Debt Collecter

[kcnalp]

I have been sued for a debt by debt collector LVNV Funding LLC. Can they actually win a lawsuit for a debt that I never owed them? The debt is from about five years ago. The original debt was to Fingerhut. Thanks.

 

[Zigner]

In the US, debts can be sold to collectors. What US state are you in?

 

[adjusterjack]

I have been sued

Does that mean you have been served a court summons and complaint or just been threatened with a lawsuit?

You'd be surprised at how many people can't tell the difference.

Your state matters because some states have statutes of limitations shorter than 5 years.

 

[LdiJ]

I have been sued for a debt by debt collector LVNV Funding LLC. Can they actually win a lawsuit for a debt that I never owed them? The debt is from about five years ago. The original debt was to Fingerhut. Thanks.

Something similar happened to me. I never opened a Fingerhut account (never would I think their products are garbage) but somehow they came up with a debt in my name. I demanded verification every time I was contacted by a collection agent and they were never able to verify the debt. However, they kept selling it on to other collection agencies so it kept going on and on.

 

[Zigner]

Something similar happened to me. I never opened a Fingerhut account ....

The OP didn't say that they didn't buy stuff from Fingerhut. The OP's question is (in essence): "Can a debt be sold to a debt collector?"

 

[LdiJ]

The OP didn't say that they didn't buy stuff from Fingerhut. The OP's question is (in essence): "Can a debt be sold to a debt collector?"

The OP said:

"Can they actually win a lawsuit for a debt that I never owed them"

 

[PayrollHRGuy]

"Can they actually win a lawsuit for a debt that I never owed them"

The OP's wording indicates the "they" in that sentence refers to the collection agency.

 

[Taxing Matters]

I have been sued for a debt by debt collector LVNV Funding LLC. Can they actually win a lawsuit for a debt that I never owed them? The debt is from about five years ago. The original debt was to Fingerhut. Thanks.

I'll assume here that you did have a debt with Fingerhut that you did not pay. Creditors can, and often do, sell the debts they have to collection agencies for a fraction of the face value of the debt on the idea that getting something for those nonpaying accounts is better than nothing and letting the collection agency do the work of hunting down the debtor and extracting payment. Once the collection agency owns the debt, it may sue you to get a judgment on the debt, just like the original creditor may do. So in that situation the answer to your question whether LVNV can actually win is that yes, it can win, if it can prove the debt to the court.

 

[zddoodah]

I have been sued for a debt by debt collector LVNV Funding LLC. Can they actually win a lawsuit for a debt that I never owed them?

If you owe money to ABC Company, then ABC Company can successfully sue you for the debt. If ABC Company assigns the debt to XYZ Company, then XYZ Company can successfully sue you for the debt because of the assignment.

In your situation, it sounds like you owed money to Fingerhut and Fingerhut has assigned the debt to LVNV Funding LLC, which has now sued you. Does the summons and complaint that were served on you allege that Fingerhut assigned the debt to the plaintiff?

The OP said:

"Can they actually win a lawsuit for a debt that I never owed them"

While I realize that it can be somewhat confusing now that everyone seems to be using "they" and "them" in place of every other pronoun, when read in context -- "I have been sued for a debt by debt collector LVNV Funding LLC. Can they actually win a lawsuit for a debt that I never owed them?" -- the only plausible interpretation of the OP's post is that the antecedent of "they" and "them" is LVNV Funding LLC.

 

[quincy]

I have been sued for a debt by debt collector LVNV Funding LLC. Can they actually win a lawsuit for a debt that I never owed them? The debt is from about five years ago. The original debt was to Fingerhut. Thanks.

What is the name of your state? When did you last pay on your Fingerhut debt (exact date)?

 

[kcnalp]

In the US, debts can be sold to collectors. What US state are you in?

Indiana

 

[quincy]

Indiana

Indiana has a six year statute of limitations for debt collections - and a ten year statute of limitations for collecting on a judgment awarded in a debt collection lawsuit.

In other words, the Fingerhut debt is still collectible.

Did you ever acknowledge the debt in writing or did you ever make a voluntary payment on the debt within the last 5 years?

How much do you owe?

If you have been served with a summons and complaint, you will want to “answer” or respond to the complaint. And you will want to appear in court at the scheduled time for the hearing.

If you don’t answer the complaint and you don’t appear in court, a default judgment can be entered against you. The judgment allows the judgment-creditor to attach assets, freeze your bank accounts, garnish your wages to satisfy the debt.

 

[kcnalp]

Indiana has a six year statute of limitations for debt collections - and a ten year statute of limitations for collecting on a judgment awarded in a debt collection lawsuit.

In other words, the Fingerhut debt is still collectible.

Did you ever acknowledge the debt in writing or did you ever make a voluntary payment on the debt within the last 5 years?

How much do you owe?

If you have been served with a summons and complaint, you will want to “answer” or respond to the complaint. And you will want to appear in court at the scheduled time for the hearing.

If you don’t answer the complaint and you don’t appear in court, a default judgment can be entered against you. The judgment allows the judgment-creditor to attach assets, freeze your bank accounts, garnish your wages to satisfy the debt.

I'm 73 and retired. Can they attach my pension?

 

[quincy]

I'm 73 and retired. Can they attach my pension?

If money from your pension is deposited in your bank account, it is vulnerable to a collection action - but the pension itself cannot be garnished (handed over to the judgment-creditor directly) as would be the case with income earned from employment.

Depending on your income, it is possible that you are judgment-proof and the creditor cannot collect - but you would need to see a professional in your area for a personal review of your financial situation and your assets.

 

[quincy]

Here is a link to Indiana legal services available for free to eligible individuals:

https://www.indianalegalservices.org