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  1. I apologize in advance for my lack of knowledge about any of this..... Here is a summary of my situation... I live in Arizona, At the beginning of October, I was served (it was done correctly) for credit card from Merrick Bank the debt was sold to LVNV Funding LLC who is being represented by Guglielmo & Associates in Tuscon, AZ. It is within the SOL time period. I answered within a week and received notice of pretrial conference for October 26th, I was present at the courthouse on the 26th but because of a courthouse error (they posted the wrong courtroom for my pretrial conference) I was told the judge would void the default judgement that the plaintiff's attorney had requested when I was presumed absent. And a new pretrial conference was scheduled, the new order to set began by referencing what had happened on the 26th and I somehow read it as the new pretrial conference being scheduled for 11/26 and I requested the day off work for this day. I discovered yesterday that I had read it wrong and it was on November 16th meaning I missed it. I called the courthouse and explained my situation and was told I could write a letter to the judge explaining my situation and ask for consideration. I quickly wrote up a letter and filed in with the court yesterday and mailed a copy to plaintiff's attorney. I do not have allot of hope that it will be sufficient. When I arrived home yesterday there was a motion for Judgement Pursuant to JCRP 131(a) Justice court for civil procedure 128(c) notice. "Plaintiff moves the court for a judgement in its favor because Defendant failed to appear for and participate in the court mandated pretrial conference. Pursuant to JCRP 131(a) a party who has failed to appear at a pretrial conference is subject to penalty under Rule 127(d). JCRP 127 (d) gives the court broad discretion in terms of the appropriate sanction. Given the defendant failed to appear, Plaintiff requests that the court order judgement in its favor. They included a verified statement of costs : Affidavit as to costs Expended or Incurred and an Affidavit of Attorney Fees. It states they are plaintiffs attorney and practice in area of collections, familiar with proceedings, that he and staff allotted time in an attempt to collect this obligation. They than say "Based upon the above and in addition to the current standard int his locality your affiant believes that it is reasonable to charge a contingency fee in the area of collections for AZ. The attorney fees they are asking for are $300 an hour and a contingent fee of 33% of the gross amount collected has been agreed to be paid by plaintiff, and is within the customary and reasonable fee in the area of collections for the state of Arizona. The case law they reference is Schweiger v China Doll Restaurant 138 Ariz. 183(App) 673 p.2d927 (1983). Tey attached an itemization of services totaling 2.1 hours so just over $600. I have never received discovery or questions from them I filed discovery on the 26th on the day of the first pretrial conference. The only thing they sent me was a form letter stating they were providing my requested documents which ended up only being account statements for 2 other peoples accounts from the same credit card company living in different states with totally different names. The original summons did not include a copy of th contract or assignment of account/purchase record. It would seem the only thing they might have are copies of monthly statements. I am confused because they are requesting judgement under 128 (c) 131(a) and 127(d) which it seems like by the rules of the court should be requested under section 129. And $300 an hour for attorney fees seems very high. I would really appreciate any help with how to move forward, thank you in advance.
  2. I just wrote this whole post and it disappeared. Ugh!! but in a nut shell LVNV did not show up at the hearing and the arbitrator and I waited 30 mins, no call no show and I just got my confirmation letter (see attached) lvnv arb award to Defendent.pdf
  3. Hello Everyone, Like many, I have been closely following this forum for a long time, soaking in so much empowering and invaluable information. After wringing my hands and banging my head against the figurative wall in agony, I've finally mustered the courage to reach out to you in hopes that you can give me some advice. The JDB I'm dealing with is LVNV, and the law firm representing them is Harris and Zide. The OC is Citibank. I have not been sued yet, but I did receive a dunning letter dated 10/19/18. From the various posts I've read so far, it will be a matter of time before I receive a court summons. The amount is a little less than $2K (OC: Citibank). The strange thing is, LVNV actually owns not one but two of my charged-off Citibank accounts, and the other one is a little less than $10K. I received a collection letter from LVNV on this larger debt back in June of 2018, but it wasn't from a law firm/department, and I have not heard back from them since then. Both debts have the last charged date of Feb. 2015, and the SOL runs out at the end of February 2019 (California). So why is Harris and Zide only sending me a dunning letter on just one of the debts (with smaller amount)? I would like to be proactive and develop a strategy to either make the JDB go away, or at least gain leverage for a smaller settlement. I'm thinking of sending them a Debt Validation letter where I include the wording that I want to opt for arbitration as per Citicard agreement (without admitting ownership of debt); my reasoning is that given the small amount of the debt (less than $2K), LVNV would conclude that the cost of arbitration would override the value of pursuing the debt all the way, which would give me greater leverage to settle on my own terms. I am concerned, however, about the other debt they own which, at close to $10K, might be worthwhile for them to stick through arbitration. Since Harris and Zide has not sent me any letter about this account, should I just stay mum and just focus on the smaller account? What are chances that it's some error or oversight that has caused them to overlook the other account? It's obviously way past the 30 days since I received a collections letter, but should I send a DV letter (again with the arbitration wording)? I'm hoping that given the cost prohibitive nature of arbitration, LVNV would choose instead to be more willing to work out a more amenable settlement arrangement with me. In the past couple of years, I have worked hard and settled all my other delinquent/charged-off CC debts (they were all with the OC in-house collections department). I have exhausted all my financial resources trying to clean up my credit and to take ownership of my debts. I don't have additional $12,000 to pay a JDB. I am exhausted, and I am so close to reaching the SOL (February 2018) that I really want to enrich this JDB as little as possible. Thank you for reading this long post. I would love to hear your thoughts and advice. What would you do if you were me? Any insights from our veteran California forum members?
  4. Hello All, I have lurked on this forum for over a year now. I have filed my response to JDB's counsel Harris and Zide. My case has fallen into the hands of arbitration (judicial non-binding). Of course I got a Declaration in Lieu of Testimony and there was no name of the affiant nor an address. I sent JDB's counsel a meet and confer letter (CC'd arbitrator) and they basically told me to kick rocks and were rude and nasty...so I am unable to subpoena their witness for cross examination. I will object to the affiant's declaration but I am not sure how to do that in my brief or if I should, any thoughts?. This case has been going on since July of last year and I know that I do have the fall back of requesting trial if I don't like the arbitrator's response so I am not too concerned or should I be? Does anyone have a sample Defendant's arbitration brief to share?...A copy of Plaintiff's brief is attached... I am also preparing my motion to strike, motion in limine and request for summary judgment for failure to state a claim once arb is done I didn't know to do this a year ago. They also sent junk and no precise chain of title/assignment...same game just a different player. Please let me know if you have any issues thoughts or concerns. "My meet and confer letter is attached here is there response: Dear Ms. XXXX: The meet and confer code section you reference does not apply to the issues you have presented. That code section addresses issues with discovery responses. My office last provided discovery responses to you in February. The deadline bring a motion with regard to any issues you had with those responses has long passed. The court has referred this matter to arbitration and expects the arbitration completed within a reasonable time. Plaintiff intends to go forward with the arbitration as ordered by the court. Plaintiff believes its form complaint sufficiently pleads a cause of action. If you do not agree, then it is up to you to determine what steps you should be taking. Plaintiff believes it has submitted sufficient evidence in its declaration to support entry of judgment. If you do not agree, then again, it is up to you to determine how to address that. Plaintiff’s declaration is being used pursuant to the California Rules of Court for use of declarations at an Arbitration. The Code of Civil Procedure rules regarding use of a declaration at trial do not apply to an arbitration. Plaintiff disagrees with your position and contentions and will vigorously any and all of the baseless motions you claim you will file. Sincerely. Flint Zide lvnv.doc lvnv brief.pdf By the way I did seek to find legal counsel (defense counsel and consumer attorneys in my area) but none would take my case because the amount they are suing me for is so low (they said they would not feel right billing me $250.00 per hour for a $1700.00 claim) SMH...OC Credit One and JDB LVNV Funding... declaration in lieu of testimony.pdf
  5. 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.
  6. Hello everyone. After reading through the forums here, as well as others, I can see this game being played by CA is something that will carry on long after we are all gone, kind of like cockroaches. Like others, I was shocked to receive a Settlement Offer Letter in the mail from a company called Convergent Outsourcing. They are claiming to represent a creditor by the name of LVNV Funding LLC (this is not OC). The settlement offer is for roughly $1000. The letter has the address for Converegent as Houston, Texas. However, the return address of the letter is to Wixom, MI. A few things to note from the letter... The letter was addressed to my maiden name. I've been married for nearly 14 years. In order for this "debt" to be legit, it would have to be from a CC I had 20+ years ago and hadn't used since. I vaguely remember receiving a letter similair to this at least 13/14 years ago referencing LVNV to which I accepted their settlement at that time. I no longer have any records of this as I have purged my documents considering the age. About a month ago I pulled my CR and noticed this Convergent company had done 2 soft inquires last year. All 3 CRA are not reporting anything associated with LVNV, Universal Bank, Convergent or any of the other Sherman companies. All that is being reported is 3 current CC's which have been paid in full each month since I've had them. I have nothing else being reported. *Copied from letter... The law limits how long you can be sued on a debt. Because of the age of your debt, LVNV Funding LLC will not sue you for it, and LVNV Funding LLC will not report it to any credit reporting agency. I find that particular statement interesting. If I can't be sued by LVNV Funding LLC, and if LVNV Funding LLC will not report to CRA... clearly the SOL has run out. They know this. Are they preying on people who won't read this, and, or search out advice and instead just settle? Can any other "business" other than LVNV sue or report this supposed debt? At this point, what are my options? My fear with submitting a DV is if somehow Convergent lies and says the debt is valid. Wouldn't this automatcially reset the SOL clock? Perhaps I should send a C&D? I received this letter a week ago, and it has drained me to the point that I just can't take it anymore. I just it to go away. I look forward to reading your advice. Thank you. Additional gibberish copied from the letter... *Copied from letter... THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. *Copied from letter... You may request records showing the following: (1) that LVNV Funding LLC has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor's or debt buyer's records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt. A request for these records may be addressed to: 800 SW as" Street Renton, VVA 98057. *Copied from letter... This Privacy Notice is being provided on behalf of each of the following related companies (collectively, the "Sherman Companies"). It describes the general policy of the Sherman Companies regarding the personal information of customers and former customers. Resurgent Capital Services L.P. Sherman Acquisition L.L.C. Resurgent Capital Services PR LLC LVNV Funding, LLC PYOD LLC Anson Street LLC Ashley Funding Services LLC SFG REO, LLC
  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? (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.
  8. 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
  9. I am being sued by LVNV Funding in Bernalillo County, NM. I need to file a response this week. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Do I send this by certified mail to LVNV's attorneys? And then file with the clerk, or vice versa? I think the attorney violate a NM statute, which I can't find at the moment. It says you can't produce a debt collection bill on stationery unless you are in face a debt collector. But this attorney included a letter to call his office to settle the account or pay online (attached). There are other discrepencies in their claim vs. "the 2017 contract," though my contract would have been in 2014. The contract reads the case would be settled by an arbitrator, not a Metropolitan Court judge. The trail of receipts does not name me or the original lender. THANK YOU FOR YOUR HELP AND ANY INSIGHTS! PDF ATTACHED. 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
  10. I posted this question in the wrong thread and was advised to create a new thread. I did get an answer to my question in the last thread but I wanted to post my situation for all to learn from. I am a newbie to lawsuits and I am riddled with many as of late. My question for this suit is on the production no.4 it ask for 10 original signatures of my name on a blank sheet of paper. RED FLAG went up in my head. No amount of googling was giving me any kind of help to this so I brought it here. The answer i got from previous thread was " Objection: this request is irrelevant and not destined to reveal any information material to the case as filed". This suit is my 2nd within a 30day time frame, my first suit with PRA has not requested a discovery and a court date is set for Oct.12, 2016 with PRA. Thank you for helping all of us Pro Se.
  11. Hi everyone, Today I filed my answer and response to LVNV Funding LLC after they sent a summons to me via sheriff for an alleged debt of nearly 5K. What i noticed was that I never received an initial communication with them until I got this summons period. Secondly I've disputed this account on my credit report before and the original creditor listed it as disputed and never further pursued any action and they never verified it. Looking at my most current I pulled that account and creditor isn't even listed and from my credit reports from as far back as 2010 it showed the account as being disputed. The collection agency also isn't listed on my credit report. So I have a few questions to make sure I got everything covered: 1. Can they collect on a debt that was removed and never was reported again by the original creditor? 2. If I never received any information before getting a summons aren't they in violation of the FDCPA? 3. Since reporting a debt is considered collection activity is LVNV trying to circumvent the law by sending the summons hoping to get a default judgement because they nor the original creditor which I've disputed isn't reporting the debt? 4. I used Lexington Law and I still have the emails showing the original creditor removing the debt, can I just print this also as evidence especially with them being the company sent emails? Once again this account isn't present on my credit report and help is greatly appreciated. Thanks!
  12. Does any one have much experience on the reply for a Motion to Vacate the Courts Order of Dismissal. I had not been served so the court ordered a dismissal. LVNV filed a motion to vacate that order, which the court granted on 12/30/16. The motion was mailed on 12/23/16 and I received it in the mail on 12/27/16. Do I still have 10 days from which I received the notice or is it 10 from when it was mailed or filed. From the holidays and my time frame I am coming up with to file a response by 1/6/17. This is "I think" putting the case to the beginning to which I should have 20 days to file an answer? Should I file a motion to dismiss the case on the grounds that it was not served in the time given. I have uploaded the redacted motion. LVNV refiled this case after I had responded to have a dismissal or to go to arbitration. They did not answer that motion to arbitrate and the case was dismissed. A new lawfirm picked up the case and refiled but had not served me, so this is where it is at for the moment. Any ideas on how to move forward will be appreciated. LVNV Redacted Motion to Vacate Order of Dismissal.pdf
  13. I received a request for admissions, interrogatories, production, etc.. from the Plaintiff LVNV on June 19th. The Plaintiff also filed a Motion for Summary Disposition on June 30th. My question is, do I need to respond to the discovery request, or should I simply focus on my opposition to their MSJ? I am not sure what can be deemed admissible if I don't respond in 28 days. The Plaintiff has not responded to my discovery request and so I feel I shouldn't respond to theirs. I am looking for some advice. Please help!
  14. I sent a Request for Production via paper format to the Plaintiff and they sent back a general objection citing MO Supreme Court Rule 57.01 that is had to be sent in a common electronic medium.... My questions is do I send the same request to the Plaintiff and copy the court again? There has been one court date since I filed the request and the plaintiff never mentioned the object to the request. Appreciate any thoughts on the matter. Court date is 9/27.
  15. Hello everyone and thank you in advance for your time, I am currently being sued by LVNV FUNDING LLC in Oklahoma County Oklahoma. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? Machol & Johannes LLC Attorneys at Law Denver, Co (they are licensed in OK) 3. How much are you being sued for? $1,052.76 4. Who is the original creditor? Credit One Bank, N.A. 5. How do you know you are being sued? Personally served 6. How were you served? 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? Oklahoma, Oklahoma 10. When is the last time you paid on this account? Don't know 11. What is the SOL on the debt? 5 years (it is within SOL) 12. What is the status of your case? 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 from December 30th 2015 (January 19th 2016) 16. What evidence did they send with the summons? I was served a summons and petition Along with the Firms contact number with a EZ settlement agreement. The following is the petition: COMES NOW, the Plaintiff, by and through its attorneys of record, MACHOL & JOHANNES, LLC, and for its cause of action against the Defendant alleges and states as follows: The Plaintiff is a duly organized and existing corporation, which transacts business within the State of Oklahoma. This Court has jurisdiction over the parties and subject matter, and venue is appropriate in this county. For valuable consideration received , the Plaintiff 's assignor, Credit One Bank, N.A., and Defendant entered into an agreement, wherein the Plain tiff 's assignor, Credit One.. Bank, N.A., agreed to extend credi t to the Defendant under credit card account number ***""'' ******33570 and the Defendant agreed to make payments to the Plaintiff's assignor, Credit One Bank, N.A., in accordance with the terms and conditions of the agreement. The Defendant has failed and/or refused to make payments to the Plaintiff s assignor, Credit One Bank, N.A., as required by the terms and conditions of the agreement , and is now in default. The Defendant is indebted to the Plaintiff in the amount of $1,052.76. The Plaintiff is the assignee of, and successor in interest in and to the debt originally owned by Credit One Bank, N.A.. The Plaintiff holds all title and interest in and to said debt, including, but not limited to, the right to pursue legal action to collect the same. WHEREFORE , the Plaintiff prays that judgment be entered against the Defendant in the amount of $1,052.76, court costs, attorney's fees, post judgment interest, and any other relief this Court deems just and proper. I am thinking that I can add to my answer that they are in fact in violation of 15 U.S. Code § 1692g (d) - Validation of debts because they have never contacted me about this debt before. Which if they are in violation of (d) then they would subsequently be in violation of 15 U.S. Code § 1692g - Validation of debts as a whole. Any help with this and how to word my answer would be very kind.
  16. I recently have had LVNV file a lawsuit against me similar to what other forum members have experienced. I wanted to try and fight this myself and could use a couple of tips instead of going the lawyer route as it seems pretty cut and dry that they are not the original creditor and have had no written agreement or have they shown proof they own the debt. I have written my response based on what other member have used on this thread but not sure I have done everything correctly. If anyone with experience with law and/or dealing with LVNV could please take a look at my response that would be extremely appreciated. I would even pay for someone to help with professionally writing the response as an option. PM me if you can assist. Thanks
  17. I received a collection letter from a company called Convergent, who was apparently hired by LVNV to try to collect on an old debt. I previously went to court over this account and (thanks to these forums and some great people) the attorney non-suited. The last date of payment was in late 2008 and we wrapped up in court in 2012. If it helps, I'm in TX and the SOL (statute of limitations) is 4 years. So, I guess my question is really do I simply send a cease and desist? or a DV (debt validation)? As an added point of interest the letter also clearly states "The law limits how you can be sued on a debt. Because of the age of your debt. LVNV will not sue you for ti. If you do not pay the debt, LVNV may report or continue to report it to the credit reporting agencies as unpaid" Can they do that? Should I address this as well and how would i do so?
  18. First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know! I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hearing for vacating the judgment who wanted to discuss a settlement to which my response was absolutely not! So they have refiled with my local court where I currently reside...they did pull my credit report prior to and after filing so had my current address yet still attempted to serve me twice at an old address that i have not lived at for over four years. So here's the rundown. LVNV Funding in Ohio with the usual junk attached. Plaintiff owns Defendant's account By use of the account defendant became bound by the account's agreement. Defendant breeched agreement by failing to pay. Amount now due and owing is $3xxx a copy of statement attached as "Exhibit A" Demand has been made defendant failed to pay up. It has been re-filed and I filed my answer with the court. I received their request for production of documents, admissions, and interrogatories. Which are of course the usual b.s. The alleged account was opened while I lived in another state with a 3 year SOL. So I am using this defense along with a few others. But, I have received a voicemail from them saying they are calling to collect a debt. I also received a bill from them in the amount of over $1,000 more than I am being sued for. I believe this to be them attempting to collect the amount from the judgment that has been vacated. Is this not a violation of the FDCPA? I plan on bringing this up in court as to show their inaccurate figures and being an error on their part. I believe this to be misleading to me showing I owe more than I am being sued for without a judgment against me. I am also preparing my own interrogatories and request for admissions and documents so if anyone has any advice please help!!!
  19. Oh boy… I think I’m in a pickle now…and maybe too late to make any more actions on my case… Thank you in advance for helping me on this one. I just cannot figure out what I need to do next. I have been reading this forum for a while now. I have read and learned A LOT (my eyeballs were drying out from the “study”) but for some reason, no matter how many times I read members issues/responses or read the CA Rules and Procedures, my brain is just not capturing it. I am looking for what my next step will be. The case is filed in San Bernardino, there is a Trial Setting Conference for October 18th. My questions are: When do I ask for Discovery, BOP’s, Motions, etc? Am I too late? Or does everything happen after the Trial Setting Conference? Should I file a motion for the "Real" plaintiff? 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.) Hunt and Henriquez 3. How much are you being sued for? $6,000+ 4. Who is the original creditor? (if not the Plaintiff) Chase (but the DV also says Capital One) 5. How do you know you are being sued? (You were served, right?) Served April 27th. 6. How were you served? (Mail, In person, Notice on door) They served my Aunt at my house. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes, I believe so. She would not accept it the first two times and I told her to tell them to leave it for me via her the third time they came around. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing before the letter dtd Feb 21st of their intent to file suit. Items may have been sent an old address. 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) CR says 2010. 11. What is the SOL on the debt? CA – 4 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or ( b ) 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 filed by Plaintiff April 17, My Answer AND Cross Complaint for Damages filed May 28, 15 pages. (But I also gave exhibits (prob shouldn’t ‘ave done that…). I also mentioned the Law Firm as a “Debt Collector”, making calls to my house to collect the debt (not LVNV), sending collection letters and asking for payment be sent to them and negotiating a settlement (to them). I should have filed a motion to clarify who the “real” plaintiff is. Plaintiff filed Answer to Cross-Complaint, July 2 mentioning the standard “…that any violation that may have occurred was not intentional and resulted from a bona-fide error…” blah, blah and the other common response “… that any violation that may have occurred was not intentional and resulted notwithstanding the maintenance procedures adapted to avoid such violation.” 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Just with the Debt Collection Attorney ofc and the Credit Bureaus ~ yes. Not OC (Chase or Cap1??) and not the CA, LVNV. 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. Yes! Feb 25th with a CMRR. They sent a response that shows Chase as the creditor AND Capital One, with different account numbers. They also sent 4 months of Statements with Chase. Nothing else shows that LVNV and I have any agreement for money AT ALL. 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. Done. See #12 answer. 16.We need to know what the "charges" are. Please post what they are claiming. Should see something like Common counts, account stated, breach of contract, open book, account, unjust enrichment. Common Counts: on an open book account for money due and account stated in writing by Plaintiff and Defendant. 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. None 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? None… (yet?) (this is where I need help) It appears in their Answer cross-Complaint they will ask for Discovery. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. I just HOPE I am on the right track for this case. Any help is immensely appreciated. My GOAL: Included in the Hall of Fame Winners
  20. 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)
  21. Hello all. A little stressed here... I was wondering if I could get some help with this. I've been reading a tons of helpful stuff here but I can't seem to but A to B just yet. I have just a few days to file my answer but I want to make sure it's correct. I cannot afford an attorney at this time. **teardrops** 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.) Not Listed. Prior letter stated Scott, Parnell & Associates PC 3. How much are you being sued for? About 5k. Previous Credit Report states an amount from Original Creditor that fluctuates, dates are incorrect from was filed with court. 4. Who is the original creditor? (if not the Plaintiff) CreditOne Financial Solutions (same company?) 5. How do you know you are being sued? (You were served, right?) Served at Home - Last Week 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.Upon motion supported by affidavit stating the location of the defendant's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service (1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit. (Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.)There's a blank Officer's Return attached. I don't remember signing anything and there's no date of delivery listed on the copy. 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? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nov, 2011 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). Not sure. Nothing came up on an initial search. 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? No questionnaire, just one sheet stating a citation, another Officer's Return (blank) and a case form. Plaintiff's claim is for Breach of Contract, Money had and Received, and for Account Stated and/or Open Account. The claim arises from a Credit Account entered into by Defendant with COFS, LLC, Account # XXXXX5555 (the Account). Plaintiff is the owner and holder of the Account. The Account is in default and Plaintiff sues for all amounts owing. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. At. All. ~ Thank you for your help!
  22. GoonerIndy

    Lost to LVNV in Indiana

    I've been reading this forum for the last couple months, and very much appreciate all the great advice on here. Even though I didn't win my case, this forum has been a tremendous resource. So I was sued by Resurgent Finance/LVNV for an old Citibank NA card. By way of background, the last time I used the card was in May 2004, and the last time I paid on it was around the same time. I had a balance of around $4500, and Citibank themselves sued me in June 2006 and received a default judgment against me. I filed Chapter 13 the day after my garnishment hearing. Lost my job in July 2009, and stopped paying the Ch 13 trustee, so of course my case was thrown out. If I had been smart, I would have just turned my 13 into a 7 and been done with it all right then and there. But I didn't, for reasons that don't really matter. Anyway, first I heard from any of the creditors from my Ch 13 was in September 2013 when I was served by LVNV (Weltman, Weinberg & Reis). I was served in Marion County (Indianapolis) Small Claims Court of Lawrence Township. In Marion County the small claims limit is $6k, so debt collectors file there to take advantage of the liberal rules of evidence and burden of proof. The standard in Marion Co small claims court is "preponderance of evidence," which I've learned basically means creditors don't have to actually prove anything. They just need to make a more convincing argument than the debtor, and the judge will rule in their favor. Furthermore, the township small claims courts compete with each other for the high volume collections claims, which means certain judges are more sympathetic to JDBs, and also results in forum shopping. More about that can be found here: http://online.wsj.com/news/articles/SB10001424052702303365804576433763597389214 The courts have conference rooms within the courtroom that the JDB attorneys use for pretrial conferences (without a judge present). If you didn't know better, you'd think the JDB attorneys actually worked for the court. Anyway, I had my pretrial conference back in December. When I was served they included the robo-signed affidavit from someone at Resurgent, a copy of an old Citibank statement, and a generic LVNV account statement that showed payments received from the Ch 13 trustee. I figured I'd challenge their ability to prove I ever owned the debt with Citibank (which would have been fairly easy, given the previous judgment). I'd further challenge LVNV's standing, ask them to prove they owned the debt, demonstrate chain of custody, provide a bill of sale, prove how they calculated the amount I owed, etc. So at the pretrial conference I rattled off a few of these defenses (in Marion Co small claims court, you don't have to file a response or affirmative defense). Rent-a-lawyer said ok, let's set it for trial. Trial was set back in December for today 2/19. Mid-January I sent a request for production of documents to the court and the plaintiff's attorneys (clerk said it was fine to mail filings, just to make sure to send a copy to the attorneys). Got a response from the court acknowledging it had been received and filed, but no yay or nay on my request. Never heard from the attorneys. Went to court today and found that the attorneys had filed a motion for summary judgment back in December. News to me. Figured I'd have received a copy of that from the court (or the attorney). Shame on me I guess for not checking it out. The judge asked the opposing attorney if he was prepared to try the case, because he wanted to hear all the facts. Attorney said yes, so they just brushed off their MSJ. Judge mentions he sees I've requested production of documents, but I didn't do it more than 30 days prior to trial, so he couldn't grant it. Couldn't for the life of me find this 30-day rule, but again, shame on me. I should have sent it the day of the pretrial conference. So things get started, and the opposing attorney presents exhibit 1, a stack of Citibank statement copies. I told them I didn't recall this card, and the statements didn't prove anything or jog my memory. But they had my name and address on them. I was willing to concede at that point, because I thought I had other defenses that would be more effective. However the attorney and the judge kept asking open-ended questions that never really put me in a position where I had to admit anything. They had me basically cornered, but never went in for the kill. So then they moved on from that point (judge and atty were seemingly working together by now). Plaintiff atty admitted the affidavit of debt as exhibit 2. I objected and explained how Resurgent/LVNV's affiant couldn't testify to Citibank's business records. I learned in Marion Co small claims court, you don't object, and then wait for the judge to rule on an objection, like you might see on tv, or in, you know, real court. You pretty much just say what you have to say, and the judge hears you, and everyone moves on. I'm not sure how else I could have attacked this affidavit during the trial. Not sure it would have mattered anyway. Anyway, I was shocked that the plaintiff atty rested after that. To me they'd presented a bunch of paperwork that showed I may have had a credit card with Citibank at one time. And that's it. The judge gave me a chance to speak my peace, and I explained how even if the Citibank card was mine, I didn't think LVNV had standing to sue based on not proving they owned the debt. I also challenged the amount they said I owed, and pointed out they hadn't shown how they calculated it. Finally I said I thought this debt (which I do not acknowledge) had to have been beyond the Indiana SOL (6 yrs). Now, that's a point of contention, to be sure. But as I had not used or paid on any credit card since May 2004 (which is true), I figured it was worth a shot. The plaintiff attorney didn't seem to know anything about the previous judgment, nor my Chapter 13. Chapter 13 payments don't seem to restart the SOL anyway, although Indiana case law seems to be ambiguous about that. Other states are pretty clear and cite federal law in their rulings. Basically, they state that the SOL is tolled in Ch 13, but the SOL doesn't reset. What blew my mind is that the plaintiff's attorney didn't object to my SOL bit, and the judge just kind of blew it off. He didn't say I was wrong, or question or dispute anything I said. Just asked if I had anything else. I said no. Seemed to me the plaintiff hadn't proven anything, and I had raised multiple defenses. Ah, but back to the old preponderance of evidence. Evidently I didn't make a compelling enough case that I didn't owe the debt. The judge didn't rule right there, and just dismissed us. I left not knowing what had happened. But a few hours later I checked the court's website and found the judge had ruled in favor of the plaintiff for the full amount. Seemed like kind of a chickensh*t move by the judge to not just tell me right there he was ruling against me. Anyway, if anyone's still reading, sorry for the novel. It's been cathartic to write all this out and share it. If anyone has any comments, suggestions, advice, etc., I'm happy to hear it. If anyone who knows Indiana law cares to comment, I'd especially appreciate that. I haven't found a lot of info on here about fighting a JDB in small claims court. It's a much different procedure than what I'd been preparing for based on reading these forums. I knew the rules were a little different, but there's a reason JDBs use small claims court in Marion Co. Thanks for reading. Best of luck to anyone with action pending or forthcoming.
  23. Good read for anyone being sued by LVNV or Sherman Originator. Judge highlights the many discrepancies in the documents and the sloppy/careless work of the attorneys. http://scholar.google.com/scholar_case?case=12587236111936399929&q=lvnv,+sherman&hl=en&as_sdt=20006 "This Court ordered a hearing to determine whether sanctions should be imposed on plaintiff [LVNV] and its attorneys for filing a frivolous debt collection lawsuit and whether plaintiff's counsel should be held in contempt of the Court for failing to provide court ordered documents." * * * "The Court further notes that consumer debt actions are not akin to negligence actions where extensive discovery may need to be had before a plaintiff can prove a prima facie case. Rather, consumer debt actions are primarily document driven and thus, in general, a plaintiff should be able to establish a prima facie case without any discovery whatsoever. In the instant matter, plaintiff's counsel commenced an action without having sufficient documentary proof to establish its prima facie case and did so, this Court believes, in bad faith, fully knowing what proof was required to prove a case, that it was not in possession of such proof, and, most significantly, that, in all likelihood, it could never obtain and produce the requisite proof. The conduct of plaintiff's counsel not only improperly denied defendant the due process of law but is egregious, dishonest and unprofessional and holds the courts and the entire legal profession up for public scorn and ridicule. Such conduct shall not be countenanced by the Court." * * * "The Court takes judicial notice of the fact that over the past five years alone plaintiff's counsel has commenced well over five hundred consumer debt actions on behalf of assignee plaintiffs in this Court alone." * * * "Based upon all the foregoing, the Court finds that plaintiff's counsel Rubin & Rothman, LLC's failure to obtain the requisite documentary or other verifiable proof of the claim alleged, including the entire chain of assignment(s), prior to commencing the instant action against defendant constitutes frivolous conduct within the meaning of 22 NYCRR § 130.1-1. Based thereon the Court hereby imposes a monetary sanction against Rubin & Rothman, LLC in the sum of $10,000.00 which is to be paid by Rubin & Rothman, LLC to the Lawyer's Fund for Client Protection no later than July 25, 2012." Only a measly $10K fine for denying a defendant due process and exposing the court and the entire legal profession to public scorn and ridicule.
  24. This was out of SOL last year but they're claiming that they already got a judgement in 2010 which I never saw on my credit report. Now does this new letter they sent me mean that they can only attack my Chase bank account or if they get this to their favor they can attack my other assets?
  25. Searching the internet for a way to oppose the Summary Judgement that LVNV has filed against me and hoping that anyone out there can point me in the right direction. Included is the: Motion Notarized copy of Plaintiff's Affidavit in Support of Summary Judgement An account summary generated by LVNV showing that I apparently made regular payments to them between 12/30/2009 and 08/30/2010 A generic Citibank Assignment and Assumption Agreement, Bill of Sale, that does not mention me or the account. An apparenly notorized Affidavit of Transfer from Sherman Originator LLC to LVNV Funding LLC (On this copy, the notary seal cannot be seen, also the signature of this Representative Timothy Orange cannot be seen) 5 pages of some list that starts with a File Name: Sherman BK13 August Citi Final Sale File including my name, address, SSN, account, balance, last pay date, etc. 4 Credit Card statements ranging from July 2004 to May 2007 A notorized copy of Affidavit of Plaintiff's Counsel Exhibit A is my Answers to their Summons and Complaint Exhibit B is the Plaintiff's Requests for Admissions and Interrogatories and Affidavit of Service by Mail Exhibit R1 are the credit card statements again Exhibit C is my Response to Plaintiffs Requests for Admissions and Interrogatories Exhibit D is the Plaintiff's Second Requests for Admissions and Interrogatories and Affidavit of Service by Mail Exhibit E is my Response to Plaintiff's Second requests for Admission and Interrogatories Memorandum of Fact and Law Findings of Fact, Conclusions of Law and Order for Judgement and Affidavit of Service by Mail I wish I was able to consult with an attorney on this, but I can't. I'm it. Any suggestions or points in the right direction would be greatly appreciated.