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.

Bud Hibbs does a good job with getting the word out about LVNV Funding as well.  You can see other consumer comments about LVNV Funding at his site. 

As you can see LVNV Funding is no stranger to the judicial process.

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.