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TULSA COUNTY • CS-2025-59

LVNV FUNDING LLC v. CHRIS BURNS

Filed: Dec 12, 2024
Type: CS

What's This Case About?

Let’s get one thing straight: nobody likes debt collectors. But when a company that buys someone else’s debt—like a financial vulture at a bankruptcy yard sale—turns around and sues a guy in Oklahoma for $2,808.38, we’ve officially entered petty civil court drama territory. And not just any drama—this is the kind where the final balance due is exactly the same as the minimum payment. Yes, you read that right: the credit card statement literally says, “Minimum Payment Due: $2,808.38.” As in, “Pay the whole damn thing or we’re coming for your soul (and also suing you).” That’s not a credit card—it’s a hostage note.

So who are we even talking about here? On one side, we’ve got LVNV Funding LLC, which sounds less like a real company and more like a fake LLC you’d see in a Scooby-Doo episode where the gang uncovers a scam involving overdue Blockbuster fines. In reality, LVNV is a debt buyer—a firm that purchases defaulted accounts from original creditors for pennies on the dollar, then tries to collect the full amount (plus fees, interest, and their own brand of legal intimidation). They’re represented by Nelson & Kennard, a debt collection law firm with offices in Colorado but apparently no problem filing lawsuits across state lines. On the other side? Chris Burns of Bixby, Oklahoma—a regular guy with a credit card, a few late payments, and now, a lawsuit that could’ve been written by a robot trained on fine print and passive aggression.

Here’s how this financial thriller unfolds: Back in November 2021, Chris Burns opened a credit card account with Credit One Bank, N.A.—a lender known for targeting subprime borrowers with high-interest cards (and, let’s be honest, questionable marketing tactics). For about a year, things seemed… fine? At least, fine enough. Then came May 10, 2022—the last time Burns made a payment. After that? Radio silence. No more payments, no more credits, just a slow-motion financial collapse captured in the cold, unfeeling rows of a credit card statement.

By December 2022, the account was officially “charged off,” which is banker-speak for “we’ve given up and are selling your debt to the debt underworld.” At that point, the balance sat at $2,808.38—up from $2,714.37 thanks to $39 in late fees and $55.01 in interest. The card was maxed out ($2,200 limit, $2,808 owed—math! It’s not just a suggestion!), and the statement ominously noted: “Your account is currently closed.” Not “frozen.” Not “temporarily suspended.” Closed. Like a haunted store with a “Gone Forever” sign taped to the door.

But here’s where it gets weird. Credit One didn’t just write off the debt—they sold it. On January 18, 2023, they transferred Burns’ account (along with a bunch of others) to Resurgent Acquisitions LLC, which then immediately flipped it to LVNV Funding LLC. That’s right—within hours (or at least on the same day, paperwork-wise), the debt changed hands like a hot potato at a foreclosure picnic. And now, over a year later, LVNV is suing Burns in Tulsa County District Court to collect the full amount: $2,808.38. Plus court costs. Plus fees. Plus the emotional toll of being served legal papers over a credit card bill.

Why are they in court? Officially, it’s a “breach of contract” claim—which, in plain English, means: “You agreed to pay, you didn’t pay, now pay up or we’ll make you.” There’s no allegation of fraud, no dispute over identity, no “I never opened this account” drama. It’s a straightforward “you owe money, we own the debt, cough it up” situation. LVNV claims they have the right to collect because they bought the debt legally, and they’ve attached Exhibits A through Z (okay, just Exhibits 1 and 2) to prove it: the last statement, the bill of sale, the assignment paperwork, and a summary report that looks suspiciously like something generated by a spreadsheet with commitment issues.

Now, let’s talk about the money. $2,808.38—is that a lot? In the grand scheme of debt, it’s not massive. It’s less than a used car down payment, less than a year of Netflix subscriptions (if you’re still paying for those), less than the average American’s credit card balance. But for someone in Bixby, Oklahoma, where the median household income is around $70,000, it’s not nothing. It’s two months of rent in a modest apartment. It’s a car repair. It’s a vacation that will never happen. And yet, LVNV isn’t asking for a payment plan. They’re not offering settlement. They’re not even pretending this is about financial rehabilitation. They’re asking for everything—the full amount, plus costs, plus attorney fees—because that’s how the debt collection game is played. Buy low, sue high, hope the defendant doesn’t show up to court.

And that’s the most absurd part of all: this whole case hinges on whether Chris Burns shows up to defend himself. Because if he doesn’t? Boom. Default judgment. LVNV wins automatically. They can garnish wages, freeze bank accounts, and keep calling until the debt is paid—or sold again to another collector, who’ll sue again, and the cycle continues. It’s not justice—it’s financial whack-a-mole.

Look, we’re not here to defend unpaid credit card debt. If you charge $2,800 on a card and ghost the bill, yeah, you kinda owe that. But the way this system works? A bank issues a high-interest card to someone who likely can’t afford it, watches them fall behind, sells the debt for pennies to a third party, who then sues for the full amount plus fees, using automated paperwork and out-of-state lawyers? That’s not accountability. That’s debt laundering.

And let’s not pretend LVNV is some innocent bystander. They’re in the business of buying defaulted debt—knowing that many people won’t fight back. They file hundreds, probably thousands, of these cases a year. This isn’t personal. It’s portfolio management. Chris Burns isn’t a person to them—he’s “Account #744651135,” a line item on a spreadsheet.

So what are we rooting for? Honestly? We’re rooting for someone—anyone—to stand up and say, “Wait, this is ridiculous.” That the system that lets companies profit off other people’s financial mistakes, that turns a $2,800 debt into a court case with zero negotiation, zero mercy, and zero transparency—that this shouldn’t be normal. We’re rooting for Chris Burns to show up in court, not because he definitely doesn’t owe the money, but because someone should. Because these cases only work when no one fights back.

And if he doesn’t? Well, then LVNV gets their $2,808.38, and another debt collector adds another win to their tally. But the real winner? The system. And the real loser? Anyone who’s ever been one missed paycheck away from becoming a line on someone else’s profit margin.

We’re entertainers, not lawyers. But even we know this much: when the minimum payment is the full balance, the game was rigged from the start.

Case Overview

$2,808 Demand Petition
Jurisdiction
District Court of Tulsa County, Oklahoma
Relief Sought
$2,808 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of contract collection of debt

Petition Text

1,564 words
IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA LVNV FUNDING LLC, Plaintiff, vs. CHRIS BURNS Defendant(s). PETITION COMES NOW the Plaintiff, by and through counsel, Nelson & Kennard, and herewith alleges the following and seeks redress as hereafter delineated. 1. Plaintiff is a national debt collection agency, which transacts business within the State of Oklahoma. 2. Venue is proper in this County, as the Defendant(s) either reside(s) in this County at the commencement of this action, or the contract which is the subject matter of this action was made, executed, and delivered in this County. 3. The last four (4) digits of the Defendant’s account number, used by the original creditor as of the date of default are XXXXXXXXXXXXXXXXX2167. 4. Plaintiff’s claim arises when the Defendant(s) opened a credit account and failed to make the required monthly payments as agreed. The credit account charged off for non-payment as of 12/12/22, the balance due at time of default is as follows $2,808.38. A true and accurate copy of the last periodic statement provided to the Defendant(s) prior to charge-off is attached hereto as Exhibit 1. A true and accurate copy of the ownership of the credit card account is attached hereto as Exhibit 2. 5. The Defendant(s) breached the Contract by failing to make the required periodic payments. 6. As a direct and proximate result of the Defendant(s) default, the total amount of debt claimed is $2,808.38. 7. The date of the last payment made by the Defendant(s) is May 10, 2022. 8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises. WHEREFORE, Plaintiff, LVNV FUNDING LLC prays for judgment against the Defendant(s), CHRIS BURNS in the amount of $2,808.38, plus all costs herein expended, including but not limited to, court costs, sheriff's fees, and special process server fees, attorney fees; and for such other and further relief as the Court may deem proper in the premises. Dated this December 12, 2024. Nelson & Kennard By: Ashton Dewayne Sears, OBA # 35737 12596 W. Bayaud Ave., Ste. 120 Lakewood, CO 80228 Phone: 866-920-2295 Attorney for the Plaintiff EXHIBIT 1 CRE[blacked out]ONE BANK CREDIT CARD STATEMENT Account Number [blacked out]2167 November 12, 2022 to December 11, 2022 SUMMARY OF ACCOUNT ACTIVITY <table> <tr><th>Previous Balance</th><td>$2,714.37</td></tr> <tr><th>Payments</th><td>$0.00</td></tr> <tr><th>Other Credits</th><td>$0.00</td></tr> <tr><th>Purchases</th><td>$0.00</td></tr> <tr><th>Balance Transfers</th><td>$0.00</td></tr> <tr><th>Cash Advances</th><td>$0.00</td></tr> <tr><th>Fees Charged</th><td>$39.00</td></tr> <tr><th>Interest Charged</th><td>$55.01</td></tr> <tr><th>New Balance</th><td>$2,808.38</td></tr> <tr><th>Credit Limit</th><td>$2,200.00</td></tr> <tr><th>Available Credit</th><td>$0.00</td></tr> <tr><th>Statement Closing Date</th><td>12/11/22</td></tr> <tr><th>Days in Billing Cycle</th><td>30</td></tr> </table> PAYMENT INFORMATION <table> <tr><th>New Balance</th><td>$2,808.38</td></tr> <tr><th>Past Due Amount</th><td>$859.00</td></tr> <tr><th>Amount Due This Period</th><td>$1,988.18</td></tr> <tr><th>Minimum Payment Due</th><td>$2,808.38</td></tr> <tr><th>Payment Due Date</th><td>01/07/23</td></tr> <tr><th colspan="2">Late Payment Warning:</th></tr> <tr><td colspan="2">If we do not receive your minimum payment by the date listed above you may have to pay a late fee up to $39</td></tr> <tr><th colspan="2">Minimum Payment Warning:</th></tr> <tr><td colspan="2">If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance.</td></tr> <tr><th colspan="2">For example:</th></tr> <tr><th>Only the minimum payment</th><th>1 month(s)</th><th>$2,808.00</th></tr> </table> QUESTIONS? Call Customer Service or Report a Lost or Stolen Credit Card 1-877-825-3242 Outside the U.S. Call 1-702-405-2042 Please send billing inquiries and correspondence to: P.O. Box 98873, Las Vegas, NV 89193-8873 TRANSACTIONS <table> <tr> <th>Reference Number</th> <th>Trans Date</th> <th>Post Date</th> <th>Description of Transaction or Credit</th> <th>Amount</th> </tr> <tr><th colspan="5">Payments, Credits, and Adjustments</th></tr> <tr><td></td><td>12/11</td><td>12/11</td><td>LATE FEE</td><td>39.00</td></tr> <tr><td></td><td></td><td></td><td>TOTAL FEES FOR THIS PERIOD</td><td>39.00</td></tr> <tr><td></td><td>12/11</td><td>12/11</td><td>Interest Charged</td><td>55.01</td></tr> <tr><td></td><td>12/11</td><td>12/11</td><td>Interest Charge on Purchases</td><td>55.01</td></tr> <tr><td></td><td>12/11</td><td>12/11</td><td>Interest Charge on Cash Advances</td><td>0.00</td></tr> <tr><td></td><td></td><td></td><td>TOTAL INTEREST FOR THIS PERIOD</td><td>55.01</td></tr> <tr><th colspan="5">2022 Totals Year-to-Date</th></tr> <tr><td></td><td></td><td></td><td>Total fees charged in 2022</td><td>$335.90</td></tr> <tr><td></td><td></td><td></td><td>Total interest charged in 2022</td><td>$530.09</td></tr> </table> Your account is currently closed. INTEREST CHARGE CALCULATION <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr><td>Purchases</td><td>27.74%(v)</td><td>$2,379.43</td><td>$55.01</td></tr> <tr><td>Cash Advances</td><td>27.74%(v)</td><td>$0.00</td><td>$0.00</td></tr> <tr><td>STANDARD BALANCE TRANSFER</td><td>27.74%(v)</td><td>$0.00</td><td>$0.00</td></tr> </table> (v) = Variable Rate EXHIBIT 2 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO RESURGENT ACQUISITIONS LLC Credit One Bank, N.A. ("Seller"), the owner of certain accounts and associated receivables (hereinafter referred to collectively as "Purchased Accounts"), for value received and in accordance with the terms of the Purchase and Sale Agreement, by and between Seller and Resurgent Acquisitions LLC ("Buyer"), dated as of January 1, 2023 ("Agreement"), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and interest in and to the Purchased Accounts as described on the computer files named, "CreditOne_RB_Resurgent_012023" (the "Computer Files"), copies of which are attached hereto and incorporated herein by reference as "Exhibit A". This Bill of Sale and Assignment of Accounts is issued subject to the terms of the Agreement and is made without representations and warranties of any kind or character except as expressly stated in the Agreement, or as expressly stated below. With respect to information for the Purchased Accounts described in the related Computer Files, to the best of Seller's knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller's own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the information in Seller's database; (iii) was kept in the regular course of Seller's business; (iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in Seller's database since it was recorded there; and (vii) it is the regular practice of Seller's business to maintain and compile such data. This Bill of Sale and Assignment of Accounts may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby. Closing date: January 18, 2023 CREDIT ONE BANK, N.A. [Signature] Michael Wiesc Vice President EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic files named, "CreditOne_RB_Resurgent_012023" with such electronic files incorporated herein by reference. Transfer and Assignment Resurgent Acquisitions LLC ("RALLC"), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("LVNV") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated January 05, 2023 delivered by Credit One Bank, N.A. on January 18, 2023 for purchase by RALLC on January 18, 2023. The transfer of the Assets included electronically stored business records. Dated: January 18, 2023 Resurgent Acquisitions LLC a Delaware Limited Liability Company By: ____________________________ Name: Jackson Walker Title: Authorized Representative Dated: January 18, 2023 LVNV Funding LLC a Delaware Limited Liability Company By: ____________________________ Name: Daniel Picciano Title: Authorized Representative Exhibit A Receivables File 01.18.23 CreditOne_RB_Resurgent_012023 Transfer Group Portfolio Transfer Batch 883582 41228 N/A ACCOUNT SUMMARY REPORT 10/18/2024 12:33:30 PM This account summary has been prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. It is not a credit card or other account statement from the original creditor. <table> <tr> <th>Borrower Information</th> <th>Current Account Information</th> </tr> <tr> <td>Name: CHRIS BURNS<br>Address: 20735 S 142nd East Ave<br>City: Bixby<br>State: OK<br>Zip Code: 74008-7757</td> <td>Owner: LVNV Funding LLC<br>Resurgent Reference #: 744651135<br>Original Creditor: Credit One Bank, N.A.<br>Account Number: XXXXXXXXXXXXX2167<br>Current Balance Due: $2808.38<br>Date of Last Payment: 05/10/2022</td> </tr> </table> Recent Payment Transactions No Transactions Found Historical Account Information The original creditor for this account was: Credit One Bank, N.A.<br>P.O. Box 98873<br>Las Vegas, NV 89193 The origination date with original creditor was: 11/29/2021 The account charge-off date was: 12/12/2022 The account charge-off amount was: $2,808.38 The account was acquired on or about: 01/18/2023 The account balance at time of acquisition: $2,808.38 This communication is from a dept collector and this is an attempt to collect a debt. Any information obtained will be used for that purpose.
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.