1. Who is the named plaintiff in the suit? Current Owner: LVNV Funding LLC Previous Creditor: Webbank
2. What is the name of the law firm handling the suit? Guglielmo & Associates
3. How much are you being sued for? 3500
4. Who is the original creditor? (if not the Plaintiff) Avant
5. How do you know you are being sued? (You were served, right?) Served
6. How were you served? (Mail, In person, Notice on door) family member was served
7. Was the service legal as required by your state? Yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued? N/A
9. What state and county do you live in? Maricopa County, AZ
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) in 2017
11. When did you open the account (looking to establish what card agreement may be applicable)? 06/2016
12. What is the SOL on the debt? To find out: 7 years
13. What is the status of your case? Suit served? Motions filed? Court Date of Nov 2019. Motions to compel arbitration has been initiated
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Unfortunately, no.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just a loan agreement and promissory note and a letter that states that Avant sold my loan to Sherman Originators III LLC c/o Resurgent Capital Services LP
Hey Guys ! I would really love your help. I have been doing some research on this site for some time but all of this is becoming too much and I'm just hoping for some guidance. I have already initiated an arbitration to compel but the Plaintiff response is that I can not compel arbitration because the loan agreement and promissory note is with the original collector. They are requesting for the judge to deny my motion to compel arbitration and stay the matter for 30 days to allow defendant to initiate arbitration. Also, the sent me a letter telling me that arbitration will be too costly and they are willing to settle for around $800. They have also requested for a telephonic appearance for the pretrial... idk if I should comply with this request or fight for a physical appearance. I received the Motion to stay the matter on 09/19 and the telephonic appearance on 09/11 (which I really do not know how to object to). I need to respond ASAP!
I would really appreciate some help. Especially from those in AZ ! I would especially love the assistance of @shellieh98 or anyone who has dealt with LVNV and/or Guglielmo . Thanks !