Sued by LVNV Funding LLC in Texas: What the Plaintiff Has to Show

When LVNV Funding, LLC is the plaintiff in a Texas lawsuit, it is claiming to be the current owner of an account you opened with someone else, such as a bank or retail card issuer. LVNV did not lend you money. Its case depends on showing that your account passed from the original lender, through any other buyers, to LVNV, and on proving the balance with records that mostly came from those earlier companies.

This guide focuses on LVNV as the account owner and plaintiff: what it says about itself, its Texas bond, what it must prove, and how one Texas appeals court handled records LVNV received from prior owners.

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Quick Answers

Who is LVNV Funding LLC?

LVNV Funding owns charged-off accounts that started with other lenders. Its website says it outsources the management of those accounts to Resurgent Capital Services, a licensed third-party debt collector, and directs all inquiries there. See our Resurgent Capital Services directory profile, which covers LVNV, for contact details and regulatory history.

Is LVNV Funding licensed to collect in Texas?

The Texas Secretary of State's debt collector registry showed an active bond for LVNV Funding LLC (file 20060026) when we checked on November 3, 2026, and LVNV's website lists licenses in other states. A bond does not show that a particular claim is correct. Check the validation notice, and confirm any lawsuit with the court clerk using a number from the court's official website.

Why is LVNV suing me if I never had an account with it?

LVNV sues as the claimed owner of an account you opened with someone else. In justice court, its petition must name the original creditor, each prior holder and the date of assignment (Rule 508.2), and it must prove how it acquired your account.

How long do I have to answer an LVNV lawsuit in Texas?

In justice court, by the end of the 14th day after service. In county court at law or district court, by 10:00 a.m. on the Monday after 20 days from service. A call to Resurgent does not stop that clock.

Can I settle an LVNV lawsuit?

Because LVNV directs inquiries to Resurgent, settlement discussions before suit generally go through Resurgent; after suit, they generally go through the law firm on the petition. File your answer first so a default cannot be taken while you talk, and get any agreement in writing, including whether the case will be dismissed or end in an agreed judgment.

LVNV Is the Owner; Resurgent Is the Servicer

LVNV's website tells consumers that their account has a new owner, LVNV Funding, and that they still owe the debt. It says LVNV outsources the management of its accounts to Resurgent Capital Services, which it describes as a licensed third-party debt collector that may contact consumers directly or through collection agency partners, and it directs all inquiries to Resurgent. The site lists licenses including Maryland License/NMLS ID 322503 and California License 10888-04. It does not discuss lawsuits.

That is why letters and calls often come from Resurgent or a collection agency while the lawsuit is filed in LVNV's name. Our separate guide on Resurgent Capital Services explains the servicer side, Resurgent's family of affiliated companies, and the federal cases involving Resurgent and LVNV, so we do not repeat them here.

The Texas Secretary of State's debt collector registry shows a bond for "LVNV Funding LLC" (file 20060026), filed February 7, 2006 with RLI Insurance Company at 625 Pilot Road, Suite 2, Las Vegas, Nevada, with an active status when we checked on November 3, 2026. Finance Code § 392.101 requires third-party debt collectors to keep a bond on file in Texas.

Texas Debt Law is not affiliated with LVNV Funding, Resurgent Capital Services or their affiliates.

Check the Case and the Deadline

Confirm the cause number with the court clerk, using contact information from the court's official website. The deadline for your written answer depends on the court:

• Justice court: by the end of the 14th day after service (Texas Rule of Civil Procedure 502.5).
• County court at law or district court: by 10:00 a.m. on the Monday following the 20th day after service (Rule 99(b)).

Use our answer deadline calculator. If LVNV later moves for summary judgment in county or district court, your response is due 21 days after the motion is filed, for motions filed on or after March 1, 2026 (Rule 166a).

What LVNV Has to Prove

LVNV must prove a contract with the original creditor, your default, the amount owed after all payments and credits, and its own ownership of the account. In justice court, LVNV's suit is a debt claim case under Rule 508. The petition must state the original creditor, the account number, the date of assignment and the name of each prior holder (Rule 508.2), and the evidence must show that LVNV owns the account and how it acquired it (Rule 508.3). The answer on lack of standing in a debt buyer case explains why a gap in that chain matters.

Evidence in debt-buyer cases generally arrives as a business records affidavit under Texas Rules of Evidence 803(6) and 902(10), often with documents from the original lender and from an intermediate buyer attached. Whether those documents are admissible, and whether they prove what LVNV says they prove, are separate questions.

How a Texas Court Treated LVNV's Records: Kirkpatrick

In Kirkpatrick v. LVNV Funding, LLC, No. 01-11-00382-CV (Tex. App.—Houston [1st Dist.] May 3, 2012) (mem. op.), LVNV sued in Harris County district court as assignee on a Sears-branded card. After a bench trial, the court awarded LVNV $18,080.32 plus interest and $5,000 in attorney's fees, and the First Court of Appeals affirmed.

The record in that case shows what a debt buyer's evidence can look like:

• an affidavit from an LVNV agent saying the records were kept in LVNV's regular course of business;
• an affidavit from an employee of the original bank's servicing affiliate about the account's opening, its balance at sale, the last payment date and its sale to an intermediate buyer, Sherman Originator LLC;
• account statements, a bill of sale from the bank to Sherman, and an assignment from Sherman to LVNV with a receivables file; and
• data records matching the cardholder's name, address and part of her Social Security number.

The consumer argued that the records did not show how the bank acquired the Sears account and that the documents were not based on personal knowledge of the prior owner's records. The court held that records created by another business can be admitted as the offering party's business records if they were incorporated into and kept in its business, it relied on their accuracy, and the circumstances indicate they are trustworthy, citing Simien v. Unifund CCR Partners, 321 S.W.3d 235 (Tex. App.—Houston [1st Dist.] 2010, no pet.). Applying that test, it found the records admissible and the evidence sufficient, noting that the bank's affidavit was some evidence the bank, not Sears, originated the account.

The opinion is a memorandum opinion based on its own record and says nothing about your case. Its practical lesson cuts both ways: records from prior owners can be admitted when the foundation is laid, so a defense built only on the label "hearsay" may not succeed. The specific questions matter more: whether the sale documents identify your account, whether each link in the chain is documented, and whether the account and balance match your own records. See what is a business records affidavit? and what is a verified sworn denial?

Limitations

Texas generally requires a debt suit within four years (Civil Practice and Remedies Code § 16.004). Finance Code § 392.307 bars a debt buyer from suing or starting arbitration on consumer debt after limitations expires, and a payment does not revive the right to sue. Regulation F prohibits debt collectors from suing or threatening to sue on time-barred debt (12 C.F.R. § 1006.26(b)). Raise limitations in your answer if the dates support it; see can a debt buyer sue me on a time-barred debt in Texas?

LVNV and Your Rights Under the FDCPA and Texas Debt Collection Act

LVNV owns the account, and Resurgent services it. Resurgent, collecting for LVNV, is collecting debts owed to another and is generally a "debt collector" under the Fair Debt Collection Practices Act (15 U.S.C. § 1692a(6)). For LVNV as owner, the question is generally whether collecting debts is its principal purpose, because a buyer collecting its own accounts is not collecting debts "owed to another" (Henson v. Santander Consumer USA Inc., 582 U.S. 79 (2017)). Law firms that regularly sue on consumer debts are covered too (Heintz v. Jenkins, 514 U.S. 291 (1995)). The Texas Debt Collection Act adds state protections, and LVNV has a Texas bond on file.

Common violation categories include:

• Harassment, such as repeated calls or abusive language (15 U.S.C. § 1692d; Tex. Fin. Code § 392.302).
• Threats of arrest or of action that cannot legally be taken (§ 1692e(4)–(5); § 392.301).
• False statements about the amount or legal status of the debt (§ 1692e; § 392.304).
• Unauthorized interest or fees (§ 1692f(1); § 392.303(a)(2)).
• Contacting you directly after learning you have a lawyer (§ 1692c(a)(2)).
• Suing on time-barred debt (Tex. Fin. Code § 392.307; 12 C.F.R. § 1006.26(b)).

Read more from our Texas debt collector abuse practice.

If LVNV, Resurgent or a firm collecting for them has harassed, threatened or misled you, keep records and request a free case evaluation. FDCPA claims generally must be filed within one year (§ 1692k(d)). We file such claims as a separate federal lawsuit, not as a counterclaim in the collection case.

How Texas Debt Law Can Help

We file your answer and any verified denials, request the full chain of sale documents and the account records, examine who signed the affidavits and what they claim to know, and check limitations. If a settlement is the better path, we negotiate it in writing. We handle cases statewide, mostly by phone, email and e-filing, with help available in Spanish and phones answered seven days a week.

Debt defense is a flat fee based on the amount of the suit, starting at $400, with payment plans available:

Call or text for a free case review, or read about our Texas debt defense attorneys.

Sources

• LVNV Funding, official website (ownership, Resurgent servicing, licenses)
• Texas Secretary of State, Debt Collector Search (search "LVNV")
• Kirkpatrick v. LVNV Funding, LLC, No. 01-11-00382-CV (Tex. App.—Houston [1st Dist.] May 3, 2012) (mem. op.)
• Texas Rules of Civil Procedure (Rules 99, 166a, 502.5, 508)
• Texas Rules of Evidence (Rules 803(6), 902(10))
• Texas Finance Code ch. 392 (§§ 392.101, 392.307)
• Texas Civil Practice and Remedies Code ch. 16 (§ 16.004)
• Regulation F, 12 C.F.R. § 1006.26
• Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p

General information, not legal advice for your case.