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ALL LVNV Funding Judgments Void in MD; if awarded when they were not Lic'd


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Finch v. LVNV FUNDING LLC, Md: Court of Special Appeals 2013

 

 

 

Default judgments were entered against each appellant. Appellants thereafter filed a class action in the circuit court, alleging that LVNV was not licensed as a collection agency, as required by Maryland law, when it obtained the underlying district court judgments. Appellants sought to represent a class comprised of all persons against whom LVNV had obtained a judgment for an alleged debt in Maryland state courts during the period of time in which LVNV was unlicensed. The class action complaint asserted five claims. Appellants sought declaratory and injunctive relief, damages for unjust enrichment, and damages for alleged violations of the Maryland Consumer Debt Collection Practices Act and the Maryland Consumer Protection Act. The circuit court dismissed appellants' complaint on the basis that it constituted an impermissible collateral attack on the district court judgments. This appeal followed

 

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For these reasons, we hold that a judgment entered in favor of an unlicensed debt collector constitutes a void judgment as a matter of law. Accordingly, any judgments obtained by LVNV in the district court while operating as an unlicensed collection agency are void.

 

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For the foregoing reasons, we hold that the circuit court erred in dismissing appellants' complaint. LVNV was not licensed when it obtained judgments against appellants in the district court; accordingly, the underlying district court judgments are void. We further hold that parties may collaterally attack a void judgment in another court. The circuit court, therefore, erred by ruling that appellants' complaint constituted an impermissible collateral attack on the district court judgments. Accordingly, we reverse the judgment of the Circuit Court for Baltimore City, and remand for further proceedings consistent with this opinion

 

 

read the whole ruling here; http://scholar.google.com/scholar_case?case=9749006638091405468&hl=en&as_sdt=2,3

 

 

 

So if you were a resident of Maryland, and have a LVNV judgment on your report that was awarded between October 30, 2007 through February 17, 2010

 

You may be able to have the judgment vacated based on this decision by the MD Special court of Appeals , which is good statewide in any lower court ( small claims, district, magistrate, etc.)

 

Once the judgment is voided, you can have it deleted off your reports.

 

Since this has gone back to the circuit courts so that the Class action can go forward - the Class action may take care of it all.

 

 

( I'm not a lawyer, and if you need to have a judgment vacated, I suggest you seek out legal advice on how to do this)

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Nice use of regulatory power.

 

 

Well, the Appeals Court ruling isn't regulatory power - it's strictly legal decision based on the current regulations.

 

LVNV has been hammered in MD past few years, one can only hope other states follow suit.

 

Posted 03 July 2012 - 06:21 PM

MD DLLR announces a settlement. ( they let them off cheap... )

 

http://www.dllr.maryland.gov/finance/consumers/pdf/lvnvsettle.pdf

 

 

One million dollar Civil penalty,

 

Dimissal of all 3,500 cases currently in system worth 7.5 Million

 

( these were stayed by the State court system since November)

 

Credit of 3.8 Million to all (6,200 approx.) consumers previously sued amounting to the prejudgment interest and attorney fees refund.

 

and $ 23, 567 in costs to the MD DLLR

 

 

___________________

 

And 10,000 other suits dismissed.

 

http://www.mdd.uscourts.gov/Opinions/Opinions/Hauk%2005nov10.pdf

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  • 4 weeks later...

The pending Class Action is in the Circuit Court for Baltimore City, Finch v. LVNV Funding. The status of the case is available on the Maryland Judiciary website. The class includes everyone in Maryland who was sued by LVNV between 10/30/07 and 2/17/10, inclusive. The date of judgment is not the relevant date. The Circuit Court dismissed the Class Action. Finch appealed to the Court of Special Appeals, which reversed the Circuit Court and remanded the case, holding that all judgments in those cases filed during the relevant time period are VOID. LVNV petitioned the Court of Appeals to review the decision. On Oct 8, the petition was denied. Next step is to try to return to Circuit Court to get money back to the people who paid money to LVNV on those void judgments. This Class Action will do that. If you are a member of the class, then sooner or later you will receive a notice about this case, unless you moved. If you moved, then you should update your address in the case where LVNV got the judgment against you, and keep track of the case on the Maryland Judiciary website. If a notice is approved, and you dont get one, then it means the case administrator does not have your address.

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I've sued LVNV before and I won. I sued them twice. They settled out of court. If you are dealing with this company, I suggest spending a little bit of money, hiring an attorney and filing suit. It's not when they pay you for their mistakes.

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