PLEASE SEE ATTACHED PDF, AND THANK YOU!! LVNV_Civil_Summons_NM.pdf
I am being sued by LVNV Funding in Bernalillo County, NM. I need to file a response this week (delayed by printer, scanner issues, sorry!). Do I send this by certified mail to LVNV's attorneys? And then file with the clerk, or vice versa?
Others' posts and Q&A are really helpful. If I hand-type a response, do I need to address every allegation? There are a few things I would like to draw the Judge's attention to:
Can anyone tell me if this attorney violated NM Stat § 61-18A-25 (2016) by producing an invoice with his own letterhead?
>>>> No person, who is not a duly licensed and qualified collection agency, shall print, publish or otherwise prepare for distribution any system of collection letters, demand forms or other printed matter upon his stationery or upon stationery upon which the said person's name appears in such a manner as to indicate that a demand is being made by such person for the payment of any sums due or asserted to be due, where such forms containing such message are to be sold or furnished to anyone by such other person at any address different from the address of the person issuing such system of collection letters, demand forms or other printed material. <<<<
There are other discrepancies in their claim vs. "the 2017 contract." First, my contract would have been in 2014. Second, this 2014 contract reads the case would be settled by an arbitrator, not a Metropolitan Court judge. Lastly, the trail of receipts does not name me or the original lender.
THANK YOU FOR YOUR HELP AND ANY INSIGHTS! I am not a lawyer, but I have an eagle eye for things that don't make sense. Thank you so much for your time!
PDF ATTACHED: LVNV_Civil_Summons_NM.pdf
1. Who is the named plaintiff in the suit? > LVNV FUNDING LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) > MACHOL AND JOHANNESS LLLP
3. How much are you being sued for? > $1097.49 + ATTORNEY FEES
4. Who is the original creditor? > CREDIT ONE BANK, N.A.
5. How do you know you are being sued? > RECEIVED SUMMONS AND COMPLAINT
6. How were you served? > IN PERSON BY PROCESS SERVER
7. Was the service legal as required by your state? > AS FAR AS I KNOW.
8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE THAT I KNOW OF. NEVER HEARD OF LVNV BEFORE.
9. What state and county do you live in? > BERNALILLO COUNTY, NM
10. When is the last time you paid on this account? 2015 or 2016
11. What is the SOL on the debt? 4 YEARS? 6 YEARS? Unsure
12. What is the status of your case? SUIT SERVED
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? NO
15. How long do you have to respond to the suit? 20 DAYS, NOW ENTERING 2nd WEEK - SORRY!
16. What evidence did they send with the summons? BILL OF SALE AND ASSIGNMENT; REDACTED XLS SPREADSHEET, COPY of 2017 (vs. 2014) CONTRACT