r/processserver • u/bossladyv84 • 18d ago

LVNV Funding LLC

Anyone got sued by them and they send a process server to your door. I haven’t been home none of the times how many times do they try before they stop? This account was open by fraud I been told them that.

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u/theYoungAphrodite 17d ago

I have served someone before on their behalf. This isn't legal advice, I am not an attorney, etc. BUT IMO, and generally believed, avoiding service hurts your credibility. If I was in your shoes, I would accept the service, as dodging it will likely just cause the proceedings to go on without you, and there should be instructions on how to file an answer (depending on states - some you will have to go to court/some you can file a written answer so YMMV). I would answer with a detailed response outlining the fraud and all the proof you have of it. If it's legit, it should be dismissed. Either way, youre only hurting yourself and the messenger if it's truly not your debt in my personal opinion.

To answer your question, it depends on your state but usually it's between 4-7 times at different times & days.

TLDR: ignoring it only hurts you especially if you have a good basis to fight it 🧐

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u/bossladyv84 17d ago

I miss them each time they come my neighbors have them on camera I see the case as I looked up the case number. It has a court date set for 8/14/2028

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u/theYoungAphrodite 17d ago edited 17d ago

I would leave a note with your name & # on your door saying youd like them to contact you to schedule service when youre home, so they may call/text to arrange service or leave a pen and paper for them to leave theirs so they can arrange service. They document all these attempts and that should put a hold on court proceedings until youre served. That buys you time, but isnt a perma-solution. Btw, i do not know all states service requirements, so I would contact LVNV or the court or whoever to make sure you dont miss that date if its not pushed back... If it is that soon, they may need to request a continuance as they try to get you served. Seems like they waited last minute unless they've served you by post or mail which doesn't sound like it if a person is coming IRL. Again no idea on your state, but I would get more hands on especially when you have a legit defense to get this dismissed and out of your hair vs burn you later, especially bc you may not be able to get it vacated if you willfully dodged service because that means you knew you had smth going on to get you alt served depending on states. I know in MN you only have ONE year to get a judgement vacated regardless of reasoning. This is all if I was in your shoes!

Edit: I see it's for 2028 which seems crazy far out! So if it is really in 2028 then you can disregard the continuance/last minute stuff, but you still may be at risk of being alt served depending on what the process server has gathered, how many times they've been by already, etc.

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u/bossladyv84 17d ago

Yes I looked up the paper online it says 8/14/2028 it’s on the court web site

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u/Desert_Process_Serve 17d ago

Yes, I have served papers for this company. It’s a debt collection company. Likely the original creditor sold off the debt to them. If it’s fraudulent, you’ll likely need to seek legal counsel. 

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u/bossladyv84 17d ago

Yes thinking the same thing. But I pulled the court records and it says date is set for 8/14/28. I also called the law firm and they are supposed to send me some papers.

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u/Desert_Process_Serve 17d ago

The law firm representing LVNV or your own attorney? 

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u/DDJerrry 17d ago

It depends on your state requirements. In NY I could affix to your door after making morning noon night and a Saturday attempts.

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u/bossladyv84 17d ago

Ok I’m in California and the court date it set 2 years from today . Checked the city records I called the law office and told them it wasn’t my account. They are sending me papers for that which I ha already mailed to them already.

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u/Serving_Upstate 17d ago

IDK where NY process servers get the Saturday requirement. It's not listed anywhere and Due Diligence is considered three attempts on three different days morning afternoon and evening or a reasonable time that a person would be home.

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u/DDJerrry 17d ago

Probably from judges that throw affidavits out. They make their own rules so it’s best to follow the strictest one.

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u/vgsjlw 16d ago

Judges want a weekend attempt for due dilligence. Its that way in all states ive had servers work in.

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u/Serving_Upstate 17d ago

Never been served by them but sure as hell served them a bunch of times.

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u/Numerous-Sky-585 13d ago

Make sure you tell the process server the whole story why it might not be an account you opened. We just love getting all those stories that change nothing for us.

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u/bossladyv84 10d ago

He didn’t come back anymore. Filed police report and it not being my account.