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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.