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Found 9 results

  1. I have a collection for $3210 from LVNV Funding. I am a few points away from being pre-approved for a mortgage. I believe if the collection is removed it will boost me to a pre-approved score. I want to offer LVNV $1000 in settlement and to remove the collection account. Anyone know how likely they are to remove the account under these terms?
  2. 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. 3. How much are you being sued for? $3,000 4. Who is the original creditor? (if not the Plaintiff) WebBank 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? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Orange County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The account was closed in 2015. 11. What is the SOL on the debt? To find out: 4 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). Case management conference scheduled for the 20th of this month. 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 already filed an answer in January, a general denial Complaint Stated: 1) Open book account for money due 2) Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff 3) for money lent by plaintiff to defendant at defendant's request 4) for money paid, laid out, and expended to or for defendant at defendant's special instance and request 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Last statement, account summary report including: -original creditor, account acquired from Santander (they also included a incorrect address which is why I never received a collections notice), ownership history (WebBank, Santander, Sherman Originator, LVNV Funding) I barely discovered this site 2 weeks ago, I didn't know that there was such a site that existed. I'm just a bit scared and confused, I'm a college student and this is my first time being sued...all this information is scary, confusing, and completely over my head. I sent BOP two weeks ago and received it 3/9. In the BOP it states: "Plaintiff objects to defendant's attempt to use a BOP demand to request outside the scope and requirements of a BOP demand thereby placing an undue burden on plaintiff. Plaintiff hereby complies with defendant's demand for BOP by attaching printouts of such available documents as may be located after a reasonable and diligent search. However, in accordance with Regulation Z, truth in lending, plaintiff's predecessor is required to keep documents on open-ended accounts for a period of 24 months. After that, the documents may be destroyed. A creditor shall retain evidence of compliance with this regulation for ...2 years after the date disclosures are required to be made or action is required to be taken. Plaintiff reserves the right to supplement this response at such time as any missing transactions are located" In the documents they sent, they sent over the statements, bill of sale (with all signatures) & transfer + a bunch of redacted info. In the BOP I sent I requested "the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction." using the template. I don't know what to do, I'm scared and waited until the last minute because I'm intimidated from this whole process. Am I supposed to file anything before the case management conference on the 20th? It is currently the 10th. At this point, what are my options? Thank you all for reading this novel.
  3. I am being sued for a credit card debt. But the paperwork filed by the debt collector’s lawyer is incorrect and ridiculous, and they don’t even know what they are doing. Here is the situation: A local law firm has sued me on behalf of LVNV funding as the debt collector (who is collecting on a CITIBANK credit card). This credit card debt is out of its statute of limitation, and has been removed from my credit report as well since 2012. What they have stated in their paperwork is that there was a default judgement obtained against me in NJ in 2007 on this case, and they want to collect the money now in NY (as I live in NY now). Now the interesting part: The copy of judgement that they have attached was granted to CAPITAL ONE against me and not LVNV/CITIBANK. I was indeed sued by capital one in 2007, and they got a default judgement against me. I paid them after 3 years and the matter was closed. Now somehow this law firm/LVNV believe that the judgement was for the LVNV/CITIBANK card. It clearly states the name of CAPITALE ONE bank on the judgement (attached to the court paperwork), and they fail to recognize that. It seems like court clerks don’t even read the paper work and just send out the summons. I had received phone calls from the law firm prior to them suing me, and I was laughing at the caller. I tried to explain it to him, but he did not bother to listen to me, and yet they still sued me. It looks like they are a bunch of high school kids, and just trying to pull a fast one on me. Apart from waste of time, I don’t have a problem going to court and explaining it to the judge. What I want to know is if I can counter sue them and make them pay for this. The reasons I can think of for which I can sue them are: 1. I had sent multiple debt validation letters back in 2010 to LVNV, but they never validated this debt. They called me and sent me collection letters few times after that. 2. They reported this debt to CRAs, but did not provide me debt validation 3. They filed a fraudulent and deceiving lawsuit, claiming to have a default judgement against me, which was in reality not granted to them. I would appreciate if someone can guide me on how to proceed and handle this situation. By the way is there any legal term to describe this kind of lawsuit where the paperwork is incorrect/deceiving and fradulent Best
  4. I have received on summond 2/24/15 from LVNV FUNDING C/O STENGER & STENGER Kent county Michigan AMOUNT 746.95 for a credit card debt from CREDIT ONE BANK EXHIBIT A Plaintiff affidavit signed by Matt Summers Exhibit B Photo copy or print out "account statement" prepared by jds Lvnv. I have not yet sent my answer because i was wondering how to do the motion to strike the affidavit. also i havent received the summons from portfolio yet ,and cant find it online. But I received a letter from a lawyer stating i was being sued 63 district court my portfolio. I heard sometimes they do not send a summons so they can get a default. please help i dont want to file bankruptcy if i dont have to. scared they will take my car or something. please help cant afford to be garnished head of household low income family
  5. 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.) Scott, Parnell & Associates 3. How much are you being sued for? $1,900 4. Who is the original creditor? (if not the Plaintiff) Springleaf Financial Services (personal loan, not a credit card) 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? Yes 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? None, possibly a settlement offer that I ignored 9. What state and county do you live in? TX - Tarrant Co 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2/18/2010 11. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 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). 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? 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? 14 days - was served 1 week ago today Claim Detail: Breach of Contract , Account Stated and/or Open Account 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
  6. Hello everyone, I have found this forum via google when searching for help with settling debt and I hope that someone will be able to help me. First, a little background on how I got in debt. When I was 18 years old (2006 ish) I got my first credit card from Paypal with a $1500 credit limit. At the time I thought no biggie I can just buy stuff and pay the minimum since I was working, but being the young adolescent that I was I never paid anything and the credit line ended up being charged off by Paypal at around $1800 due to interest. I also had another credit card with chase that was charged off at $800, but I ended up settling that myself when chase sent me an offer to settle and I did, i believe it was about $500. Now here I am today and I want to settle my debt to build up my credit, but I don't know how to go about it. Over the years I have received multiple letters from multiple collection agencies trying to collect the debt some saying I owed as much as $3k which I know is BS. Yesterday I received a letter from the same debt which caught my attention. The letter I received is from a law firm in Michigan and is hand signed. It essentially says the same things as the other letters from other collection agencies, but this one is from Stenger & Stenger in Grand Rapids, Michigan. The letter reads exactly the same as the others from other collection agencies except that it is from a law firm and is hand signed by Denise M. Hallett. In addition, it also shows the original amount of $1800 and not some inflated mount. Lastly, the letter from them is dated May 27, 2014 but I received it on June 7, 2014 almost two weeks later. I doubt it take almost two week to travel from Michigan to Indiana Here is what I know about the debt. The original creditor is General Electric Capital Corporation (Paypal). The current creditor is LVNV Funding, LLC. I am located in Indiana now and I was also when I signed to received the CC from Paypal. I believe that statue of limitations for Indiana on a written contract is 10 years. A few years ago around 2010 or 2011 I paid $500 over the phone on this debt to one of the creditors, but I don't remember who it was. I do remember writing down the name of the supervisor of the guy that I was talking to as well as his ID number, but I don't think I have that info anymore. I have received letters from at least 5 collection agencies including this law firm over the years for the same debt. Can someone please point me in the right direction In how to go about settling this? A few months ago I obtained a copy of my credit report from Equifax and Experian. LVNV is posted on both as well as Chase, but Chase shows "paid in settlement" and LVNV shows "collection account". I paid for my credit score on Equifax and it is 644 (below average)
  7. 1. Who is the named plaintiff in the suit? Lvnv Funding LLC 2. What is the name of the law firm handling the suit? Stenger & Stenger 3. How much are you being sued for? 900$ 4. Who is the original creditor? (if not the Plaintiff) (world Financial Network National Bank) 5. How do you know you are being sued? (You were served, right?) Physically served at work 6. How were you served? (Mail, In person, Notice on door) In person 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? None 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) within limits still 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). 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. I never knew they were trying to serve me. 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? 21 days. Count 1) Breach of Contract. Count 2) Account Stated 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit (exhibit A) And a cheaply computer generated "account Statement" (exhibit B ) (looks like something any person could type up in MS Office)
  8. Hi- These forums have been extremely helpful as we've prepared defense paperwork on what appears to be junk debt buying by LVNV Funding represented by Nelson Kennard in Sacramento, CA. We responded to their discovery req. for Adm, Prod of Docs and Form Interrog. with help from many on this forum. We've met for CM and Settlement Conf. and trial date is set for 6/6/14. (At the CM and Settlement Conf., Nelson& Kennard sent a local atty who was not familiar with the case and appeared confused. He did agree to the trial date) We sent our own Discovery request on 12/31/13 and Plaintiff has not responded at all. We have read a lot of conflicting information on Motion to Compel - should it be sent? We've read on the forum that it forces the Plaintiff to do their homework, and it may be better to sit back and respond to any of their filings. We want to make sure we follow through with best practice for a most positive outcome. What is the next best step for us? More importantly, how do we correctly create and file a Motion to Compel Discovery and how do we create and file a "Motion to Deem admitted" our Req. for Admissions? We've researched and can't seem to find a "template" to follow for these 2 items. We would appreciate any guidance. On the forums, we've read that the date for the 45 day time period clock for filing a Motion to Compel starts with the date that the Responding party actually responds. We have not received any response, so are wondering if there is any due date for this since the time clock has not appeared to start. Lastly, can we request sanctions? How much is reasonable and is this a separate motion as well? Thanks!
  9. If you reside in Tennessee and you have received a dunning letter from any debt purchaser attempting to collect from you, [be advised] Asset Acceptance is on a tear throughout Tennessee as is Midland Funding, LLC. The latter "usually" sends a letter first through Midland Credit Management before suing through Midland Funding. CACH, LLC is always active as is Cavalry SPV I. That said, these matters are not that difficult to get dismissed but they do require your attention.