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Oh For The Love Of God.... Could Someone Help.


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I was sent a collection notice from LVNV over an old Sears account. I disputed this some time ago and they then forwarded the account, without vaidating it, to Suttell & Associatiates P.S.

Suttell then sent me a collection notice which I promptly disputed. Today I recieved their "validation" letter. Check this crap out.

Pursuant to your reqest for validation of the above refernced account assigned to our offices to collect, you will please find the enclosed herewith:

1.) Affidavit of Creditor (The creditor has requested suit on this account and the affidavit has been provided by our client for suit purposes. We are providing you a copy of this affidavit for verfication purposes. at this time suit has not been initiated.)

This validates the debt and we have been instructed to proceed to collection unless you can make payment arrangements.

This affidavit is is signed by an LVNV Funding LLC employee... yup, the very same collection company I disputed a couple of months ago.

LVNV FUNDING LLC AFFIDAVIT OF ACCOUNT

STATE OF GEORGIA

COBB COUNTY

COMES NOW, Nicole Gunnell, and after being dully sworn before the below person authorized to administer oaths states the following:

I am over 18 years old and sui juris and I am attorney network manager for LVNV Funding, LLC ASSIGNEE TO SEARS ROEBUCK AND CO.

I am familar with the books and records of the Plaintiff and these books and records are kept in the ordinary course of buiness

The statemenst and documents attached hereto are true and correct

The defeants over the principal sum of XXX Interst has accured at 12 since November 2004, in the amount of XXX

The Defendants account number for which they oe the debt is XXX. The Defendants are past due on this account and in breach of the contractual agreement to pay as agreed.

I know no liability insurance, bond or other security which may be available to pay this debt.

The Defendants are not minors nor incompetent persons.

SIGNED and notaried.

This has to be illegal as hell. One collection company hiring another then validating the collection with an affidavit....

How should I respond to these sleese SOB's?

I should point out that they have not done their home work... I am single, so there is no co-defendant, I have not been suied or even served with papers of any kind, and the debt is in dispute with Sears, LVNV, and Suttell.

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It's only an affidavit that they acquired the debt as junk and they believe the Plaintiff to be correct. If it were me I would simply ignore it and wait and see what they eventually do. There are no laws mandating that anyone has to validate or prove a debt upon request, or even respond at all. To successfully sue you if they chose to do it, they would have to be fairly solid in court. Write the credit bureau of your choice and request they delete the tradeline because they cannot validate the debt.

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GHA that is a half truth and you know it. While they do not have to validate, they certainly cannot continue collection activity until they validate. (Which they have done here)

They also cannot simulate an attorney, when in fact they are not. Read:

"I am attorney network manager"

This is misleading, to say the least.

The OP needs to immediately send another letter, refuting this affadavit.

ORIGINAL POSTER- search for affadavit in this board and you will find the advice you are looking for.

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Thank you both.

I have sent them a reply based off of one of the outstanding letters of this site, talored to my needs of course, and I have also filed a complaint with my states AGO.

Sears is a real pain in the a$$ to deal with.. Each time you DV one of their collections companies, they move it onto another one. Oddly enough they are all owned by the same company... so wouldn't a DV letter with one work for all of them?

I have a peace of paper around here that shows them all to be part of the same company... damned if I can find it though.

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Look at your state laws. Florida, for example, makes it illegal to tell someone about a disputed debt without also telling about the dispute.

That's the Consumer Collection Practices. Also known as, "Florida Consumer Collection Practices Act", Part VI, Florida Statutes s. 559.72(3). In collecting consumer debts, no person shall tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6).

* Creditor is any person who offers or extends credit creating a debt ....

*Debt Collector is any person who uses any instrumentality of commerce within this state, ...

s. 559.77 Civil Remedies.--- Provides for upon adverse adjudication, the defendant shall be liable for actual damages and for additional statutory damages of up to $1,000, together with court costs and reasonable attorney's fees incurred by the plaintiff.

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