Pleas Help court date approaching

[ALONDRA 10]

1. Who is suing you? LVNV FUNDING LLC

2. For how much? $3754.43

3. Who is the original creditor? SEARS

4. How do you know you are being sued? Was served with a summons

5. How were you served? Were you served? At home by a constable

6. What was your correspondence (if any) with the people suing you before you think you were being sued? none

7. Where do you live? TX

8. When is the last time you paid on this account? Feb. 02

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Going to court

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? They are charging me with non payment on credit the extened to me. They say they have demanded me to pay but I have refused to pay them.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A printout from LVNV statement of how much a owe them.

14. What is the SOL on the debt? To find out: in TX 4 yrs. My sol would have expired Feb of 06 but the lawsuit was filed on Jan. of 06.

I have a court date in August. I only have ssi income and in the state of TX my homestead and ssi, since it is federal income, are exempt from granishment. My question is what should I expect when I show up for court. I am not even depositing my ssi check in bank at the moment for the same reason that I am afraid they will freeze up my account. What should I do and how should I defend myself in court? I am going to take with my my utility bills and a copy of my ssi check to show them that I only get about 400.00 a month as my income. Any advise would be greatly appreciated.

[elyse449 10]

Hi there,

I checked the SOL for Texas on accounts and all across the board it says "4 yrs" so basically, as of Feb. 2006 the SOL expired.

You need to file your "absolute defense" that the SOL has expired and file along with it, your proof. If they filed this lawsuit in January, than you should've received it in January. Either way, they waited a darn long time to file suit and if they didn't send you anything on it PRIOR to filing their lawsuit, that will also look bad.

Make sure to file your defense. Read up on the threads entitled, "If you're being sued" you'll see them in "sticky" form on the main page for "Is there a lawyer in the house.." Good luck and I'm sorry this is happening, I wish I could help you more.

Elyse

[GreatGadsby 21]

when were you served? check TX law..... many places require you to be served within 30-60 days, certainly more timely than 6 months later in July.

[ALONDRA 10]

I was acutally served in Feb. of 06. Does it matter when the suit got filed in court for my defense of Sol. If the suit was filed on Jan. 24 and my Sol expired in Feb. Do I still have defense with SOL??

[GreatGadsby 21]

nope. if the suit was filed in January '06 then they were within the SOL. it doesn't matter that the case will continue beyond the SOL, only that an action was started b4 the SOL ran.