Stonebuilder

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About Stonebuilder

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    New Jersey
  1. LVNV Funding,LLC no show in court. Like almost every other person in America LVNV Funding,LLC got to my credit report and the attempt to collect a debt . I found it before they ever contacted me and with some online research found that they are a below the earth buyer of bad debt that most of the time is not owed. I contacted them in December, 2015 requesting validation under the Fair Debt Collections Practices Act. That did nothing but to have another collection agency send me a "bargain offer no one can refuse to settle their claim" ( J.C. Christensen & Associates ) All of this came several months after my initial contact, ( May,June & July 2016 ) which was past the 30 day Act requirements of responding when I first contacted them. Christensen never sent any validation which is also required to be done within 5 days of their first contact. I ignored them and they stopped, never heard from them again. August, 2016 I receive a letter from a NJ attorney stating they represent LVNV to collect an outstanding debt I owe them. Again no verification. I ignored them too and no further contact until November 2016 when I receive a summons in the mail that they are suing me. I am not one to back down so I did some more research, filed my response as required within the time frame and submitted it to the court and attorney. ( don't ignore the response, they are banking on that and also banking on you being a no show in court to get the judgement against you.) I received notice of a court date, Feb. 6,2016 and after that I received a letter from the attorney to contact his office to discuss the account. Attached to the letter was a pile of photocopied invoices from the credit card they said they had purchased my account from as their proof of owning my account, still no true documents that they actually owned the account. I ignored this too......( they are trying again to get you to slip and say you owe or will settle to get them out of your life. ) Everything I read advised not to talk to anyone direct at any of the LVNV companies contacting you because the potential existed that they could and would say you opened the negotiations and using it to admit you owe them the debt. So I just kept plodding along with the mind set I was right. I also found in reports not to sign your name, just typed because they can copy it onto their documents. Then I started my research for the court date. Here are some things to look for in the summons that are red flags. 1) Their complaint states that they own your account and the proof is the last digits of the original credit card, your name and your SS if available as attached on Schedule A and the bill of sale and assignment. Exhibit A has a receivable file number, a transfer group number and a portfolio number. None of my information proving it was me is on the exhibit. ( they need real proof it's you) The bill of sale and assignment is another one to look at, most likely you are going to find the first assignment is from FNBM, LLC signed by Rusty Kendall to Sherman Originator III, LLC signed by Jon Mazzoli, then Jon Mazzoli, Sherman Originator III, LLC to Sherman Originator,LLC signed by Kevin Branigan and finally LVNV Funding,LLC signed by none other than Rusty Kendall. Only it's not the same signature Rusty signed with when he assigned it from FNBM to Sherman Originator III,LLC. All of the assignments have the same date. There are no corporate seals, no notary, no letter head, nothing more than the title "director" or "authorized representative" next to their name, no proof it is really who they say they are. It's just a photocopy that anyone could do on a computer and have anybody sign. And guess what else, when you start to research all of the names and companies on the bill of sales and assignments you'll find they are all under the same umbrella of companies and names. It's just one big mess. 2) Check your credit report, mine showed one amount at the initial time it was added to my report and then a lesser amount about three months later. It looked like I had made a payment, another way of them saying you acknowledged the account was theirs. 3) The next thing to look for are some actual lawsuit cases against LVNV that ruled in favor of the defendant. It shows that you are not the only one and good backing in court to cite a case. There are plenty, I found them in New Jersey, New York, Maryland, Indiana. There's even one in Maryland where the state revoked their license as a collection agency. 4) Keep looking over what they have sent you for errors, the more you find the better, because they have to prove they are right and if there are a lot of errors it's hard for them to do. 5) Offer them nothing, make them come up with all of the required documentation to prove you owe them what they say you do. As you research the legal requirements of proof you will find most of it they can't prove. 6) Check with your State as to licensing or bonding requirements to see if LVNV complies. I found many states where they are not permitted to attempt collections, but do anyway. NJ requires a bond and when I sent through the proper channels to find out if they had it I got no response from the State, which led me to believe they don't........ I spent yesterday looking over all of the documents, reading my notes, the info I pulled off line (there are tons of it ) I put it all in order and was prepared to go to court today feeling pretty good that I had sufficient information to fight the fight. The Judge called off the cases and when mine was called I was present, but LVNV Funding,LLC and their attorney were not.................... The Judge dismissed the case, I got my dismissal order and I just wrote a letter to LVNV demanding they remove the information from my credit reports. Next stop a complaint and suit under the violations of the Fair Debt Collection Practices Act. I am not saying anyone should go it alone without legal advice or an attorney by your side, I'm just letting everyone know you can fight them and the more you resist if you know you are right, but stay within the law to protect your rights, they can back down or the Judge can rule in your favor. Good luck to all that are or will end up defending themselves against this group.