doogles Posted June 9, 2007 Report Share Posted June 9, 2007 I am being sued by LVNV and after answering the summons with this is not a valid debt, then sending them a DV, I got a disclosure statement from the court. The first question is "what are the facts supporting the claim?" My qustion is that I don't have a claim. I am going to use DV and SOL as my defense. What do I write here? The third question is "what law supports your claim(s)? Agiain, what claim? Do I put FDCPA, 15 USC1692, sec 809( for DV or what? This is so confusing. Please post some advice. THX Link to comment Share on other sites More sharing options...
cjtx Posted June 9, 2007 Report Share Posted June 9, 2007 For the first question, if all you said is "this is not a valid debt", I would be curious too as to "what are the facts supporting your statement. For example, is it yours? is it past SOL? when did you make your last payment? did you pay it off? is LVNV entitled to collect from you? etc. You don't give too many details, but unless SOL is clear as crystal, I would also attack it by challenging the chain of title and demand to see proof that LVNV can show all the paperwork to trace the debt back to the original creditor.For the third question, look at your state's laws to see which one deals with SOL.Was there a second question? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted June 10, 2007 Report Share Posted June 10, 2007 I am being sued by LVNV and after answering the summons with this is not a valid debt, then sending them a DV, I got a disclosure statement from the court. The first question is "what are the facts supporting the claim?" My qustion is that I don't have a claim. I am going to use DV and SOL as my defense. What do I write here? The third question is "what law supports your claim(s)? Agiain, what claim? Do I put FDCPA, 15 USC1692, sec 809( for DV or what? This is so confusing. Please post some advice. THXI'm no attorney and not giving any advice but you're a little far into the Court process. If I were you, I would do a search for "affirmative defenses". Review all of them carefully to see what applies to you and use any and all that apply. Sample Motions, Forms, Affirmative DefensesCall an attorney Link to comment Share on other sites More sharing options...
divemedic Posted June 10, 2007 Report Share Posted June 10, 2007 The lack of DV is not a defense Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted June 10, 2007 Report Share Posted June 10, 2007 Read the sticky - DV is absolutely of no use to anyone already in litigation.http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266614 Link to comment Share on other sites More sharing options...
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