CA has filed a claim in JP Court

[outforjustice]

Does anyone out there have an anwser for me on this one;

I have been cleaning up my husband's credit report and it was like stirring in stink!! They started coming out of the woodwork, even ones that weren't even in there for the same claim.

Anyway, LVNV fUNDING LLC is CA for OC. My husband bought a box-springs and mattress at Rooms To Go Financed through Household and within 6mos this 1400.00 mattress was in very bad shape from Sealy workmanship.

Since he thought that his purchase was under warranty, he complainted to Rooms To Go whom then told him that they did not honor any warranties after purchase, that he might try calling Sealy who also refused to honor the warranty.

My husband called OC and they told him that he would have to go to Rooms to Go for warranty concerns and there was nothing they could do. :confused:

Now he had a deferred payment plan with this but never made a payment as he called all parties mentioned and told them with 6 months, that he was refusing to pay for this if they did not take the product back and make good on the warranty. Of course there is no way to prove that he called or that he didn't call:twisted:

The deferrment was for 18mos, the purchase was made 5/01and was the DOLA. Does anyone know when the SOLin the state of Texas (which is 4 years) starts?

Also, my husband hasn't been served yet but one attempt has been made and we were not home. I called the process server and told him when we were home and to come back and serve the papers.

But, how we found out he was being served, a medition center sent a letter and offered to respresent us as mediators for a cost. Also, an attorney's office sent a letter and offered a settlement for over 1700.00 if we paid by March 30th or they were ready to take us to court. Also said the represented Household Bank. Claimed the account had been given to them now.

He is now being sued for over 2600.00 for this 1400.00 household card charge. I know it's confusing but any help on the statues is appreciated.

Also, The OC, Rooms to Go and LVNV LLC all three have the same account listed on his CR, is that legal?

[outforjustice]

Does anyone out there know if the statue of limitation starts with date of last activity of date after deferrment ends with still no activity.

I have been cleaning up my husband's credit report and it was like stirring in stink!! They started coming out of the woodwork, even ones that weren't even in there for the same claim.

Anyway, LVNV fUNDING LLC is CA for OC. My husband bought a box-springs and mattress at Rooms To Go Financed through Household and within 6mos this 1400.00 mattress was in very bad shape from Sealy workmanship. The box-springs warped and the padding on top and bottom of mattress sagged almost two inches inward.

Since he thought that his purchase was under warranty, he complainted to Rooms To Go whom then told him that they did not honor any warranties after purchase, that he might try calling Sealy who also refused to honor the warranty.

My husband called OC and they told him that he would have to go to Rooms to Go for warranty concerns and there was nothing they could do. :confused:

Now he had a deferred payment plan with this but never made a payment as he called all parties mentioned and told them with 6 months, that he was refusing to pay for this if they did not take the product back and make good on the warranty. Of course there is no way to prove that he called or that he didn't call:twisted:

The deferrment was for 18mos, the purchase was made 5/01and was the DOLA. Does anyone know when the SOLin the state of Texas (which is 4 years) starts?

Also, my husband hasn't been served yet but one attempt has been made and we were not home. I called the process server and told him when we were home and to come back and serve the papers.

But, how we found out he was being served, a medition center sent a letter and offered to respresent us as mediators for a cost. Also, an attorney's office sent a letter and offered a settlement for over 1700.00 if we paid by March 30th or they were ready to take us to court. Also said the represented Household Bank. Claimed the account had been given to them now.

He is now being sued for over 2600.00 for this 1400.00 household card charge. I know it's confusing but any help on the statues is appreciated.

Also, The OC, Rooms to Go and LVNV LLC all three have the same account listed on his CR, is that legal?

[outforjustice]

I just found this law about Texas small claims and who may or may not file a petition here. The following is concerning a CA filings in small claims;

28.003. Jurisdiction

(a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000.

( An action may not be brought in small claims court by:

(1) an assignee of the claim or other person seeking to bring an action on an assigned claim;

(2) a person primarily engaged in the business of lending money at interest; or

(3) a collection agency or collection agent.

© A person may be represented by an attorney in small claims court.

(d) This section does not prevent a legal heir from bringing an action on a claim or account otherwise within the jurisdiction of the court.

(e) A corporation need not be represented by an attorney in small claims court.