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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

Hello! I am new here and totally lost. I received a strange advertisement in the mail on or about March 28 from Weston Legal offering to help me with debt collection. I dismissed it as junk mail but noticed there was a case number on the letter. Curious, so I went to the county website and found that Scott& Associates, on behalf of LVNV had filed a suit against me on March 25. I was shocked. I've seen LVNV on my credit reports but have never spoken to them or gotten paperwork in the mail from them. When I got served on April 04, the paperwork had a bright yellow note from Scott & Associates stating I could settle without going to court. I contacted them and was advised I was on a recorded line. I never admitted to the debt and instead said I had no proof of this debt. The rep stated that "Resurgent Capital would be mailing me verification shortly". I have no idea who they are either. So yesterday and today I received two different debt validation letters from Resurgent, dated April 06. One is basically the paperwork the suit had. The 2nd shows payment history from August 2018-January 2020. The letter also says I have until May 11 to dispute the debt and they will stop all collection activity while they investigate, if I choose to do so. I'm confused because they've already served me. I worked on a general denial answer that I plan on filing today. All 3 of the CRA show my account with Web Bank in good standing, closed August 2018. The LVNV is in collections. Since this time, I have been the victim of identity theft thanks to multiple breaches with our mortgage company, loan servicer, and cell phone carrier, with fraudulent attempts to obtain a PPP loan with SBA and open a bank account with Wells Fargo. I have filed an identity theft report with FTC and have a credit freeze and fraud alert with all 3 CRA. My credit has taken a beating with hard inquiries and now this collection account. I don't have the financial means to settle, although I could probably make small payments if I had to. As I stated above, I intend to file a general denial answer with our JP court where the suit was filed, but should I consider arbitration, and if so, when do I request that? Thank you in advance! 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? 3. How much are you being sued for? $5926.32 (outstanding balance was $5099 and I guess they added fees) 4. Who is the original creditor? (if not the Plaintiff) Web Bank 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? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing prior 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) 2020, not outside of SOL 11. When did you open the account? 2016, refinanced August 2018 12. What is the SOL on the debt? To find out: Last payment 01/2020 so 01/2024? 13. What is the status of your case? No court date set yet. I have written a general denial answer but haven't filed yet. Website shows "pending" 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes I have. The original account with Avant/Web Bank is not on any of my credit reports, only the collection acct by LVNV which shows opened June 2020 as 1 month revolving acct. 15. Did you request debt validation before the suit was filed? Note: No but I received 2 debt validation letters from Resurgent Capital after I was served, dated April 06. 16. How long do you have to respond to the suit? 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Bill of Sale (from Avant to Sherman Originator III LLC). It states "for value received and pursuant to the terms and conditions of the Purchase and Sale Agreement dated as of this 27th day of June, 2019" but under where it is signed it says June 24, 2020. Is this valid if there are 2 different dates? Transfer and Assignment from Sherman Originator III LLC to Sherman Originator LLC (SOLLC). 2nd paragraph then states SOLLC transfers to LVNV Funding LLC Transfer and Assignment Signature page for 3 parties dated June 24, 2020 Copy of spreadsheet listing the account history and transfer. What appears to be partial contract, showing loan agreement and promissory note arbitration clause, etc. Nothing showing when I stopped making payments. * After the suit was served, Resurgent sent me a small printout of payments made. This was no included with the suit 18. How did you find out about this site? Google

Hey everyone first post been on the forum all night looking for an answer hopefully some one can help! Back ground: Being sued by lvnv OC credit one $1,000 In Arizona They have filled MSJ For breach of contract & account stated I have two questions main question 1). In my Arbitration agreement it says each party shall bear their own expenses then it say the arbitrator shall require you to pay us collection cost including attorney fees. As a result of your default (I can upload the page or be more clear on this if need just trying to keep it short) Does this mean that they attorney fees will be add on to judgment if I lose arbitration so debt $1k +$5k attorney fee I did read here somewhere that the total can't be more then the original debt is this true 2). The MJS is for a. breach of contract say that because I used the card I agree to the terms b. Theory of account stated basically I didn't contest the amount due My question is wouldn't this create two separate contracts on the same debt the first is a written contract SOL is 6yrs the second is stated SOL 3yrs and has passed Any thoughts on how to respond to this. Thanks in advance

Hello everyone, I am being sued by LVNV. I am currently working on my judgment summary and I would greatly appreciate if you guys could look it over and give me some feedback. I am also totally lost on how to respond to number 4 can I get a lil help on it. I have attached the plaintiff response and my partially complete response.

1. Who is the named plaintiff in the suit? LVNV Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Messerli & Kramer 3. How much are you being sued for? $1500 4. Who is the original creditor? (if not the Plaintiff) Credit one 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? Lyon County, Minnesota 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure- I'll check 12. What is the SOL on the debt? To find out: 6 Years 13. 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). Nothing filed- summons served. It's a MN pocket docket situation 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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'). No 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 21 days- april 20 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing 18. How did you find out about this site? Through an internet search 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Hi! I've been reading through the forums and I think I have a plan but wanted to see if one of the MN experts could confirm for me that I'm on the right path. 1. I received the summons from JDBs local attorney and will answer all complaints with the state's Answer form. There are 3 complaints: 1. The first is " Defendant owes plaintiff $1500 for goods and services sold and delivered... purchases were made on charge account bearing account number... which was issued to Defendant by Credit One Bank." 2. Lvnv funding owns this account 3. Defendant is in default for failing to make the required payment. I *think* I answer Deny to all three because.... 2. I'm not sure about the card agreement from when i opened my account, but the one in effect when i defaulted has an arbitration clause with the small claims exception. I intend to file a claim with AAA (thank you hard cheese person for the awesome arbitration thread). 3. In my Answer to Summons, I'll put Lack of Jurisdiction and note the AAA arbitration case file number. 4. I'll send the Answer and AAA case file info to the attorney. No need to file with court per court rules. 5. Call in two weeks to talk about settlement? Sooo.... 1. A DV is pointless, right? 2. Do I hold off on filing a MTC for arb until they actually file a suit in court? 3. Did I miss anything? It feels too simple. I mean, I spent about 10 hours reading through these forums, but it feels like there should be more to it? Or did I actually manage to distill it down to the relevant action items? Thanks in advance, you're all awesome!

Finally got posted on court site, Dismissed without prejudice of course but as my friend said, hey a win is a win...no idea why they dragged it out sooooo long... Case History Mandarich Chicago filed last july 2019, for LVNV, I answered after being served and buying and quickly reading "Stick it to Sue Happy Debt Collectors", made notes and went to the legal library and did the line by line response ( I had to pay for the FULL lawsuit as it was served without required paperwork)...and fortunately this was BEFORE Covid because I filed answer got stamped copy etc (which was NEVER posted on the court website) and then about 10 days after filing my answer (to Chicago office) as I was trying to figure out best discovery questions from book since california only allows 35 non-compound questions, their discovery (from California office) arrived...so I answered theirs (to California office)and sent mine and got their back at end of October 2019...(California office)...then nothing really happened till July 2020 order to show cause hearing...It was pretty unclear to me if I should go or not but I am so glad I did...I came forward and that led to my first post here...Judge did not see filed answer and I told her I had the stamped copy here and she said " take it up with the clerks...it is like you are not even here...this doesnt concern you""" WTF???? I AM THE ONE BEING SUED...HOW DOES THIS NOT CONCERN ME????Anyways, called clerks (if not for covid would have gone down there directly!!!!) (side note thank God the other suit filed in feb had my answer posted on court site since they never sent me a stamped copy of my answer)...anyways, I got a request for judgement (from Chicago office) dated the Fri before order to show cause hearing...I had filed case management statement that week and thought that was what I was getting...nope..but their judgement was denied due to my answer on file from Aug 2019....Then they set a case management conference for 9-14-20 and I kept waiting for their statement which was not filed till 9-1 which is LATE and I when I went to the conference I told the judge it was filed late and no one had talked to me from their side or even tried...to which the judge told the local snake...erm....lawyer to tell them to pick up the phone next time...so I talked to her briefly after to give her the papers showing I am basically judgement proof which she said she could not accept....and that was that...our court date was set at end of next year...then suddenly Monday I received the Request for Dismissal which I called court about Monday which she did not see it and I posted here about it...and then last night checked court site and it said DISMISSED WITHOUT PREJUDICE PRIOR TO TRIAL... so really not sure a) why they went all the way to setting trial date before dismissing and b) why they waited nearly a month after case management to dismiss...not sure if it was because of lack of communication between Chicago and California offices (dismissal and judgement requests came from Chicago but discovery back and forth came from California office) I know everyone says it is a win at least but actually was totally more confident in winning this case than the TD Bank one (we have done no discovery either side on that one)...but I will be posting some of my commentary I had ready to put in a Motion in Limine and some stuff about LVNV I found all this stuff that I felt would be super helpful for winning...that way, anyone else who wants to fight and protect themselves against judgements etc can use in their cases...it is frankly shocking and very upsetting to me how many people are not even trying to make an answer in my own town which means so many people could be attempting to at least have a shot at preserving their money etc...I feel like trying to locate them and pass on what I learned but of course do not want to get jn trouble for practicing law without a license....although CLEARLY I learned more about the law than these lawyers even know or care about...even the judge had no idea what I was talking about ccp 1013 where it says 3 times that proof of service should be accompanied by an UNSIGNED copy of proof of service...otherwise you are committing perjury...I made copies of that for the judge...it was SUPER annoying that I was going out of my way to follow ALL the laws and yet here I am, regular person who is constantly getting these proof of services signed...by people who should know better...My mailer never signed the proof of service to the attorneys but I submitted her proof of services signed to clerks and I kept a signed copy....but anyways...I am truly thinking of writing my own book for California people...so anyways, will be keeping everyone updated on the other case... thanks for all the assistance I personally got and all the anonymous people's posts I combed thru...this victory is ALL of ours....

Hi. I cannot find ANYTHING about my situation. I am in California and was sued last year by LVNV and Mandarich. I read up and filed my answer about 2 weeks after being served. I never saw the answer listed on the website for the court. I even called them 2x in September and they kept saying it would be posted. Mandarich from Chicago is who filed and who I sent answer to. Then they sent me discovery from Ca office. I answered and sent MY discovery to Ca. The Order to Show Cause was this month so I went because it was a bit unclear from the boards about who should be there...So, there was a lady attorney for them and she asked the OSC to be put off till next year...I told the judge I was not sure why this is happening since I filed my answer. I had the ENTIRE binder with me with my answer both our discovery etc. Judge said you did? I dont see it...I said I never saw it on the web either and I called about it a few times but I told her I have the stamped filed copy here. She told me to take it up with the county clerks??? WTF???? I read a 300 pg.book DIRECTED AT JUDGES called "Bench Etiquette for Self-Represented Defendants". She needs a copy...she could have at least LOOKED at it...I mean I showed up...Obviously am interested in case. She told me "osc is not for me...it doesnt concern me...I might as well be talking to a wall..."??? I cannot tell you how offensive I found it...I DID my part...So called to clerks office when I got to the car...And they found it and got case management scheduled. I am getting sued by Target as well and that was filed in Feb and in April they did Case management conference for next week so I was wondering why the LVNV one never had that...Then I got a letter from the CHICAGO office AGAIN with papers for requesting default judgement...they said it was filed the Friday before the OSC. But we do have Sept date for case management for them...But it said in the default request they were supposed to be attaching the assignment etc which was NOT on the copy they sent me. And the name they first stamped is a paralegal in Chicago but that name was crossed out and Raquel Lopez was who apparently did it but cant find her anywhere. So why did the judge seem completely unhelpful??? She is going to be the judge both my cases so have to tread lightly... The things that these lawyers are doing seem very wrong to me...Example: I am NOT an attorney but I KNOW CCP 1013 has in 3 places that you are to send the Proof of Service by mail UNSIGNED!!! Which I have done EACH time I send them anything..Yet theirs are signed...thus committing perjury. LVNV did not include the REQUIRED ADR packet and Cover sheet when I was served...So they broke the Rule 3.7 and 3.221 with those...so WHY do I know this and they dont?? or they dont care... Target did not even finish the form for case management...they did not answer number 10 about the ADR packet and they did not list the date by which discovery would be done...I amswered those...I mean it is ridiculous... ESPECIALLY the LVNV discovery etc because WHY are we doing that if I did not answer??? And the transfer and assignment was RIDICULOUS!!! transferred thru 3 "seemingly" individual companies on the SAME DAY with 3 signatures I looked up as I have seen people suggest...There was NO header NO addresses..I could have made the Transfer and Assignment and Bill of Sale...and one of the people the infamous "Rusty Kendall" signed "Kennet Kendall"...that seems illegal to me...esp since I found he has 9 alias not one of which is Rusty...so not sure how that is an affidavit...if it is... And the Answers they sent were Verified and Executed in SC on Oct 15 by someone for LVNV and they also typed up answers and signed Oct 15...so you sent my discovery to SC and got her answers back and signed (what looks like she signed in pen) and typed it all up and signed and sent all on Oct 15???? I find that highly suspect.. And I found 3 lawsuits with LVNV stating that they "have no offices and no employees" and they merely hold the assets and let Resurgent sue and contact people and LVNV NEVER contacts any debtors"...Resurgent is not who is named in suit..LVNV is...and my transfer was signed 2018 and one case was in 2018 and one in 2019...so explain why Kevin Branigan and Rusty Kendall are believed to be LVNV reps and it says on my transfer Rusty Kendall is representative for LVNV the company I am assuming SWORE UNDER OATH they have NO OFFICES AND NO PLOYEES.... Anyways, those are the questions I have for my cases... Just really frustrated with all the shenanigans and clearly breaking the LAW that no ome seems to get reprimanded for... Planning to put those issues in Brief but who knows if the "take it up with the clerks" will even read it etc...would LOVE to put their incomplete request for default judgement in the case since they clearly did not attach the right things but know i should not give their side any leeway.... oh and the case management statement said the PLAINTIFFS ATTORNEY was supposed to send ME the cover sheet and ADR with the case management statement which they did not....arrgh...so frustrating that I am TRYING to follow the law and they flaut it at each turn... And one more thing...I found last night (and the book is from 1987 so it may not be the rule anymore) but Business and Profession Code 6077.5 says employees who are NOT lawyers MUST sign their name AND position on the letters and ALL the letters from Mandarich are signed Mandarich Law Group... So any info on these issues would be deeply appreciated...thanks so much!!! ps...next wed is the target case management thing and they have not contacted me...i know the rules say i can contact them but since they are suing me....why should I have to call them???

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.

At the end of Fall 2019 I was mailed a collection notice from LVNV Funding. The original creditor was Synchrony Care Credit, the amount $1,200, within SOL I denied debt and requested verification/validation. Within a couple of days, I received a verification packet showing the transfer of debt to LVNV funding, Statements showing a balance for 1 year (no charges/balance only stmts ), and a CareCredit Card agreement. The CareCredit card agreement lacked much information (APR, DATE, NAME, etc.), but it did have an arbitration clause. A few days after receiving the packet, I was sent a letter of intent to sue from LVNV. I contacted the credit bureaus and disputed a Synchrony Care Credit trade line and a new LVNV collection. I knew some information they reported/changed to be factually incorrect. A month later I was served in person. I’m in California. I Scheduled an MTC hearing 45 days out, filed MTC, memorandum of points and authorities (included copy of Care credit agreement they sent), Order, and had plaintiff served. I filed POS as well. This week (29 days before hearing) I was served via USPS a request for documents, request for Admissions, and Special interrogatories. The date to respond timely to them (30 plus 5 days) falls exactly on the date of the MTC hearing. However, the date on the “request for documents” has a date of 2 weeks after the hearing. Here’s my question. Should I respond prior to the hearing? I can prep the docs to send at any time, but am considering having them served via mail the same day of the hearing, depending on the ruling. I could answer “ Objection, defendant has exercised her right to utilize arbitration as the forum to resolve plaintiffs claims, and responding to this discovery request may constitute a waiver of that right (thankyou @Harry Seaward for this from another post). “ VS “objection, defendants’ motion to compel arbitration was granted and the scope of discovery is to be determined through arbitration (not sure if this is phrased correctly) .” In the event my motion is denied, I can serve the first response while filing an appeal with the court the same day of hearing. Either way, I will bring a copy to the hearing in case they show up and it gets brought up. Is my objection how I should respond to every question on all three documents... request for Admissions, Special interrogatories and request for documents? I’ve attached a redacted copy of questions for reference. Ive read through these forums and don’t have a clear picture on what the motion hearing will look like...if the judge will ask me about the case law I used on my MTC or if the other side will show up and what to expect/prep for if they do. Any advice/guidance would help. Thank you for your response. This forum helped so much with my MTC and I appreciate any advice. Question from LVNV.pdf

1. Who is the named plaintiff in the suit? Current Owner: LVNV Funding LLC Previous Creditor: Webbank 2. What is the name of the law firm handling the suit? Guglielmo & Associates 3. How much are you being sued for? 3500 4. Who is the original creditor? (if not the Plaintiff) Avant 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) family member was served 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? N/A 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) in 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 06/2016 12. What is the SOL on the debt? To find out: 7 years 13. What is the status of your case? Suit served? Motions filed? Court Date of Nov 2019. Motions to compel arbitration has been initiated 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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'). Unfortunately, no. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just a loan agreement and promissory note and a letter that states that Avant sold my loan to Sherman Originators III LLC c/o Resurgent Capital Services LP Hey Guys ! I would really love your help. I have been doing some research on this site for some time but all of this is becoming too much and I'm just hoping for some guidance. I have already initiated an arbitration to compel but the Plaintiff response is that I can not compel arbitration because the loan agreement and promissory note is with the original collector. They are requesting for the judge to deny my motion to compel arbitration and stay the matter for 30 days to allow defendant to initiate arbitration. Also, the sent me a letter telling me that arbitration will be too costly and they are willing to settle for around $800. They have also requested for a telephonic appearance for the pretrial... idk if I should comply with this request or fight for a physical appearance. I received the Motion to stay the matter on 09/19 and the telephonic appearance on 09/11 (which I really do not know how to object to). I need to respond ASAP! I would really appreciate some help. Especially from those in AZ ! I would especially love the assistance of @shellieh98 or anyone who has dealt with LVNV and/or Guglielmo . Thanks !

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

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!

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.

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?

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

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

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.

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

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

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.

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!

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

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!

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.

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.