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Debt collectors

LVNV Funding

A letter, a call or a credit report line from LVNV Funding usually means an old account was sold. Here is who LVNV is, why it says you owe it, your rights, what to do if it sues, and your options.

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Who is LVNV Funding?

LVNV Funding is a debt buyer. Its own website (LVNV Funding company site, opens in a new tab) explains that when a lender gives up on an account and charges it off, it may sell the account, and you then owe the debt to the new owner. LVNV does not usually contact you itself. It hands its accounts to Resurgent Capital Services, a licensed debt collector.

A Maryland appeals court described the setup the same way: LVNV buys and holds title to debts (Maryland Court of Special Appeals, opens in a new tab), and its affiliate Resurgent files the collection suits. A 2012 Maryland settlement describes both companies as part of a family of companies under Sherman Financial Group.

That 2012 settlement (Maryland State Collection Agency Licensing Board (copy hosted by NCLC), opens in a new tab) followed a Maryland regulator's order alleging unlicensed collection activity and other violations. LVNV and Resurgent agreed to pay a $1 million penalty and to dismiss 3,564 pending court cases in the state. We found no CFPB or FTC enforcement action against LVNV itself.

None of that makes your debt invalid. It is a good reason to check every detail before you pay.

Why is LVNV Funding contacting you?

Usually because an account you once had went unpaid and was sold. It may have been a credit card, a store card or a loan. LVNV's site says it plainly: after a charge-off, some creditors sell the account (LVNV Funding company site, opens in a new tab), and the debt does not go away.

The letter may come from Resurgent or from a collection agency working with it, not from LVNV. Many people first see the name on a credit report instead.

Before you pay or promise anything, check the validation notice (CFPB, opens in a new tab) against your own records.

  • The name of the original creditor, and the account number.
  • The amount owed on a set date, and any interest, fees, payments or credits since.
  • The date your 30-day dispute window ends.
  • How to dispute the debt, in writing.

What are your rights when LVNV or Resurgent contacts you?

Resurgent's own site carries the notice that its messages come from a debt collector (Resurgent company site, opens in a new tab). That means the Fair Debt Collection Practices Act and its rule, Regulation F, apply. Debt buyers are covered too: the CFPB lists debt buyers among debt collectors (CFPB, opens in a new tab).

If a caller will not send a written notice, or asks you to pay by gift card or wire, treat it as a possible scam and do not pay.

What if LVNV Funding sues you?

Debt buyers do go to court. In the Maryland case, the court noted that Resurgent typically files suit (Maryland Court of Special Appeals, opens in a new tab) to collect debts LVNV owns. The lawsuit may name LVNV Funding as the plaintiff even though you never dealt with it.

A lawsuit has a deadline. If you do not respond, the court can rule against you without hearing your side.

  1. Read the papers and find the deadline to respond. Do not ignore them.
  2. Check the age of the debt. A suit on time-barred debt breaks federal law, but you usually have to raise it in court (CFPB (CFPB, opens in a new tab)).
  3. Check that the amount and the original creditor match your records.
  4. Consider finding a lawyer (CFPB, opens in a new tab) or legal aid before the deadline.

Settlement talks do not pause a court deadline. Only the court, or a written agreement filed with it, changes the case.

Can you settle an LVNV Funding account for less?

Often, yes. Resurgent's own site says it may be able to resolve your debt (Resurgent company site, opens in a new tab) for less than you owe. How much less depends on the account, and nothing is certain.

Debt buyers often pay little for accounts. An FTC study found they paid about 4 cents on the dollar (FTC, opens in a new tab) on average. What a buyer paid does not set what it will accept from you.

  1. Check how old the debt is first. A payment, or agreeing you owe an old debt, may restart the clock.
  2. Get the settlement terms in writing before any money moves.
  3. Make sure the letter says the payment settles the account in full.
  4. Pay from an account you control, never by gift card or wire, and keep the proof.
  5. Expect a possible Form 1099-C (IRS, opens in a new tab) if $600 or more is forgiven.

What would Clear Financial do with an LVNV account?

If you have $10,000 or more of unsecured debt in total, an LVNV account can be enrolled with your other debts. We would ask for validation of the debt first, then negotiate it like any other account. You approve any settlement before a dollar is paid1.

If LVNV has already sued you, talk to an attorney about the case. We do not give legal advice, and settlement does not stop a lawsuit on its own.

Things you should know

The downsides, stated plainly.

Read these before you enroll anywhere, including with us. They apply to every debt settlement program.

  • Your credit score will drop during the program, and late payments stay on your credit report.
  • Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
  • Interest and late fees can keep adding to your balances until each account settles.
  • Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
  • Fees apply. The fee is a percentage of your enrolled debt, set individually, and charged only after a settlement is reached.
  • Not all creditors agree to settle, and not everyone completes the program.
  • We do not guarantee any amount, percentage or timeline.
  • Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
  • We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.

Notes on the figures and claims above

  1. 1Whether an account settles, and for how much, depends on the collector and the account. Not all debts settle. A settled account is reported as settled for less than the full balance, and forgiven debt may be taxable. Fees apply to accounts settled through our program.

Straight answers

LVNV Funding, straight answers.

Rather hear it from a person? 866-659-7966

Is LVNV Funding a real company?

Yes. It is a debt buyer whose accounts are managed by Resurgent Capital Services, a licensed debt collector. Scammers sometimes use real names, so ask for the written validation notice before you pay.

Why is LVNV Funding on my credit report?

Usually because it bought an old account of yours after the lender charged it off. If the entry is wrong, or is not your debt, you can dispute it with the collector and the credit bureau.

Can LVNV Funding sue me?

Yes, if the debt is valid and within the statute of limitations in your state. If you are served, respond by the court deadline and consider talking to a lawyer.

Will LVNV Funding settle for less than I owe?

Often, especially for a lump sum, but nothing is guaranteed. Get any agreement in writing before you pay, and check the age of the debt first.

Next step

More than one account in collections?

Check your state and see an illustrative estimate across all your unsecured debt, fee included. Nothing is signed until you say yes.

Online enrollment is open in Florida, Georgia, Texas and California.

Four short steps

Your estimate first. Contact details last.

  1. 1How much you owea close guess is fine
  2. 2What kinds of debtpick all that apply
  3. 3Which state you live inchecked before anything else
  4. 4Your estimate, then a real person if you want one
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