Having done some research today on LVNV Funding it does appear that they try to hide behind Resurgent Capital to mask their collection agency status. LVNV Funding will fight tooth and nail to not have a judgment issued identifying them as a collection agency. That is why they have so many different layers of corporate protection.
The way that they do it is LVNV Funding buys old debts and turns them over to Resurgent Capital who in turn farms them out to other collection agencies. If you receive a notice from another third party collection agency they will they will always display Resurgent Capital Services LP as the “creditor”. This ploy is used to shield LVNV Funding and the Sherman Group.
If you are receiving letters identifying Resurgent Capital Services LP or LVNV Funding you really need to check your Credit Reports. This will also help you identify the real source of their collection activities and may help you identify some of the abuses that Junk Debt Buyers use to try to collect on debts that they cannot verify.
It is a tricky line to walk but if you take your time and do some due diligence you should be able to get them off your Credit Report and maybe even pick up some pocket change along the way.
I have done some research on LVNV Funding Lawsuits today and have found some very interesting bolgs and websites dealing with LVNV Funding Lawsuits. Most are consumers like me trying to get the word out about LVNV Funding, Llc.
One of the best ones I have seen where Heather talks about her struggles with LVNV Funding and their sister companies. While she has not updated it in a while I will contact her if I can and see if she would like to have her case featured here.
Christine over at Credit Suit thinks she is a pro when dealing with LVNV Funding Lawsuits and she may be as she seem to like to sue collection agencies a lot. Just remember she is not an attorney and be real careful if you follow her advice.
If you want to see all the cases filed against LVNV Funding this site is bringing them all to light. It lloks like it updates almost daily with all of the recent lawsuits LVNV Funding Llc has filed against them.
If you raise these a defense to a lawsuit by them it will have their attorney scratching their head. Most collection agencies and Junk Debt Buyers use the cheapest attorney they can find to attempt to get a default judgments. A default judgment is hard to get over turned unless they blow service.
If you are properly served by them, they deliver the notice of suit to you through a service agent or mail, then you must raise a defense less suffer a default judgment. Besides the fact that they will attempt to use false affidavits to prove the debt that they claim you owe they are not entitled to recover damaged they inflicted upon themselves.
Volenti non fit injuria basically states that a willing participant to an act cannot recover damages for an act that they volunteered for. A good example is a boxer cannot sue his opponent because his nose was broken in the match. He was a willing participant. Just as LVNV Funding purchases a non performing asset without you inducing them to do so, you have not caused them any harm they willingly purchased the defaulted account. Which is a perfect lead in for.
Contributory Negligence or Comparative Negligence. Contributory Negligence is an absolute defense and only applies in certain jurisdictions where as Comparative Negligence limits the scope of recovery based on how much the plaintiff is responsible for the damage. These defenses basically do not allow a plaintiff to recover when they caused their own harm. So if LVNV Funding purchased an account that was defaulted and deemed non collectible by the original creditor then they have caused their own damage. If they pay $20 for a $2000 dollar charged off account the only real loss that they may have claim to is $20 which leads us to.
Unjust Enrichment says that if you receive more than what is entitled then you must make restitution. It is not commonly a defense but used to recover money when a mistake is made on part of the part of the plaintiff. As a defense I would use it as a denial such as the plaintiff is not entitled to Unjust Enrichment. Meaning that they cannot claim a loss greater than their actual “real” cost. So in the example above for them to claim a loss of $2000 when they only paid $20 would be Unjust Enrichment for LVNV Funding.
There are so many roads that this leads down and if you do some due diligence you should be able to get any rent a lawyer that LVNV Funding hires to throw his hands in the air and dismiss the case. Just make sure you ask that it is dismissed with prejudice which means that they cannot try to reassert the claim, nor can any other future Junk Debt Buyer.
LVNV Funding, Llc uses Credit Report poisoning as one of their tools to collect debt that is outside of statute of limitations. I was recently contacted by a collection agency that they farm things out to before trying to work an account in house with their internal collection agency Resurgent Capital. In doing a little more research I discovered that they have poisoned my Credit Report.
The way they poison Credit Reports is by changing the date of first major delinquency. Not only is this a violation of the Fair Debt Collection Practices Act it is also a violation of the Fair Credit Reporting Act. If you will look at their entry on my Credit Report you will see the date of last activity listed as 7/2005 with the date of first major delinquency as 8/2007. It is a physical impossibility for the date of first major delinquency to be over two years after the date of last activity, unless we are traveling in a space time continuum. The reason they manipulate the date of first major delinquency is because it resets the seven year reporting period. Meaning that negative credit stays on your Credit Report seven years from the first major delinquency and if they keep resetting this date from the actual date then they keep extending the seven year reporting period.
On the face it is not a Fair Credit Reporting Act claim unless they verify the information as accurate, but it is prima facie evidence of a Fair Debt Collection Practices Act Violation. Using a false or deceptive mean to attempt to collect a debt. It may also be construed as libel per se if your Credit Report is accessed by anyone with this denigrating information displayed to them. Especially if you were unable to receive credit or employment due to negative credit.
If you are being sued or harassed by LVNV Funding, Llc you need to order a copy of your credit report. You can then use this as a tool against them if you fight back.
This is not the only way to fight back against LVNV Funding but this should be your first step. Since Equifax is the major Credit Reporting agency in their location you can get a copy of it by visiting the Equifax website. Just click anywhere you Equifax.
Do not go into court with LVNV Funding without it. You can then raise this as a counter claim against them or use it as a negotiating tool.
Make sure you book mark this site so you can follow my progress with them. I will also show you some other things that you can raise against them if they are trying to collect from you in court. I am not an attorney so if you have a serious legal matter with them I do encourage you to seek legal advice. Just remember it is not the end of the world if a Junk Debt Buyer such as LVNV Funding is coming after you. Companies like this use so many illegal collection tactics that it is almost comical.
Midland Credit Management specializes in purchasing junk debt, old charged off accounts, that has been deemed noncollectable and usually outside of the statute of limitations to be enforced in a court of law. However this fact does not stop them from faming out collection activities to companies like FBCS Collection Agency.
There are a lot of rumors floating around that they are now trying to enter the arbitration game. If you receive a notice of arbitration from them make sure you fight them tooth and nail. Many times they do not have the information to back up their claims and use fraudulent affidavits to coerce people with paying them.
One thing you to keep in mind if you are being dunned for an account outside of the statute of limitations there is no way for them to enforce a claim of this nature through the courts or arbitration if you raise the objection. Statute of limitations is a valid defense, but you must raise it. Meaning that if you are presented with an arbitration request or are served to appear in court make sure you raise statute of limitations as a defense. I will be providing more information on Midland Credit Management and their unscrupulous business practices. Please bookmark this site and keep checking back.
The Commonwealth of Pennsylvania has a unique law as far as having companies served there. If a company maintains a physical address in the state of Pennsylvania then they are not required to maintain a registered agent. So if you are wanting to sue FBCS Collection Agency all you have to do is serve their physical address. Which means you can serve them via US Mail.
The correct mailing address for service of process is:
Federal Bond and Collection Agency, Inc
6801 FRANKFORD AVE
2ND FL
PHILADELPHIA PA 19135-2107
Joseph Neary Sr. - President
Joanne Neary - Treasurer
Joseph Neary Jr. - Vice President
FBCS Inc is a fictitious name. They probably have contacted you under the name FBCS which technically is probably a violation of collection agency laws. I know I will add it to my complaint when it is filed. Also if you are trying to resolve a matter with them prior to litigation you would probably be better off to skip over John Neary, because chance are he cannot make a decision anyway without dear dad Joe Sr. saying it is ok.
If you feel that your rights have been violated by FBCS Collection Agency you have several ways to get their attention. Dealing directly with John Neary (jonh.neary@fbcs-inc.com) at FBCS Collections will not help you resolve any matters you may have with them. That is the reason for them having a special section on this site.
You do not even have to have direct proof of their violation of collection agency laws to file complaints.
Federal Trade Commission Complaint Form - Filing a complaint with the FTC puts the federal government on notice that there may be a rouge collection agency on the loose. While they do not answer or investigate each complaint if they receive enough of them they will investigate FBCS Collections. If you have had 6 contacts with them and you feel that they violated collection agency laws in three of those contacts file 3 complaints.
Pennsylvania Office of Attorney General - They are located in Pennsylvania so they are licensed by their state. You do not have to be a resident of Pennsylvania to file a complaint to their licensing authority for their violations of Federal and State laws that govern collection agencies.
Your States Attorney General - Report them to your State’s Attorney General if they are not the right place to report them they will inform you of the proper place. You will also want to make sure they are licensed in your state. It may be a violation of your State’s Laws for them to even contact you if they are not licensed in your State.
The ACA - They are a member of the American Collections Association you need to report them for each suspected abuse that FBCS Collection Agency commits.
FTC Identity Theft Division - As there is information online of FBCS Agent abusing consumers financial info if you feel that any contact with them would place your personal Identity in jeopardy report it to the FTC Identity Theft Division as well as the complaint form above.
While it may take you a while to file complaints with all of these organizations you can book mark this page and file them in your spare time if you feel the FBCS Collection Agency has violated your rights or caused you to be a victim of Identity Theft. If you have found this site chances are you are having problems with them already and there is power in numbers the more complaints that come in the more that the agencies you report them to are likely to take notice and start enforcement action against FBCS Collection Agency.
The Fair Debt Collection Practices Act makes it illegal to threaten actions that they have no intention of taking. So if a collection agent refers to an out of court settlement of a debt that would imply that they have sued you. While technically any time you pay off a collection account voluntarily it is an out of court settlement but the Fair Debt Collection Practices Act uses the standard of the least sophisticated consumer. So for them touse the term “out of court settlement” without a court case being filed against you is an attempt to use deceptive means to collect a debt.
America’s Dumbest Collection Agent did exactly this when I contacted FBCS Collection Agency. She kept urging me to clear this debt legally and accept the out of court settlement. Personally I would NEVER pay a collection agency and the alleged debt that Federal Bond and Collection was attempting to collect from me has been paid. I had contacted them to resolve it and the young lady I spoke with and their collection manager both violated the Fair Debt Collection Practices Act, the national collection agency law, without letting me get in a word edgewise.
Keep checking back to keep up with FBCS Collection Agency and their illegal antics as I will be exposing them with all of the information I can find as well personal experience.
I found this interesting tidbit on the Bud Hibbs site regarding FBCS Collections :
Date: January 19, 2007
This Company is a SCAM I worked for Federal Bond and Collection Services aka FBCS for over a year. They are professional liars they will say anything to get your money. The company KNOWINGLY breaks the FDCPA every day. EVERY employee is on some kind of illegal substance. They hire people fresh out of prison regardless of their crime. Employees have been caught committing credit card fraud with consumers credit cards, when these people are caught they will be fired for a few months and brought back. Every person in there goes by a “dummy name” which is completely made up. Not only do they rip off consumers they rip off their own employees! Every day you go to work they change rules and then change them back within the hour. “Joe Senior” mentioned in a previous article is the owner, who is never there. They place people in managerial positions who have NO SKILLS AT ALL! The company is run by money hungry low lifes! This place is a circus to work in.
Although there is no way to verify this information giving a collection agency your credit card number or bank account info for any reason is asking for trouble. You have to go throuh a process if your personal financial information is misused and it may cause you tons of grief and expense if a rouge collection agent abuses your information. If you are being contacted by any collection agency you need to look into Identity Theft Protection Products. Collection agents for the most part unmonitored and are subject to misuse your personal financial information.
Personally I would never pay a collection agency but if you feel that you must only do so via money order. Even if they say that the offer is only good right now. Do not let a collection agent or collection manager talk you into giving them your banking or credit card info. you may be sorry that you did.
Becoming America’s Dumbest Collection Agent should probably be a tough bill to fill. One would think that a collection agent for a company that claims to be as professional as Federal Bond and Collection Service would have at a minimum the same vocabulary as a fourth grade child. The lady who wins the award does not know that a hyphen and a dash are synonyms. Where as my nine year old son in the fourth grade does.
One thing I find interesting is that FBCS Collections would employ someone, to handle money and confidential personal information, who does not have the ability to communicate above the level of a fourth grade student. This young lady does know how to attempt to intimidate people using poorly designed veiled threats, which is against the law.
Listen to her violate the law and make a fool of herself:
The Fair Debt Collection Practices Act protects consumers against unscrupulous collection agents and agencies. It provides protections for consumers and allows them to sue collection agencies when they violate the law. I will dedicate this section of this site to exposing FBCS Collections and their long history of abusing consumers.
If you are dealing with them my best advice is to send them a Cease and Desist order. You must do this in writing for it to be fully effective. In writing does not mean mail exclusively. You can fax it to them at 215-288-9101 or use the form on their website. After they receive a cease and desist order from you they are allowed one more contact and that is it. Anything after that is a violation of the Fair Debt Collection Practices Act.
