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Hi everyone. Long story short I was served few weeks ago by a firm representing LVNV in small claims court. I filed my answer but due to some health issues and other personal problems I haven't been able to contact them to make arrangements before recently. I also wanted to scrape together a small lumpsum to offer to pay in good faith. I called and they wanted my pay frequency, take home pay, etc in order to see if anything less than balance would be accepted. I wasn't entirely comfortable giving that out and I told them I'm happy to make a payment via money order and work out arrangements for the remainder afterwards but didn't feel comfortable giving out financial info. Honestly the questions felt like I'm giving them a direct path to garnish me.They were a little rude about it and hung up abruptly after saying I could think about it and call back. I feel so defeated. They said unless the balance is paid in full before court date (next week) they'll get a default judgment and I'll be garnished and responsible for court costs etc. Person I spoke to wasn't the attorney if it matters. They didn't even give me the chance to ask and talk to them. I'm not sure what to do. I don't have the balance to give them. I'm struggling as it is. Any advice is appreciated!
Hello Everyone. I have answered the questions to be as clear as i can. Please let me know if i have left anything out or if you would like to see anything talked about. Thank you! If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? LVNV 2. What is the name of the law firm handling the suit? Jacob Law Group, PLLC 3. How much are you being sued for? $650.72 Plus $91.00 court cost = $741.72 plus post judgement interest at 8% 4. Who is the original creditor? Credit One Bank 5. How do you know you are being sued? I found a Summons, Declaration and affidavit taped to my door. Then later received a summons via first class mail. 6. How were you served? Mail and found on door. 7. Was the service legal as required by your state? In person No 1. No process server 2. Not done by a sheriff By mail: 1. Only received copy of summons and not complaint 2. Did not receive the two copies of a notice and acknowledgment conforming substantially to Form 1-B and a return envelope, postage prepaid, addressed to the sender. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? This debt is from 2016. · First contact via email from True accord Dec 3, 2019 · Set up a payment plan via True accord site: Original debt was $1301.48- Made payments of 108.46 a month up until 5/29/2020 for a total of $650.76 taken off the original debt. · True accord continued to email me (Jul 2020, April 2020, and Sept 2020) · Feb 2021- I now am getting emails from Halsted Financial Services. Those continued to March 16 and 28th. April – then stopped (guessing it was returned to the “client” · Jun 2022- True Accord again contacting me. 9. What state and county do you live in? Mississippi / Harrison County – The debt was obtained in New Mexico/Sandoval County. 10. When is the last time you paid on this account? 5/29/2020 to true accord 11. When did you open the account (looking to establish what card agreement may be applicable)? 4-15-2016 12. What is the SOL on the debt? To find out: 3 years in Mississippi - New Mexico 6 Years Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? 1. Summons received. Jan 30, 2023 2. Submitted my response to allegations. Feb 3, 2023 3. Sent a debt validation letter. 3-4-2023 4. Court (March 9th, 2023) and it was postponed because LVNV needed the time to respond. April 5th, 2023, Received. · Letter dated March 8th, 2023- Enclosed please find the documentation validating this account. o Account summary report dated 11-18-2022. Which has § My information (name and current address) § “current” account information: Owner LVNV funding, Resurgent ref #, Original creditor, account number, current balance, and date of last payment § Recent payment transactions § Historical acct info: original creditor, origination date with original creditor, charge of date, charge off amount, the account was acquired on or about date and the account balance at the time of the acquisition. o Then follows a series of credit card statements that obviously are printed or photocopied. Court again 4-20-2023 · Talked to lawyer for LVNV which was a different lawyer then previous court date and was handed a NEW stack of papers which included: o The same declaration o Bill of Sale and Assignment of accounts (there are multiple and will list them here) § Nov 30, 2018, from credit one bank, N.A. To MHC Receivables, LLC it mentions that the data file named CreditONE_sherman_122018 a copy which is attached hereto and incorporated herein by limited to applications, statements, terms and conditions and to reference Exhibit A which is not marked or is mentioned or listed out in anything. Then it’s “signed” by Gary Harwood the vice president. § Dec 18th, 2018, MHC Receivables LLC to FNBM LLC exact same verbiage used and this is “Signed” by Mark Rufail, Authorized Rep. § Dec 18th, 2018 -FNBM LLC to SHERMAN ORGINATOR III LLC – Signed by Jon Mazzoi, Authorized Rep. § Dec 18th, 2018 -MHC Receivables LLC to Sherman Originator III LLC (How is this possible, when above its says that MHC sold to FNBM?) Signature of Mark Rufail – Auth Rep o Transfer and Assignment: Transfer and Assignment Sherman Originator III LLC (“SOLLC III”), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator LLC (“SOLLC”) all of its right, title and interest in and to the receivables and other assets (the “Assets”) identified on Exhibit A, in the Receivable File dated December 05 2018 delivered by MHC Receivables, LLC and FNBM, LLC on December 18 2018 for purchase by SOLLC III on December 18,2018 . The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above-mentioned transfer, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC (“LVNV”), the above-mentioned Assets. The transfer of the Assets included electronically stored business records. Signatures on this Transfer and Assignment: Dated December 18, 2018, Sherman Originator III LLC a Delaware Limited Liability Company. Signed by Jon Mazzoi Director. (Wait a Minute- Wasn’t Jon Mazzori a auth rep above?) Dated December 18 ,2018 Sherman Originator LLC, a Delaware Limited Liability Company. Kevin Branigan Authorized Rep Dated December 18, 2018: LVNV Funding LLC, a Delaware Limited Liability Company. Signed by Rusty Kendall Authorized Rep. Due to this being the first time I had all this documentation as it wasn’t sent in their reply, I have a continuance again for June 1st, 2023. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. Through a company called LEXINGTON LAW: § Sep 1, 2020 – Formal debt validation request to Resurgent Cap Services. § Dec 27, 2020, Sent legal challenges to Trans Union. For Resurgent § Email received Jan 15, 2021, from Lexington law that Credit One bank was removed (showed as a charge off) § Email from Lexington law: No longer on my Equifax credit report – Resurgent/CVI § Email from Lexington law: no longer on my Transunion Credit Report: Resurgent cap services LP § Currently Credit one/ Resurgent are no longer on my report. 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'). I submitted the DV after I sent my response. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No questionnaire but did receive Plaintiffs affidavit of indebtedness and ownership of account. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The only thing I received taped to my door with the summons was the declaration and the Plaintiffs affidavit of indebtedness and ownership of account. 18. How did you find out about this site? Google is amazing when you know how to use it. 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit I have an arbitration clause for small claims court – This was going to be my next step until I read that. Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
Okay so I fell in with a bad credit card company a year or so ago. They called their self Credit One. They tried to make theirselves sound more legitimate by using a name close to capital one and even had close to the same logo. The credit card was supposed to be for $400 but they took off like $70 for an activation fee or something . I made several attempts to pay these people and always had trouble. I am not a racist person but these people were all foreigners, Indian , I believe. I could hardly ever understand a word they were saying. I tried giving them my debit card over the phone to make a payment and they would say something to the effect that they couldn't accept a debit card. That didn't make sense to me, they wanted my bank account information to take it out that way, and like an idiot I gave it to them. They then tried to process the money, I guess, because they said that my bank was blocking them from taking the money out. I've never had any issue with anyone else trying to take money from me. They said I should call my bank and ask them to remove the block and let them take the money out. I called my bank and they laughed it off and said they weren't blocking anyone from doing anything. So later I called Credit One back and tried to get an address to send a check to. Like I say I could barely understand these people and I never understood what the address they were telling me was. They would call me about 20 times a day, usually before I was awake or while I was at work. Eventually I got a letter saying that someone had bought credit one out and that they were taking over. This new company seemed odd to me, like maybe a ghost bank. And not long after that I received one letter from LVNV saying they now owned the debt and wanted me to pay them everything including overages even though I tried to pay the original credit owner. Then it wasn't long after that that I started getting letters from attorneys saying i'm being sued by LVNV funding and that they wanted to help me or something by filing bankruptcy, I'm 27 so I'm not doing that. A courier from the magistrate tried to serve me while I wasn't home. So the next day I went to the court myself and got the papers. It says that LVNV says I owe them $682.75 plus $95 costs to date and all future costs. I made another mistake by calling the law firm that is suing me. They wanted to know where I work , and unfortunately I told her how I thought the company was a scam and that I tried to pay them. She asked me to write all of it down and send to them. Which I wont do because I believe they are wanting to use it against me, maybe as admission of me owing the money. The lady at the magistrate court gave me a reply form. I have 30 days to write my reply to the lawsuit or I lose automatically. I am unsure what to write, I don't know if I should deny owing any of it (obviously I feel this is wrong but i've read that LVNV has lost several cases by not being able to prove the person owes the money or that they own the debt now), or if I should tell the straight truth of how I tried to pay these people and they wouldn't take my payments. I don't know much about this stuff so I guess I'm just hoping for some advice. I live in Georgia by the way. Also their only evidence I see , exhibit A, is "Plaintiff's affadifit of indebtedness and ownership of account" . Its a form saying that they are an authorized representative of LVNV funding and that I origininated the account with credit one on 1/26/2015 and that the debt was transferred to them around 2/17/2016