As a student of the process I've been working through this website since I was served on 6 Jan 2021. I knew about this lawsuit previously because advertisements started to pour into my mailbox from attorneys wanting me to declare bankruptcy. BK is not an option over one debt. Since a new thread seems to be the recommended way to go, I present my information for this forum's consideration.
1. Who is the named plaintiff in the suit? LVNV Funding LLC
2. What is the name of the law firm handling the suit? Love, Beal & Nixon P.C., Oklahoma City OK
3. How much are you being sued for? $20K+
4. Who is the original creditor? Cross River Bank / Best Egg
5. How do you know you are being sued? (You were served, right?) Served by Process Server at residence in Beebe AR. Papers given to wife.
6. How were you served? (Mail, In person, Notice on door) In-person at residence
7. Was the service legal as required by your state? Yes, I believe so.
8. What was your correspondence (if any) with the people suing you before you think you were being sued? Zero. However, subsequent to the service I have received a dunning letter from LBN offering to negotiate payments.
9. What state and county do you live in? Arkansas, White County
10. When is the last time you paid on this account? Allegedly, according to complaint, 4/18/2018.
11. What is the SOL on the debt? 5 years in Arkansas
12. What is the status of your case? Suit served? Motions filed? Zero action, but ready to go pending good advice. Have a few days left.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not disputed this debt because my financial advisor recommended against it.
14. Did you request debt validation before the suit was filed? No because I've never received correspondence on this debt from any collector.
15. How long do you have to respond to the suit? 30 days. Served on 1/6/2021.
16. What evidence did they send with the summons? Attached is the redacted copy of the complaint downloaded from ARCourts.gov. Looks to be standard items which are talked about extensively here.
A. Loan Agreement (which contains an Arbitration Clause)
B. Best Egg Truth in Lending Disclosure Statement
C. Best Egg Final Account Statement
D. Best Egg Account Statement
E. Resurgent Capital Account Summary Report
F. Bill Of Sale + Attachments
G. Transfer and Assignment
H. Exhibit A Receivables Batch File
I. Affidavit signed by Arlah Klugh
I've attached redacted copies of what was served and further affidavit regarding military service. I'm a military Reservist, but not currently on orders, so the SCRA protections don't apply, I believe.
I did speak to one attorney here in Arkansas. He's not strictly a consumer rights attorney, but was the only advertisement I received in the mail which wasn't an offer of bankruptcy.
I'm open and ready to learn from the experience and experiences here. Next steps? Should I answer, deny, and MTC? For this amount would LVNV Funding follow me into Arbitration? What is the landscape in Arkansas regarding the MTC Arbitration process.
HTree LVNV LBN Complaint Redact 17 Dec 20.pdf HTree LVNV LBN Affidavit As To Military Service Redact 19 Jan 21.PDF