Lvnv Funding LLC, Etc. v. Jonathan Carrasco

── Lvnv Funding LLC, Etc. v. Jonathan Carrasco ── Court: New Jersey Superior Court Appellate Division Date: May 20, 2026 Category: General NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3901-23 LVNV FUNDING LLC, SUCCESSOR IN INTEREST [SOFI LENDING CORP., ORIGINAL CREDITOR], Plaintiff-Appellant, v. JONATHAN CARRASCO, Defendant-Respondent. _________________________ Argued April 15, 2026 – Decided May 20, 2026 Before Judges Currier and Jablonski. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-7552-23. Jesse R. Barreiro argued the cause for appellant (Pressler, Felt & Warshaw, LLP, attorneys; Donald V. Valenzano, Jr. and Michael J. Peters, on the briefs). Lawrence C. Hersh argued the cause for respondent. PER CURIAM  Plaintiff LVNV Funding, LLC ("LVNV") appeals from a Law Division order dismissing its complaint and ordering the complaint be filed in another vicinage. We affirm. I. Defendant Jonathan Carrasco obtained a $60,000 personal loan from Sofi Lending. Under the terms of the agreement, Carrasco was obligated to repay the lender $1,649.86 over the following forty-eight months. At the time the loan was negotiated, Carrasco lived in Kearny. The debt was ultimately assigned to LVNV that sued to recover the unpaid balance after Carrasco defaulted on his payment obligation. LVNV brought the action in Essex County. After the complaint was filed, a court clerk issued a deficiency notice and informed LVNV that the complaint may have been filed in the improper venue, noting Carrasco's residence in Hudson County as reflected in the pleadings. LVNV, through Essex County Sheriff's Officer Daniel Deamorim, attempted to serve Carrasco with the summons and complaint at an address in Newark. Off. Deamorim did not serve Carrasco personally. Rather, the officer left a copy of the pleadings with a person named "Jess" at the Newark address whom Off. Deamorim described in the paperwork as Carrasco's "friend/roommate." A-3901-23 2  Instead of filing an answer, Carrasco moved to dismiss the complaint and to quash the summons and the pleadings because the complaint was filed in Essex County despite the fact that he resided in Kearny, in Hudson County . Carrasco also sought to quash service of the summons and complaint, asserting that he neither resided nor had he ever lived at the Newark address where "Jess" was served. LVNV opposed the motion and noted service was proper because Jess was Carrasco's sister-in-law and Carrasco's in-laws owned the Newark residence. LVNV further contended that Carrasco's certification denying he lived in Newark was insufficient to invalidate service, that he failed to provide his current address, and that the court should have held a plenary hearing to address the factual dispute. Carrasco certified, in reply, he continuously resided in Kearny, had never lived in Newark, and was living in Kearny when the loan was issued and when the summons and complaint were served in Newark. The motion judge granted Carrasco's motion, dismissed the complaint for lack of service and because it was filed in an improper venue, and quashed service of the summons and complaint. The motion judge specifically directed LVNV refile the m