Sued by LVNV Funding LLC in Wyoming? Here's What to Do Next
Wyoming RESPONSE DEADLINE
20 Days
from the date you were served
STATUTE OF LIMITATIONS
8 Years
for typical LVNV Funding LLC debts in WY
WAGE GARNISHMENT
Allowed — up to 25%
What Wyoming consumers say about LVNV Funding LLC
In the last 24 months, 31 Wyoming residents filed CFPB complaints naming LVNV Funding LLC (across Resurgent Capital Services and CL Holdings). 94% of these complaints involve debt collection; 6% involve credit reporting or other personal consumer reports.
Most common complaint categories:
- 9 Attempts to collect debt not owed
- 9 Written notification about debt
- 3 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.
Wyoming-Specific Defenses Against LVNV Funding LLC
Statute of Limitations Defense
In Wyoming, the statute of limitations for credit card debt is 8 years. If your last payment was more than 8 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 Wyoming 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.
Wyoming Wage Garnishment Exemptions
Federal limits apply. 75% of disposable earnings or 30x minimum wage exempt.
Wyoming Consumer Protection Act
In addition to the federal FDCPA, Wyoming's Wyoming Consumer Protection Act may provide additional protections and remedies against LVNV Funding LLC's collection practices.
Wyoming Court System
Small claims limit $6,000. Circuit court handles larger civil cases. District court for complex matters. Filing fees in Wyoming typically range $50-$200.
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 Wyoming
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 8 |
| Medical | 8 |
| Auto | 8 |
| Personal Loan | 8 |
| Written Contract | 10 |
| Oral Contract | 8 |
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 Wyoming?
20 days from service.
What is the SOL in Wyoming?
8 years for most debts. 10 years for written contracts.
Can wages be garnished?
Yes. Federal limits apply.
Where are cases filed?
Small claims up to $6,000. Circuit court for larger amounts.
What is the statute of limitations on debt in Wyoming?
Wyoming has one of the longest statutes of limitations on written contracts in the country: ten years under Wyo. Stat. § 1-3-105(a)(i). For oral contracts, it is eight years under § 1-3-105(a)(ii). However, most credit card cardholder agreements designate the law of another state (often Delaware, South Dakota, or Utah), and Wyoming courts can apply that state's shorter statute of limitations under choice-of-law principles or Wyoming's borrowing statute, Wyo. Stat. § 1-3-117. This means in practice, the effective limitations period for credit card debt in Wyoming is often three to six years, depending on the cardholder agreement. 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. If you are sued on an old debt, raise both Wyoming's limitations period and any shorter period from choice-of-law as defenses in your answer; the defense is waived if not raised.
How much of my wages can a debt collector take in Wyoming?
After a judgment, Wyoming follows the federal garnishment cap under Wyo. Stat. § 1-15-408. A creditor can take the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings means what is left after legally required deductions like federal taxes and Social Security, not voluntary deductions. Wyoming does not provide enhanced wage protections beyond the federal floor for general consumer debts. Government debts like child support, federal student loans, and taxes follow different and sometimes higher caps under federal law. Wyoming exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, workers compensation, and most retirement benefits. You can file a claim of exemption with the court using the form provided with the garnishment notice. Active-duty servicemembers have additional protections under the federal Servicemembers Civil Relief Act.
Is a debt collector required to be licensed in Wyoming?
Yes. Under Wyo. Stat. § 33-11-101 et seq., collection agencies operating in Wyoming must be licensed by the Wyoming Collection Agency Board, a regulatory body that oversees collection agency conduct, and must post a surety bond. You can verify a collector's status by contacting the Wyoming Collection Agency Board, which operates under the Wyoming Department of Audit. If a collector contacting or suing you is not licensed and bonded as required, that itself is a violation and can support a complaint to the Board, the Attorney General's Consumer Protection Unit, and potentially a defense in a collection action. The licensing requirement applies 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 general consumer protection law. Operating as an unlicensed collection agency in Wyoming is also subject to civil penalties and potentially criminal sanctions.
I was sued in Wyoming small claims court. What should I do?
Wyoming small claims court, under Wyo. Stat. § 1-21-201, handles civil cases up to $6,000. The procedure is faster and less formal than circuit court or district court. The summons will tell you a specific court date. Show up. If you fail to appear, the court will enter a default judgment for the collector. Bring any documents you have, including the original contract if available, payment records, and any communications from the collector. Make the debt buyer prove they own the debt by asking the judge to require the bill of sale, the chain of assignments from the original creditor to the current plaintiff, and the original cardholder agreement. Many small claims debt buyer cases collapse when the plaintiff appears with only a one or two page affidavit. Raise affirmative defenses orally, including statute of limitations, lack of standing, failure to be licensed under the Wyoming Collection Agency Act, and federal FDCPA violations. Either party can appeal a small claims judgment to circuit court within a short timeframe.
Can I sue a debt collector in Wyoming for violations?
Yes. The federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692k, allows you to sue an abusive third-party debt collector for actual damages, statutory damages up to $1,000 per lawsuit, and attorney fees and costs. Common violations include calling repeatedly, calling at unreasonable hours (before 8 a.m. or after 9 p.m. local time), threatening lawsuits the collector does not intend to file, misrepresenting the amount or character of the debt, contacting third parties about your debt, and continuing to collect after a written cease and desist or written dispute. The Wyoming Consumer Protection Act, Wyo. Stat. § 40-12-101 et seq., provides additional remedies under state law for deceptive practices in consumer transactions, and § 40-12-108 creates a private right of action. The Wyoming Collection Agency Act provides administrative remedies through the Wyoming Collection Agency Board. Keep records of every call, every letter, and every voicemail. The one-year FDCPA statute of limitations runs from the date of the violation, so do not wait to consult a consumer protection attorney.
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 Wyoming?
The 20-day Wyoming 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 Wyoming state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Wyoming for guidance on your specific case.
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