Is a Debt Buyer Trying to Sue You?

Is a Debt Buyer Trying to Sue You? STATE OF NORTH CAROLINA COUNTY OF ALAMANCE IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION CASE NO.: LVNV FUNDING LLC Plaintiff, COMPLAINT vs. Defendant. NOW COMES the Plaintiff, LVNV FUNDING LLC, (the "Plaintiff") complaining of the "Defendant", and respectfully alleges the following: 1. The Plaintiff is a limited liability company organized and existing by virtue of the laws of Delaware with a principal place of business located in Greenville County South Carolina. 2. The Plaintiff is a collection agency as defined in N.C.G.S. § 58-70-15, licensed by the North Carolina Department of Insurance with Permit Number 115594222. 3. Upon information and belief, Defendant is a resident of Alamance County, North Carolina. This is an action for recovery of Indebtedness due unto Plaintiff arising out of a Credit Card obtained by the Defendant from Credit One Bank, N.A. 5. On or about June 14, 2021, Credit One Bank, N.A. and Defendant entered into a credit agreement wherein Credit One Bank, N.A. issued a Credit Card to the Defendant in the Defendant's name. The credit account is identified as account ending in XXXXXXXXXXXX5084 (the "Account") with a balance of $1,848.71. No writing containing XXXX5084 of the Defendant was produced as a result of said credit agreement. Defendant's Account was utilized for purchases and/or cash advances, the balance of which have gone unpaid and are now delinquent. Although interest has been made, Defendant has failed to remit payment, thereby creating a default. Electronically Filed Date: 7/14/2025 3:35 PM Alamance County District Court Clerk of Superior Court KB How to Write an Answer to Win Your Case LVN OWE THEM 18 YOUR RESPONSE? PROVE IT. V. SAYS IT CREDIT ONE ACCOUNT. BUT HERE'S THE PROBLEM. LV CLAIMS THEY'RE THE SUCCESSOR IN INTEREST ACCOUNT. OKAY, SHOW ME THE RECEIPTS. Defendant's Answer SECOND AFFIRMATIVE DEFENSE Lock of Standing / Real Party in Interest Plaintiff is not the original creditor. Plaintiff must establish through competent evidence that the particular account allegedly belonging to Defendant was validly assigned to Plaintiff and that Plaintiff possessed the right to enforce the alleged obligation when this action was commenced. Defendant denies that Plaintiff has established a complete chain of title or assignment sufficient to demonstrate ownership of the specific account. THIRD AFFIRMATIVE DEFENSE Failure to Prove Assignment and Chain of Title Plaintiff bears the burden of establishing that the alleged account was included in each sale, transfer, or assignment upon which Plaintiff relies. General bills of sale, portfolio-level documents, electronic account data, or affidavits that do not sufficiently connect Defendant's particular account to the alleged transfers are insufficient unless clearly mentioned and evidence admissible. FOURTH AFFIRMATIVE DEFENSE Failure to Prove Amount Allegedly Owed Defendant disputes the amount demanded. Plaintiff must prove the alleged principal balance and any interest, fees, charges, payments, credits, adjustments, and other amounts used to calculate the balance sought in this action. FIFTH AFFIRMATIVE DEFENSE Failure of Conditions Precedent To the extent applicable, Plaintiff has failed to establish compliance with all contractual and statutory conditions precedent required before commencing this action, including any required notices. SIXTH AFFIRMATIVE DEFENSE Arbitration DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES - 1 Defendant's Answer The documents submitted in connection with Plaintiff's claim contain a written arbitration agreement applicable to disputes arising from or relating to the Credit One Bank account. An arbitration agreement provider or other party may require covered claims to be submitted to mandatory, binding arbitration and further provide that the arbitration agreement services transfer or sale of the account. Defendant expressly invokes and preserves all rights under the arbitration agreement and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., including the right to seek an order compelling arbitration and staying any litigation pursuant to an effective order compelling arbitration. The right to establish this defense through discovery and the evidence. Nothing contained in this Answer shall constitute a waiver of Defendant's contractual right to arbitration. SEVENTH AFFIRMATIVE DEFENSE Statute of Limitations To the extent Plaintiff's claim, or any portion thereof, accrued outside the applicable limitations period, Plaintiff's claim is barred as an affirmative defense and reserves the right to establish this defense through discovery and the evidence. EIGHTH AFFIRMATIVE DEFENSE Unreliable or Inadmissible Business Records Defendant objects to Plaintiff's reliance upon account statements, electronic data, affidavits, records obtained from prior creditors, or any documents unless Plaintiff establishes the proper foundation, authenticity, admissibility, and applicability of those records to Defendant's specific account. NINTH AFFIRMATIVE DEFENSE Failure to Mitigate / Improper or Unsupported Charges To the extent applicable, Defendant disputes any interest, fees, costs, or other amounts that are not authorized by an enforceable agreement or applicable law or that cannot be established through competent evidence. TENTH AFFIRMATIVE DEFENSE Reservation of Additional Defenses DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES - 4 Defendant's Answer Defendant reserves the right to amend this Answer and assert additional defenses that may arise during the course of discovery, based on Plaintiff's disclosures, or further investigation, to the extent permitted by the North Carolina Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that the Court: Deny Plaintiff's requested relief and enter judgment in favor of Defendant. Dismiss Plaintiff's Complaint and establish the ownership of the account, amount allegedly owed, and each required element of its claim. Award Defendant allowable costs as permitted by law. Deny Plaintiff's request for assignment to the written arbitration agreement and the Federal Arbitration Act; and Grant Defendant such other and further relief as the Court deems just and proper. Respectfully submitted this day of 2026. Mandarinlaw Group, LLP P.O. Box 10932 Chicago, IL 60610 Signature: Telephone: 877.285.4699 Email: info@mandarinlaw.com CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Defendant's Answer and Affirmative Defenses upon counsel for Plaintiff by depositing a copy in the United States Mail, first class postage prepaid, addressed as follows: Mandarinlaw Group, LLP P.O. Box 10932 Chicago, IL 60610 This day of 2026. Mandarinlaw Group, LLP Defendant Pro Se DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES - 5 SO THIS ANSWER TRUST ME, I DON'T OWE IT. ME NOW. PROVE YOUR CASE.