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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.
So, my wife got a writ of garnishment last week and her wages are to be garnished due to some debt originating from Sears which was bought by LVNV Funding LLC sometime before 2010. The reason I state "sometime before 2010" is because we found her credit report from 2010 (she still had it filed) from all three credit bureaus and nothing reflects a delinquent account from Sears on there. What we know: Since nothing shows on those credit reports from 2010 in regards to Sears then it must have been old enough to reach the 7 year period that erases it off of her credit. Using the case # on Miami Dade's Clerk Of Courts website, LVNV Funding started this lawsuit in 2007 which is when the case # assigned. FYI, she went to a court hearing in regards to that in 2008 and the lawyers representing LVNV Funding LLC did not show. So she and several other people there for the same thing with LVNV were sent home. Nothing came from that day she went to court. As in, there was no follow up letter from court, nothing. It dissipated and it was as if nothing happened. The attorneys they used in 2007 were http://marcadislaw.com/ So, 8 years later after her going to court in 2008 just to be sent home, her wages get garnished out of no where by http://www.ollawgroup.com/ representing LVNV Funding LLC in regards to some Sears debt again. I assume the same mystery one. Same LVNV Funding LLC with their purchased debt from Sears from god knows when and if it is my wife's debt but with different lawyers........... Also, why do i mention the attorneys they are using? Macardis Law is literally down the street from O&L Law Group Marcadis Law is actually Marcardis & Singer Law, Singer being "Gilbert M Singer" - they are the ones that sued on behalf of LVNV Funding LLC in 2007 The attorney that is representing LVNV Funding LLC now is "Jonathan R Singer" @ O&L Law Group -which he is the one that garnished her wages 8 years later after her going to court in vain. The Judge that ruled in favor of both law firms is "Judge Linda Singer Stein" How is this relevant? Bias and prejudice seems like something that could be occurring here amongst other oddities. Everyone minus Ralph Marcadis that has handled this case for LVNV Funding LLC has the same last name "Singer". "Stein" is the last name the judge got from her husband. "Singer" is her true last name. Question # 1 How can I legally obtain information on whether they are or not are related at all? As in, can I call the current lawyer "Jonathan R Singer" and ask and is he obligated to answer? Question #2: This question is based off of the "" as you see above. How can we find out what debt LVNV Funding LLC bought that they sued her for? It doesn't show on her credit back in 2010 nor does it now in Sept 2016 as she spoke to Experion today and they show for nothing in regards to Sears. It would be nice to defend ourselves but we have nothing but "hey your wages are garnished". Question #3 How is it that this case that was opened in 2007 that lead to a court date that my wife went to and then was sent home due to the lawyers not showing up - be then resurrected out of no where 8 years later with no notification but a final judgement of her wages being garnished? On top of that by a different law firm... Alot to read here I know, but there is alot that is going wrong here too, lack of information, lack of notification and lastly some possible bias since (I may be wrong, i know) the first law firm had a Singer on the case, the second law firm also has a singer on the case and the Judge is a Singer. Thanks to whoever in the internet that reads this and replies. I have been profusely researching this for 4 days till 1-2am EST. We are a low income family and they are garnishing her wages for by 25% which is alot for us being she is the only person bringing in money. I am currently working on a startup company and have not made a penny. She did file for Head of Household Exemption since she makes less than $750 a week and is the head of household. Next week is our hearing in regards to the exemption but this week they get 25% of her check. Any help, is amazing. Regards, Tamriel
Hello, I have been served with a court order to appear in small claims court over a debt that I owe from 2009 and I would like help on how I can prepare for it. I was delivered to me by the county sheriff. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC c/o Stenger & Stenger PC 2618 East Paris Avenue SE Grand Rapids, MI 49546 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stenger & Stenger, PC 3. How much are you being sued for? $1800 plus interest rate of 8% 4. Who is the original creditor? (if not the Plaintiff) General Electric Capital Corporation (Paypal) 5. How do you know you are being sued? (You were served, right?) I received a notice to appear from my county superior small claims court 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes, I was served by sheriff 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me one previous letter a few months ago stating they were representing LVNV Funding 9. What state and county do you live in? Indiana, Lake County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I thought the last payment I made was in 2010 or 2011, but according to the notice to appear it says the last payment was in 2009 as does ,y credit report. This may or may not be correct, I dont remember but the amount I paid is correct. This payment would reset the SOL correct? As far as I know in IN the SOL for credit cards is 6 year, which would mean i m still in it. 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). The status is "open" 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? I have about a month until I have to appear in court. I did not receive a questionaire. They are claiming: I opened an account with the original creditor in 2007 made my last payment in 2009 owe $1800 an agreement was delivered and is in my possession I have received billings and failed to pay I am not on active duty military service16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. exhibit A- Account statement stating the original credior, LVNV fundings location, unpaid balance, and my info. It lacks my account number and is not an original statement. exhibit B- affidavit of debt, signed by a public notary in South carolina exhibit C- affidavit of non-military service. 17. Read this article: ok How can I go about preparing my defense? From what I remember the max credit line on the card was $1500 and then with interest it got up to $1800, then it was closed out. After it went to collections I paid $500 on it. If I contact paypal will they be able to provide me with some info about it? I am assuming the payment I made reset the SOL. I have several letters sent to me by collection agencies on this debt would that help me any? several of them state I owe a different amount for the same account. Both my Experian and Equifax credit reports state this account was opened in 2008 and not 2007.