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KAY COUNTY • CJ-2026-00055

LVNV Funding LLC v. Michael Cole

Filed: Mar 18, 2026
Type: CJ

What's This Case About?

Let’s be real: nobody wakes up dreaming of becoming a professional debt collector. But here we are, deep in the heart of Kay County, Oklahoma, where a shadowy financial entity known only as LVNV Funding LLC—which sounds less like a company and more like a virus your antivirus software flags—has decided to go full courtroom drama over $51,329.23. That’s not a typo. Fifty-one thousand, three hundred and twenty-nine dollars and twenty-three cents. And they’re not asking nicely. They’re suing. Over a debt that, as far as we can tell from the paperwork, started with a guy named Michael Cole swiping a SoFi Bank credit card back in late 2022 and then… well, not paying it back. What follows is not a murder mystery, nor a scandalous affair, nor even a dispute over a fence line. No, this is something far more American: a cold, hard, corporate takedown of one man’s financial misfortune, served with a side of legal boilerplate and zero human drama—unless you count the fact that someone is being pursued for pocket change… if you’re a hedge fund.

So who are these people? On one side, we’ve got Michael Cole, a private individual whose entire public legal footprint, at least for now, consists of being on the receiving end of a debt lawsuit. We don’t know what he does for a living, whether he has a dog, or if he still believes in love. All we know is that at some point in December 2022, he opened a credit account with SoFi Bank, N.A.—yes, that SoFi, the one that runs those ads during NFL games promising financial freedom and sleek mobile banking. Presumably, Michael thought he was signing up for a normal credit product, maybe a personal loan or a line of credit. What he may not have realized is that banks don’t hold onto debt forever. They sell it. They package it. They auction it off like expired airline miles. And in this case, by September 2023, SoFi had bundled Michael’s debt—along with hundreds or possibly thousands of others—into something called “Portfolio 42398,” which sounds like a rejected James Bond film, but is actually just financial jargon for “a pile of unpaid bills we’re offloading.”

Enter LVNV Funding LLC. Who—or what—is LVNV? Oh, you sweet summer child. LVNV Funding is one of those specialty debt buyers that prowls the financial underworld, scooping up defaulted accounts for pennies on the dollar and then suing people to collect the full amount. They’re based in Delaware (of course they are), incorporated like a vampire corporation that exists solely to enforce debt obligations through the court system. They don’t lend money. They don’t offer financial advice. They don’t care if you lost your job or had a medical emergency. They bought a spreadsheet with your name on it, and now they want their money. And they’ve got a whole law firm—Love, Beal & Nixon, P.C.—on speed dial to make it happen. Yes, the firm’s name sounds like a 19th-century law partnership from a Dickens novel, but no, they are very much alive and litigating in 2025.

So what actually happened? Well, according to the court filing, Michael Cole defaulted on his SoFi account. That means he stopped making payments. The account went south. SoFi, like any bank, eventually cut its losses and sold the debt to LVNV Funding (or one of its predecessor entities) as part of that mysterious Portfolio 42398. Then, sometime before December 18, 2025, LVNV decided it was time to stop waiting and start suing. They filed a petition in Kay County District Court, claiming Michael owes them $51,329.23—interest, fees, and all the financial snowballing that happens when debt sits unpaid. They even attached an affidavit from one Aviyana Lane-Suber, an “Authorized Representative” of LVNV, swearing under penalty of perjury that yes, the records confirm this debt is real, it was properly transferred, and no, Michael hasn’t paid it. They also claim they sent a demand letter more than thirty days ago—because the law requires that little courtesy before you drag someone into court.

Now, why are they in court? Let’s break it down without the legalese. This is a debt collection lawsuit. LVNV is asking the judge to issue a judgment—a formal court order—saying that Michael Cole legally owes them $51,329.23. If the judge agrees, that judgment becomes enforceable. That means LVNV could potentially garnish Michael’s wages, freeze his bank accounts, or put a lien on any property he owns. It’s not a criminal case—Michael won’t go to jail for not paying (thank the Constitution for that)—but it can wreck his credit, haunt him for years, and turn a bad financial situation into a full-blown nightmare. The claim itself is straightforward: “indebtedness.” No fraud, no breach of contract drama, no he-said-she-said. Just: you borrowed money, you didn’t pay it, now we own the debt, and we want the court to make you pay us.

And what do they want? Fifty-one thousand, three hundred and twenty-nine dollars and twenty-three cents. Is that a lot? Depends on who you ask. If you’re a debt buyer that paid maybe $5,000 for a portfolio of a hundred defaulted accounts, then yes—hitting a $51k home run is huge. That’s a 1,000% return, baby. But if you’re Michael Cole, living in Kay County, where the median household income is around $50,000, then $51k is more than a year’s salary. It’s a house down payment. It’s a kid’s college fund. It’s life-altering money. And yet—here’s the kicker—we don’t know if Michael even disputes the debt. Maybe he forgot about it. Maybe he didn’t realize SoFi sold it. Maybe he thought it was time-barred (though in Oklahoma, the statute of limitations on written contracts is five years, and this debt is only about three years old). Or maybe he’s just… broke. The filing doesn’t say he’s fighting back. It doesn’t say he’s filed an answer. It just says LVNV wants their money, and they’re using the full power of the legal system to get it.

Our take? Look, debt is real. If you borrow money, you should pay it back. But there’s something deeply dystopian about a system where a man’s financial failure becomes someone else’s profit center. LVNV didn’t lend Michael Cole a dime. They didn’t assess his creditworthiness. They didn’t shake his hand or wish him luck. They bought a digital ghost of a debt and now they’re weaponizing the courts to collect on it. And while we’re not saying Michael Cole is a saint—we don’t know that—he’s now just a name on a spreadsheet in a lawsuit filed by a company whose entire business model is suing people. The most absurd part? That this is completely normal. This happens thousands of times a day across America. Debt buyers file lawsuits with robotic efficiency, often with minimal proof, banking on the fact that most people won’t show up to court. And sometimes, they win by default. No trial. No testimony. Just a judge stamping “owed” on a piece of paper.

We’re rooting for transparency. We’re rooting for Michael Cole to show up, demand proof, and make LVNV actually prove they own this debt and that the math adds up. Because at the end of the day, this isn’t just about $51,329.23. It’s about whether our legal system should be a collection arm for faceless financial entities that profit from other people’s misfortune. And honestly? That’s a trial we’d pay to watch.

Case Overview

$51,329 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$51,329 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 debt collection Plaintiff seeks judgment for $51,329.23

Petition Text

553 words
25-55395-0 ZH1 010 IN THE DISTRICT COURT OF KAY COUNTY STATE OF OKLAHOMA LVNV Funding LLC, Plaintiff, vs. Michael Cole, Defendant. PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against the defendants alleges and states as follows: 1. SoFi Bank, N.A., provided credit to the defendant on account number XXXXX7029. The Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $51,329.23. An Affidavit of Account and/or contract is attached hereto and incorporated by reference. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $51,329.23, with interest at the statutory rate from the date of judgment, all court costs and a reasonable attorney's fee, and for such other relief as the Court may deem just and proper. William L. Nixon, Jr., #012804 Harley L. Homjak, #019736 Gracelyn Porras Dillingham, #35852 Jenifer A. Gani, #021876 Daniela Westfahl, #36242 Mariah S. Ellicott, #36309 Benjamin F. Brackett, #36580 LOVE, BEAL & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405-720-0565 E-Mail: [email protected] IN THE DISTRICT COURT IN THE DISTRICT IN AND FOR KAY COUNTY, OK LVNV Funding LLC Plaintiff vs. Michael Cole Defendant(s) PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT I am an Authorized Representative for LVNV Funding LLC (hereafter the "Plaintiff"), and hereby certify as follows: 1. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records, including computer records of its accounts receivable. This information is regularly and contemporaneously maintained during the course of Plaintiff's business. I am authorized to execute this affidavit on behalf of Plaintiff and the information below is true and correct based on the Plaintiff's business records. 2. In the regular course of business, Plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts, and/or other credit lines or obligations. The records provided to Plaintiff at the time of acquisition are represented to include information provided by the original creditor and/or its successors-in-interest. Such information includes the debtor's name and social security number, the account balance, the identity of the original creditor and the account number. 3. Based on the business records maintained on account XXXXX7029 (hereafter, the "Account"), which are a compilation of the information provided to Plaintiff upon acquisition and information obtained since acquisition, the Account is the result of the extension of credit to Michael Cole by SoFi Bank, N.A. on or about 12/29/2022. Said business records further indicate that the Account was then owned by SoFi Bank, National Association. SoFi Bank, National Association later sold and/or assigned Portfolio 42398, which included the Defendant's Account, to Plaintiff or Plaintiff's predecessor(s)-in-interest on 09/25/2023. Thereafter, all ownership rights were assigned to, transferred to and became vested in Plaintiff, including the right to collect the balance owing of $51,329.23 plus any legally permissible interest. 4. Based on the business records maintained in regard to the Account, the above stated amount is justly and duly owed by the Defendant to the Plaintiff and all just and lawful offsets, payments and credits to the Account have been allowed. Demand for payment was made more than thirty days ago. Aviyana Lane-Suber December 18, 2025 The foregoing instrument was acknowledged before me by the above-signed on Thursday, December 18, 2025. (Notary Public) PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT
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.