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Lost my case after surprise judge & witness; hit with $18K judgment and now a $20K post‑judgment attorney fee motion

John · March 7, 2026

I fought LVNV Funding and their attorneys (Lloyd & McDaniel) every step of the way. Trial was on 2/17/26. The morning of trial, I was blindsided with a new substitute judge and wasn’t told until about 20 minutes before the hearing, even though I was already at the courthouse. Then the plaintiff brought in a witness I had never been notified about, and the court allowed it after they claimed the witness “was the plaintiff.”

I laid out every flaw in their evidence. The Bill of Sale and the Declaration of Account Transfer referenced different receivables file names and file types, and the document that was supposed to match the Bill of Sale wasn’t even included. The dates didn’t make sense—the Bill of Sale was supposedly closed months before the signatures were dated. The bank’s signature was illegible with no proof of who signed it and was not authenticated by any first hand witness. They never produced the Forward Flow Agreement, and their own description of it didn’t apply to my account because it only covered future charge‑offs; mine had been charged off a year earlier.

My credit report even shows Barclays reported selling the account to Portfolio Recovery Associates—not LVNV—and on a date before the Bill of Sale LVNV relied on was signed. Even the receivables file they used had a blank transfer date next to my name.

The judge admitted that if this were a criminal case, I had created enough doubt to win. But under the civil standard, he still ruled against me based on bank statements, a Barclays letter claiming the sale was to Resurgent LLC, a Bill of Sale, and a Declaration of Account Transfer.

After months of fighting pro se, I resigned myself to the $18k judgment. But now, five days before the appeal deadline, they’ve hit me with a motion demanding $20k in attorney fees.

I’m exhausted and overwhelmed. What do I even do at this point?

5 replies

  • shwiefels · March 8, 2026

    File your document for appeal. I too lost my initial court case with the superior court. I filed an appeal right after the judge gave his ruling. The law firm representing Cavalry SPV I, LLC sent me an email after being late 3 days on their response to my my opening brief.

    here’s their email response;

    “Good afternoon Mr. G;

                   Rather than expend resources on attorneys’ fees, my client has authorized me to offer to dismiss its action, with prejudice and provide you with a mutual release of all claims, with each part to bear its own attorneys fees and costs.  If that is agreeable, I will prepare the necessary documentation to bring this matter to conclusion.  Thank you.

     Robert Scott Kennard

    NELSON AND KENNARD, LLP

    I told them I would accept but they have to also take it off my credit report. You still have a chance. Don’t give up. Use the time wisely and prepare a really good opening brief.

  • John · March 9, 2026

    who was the lender? this is LVNV Funding LLC and their attorneys here in Michigan have been really resistant about giving any kind of significant offer at it has always been with a stipulated judgment.

  • PakoJasso · May 12, 2026

    I need some guidance on how to file the appeal. I lost my case in the small claims court.

  • brian · May 13, 2026

    Each state has its rules but as a member, you have access to ParkerGPT in that vein. Thank you.

  • Fab · May 14, 2026

    I am dealing with a bank of america credit card debt represented by that law firm too, Nelson and Kennard, llp. They have a default judgment on this complaint granted by the clerk. I am working on filing a motion to set aside. Did you file your cross complaint with your answer?

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