devildog64504 Posted November 27, 2007 Report Share Posted November 27, 2007 Hello all.........Issued a summons again by LVNV Funding for an old Providian acct. that I question is mine. Live in the state of Missouri. In May I showed up in court on the first one they issued and it was dismissed without predjudice because they did not show. Went in blind to the first one, not having a clue with what I was doing. They tried to serve me a copy of a new summons for a court date of Nov. 21st, but they were unable to serve me a copy and the court sent it back to them. Then the lawyer contacted me by phone saying I had a court date on the 21st and I needed to be there. I told them I had no knowledge of this court date and had never been served papers on this matter. They offered me a settlement deal of $1500 lump sum payment or $250 a month for 24 months.(the lawsuit is for $2561.45. I stated to them that I have no recollection of this credit card or the debt owed. Asked them for an acct. #, but they could not supply one. I called my counties district court and they sent me out a copy of this summons that was sent back to the lawyer.Plaintiff is LVNV Funding , LLC assignee of Providian Petition on CC1)plaintiff issued to defendant a line of credit which said line of credit was in the form of a credit card.2)at the time of the issuance of said credit card to the defendant plaintiff caused said credit card to be accompanied by a set of rules for the use of said card.3)defendant by acceptance and use of said credit card and the line of credit made available to defendant thereby agreed with plaintiff to the aforesaid set of rules, and to pay it or its assignee all sums of money representing credit advanced to defendant by any person through use of said credit card.4)defendant accepted credit through use of said credit card by the persons, or firms in the amounts set forthe in the attached statement.5)Plaintiff has paid valuable consideration to each of said issuers of credit to defendant and that as consideration therefor each of said issuers of credit has assigned to plaintiff the rights to receive payment evidenced in each of the transactions making up the balance due.6)Plaintiff has made demand upon defendant for payment of each of said items, but defendant failed to pay same or any part therefor, leaving a balance due in the sum of $2561.45, as set for in the affidavit attached hereto and made a part hereof.7)Plaintiff is entitled to interest at the contract rate of 9% annum, from and after April 19, 2002; for interest on any judgment rendered at the rate of 9% per annum; and costs. there is also an affidavit attached saying that the amount is correct.Date of last activity on this acct. on my credit report shows a 04/2002 and was sold.State of Missouri sol is 5 years on a credit card correct? Is this my best defense?Any ideas how to defend this? Link to comment Share on other sites More sharing options...
merkurfan Posted November 27, 2007 Report Share Posted November 27, 2007 Hello all.........Issued a summons again by LVNV Funding for an old Providian acct. that I question is mine. Live in the state of Missouri. In May I showed up in court on the first one they issued and it was dismissed without predjudice because they did not show. Went in blind to the first one, not having a clue with what I was doing. They tried to serve me a copy of a new summons for a court date of Nov. 21st, but they were unable to serve me a copy and the court sent it back to them. Then the lawyer contacted me by phone saying I had a court date on the 21st and I needed to be there. I told them I had no knowledge of this court date and had never been served papers on this matter. They offered me a settlement deal of $1500 lump sum payment or $250 a month for 24 months.(the lawsuit is for $2561.45. I stated to them that I have no recollection of this credit card or the debt owed. Asked them for an acct. #, but they could not supply one. I called my counties district court and they sent me out a copy of this summons that was sent back to the lawyer.Plaintiff is LVNV Funding , LLC assignee of Providian Petition on CC1)plaintiff issued to defendant a line of credit which said line of credit was in the form of a credit card.Defendant denies any accounts with LVNV Funding2)at the time of the issuance of said credit card to the defendant plaintiff caused said credit card to be accompanied by a set of rules for the use of said card.Defendant has no recalation of a account, or account agreement3)defendant by acceptance and use of said credit card and the line of credit made available to defendant thereby agreed with plaintiff to the aforesaid set of rules, and to pay it or its assignee all sums of money representing credit advanced to defendant by any person through use of said credit card.Defendant denies holding an account with the plaintiff, and did not agree to any terms4)defendant accepted credit through use of said credit card by the persons, or firms in the amounts set forthe in the attached statement.Defendant denies receiving any benefit from said account5)Plaintiff has paid valuable consideration to each of said issuers of credit to defendant and that as consideration therefor each of said issuers of credit has assigned to plaintiff the rights to receive payment evidenced in each of the transactions making up the balance due.Defendant has no knowledge of this statement(ask for proof they can receive payment for providian)6)Plaintiff has made demand upon defendant for payment of each of said items, but defendant failed to pay same or any part therefor, leaving a balance due in the sum of $2561.45, as set for in the affidavit attached hereto and made a part hereof.Defendant denies owing plaintiff any amount7)Plaintiff is entitled to interest at the contract rate of 9% annum, from and after April 19, 2002; for interest on any judgment rendered at the rate of 9% per annum; and costs. Defendant has no knowledge of this statement(ask for proof of the rate in discovery)there is also an affidavit attached saying that the amount is correct.Is this from Providian?Date of last activity on this acct. on my credit report shows a 04/2002 and was sold.State of Missouri sol is 5 years on a credit card correct? Is this my best defense?Any ideas how to defend this?Defendant calls to the courts attention MO statute (insert SOL statute number and text pertaining to 5 years here) and claims this action is time barred and prays on the court to dismiss this case with prejudicehas the case from the 21 been dismissed due to them being unable to serve you? if so, don't worry about it until they try again. Link to comment Share on other sites More sharing options...
devildog64504 Posted November 27, 2007 Author Report Share Posted November 27, 2007 Thank you for the great advice merkurfan!!!!yes the case on the 21st was dismissed and sent back to the lawyer because they failed to serve me. Need some help on where to find the missouri statute on sol. Link to comment Share on other sites More sharing options...
merkurfan Posted November 27, 2007 Report Share Posted November 27, 2007 SOL link at the top of this page Link to comment Share on other sites More sharing options...
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