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  1. Hello! I am new here and totally lost. I received a strange advertisement in the mail on or about March 28 from Weston Legal offering to help me with debt collection. I dismissed it as junk mail but noticed there was a case number on the letter. Curious, so I went to the county website and found that Scott& Associates, on behalf of LVNV had filed a suit against me on March 25. I was shocked. I've seen LVNV on my credit reports but have never spoken to them or gotten paperwork in the mail from them. When I got served on April 04, the paperwork had a bright yellow note from Scott & Associates stating I could settle without going to court. I contacted them and was advised I was on a recorded line. I never admitted to the debt and instead said I had no proof of this debt. The rep stated that "Resurgent Capital would be mailing me verification shortly". I have no idea who they are either. So yesterday and today I received two different debt validation letters from Resurgent, dated April 06. One is basically the paperwork the suit had. The 2nd shows payment history from August 2018-January 2020. The letter also says I have until May 11 to dispute the debt and they will stop all collection activity while they investigate, if I choose to do so. I'm confused because they've already served me. I worked on a general denial answer that I plan on filing today. All 3 of the CRA show my account with Web Bank in good standing, closed August 2018. The LVNV is in collections. Since this time, I have been the victim of identity theft thanks to multiple breaches with our mortgage company, loan servicer, and cell phone carrier, with fraudulent attempts to obtain a PPP loan with SBA and open a bank account with Wells Fargo. I have filed an identity theft report with FTC and have a credit freeze and fraud alert with all 3 CRA. My credit has taken a beating with hard inquiries and now this collection account. I don't have the financial means to settle, although I could probably make small payments if I had to. As I stated above, I intend to file a general denial answer with our JP court where the suit was filed, but should I consider arbitration, and if so, when do I request that? Thank you in advance! 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? 3. How much are you being sued for? $5926.32 (outstanding balance was $5099 and I guess they added fees) 4. Who is the original creditor? (if not the Plaintiff) Web Bank 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) In Person 7. Was the service legal as required by your state? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing prior 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2020, not outside of SOL 11. When did you open the account? 2016, refinanced August 2018 12. What is the SOL on the debt? To find out: Last payment 01/2020 so 01/2024? 13. What is the status of your case? No court date set yet. I have written a general denial answer but haven't filed yet. Website shows "pending" 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes I have. The original account with Avant/Web Bank is not on any of my credit reports, only the collection acct by LVNV which shows opened June 2020 as 1 month revolving acct. 15. Did you request debt validation before the suit was filed? Note: No but I received 2 debt validation letters from Resurgent Capital after I was served, dated April 06. 16. How long do you have to respond to the suit? 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Bill of Sale (from Avant to Sherman Originator III LLC). It states "for value received and pursuant to the terms and conditions of the Purchase and Sale Agreement dated as of this 27th day of June, 2019" but under where it is signed it says June 24, 2020. Is this valid if there are 2 different dates? Transfer and Assignment from Sherman Originator III LLC to Sherman Originator LLC (SOLLC). 2nd paragraph then states SOLLC transfers to LVNV Funding LLC Transfer and Assignment Signature page for 3 parties dated June 24, 2020 Copy of spreadsheet listing the account history and transfer. What appears to be partial contract, showing loan agreement and promissory note arbitration clause, etc. Nothing showing when I stopped making payments. * After the suit was served, Resurgent sent me a small printout of payments made. This was no included with the suit 18. How did you find out about this site? Google
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