stressboy Posted July 28, 2005 Report Share Posted July 28, 2005 Hi All,I am new to this board, and new to the bad debit thing as well, in the past I have had some slow pays and missed payments and such but nothing that was big and out standing until now.Basically I got a letter from a mediation firm telling me they could help me with my case number “xxxxxxxxx”I was like WHAT the Heck is this…..?After calling the county court I found that the case had been filed on June the 15 2005 only about 10 days before I got this letter.I went to the court house and had a copy made of the file, turns out that a company named Lvnv Funding is suing me for $7359.23 plus attorneys fees of $2453.08.They have provided the court with the sears card account and security agreement with no dates and no name on it not signed by anyone let alone me.Now I do know for a fact that I had a Sears CREADIT card back in 1998 or 1999 time frame and that we made payments to this card for over 2 years on a regular basis up until the September 11 attack on the Twin towers.At that point we stop receiving a bill each month. After about 2 month my wife contacted Sears to find out how come we no longer got any statements on this account.They told her that the accounting department that handled our account and millions of others was in the twin towers and that they had no way of finding out how much we owed on the account and not to worry about it any longer.That the debt had been written off by Sears for not only our account but for the millions of others.Now 3 years latter we get this law suit filed against us.So I have read many of the threads you guys have but I am not sure where to start with this one?So some getting started help would be great! Link to comment Share on other sites More sharing options...
IHateCAs Posted July 28, 2005 Report Share Posted July 28, 2005 Generally speaking, you are going to have to file an answer with the court.Specifically, you're going to need to know HOW to file an answer, and for all things lawsuit related, I really recommend artofcredit.comThey live and die by that stuff.Based on the info you posted, I'm betting you can motion to dismiss for failure to state a claim.Is there an itemized listing of the account anywhere? Any affidavits or just a complaint? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 28, 2005 Report Share Posted July 28, 2005 Are atty's fees allowed in the contract? Are they itemized out for the services performed? You can't just say "legal fees-2k" and leave it at that. I too am guessing they are just running the probability that they will get a default judgement. Fight and they will probably go away. Link to comment Share on other sites More sharing options...
breathing_easier Posted July 29, 2005 Report Share Posted July 29, 2005 They told her that the accounting department that handled our account and millions of others was in the twin towers and that they had no way of finding out how much we owed on the account and not to worry about it any longer.Someone must have been smoking crack that day at the ol' Call Center. Anyone else on this site with a Sears account heard anything similar to this? 9/11 wiped out millions of Sears accounts and they just wrote off all that debt? Doesn't sound like the Sears I've read about. Aren't they famous (infamous?) for improperly forcing Chapter 7 debtors to reaffirm their debt??? Link to comment Share on other sites More sharing options...
Rlee from Ohio Posted July 29, 2005 Report Share Posted July 29, 2005 Hi stressboy,LVNV is Sherman, A scum sucking JDB. You should have been served a summons, by the courts notifying you of the filed law suit, something is not right here from the get go. If there is indeed a law suit filed against you, you need to file an answer, and deny everything, and since you really are not sure, you should be comfortable in doing that. Hire a well known local attorney, who knows your local judges if you can afford too, or if you are uncomfortable in answering this law suit yourself. I doubt that LVNV has any detailed records to back up this alleged account. Do not talk to anyone over the phone, or give any information out concerning this alleged debt.Basically it is up to LVNV to prove everything., and I really doubt they canprove much of anything.Do not let these bottom feeders get away with anything.Rlee Link to comment Share on other sites More sharing options...
stressboy Posted July 29, 2005 Author Report Share Posted July 29, 2005 Thanks guys ,Yea there is an actual law suite filed with the county.I have a copy of it and it is very official looking.I don’t see in it any where that the fees for the attorneys are broken down at all just has an amount.I have not been served yet but last night my wife and I where up getting a starbuks and the kids called to tell me that a man came by the house and knocked on the door.Could have been a process server don’t know.Should I wait until I get served to do anything?Or should I fill something with the court now? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 29, 2005 Report Share Posted July 29, 2005 Check with the courts to see if anything has been filed. Link to comment Share on other sites More sharing options...
stressboy Posted July 29, 2005 Author Report Share Posted July 29, 2005 Yes it has been I went to the court house records department and paid $1 per page for 17 pages of this documented law suitSo now I guess I have to file an answer to this.The things I have noticed are that the documentation from sears does NOT have my name or my signature on it any where.Also that the files with this law suit there is only one copy of a letter they say they sent me but that I never got.So what do I need to fill with the court? Link to comment Share on other sites More sharing options...
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