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I received a summons from LVNV Funding LLC regarding a Credit One Bank account. I filed an answer and filed a request for production with the court. They responded with monthly statements from the beginning of time as requested. However, they did not produce a signed credit application as requested, nor did they produce an executed contract between myself and Credit One Bank that I was alleged to have agreed to. They did not answer as to why they could not produce those documents as requested either. Finally, after researching the names of the notary and the affiant on the Affidavit attached to the summons I have learned they work for Resurgent Capital - a debt collection company contracted by LVNV Funding, LLC. How would they have personal knowledge of LVNV's creation of accounts? How should I proceed from here? I have attached files with items redacted for privacy and security.
I would like to post regarding my situation. I would appreciate any advice that can be given. I have recently been told that I have a garnishment that will begin in about a month from now. I was taken aback because I have been attending to my credit reports for the past couple of years very closely. I have fair to good credit scores and I never saw anything pertaining to bad debt. I began searching for what the issue was. I went to the court house where this originated. In the whole process I have found: A credit card was charged off in 2006The "placement manager" for the credit card company did an affidavit stating that something is true and correct (there is no additional documents to see with this affidavit)A complaint was filed and a summons issued in March 2006I was allegedly served in April of that same year; HOWEVER this is impossible because I did not live at that address at that time. And I have documentation from my former landlord to support this.A default judgment was ordered.This year, 2013, the lawyer signed an affidavit to serve my job (not me)There is a proof of mailing (mailing what? I don't know because there are no other documents with it). And also they mailed it to the address from 7 years ago again, although they should have had my address from my job.The lawyer and circuit court clerk signed a "renewal of judgment" in May 2013. Apparently there is no need for a judge for this.A suggestion of writ of garnishment was signed and issued in August 2013.My thought is that it should be thrown out due to: Statute of limitations (3 years in MS) No due process (I was never served)However, the few lawyers that I have attempted to contact basically say that it is my word against the service processor and do not want to take the case. Even though I have a statement from my previous landlord. Some have also said to file bankruptcy. I have decent credit through my own diligence and trying to resolve anything on my credit reports. I know that both bankruptcy and garnishments wreak havoc on credit scores. This whole situation seems wrong. But it seems like I cannot find anyone to help.