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PLEASE SEE ATTACHED PDF, AND THANK YOU!! LVNV_Civil_Summons_NM.pdf I am being sued by LVNV Funding in Bernalillo County, NM. I need to file a response this week (delayed by printer, scanner issues, sorry!). Do I send this by certified mail to LVNV's attorneys? And then file with the clerk, or vice versa? Others' posts and Q&A are really helpful. If I hand-type a response, do I need to address every allegation? There are a few things I would like to draw the Judge's attention to: Can anyone tell me if this attorney violated NM Stat § 61-18A-25 (2016) by producing an invoice with his own letterhead? >>>> No person, who is not a duly licensed and qualified collection agency, shall print, publish or otherwise prepare for distribution any system of collection letters, demand forms or other printed matter upon his stationery or upon stationery upon which the said person's name appears in such a manner as to indicate that a demand is being made by such person for the payment of any sums due or asserted to be due, where such forms containing such message are to be sold or furnished to anyone by such other person at any address different from the address of the person issuing such system of collection letters, demand forms or other printed material. <<<< There are other discrepancies in their claim vs. "the 2017 contract." First, my contract would have been in 2014. Second, this 2014 contract reads the case would be settled by an arbitrator, not a Metropolitan Court judge. Lastly, the trail of receipts does not name me or the original lender. THANK YOU FOR YOUR HELP AND ANY INSIGHTS! I am not a lawyer, but I have an eagle eye for things that don't make sense. Thank you so much for your time! PDF ATTACHED: LVNV_Civil_Summons_NM.pdf 1. Who is the named plaintiff in the suit? > LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) > MACHOL AND JOHANNESS LLLP 3. How much are you being sued for? > $1097.49 + ATTORNEY FEES 4. Who is the original creditor? > CREDIT ONE BANK, N.A. 5. How do you know you are being sued? > RECEIVED SUMMONS AND COMPLAINT 6. How were you served? > IN PERSON BY PROCESS SERVER 7. Was the service legal as required by your state? > AS FAR AS I KNOW. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE THAT I KNOW OF. NEVER HEARD OF LVNV BEFORE. 9. What state and county do you live in? > BERNALILLO COUNTY, NM 10. When is the last time you paid on this account? 2015 or 2016 11. What is the SOL on the debt? 4 YEARS? 6 YEARS? Unsure 12. What is the status of your case? SUIT SERVED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? 20 DAYS, NOW ENTERING 2nd WEEK - SORRY! 16. What evidence did they send with the summons? BILL OF SALE AND ASSIGNMENT; REDACTED XLS SPREADSHEET, COPY of 2017 (vs. 2014) CONTRACT redacted.pdf
Midland Funding has filed a case against me in connection with an alleged account I had with Credit One Bank, N.A. in the amount of $1,100.00. The plaintiff is Daniel N. Gordon of Eugene, Oregon. I have a few questions I'd love to get answered before I draft my next correspondence to involved parties. Any assistance anyone can provide would be greatly appreciated! Complaint was filed in Oregon. I have very recently moved back to California. I have not yet updated involved parties with my new mailing address, should I notify Plaintiff, county court and arbitrator? I recently received a forwarded notice that the Arbitration hearing is scheduled for June 12, 2013. On that date I will be 39 weeks pregnant, I'm due on June 17th. Arbitration is mandatory in Oregon. To date, I have filed an Answer with the Court and mailed back a response (certified and US Mail) to Plaintiff's Request for Production of Documents and Request for Admissions. My responses follow the format in the following thread regarding fighting a case against Midland Funding. I admitted to nothing and didn't produce any documents. http://www.creditinfocenter.com/community/topic/292720-start-to-finish-winning-against-midland-funding-aka-jdb/ To date, I have drafted but not sent a Defendant's Request for Production of Documents. I was waiting to receive the date for the scheduled arbitration, expecting more than a 30 day cushion from the date of the hearing so that I'd have time to mail off/file the request. I received the arbitration letter by US mail on May 15, 2012, less than 30 days from the arbitration. Since it's less than 30 days, I can no longer send the request, correct? It is stated that the Plaintiff's attorney will appear at arbitration by telephone, and they have already prepaid the $525 deposit. I currently reside 600+ miles from the court that the Complaint was filed in and under physician's orders, I cannot travel due my current state of pregnancy and will not be cleared to travel for an additional 4-6 weeks after I deliver. Should I request to appear by telephone or request a continuance to appear in person (which I'm assuming would provide me the necessary 30+ days to file Defendant's Request for Production of Documents). Can I use the continuance to request said documents from the Plaintiff? Or am I too late? Per letter from Arbitrator, I am responsible for a $525 deposit. Is this a cost that must be paid by the defendant up front? If I can't afford it do I need to submit to a default judgment? Is this a case I have any chance of winning if I didn't file the Request for Production of Documents, though I have made no admissions? I'm feeling super intimidated by the arbitration fee, and also the rumors of arbitrators ruling in favor of Plaintiff's as favors. I've already paid a $150 filing fee for the Answer and would expect a similar filing fee for the Request for Production of Documents if I end up filing it. Are all my court costs covered by me if the case is dismissed? Are any filing fees associated with my Answer and Defendant's Request for Production of Documents reimbursed by Plaintiff, and the huge Arbitration fee, reimbursed? If I lose, am I then liable for the alleged debt AND all associated court costs? I'm horrified at the thought of losing and being responsible for all these costs, especially when the Plaintiff can't even provide any proof that the alleged account belongs to me. Also, from what I've read on Google, the Statute of Limitations in California is four years and the Statute of Limitations in Oregon is six years. Out of curiousity, which SOL applies? Oregon, where filed, or California, where contract originated and where defendant currently resides? Thanks in advance for any assistance! Such a bummer to get stressed about a court case in late pregnancy.