mistakesweremade

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About mistakesweremade

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  1. I recently had a case dismissed by the firm representing LVNV funding because they could not provide documentation. Over the course of about 9 month I had to go to court 4 or 5 times. We never went to trial. finally when they could not provide me with the proof I wanted they dismissed the matter. The plaintiff did, not the judge. After the account went into collection I mistakenly made a payment not knowing about SOL at the time and it was reset when I made the payment. The SOL, however, is up in two months. Here in my state the SOL for CCs is 6 years Is the fight over now? Can I get this removed from my CR because of the dismissal? My FICO at the moment is at 670 and I am using a secured credit card as well as an unsecured one to build my credit. They're limits are $581 and $1200 respectively. Should I wait until the SOL is completely up to make a move?
  2. I just read over the small claims manual and my state does allow for discovery but I haven't already done so. Court is approaching, maybe I can ask for a continuance so that I can file for discovery. Would a court allow that? the manual says they allow each party one continuance.
  3. Would the original creditor be able to provide me with any details about the account like what the original closing amount was?
  4. There was no bill of sale and exhibit a which an account statement looks like something that they just typed on their computer and doesnt even have my supposed account number although the affidavit of debt does. There was also no bill of sale.
  5. Actually the SOL on credit cards in IN is 6 years so if a payment would not reset it it would be out of it. I believe I have to appear, the court paper says "notice to appear" and it has the date and time. I have multiple notices sent to me from various collection agencies on behalf of LVNV with amount ranging up to $3500 on this debt. Would I be able to use that to my advantage? here is exhibit b: affidavit of debt Comes now affiant, and states: I, john doe, am an employee of Resurgent Capital Services, LP, Servicing agent for plaintiff, and I am authorized to make this affidavit. I am of adult age and am fully authorized by plaintiff to make the following representations which are true according to documents kept in the normal course of plaintiffs business and/or my personal knowledge. I am familiar with the record keeping practices of plaintiff. Plaintiff has obtained this debt from GE Money Bank and the original owner of this debt was General Electric Capital corporation. american citizen, the defendant, has an unpaid balance of $1800 on account *************1234, plus interest rate of 0.00% from 2009. The account was opened in 2007. The last payment from defendant was received in 2009 in the amount of $500. The account which is the subject of the complaint is a credit account. This account balance includes: a) late fees in the ammount of $0 accruing from 2009. Interest rate of 0% beginning from 2009. c) Plaintiff is not seeking attorney fees. Plaintiff believes that defendant is not minor or an incompetent individual.I swear and affirm under the penalties of perjury that the foregoing representations are true signed: john doe, affiant The foregoing affidavit was signed to and subscribed before me this day of the week, month date, 2014 signed: Jane Doe, Notary public, out of state.
  6. Hello, I have been served with a court order to appear in small claims court over a debt that I owe from 2009 and I would like help on how I can prepare for it. I was delivered to me by the county sheriff. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC c/o Stenger & Stenger PC 2618 East Paris Avenue SE Grand Rapids, MI 49546 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stenger & Stenger, PC 3. How much are you being sued for? $1800 plus interest rate of 8% 4. Who is the original creditor? (if not the Plaintiff) General Electric Capital Corporation (Paypal) 5. How do you know you are being sued? (You were served, right?) I received a notice to appear from my county superior small claims court 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes, I was served by sheriff 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me one previous letter a few months ago stating they were representing LVNV Funding 9. What state and county do you live in? Indiana, Lake County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I thought the last payment I made was in 2010 or 2011, but according to the notice to appear it says the last payment was in 2009 as does ,y credit report. This may or may not be correct, I dont remember but the amount I paid is correct. This payment would reset the SOL correct? As far as I know in IN the SOL for credit cards is 6 year, which would mean i m still in it. 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). The status is "open" 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have about a month until I have to appear in court. I did not receive a questionaire. They are claiming: I opened an account with the original creditor in 2007 made my last payment in 2009 owe $1800 an agreement was delivered and is in my possession I have received billings and failed to pay I am not on active duty military service16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. exhibit A- Account statement stating the original credior, LVNV fundings location, unpaid balance, and my info. It lacks my account number and is not an original statement. exhibit B- affidavit of debt, signed by a public notary in South carolina exhibit C- affidavit of non-military service. 17. Read this article: ok How can I go about preparing my defense? From what I remember the max credit line on the card was $1500 and then with interest it got up to $1800, then it was closed out. After it went to collections I paid $500 on it. If I contact paypal will they be able to provide me with some info about it? I am assuming the payment I made reset the SOL. I have several letters sent to me by collection agencies on this debt would that help me any? several of them state I owe a different amount for the same account. Both my Experian and Equifax credit reports state this account was opened in 2008 and not 2007.
  7. I'm gonna bump this because i'm confused. At first I wanted to pay this to get rid of it off of my credit report. However, Knowing that they paid no where near what I owe for the account If I can just not pay and they go away I am also fine with that. How can I find out if they have a record of my payment made back in 2010/2011? Exactly what would reset the statue of limitations? Would a debt validation letter reset it?
  8. Thank you for your replies. I was also thinking about sending them a debt validation letter. Here is one I found on the net. If I send the debt validation letter and there is no record of the $500 I paid, which would put this past the SOL, where should I go from there? Also I should send this directly to LVNV funding and not the collection agency correct? I have their address from my credit report. Here is the format: Date Your Name Your Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct No. XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am writing this letter in response to the phone call/letter received from you on (Date). In conformance to my rights under the Fair Debt Collection Practices Act (FDCPA), I am requesting you to provide me with a validation of the debt that you talked of earlier. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. (15 USC 1692g Sec. 809 () I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you. Please provide me with the following: 1. Agreement with the creditor that authorizes you to collect on this alleged debt 2. The agreement bearing my signature stating that I have agreed to assume the debt 3. Valid copies of the debt agreement stating the amount of the debt and interest charges 4. Proof that the Statute of Limitations has not expired 5. Complete payment history on this account along with an accounting of all additional charges being assessed 6. Show me that you are licensed to collect in my state; and page 1 / 2Sample letters for client education Your license numbers and Registered Agent If your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased. Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge. Thanking you, Your Signature Your Name
  9. Thank you for your response. Is there a format for settlement letters? My plan was to start at $500 considering I already paid $500 a few years ago. I do not understand what you mean by "deletion of a trade line" and "no selling".
  10. Hello everyone, I have found this forum via google when searching for help with settling debt and I hope that someone will be able to help me. First, a little background on how I got in debt. When I was 18 years old (2006 ish) I got my first credit card from Paypal with a $1500 credit limit. At the time I thought no biggie I can just buy stuff and pay the minimum since I was working, but being the young adolescent that I was I never paid anything and the credit line ended up being charged off by Paypal at around $1800 due to interest. I also had another credit card with chase that was charged off at $800, but I ended up settling that myself when chase sent me an offer to settle and I did, i believe it was about $500. Now here I am today and I want to settle my debt to build up my credit, but I don't know how to go about it. Over the years I have received multiple letters from multiple collection agencies trying to collect the debt some saying I owed as much as $3k which I know is BS. Yesterday I received a letter from the same debt which caught my attention. The letter I received is from a law firm in Michigan and is hand signed. It essentially says the same things as the other letters from other collection agencies, but this one is from Stenger & Stenger in Grand Rapids, Michigan. The letter reads exactly the same as the others from other collection agencies except that it is from a law firm and is hand signed by Denise M. Hallett. In addition, it also shows the original amount of $1800 and not some inflated mount. Lastly, the letter from them is dated May 27, 2014 but I received it on June 7, 2014 almost two weeks later. I doubt it take almost two week to travel from Michigan to Indiana Here is what I know about the debt. The original creditor is General Electric Capital Corporation (Paypal). The current creditor is LVNV Funding, LLC. I am located in Indiana now and I was also when I signed to received the CC from Paypal. I believe that statue of limitations for Indiana on a written contract is 10 years. A few years ago around 2010 or 2011 I paid $500 over the phone on this debt to one of the creditors, but I don't remember who it was. I do remember writing down the name of the supervisor of the guy that I was talking to as well as his ID number, but I don't think I have that info anymore. I have received letters from at least 5 collection agencies including this law firm over the years for the same debt. Can someone please point me in the right direction In how to go about settling this? A few months ago I obtained a copy of my credit report from Equifax and Experian. LVNV is posted on both as well as Chase, but Chase shows "paid in settlement" and LVNV shows "collection account". I paid for my credit score on Equifax and it is 644 (below average)