If You Are Being Sued By LVNV Funding Just Remember These Words..

Volenti non fit injuria and Contributory Negligence or Comparative Negligence and Unjust Enrichment

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.

Make sure you read the Legal Disclaimer.

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