.
Can wages be garnished?
Yes, but only 20% — more protective than federal law.
Does Wisconsin have its own consumer law?
Yes. The Wisconsin Consumer Act provides significant protections for consumers in debt collection.
What is the Wisconsin Consumer Act and how does it help me?
The Wisconsin Consumer Act (WCA), Wis. Stat. Ch. 421-427, is a comprehensive consumer protection statute that regulates consumer credit transactions and debt collection in Wisconsin. Unlike the federal FDCPA, the WCA applies to both third-party debt collectors and original creditors collecting their own consumer debts. Wis. Stat. § 427.104 prohibits a long list of conduct including: threats of force or violence, threats of criminal prosecution, communicating with the consumer's employer (with limited exceptions), use of obscene or threatening language, harassing or repeated communications, false or misleading representations about the debt, and use of unfair or unconscionable means. Remedies under Wis. Stat. § 425.301-308 include actual damages, statutory penalties of $100-$1,000 per violation, attorney fees, and equitable relief such as voiding the debt. The Wisconsin Department of Justice and Department of Agriculture, Trade and Consumer Protection both have enforcement roles, and consumers can also bring private actions.
How much of my wages can a debt collector take in Wisconsin?
Wisconsin provides more wage protection than the federal floor. Under Wis. Stat. § 812.34, for general consumer debts after a judgment, a creditor can take only 20% of your disposable earnings, compared to the federal 25%. Wisconsin also exempts the first $26.50 per week of disposable earnings, and the amount necessary to keep you above the federal poverty line for your household size. Disposable earnings means what is left after legally required deductions like federal and state taxes and Social Security. Government debts like child support, taxes, and federal student loans follow different and sometimes higher caps under federal law. Wisconsin also exempts certain categories of income entirely from garnishment under Wis. Stat. § 815.18, including Social Security, SSI, veterans benefits, unemployment compensation, workers compensation, and most retirement benefits. You can file an Earnings Garnishment Exemption Notice claim to assert exemptions and reduce the garnishment if it would cause hardship.
What is the statute of limitations on debt in Wisconsin?
Wisconsin's general statute of limitations on a written contract is six years under Wis. Stat. § 893.43, and most consumer credit transactions, including credit cards, fall under this period. However, Wis. Stat. § 425.207 provides a special statute of repose that bars collection actions on consumer credit transactions after the limitations period ends, with no revival even if you make a payment. This is one of the strongest anti-zombie-debt provisions in the country: in Wisconsin, a payment on a time-barred consumer debt does not restart the clock. For out-of-state creditors, Wisconsin's borrowing statute, Wis. Stat. § 893.07, can apply the limitations period of the state where the cause of action arose if that period is shorter. Many credit card agreements designate other states' law, often with shorter periods. If you are sued on a debt past the applicable limitations period, raise statute of limitations as an affirmative defense in your answer; the defense is waived if not raised.
Is the debt collector required to be licensed in Wisconsin?
Yes. Under Wis. Stat. § 218.04, collection agencies operating in Wisconsin must be licensed by the Wisconsin Department of Financial Institutions and post a $5,000 surety bond. You can verify a collector's license using the DFI's online licensee search at dfi.wi.gov. If a collector contacting or suing you is not licensed, that itself is a violation and can be raised as a defense or counterclaim, in addition to being a violation of the Wisconsin Consumer Act under Wis. Stat. § 427.104(1)(j) (use of unfair or unconscionable means). 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 the substantive prohibitions of the Wisconsin Consumer Act. Operating as an unlicensed collection agency in Wisconsin can also be a criminal violation.
I was sued in Wisconsin small claims court. What should I do?
Wisconsin small claims court, under Wis. Stat. Ch. 799, handles civil cases up to $10,000. The procedure starts with a summons and complaint and an initial return date. Show up to the return date. If you do not appear, the court will likely enter a default judgment. If you appear and contest the case, the court will schedule a contested return date or trial. Even in small claims, you can serve written discovery under Wis. Stat. § 804 to request documents like the original cardholder agreement, the bill of sale, and the chain of assignments. Many debt buyer cases collapse when the plaintiff cannot produce these records. Raise defenses including statute of limitations, lack of standing, improper venue under Wis. Stat. § 421.401, failure to comply with WCA notice requirements, and any Wisconsin Consumer Act violations as counterclaims. Either party can appeal a small claims judgment to circuit court within 45 days for a trial de novo if the case is properly preserved.
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 Wisconsin?
The 20-day Wisconsin 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 Wisconsin state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Wisconsin for guidance on your specific case.
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