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  1. 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 poste
  2. 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
  3. 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
  4. 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
  5. 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 peop
  6. 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
  7. 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. Previ
  8. 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
  9. 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
  10. 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 sho
  11. 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
  12. 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 b
  13. 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
  14. 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 thin
  15. 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 re
  16. 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 bei
  17. 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
  18. 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!
  19. 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.
  20. 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
  21. 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
  22. 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 b
  23. 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 hear
  24. 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 18
  25. 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