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Found 2 results

  1. 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 !
  2. Hello, Beforehand I would like to thank everyone because this forum has helped me tremendously. I had 2 cases filed against me, I was able to obtain a dismissal on one as soon as I filed my MTC. Well the other did not go as smoothly today...... Filed MTC 01/20/18, AZ Justice court approved arbitration 02/06/18 and received order to initiate arbitration Filed for arbitration 02/22/18, arbitration said they were backed up and did not start working my case until 04/03/18 Arbitration did not start process or any mailings to any parties until 04/03/18 Today was my trial and I was pretty confident all I needed was my confirmation of the arbitration case being file 02/22/18 and copy of the letter sent to JH Portfolio on 04/03/18 requesting fees to be paid to initiate the arbitration case. Well pretty much the judge did not care I had confirmation of filed a case with AAA, he read the letter to JH portfolio letting them know the needed to send fees by 04/17/18. After reviewing confirmation and letter judge initiated the trial and entered judgement against me for the amount owed. I was not prepared for trial, I assumed my receipt and letter would be sufficient to stay further proceedings. I'm contemplating an appeal, what are my chances? It seems an appeal would go to Superior court, my main basis for the appeal is that arbitration was filed, started and was pending the receipt of fees from the other party, at this point AZ Justice court should have allowed more time for arbitration to proceed..... Thanks,