pulpfiction

If you have LVNV on your CR - READ THIS!!!

Recommended Posts

When a Judgment is purchased, the DV process has bit the dust. Believe me I know! Your best bet is to seek Chain of Title and all sorts of Discovery items if the purchasing entity ever takes you to court. Make sure you read all your States Law on purchase of Judgments and Foreign Corporations requirement to buy debt in your State.

Share this post


Link to post
Share on other sites

I'm very new to this...1994 Sears card....honestly I can't find it or remember it. This company has had me crying in fear for 2 days. Can someone help this member? Give me ideas what to do.

Share this post


Link to post
Share on other sites

I would appreciate some advice on the direction I should go in regards to LVNV and my credit report.

 

Back in about 2006 or 2007 I was going through some pretty rough financial times and got behind on a Sears Visa card. I worked with their in house collections and thought I had worked out a deal and sent in my last payment. In about 2009 I reviewed a copy of my credit report and found that the Sears debt was now claimed to be owed to LVNV Funding. At the time, I was dealing with my elderly parents, one of which was in home hospice care and they took all my energy and I just ignored the credit report. I had to temporarily move to their home in Georgia to help with their final days and also settle the estate after they died, life pretty much just was a big blurr back then.

 

In May of 2010 I received a letter of demand for the debt from Vanentine & Kebartas (law firm) and they said the debt was owed to Resurgent Capital. I sent a DV letter. A few weeks later I got another letter from them demanding settlement so I replied with a letter advising them they were in violation of the FDCPA as they had not provided me any DV and by law should not contact me until that was done. They never contacted me again.

 

In February, 2011, I got a letter from JC Christensen and Associates (law firm) about the debt from Sears. It said the current creditor was LVNV Funding and the client was Resurgent Capital. The amount had increased from interest. I replied with a DV and never heard from them again.

 

In January of 2012 I got a letter from Weltman, Weinberg & Reis, LPA about the same debt. At this point I was still really tied up trying to settle my parent's estate which included remodling and selling their home in a depressed market. I replied with my standard DV and they went away and never replied.

 

In October of 2012 I was contacted by The Brachfield Law Group, PC on the LVNV-Sears debt again demanding settlement. I sent a DV request and never heard back. I was traveling a lot for a new job and may have missed a reply but if they sent one I never saw it.  In November, 2012 I received notice from the Harris County Courts that Brachfield had filed a law suit against me on this debt. Not knowing what to do I hired a Houston law firm that specializes in these kind of debt law suits. I forget how much it cost me, maybe $750 and their head attorney wrote a letter demanding several things as exlporitory items for the case.

 

Within 2 weeks I got a letter forwarded by my lawyer with a Notice of Non-Suit and Dismissal from the court. The Notice said:

 

"Now Comes Plaitiff and/or Assignee, LVNV Funding LLC of Sears, through it's attorney of record and says it does not desire at this time to prosecute this case against Defendant (me) andmofe for nonsuit of the immediate case, without predjudice to  it's cause of action in any repect, any other parties, or refiling the same."

 

The lawyer I hired sent me a closing letter in March, 2013 stating the following:

 

I am pleased to inform you that the Plaintiff has dismissed their case against you. The
Plaintiff voluntarily dismissed their case against you by filing a “nonsuit”. The nonsuit was filed
“without prejudice”. This means that they reserve the right to re-file the case against you if they
believe the final payment on the account is within 4 years.

Generally consumers are not sued twice on the same debt. Even if they sell the debt to
someone else, it is still subject to the 4 year statute of limitations, thus it is important for you to
ascertain when the final payment was made to the original creditor. If they transfer it to someone
else, it does not “re-start” the 4 year clock. If it has been more than 4 years ago, the claim against
you is technically barred as a matter of law.

The non-suit has no effect on your credit report, it just means that they have dismissed
the lawsuit and did not get a judgment against you. An account can stay on your credit report for
7 years from the time you made your last payment.

The significance of the dismissal is that the Plaintiff did not receive a judgment and does
not have the power to freeze your bank account or put a lien on property that you own. If you
receive any collection threats about wage garnishment, arrest, or any other illegal conduct, please
contact me immediately. Such conduct violates State and Federal Collection laws.

 

I am now at a point where I really hope to clean up my credit report, this one collection item with LVNV funding keeps causing me a low mark on my credit score. I've been using Credit Karma to monitor things. I would appreciate any suggestions at this point as to the best direction to go. I don't recall ever receiving anything directly from LVNV or Resurgent. My last payment to Sears was as best I can remember in 2007 and I have never paid or made any agreement with anyone else. I was planning on getting my credit reports as a first step but I wonder what to do next.

 

Should I contact LVNV with a DV or other request? I admit when the Brachfield Law firm backed down on their lawsuit it made me wonder if LVNV was in fact the legal owner of the debt and could not provide what my lawyer had requested.

 

Thanks for any suggestions.

Share this post


Link to post
Share on other sites

I don't see a way to attach an jpeg image from my computer, I did a screen shot of the credit karma report on my LVNV Funding. Not sure if this helps explain anything further.

 

It says that both TransUnion and Equifax show the balance as $19,068 and reported as recently as 9/19/2015. The account is listed as OPEN and the original creditor as Citibank, South Dakota NA (no longer lists Sears) Original balance was $14,719 and the date opened was 11/11/2009. On the TransUnion report it says under Remarks that the account was dispued by the consumer but meets FCRA requirements. On the Equifax one it only says Consumer disputes this account information.

Share this post


Link to post
Share on other sites

Citibank issued the Sears cards, which is why there is the mention of Citibank on your credit reports.

 

What I would do:  simply wait for the entries to fall off with time.  You dodged a bullet with LVNV dismissing the lawsuit.  If you are still within the SOL (for which they can sue), I would not stir up the hornet's nest.

Share this post


Link to post
Share on other sites

They sent me a copy of a letter from the courts...from 2004-06. Which I never seen until Tuesday of last week. That does nothing for me. I don't remember having a Sears card. I still don't know what to do. I talked to a lawyer...He said offer 500. On a 2500.00 bill. Why would I do that, if I don't remember having this card.The company did not accept my offer, which I did so because a lawyer told me they will continue to pass judgements on you until you do. Don't they have to prove it was me?? Show me it was and I will pay it.

Share this post


Link to post
Share on other sites

They sent me a copy of a letter from the courts...from 2004-06. Which I never seen until Tuesday of last week. That does nothing for me. I don't remember having a Sears card. I still don't know what to do. I talked to a lawyer...He said offer 500. On a 2500.00 bill. Why would I do that, if I don't remember having this card.The company did not accept my offer, which I did so because a lawyer told me they will continue to pass judgements on you until you do. Don't they have to prove it was me?? Show me it was and I will pay it.

Share this post


Link to post
Share on other sites

I don't know whether to feel better or worse that I'm not the only one dealing with LVNV's stupid collection practices. 

My husband had a Credit One account. In the course of moving, taking a new job, etc, he missed two payments (totally our fault) and it quickly went to collection (we tried to deal with Credit One but they refused). This was a $300 that is now ballooned up to more than triple that in a few months.

A few months ago we received three different collection demands from LVNV, Resurgent, and Alltran. After many calls we made an agreement with LVNV that we would pay 8 payments of $105 in exchange for NO reporting on his credit. Even though I thought it was a very inflated amount I thought keeping it off the credit made it worth paying that much. We were told to pay Alltran. So we did. We made our first payment on Dec 1st. Just a few days ago LVNV appeared on my husband's credit report as owing $832 (where's the payment we made?) and some wording that says something like "partial payment agreement". I was pissed so I called Alltran and this very snarky a**hole informed me that we didn't make the agreement with them and that we would need to call LVNV (who was conveniently closed until Monday). So why were we paying Alltran again? So tomorrow my husband will be calling LVNV and informing them that they get no more payments until they remove that completely off our credit report (why pay them if it's not gonna help us anyway?) Alltran's excuse? "We don't 'own' the account, LVNV does, so you need to take it up with them." Well, if you don't own the account then why in the hell are we paying you people? I believe this is how they are able to inflict maximum damage to your credit. They have you so confused and have three different companies involved that you end up paying it three times over. This was what sent me over the edge and prompted me to finally break and hire Lexington Law. I was doing a pretty good job on my own until this happened. Every other collection agency we've contacted (the minute we've got a notice, before it was reported on credit) has been great about accepted our offer of "we pay you, you don't report". LVNV from what I've been reading on this blog is shady and underhanded and I'm wondering why they're still allowed to do what they do. 

Share this post


Link to post
Share on other sites

Please, don't forget to report this nonsense to the CFPB.

Sorry to hear this is happening to you.  Those large collection agencies are nothing but criminals.

Share this post


Link to post
Share on other sites
On 12/18/2016 at 7:25 AM, jennifun93 said:

I don't know whether to feel better or worse that I'm not the only one dealing with LVNV's stupid collection practices. 

My husband had a Credit One account. In the course of moving, taking a new job, etc, he missed two payments (totally our fault) and it quickly went to collection (we tried to deal with Credit One but they refused). This was a $300 that is now ballooned up to more than triple that in a few months.

A few months ago we received three different collection demands from LVNV, Resurgent, and Alltran. After many calls we made an agreement with LVNV that we would pay 8 payments of $105 in exchange for NO reporting on his credit. Even though I thought it was a very inflated amount I thought keeping it off the credit made it worth paying that much. We were told to pay Alltran. So we did. We made our first payment on Dec 1st. Just a few days ago LVNV appeared on my husband's credit report as owing $832 (where's the payment we made?) and some wording that says something like "partial payment agreement". I was pissed so I called Alltran and this very snarky a**hole informed me that we didn't make the agreement with them and that we would need to call LVNV (who was conveniently closed until Monday). So why were we paying Alltran again? So tomorrow my husband will be calling LVNV and informing them that they get no more payments until they remove that completely off our credit report (why pay them if it's not gonna help us anyway?) Alltran's excuse? "We don't 'own' the account, LVNV does, so you need to take it up with them." Well, if you don't own the account then why in the hell are we paying you people? I believe this is how they are able to inflict maximum damage to your credit. They have you so confused and have three different companies involved that you end up paying it three times over. This was what sent me over the edge and prompted me to finally break and hire Lexington Law. I was doing a pretty good job on my own until this happened. Every other collection agency we've contacted (the minute we've got a notice, before it was reported on credit) has been great about accepted our offer of "we pay you, you don't report". LVNV from what I've been reading on this blog is shady and underhanded and I'm wondering why they're still allowed to do what they do. 

If you are looking for advice please start a new thread. 

Share this post


Link to post
Share on other sites

LVNV Funding,LLC  no show in court.

Like almost every other person in America LVNV Funding,LLC got to my credit report and the attempt to collect a debt . I found it before they ever contacted me and with some online research found that they are a below the earth buyer of bad debt that most of the time is not owed. I contacted them in December, 2015 requesting validation under the Fair Debt Collections Practices Act. That did nothing but to have another collection agency send me a "bargain offer no one can refuse to settle their claim" ( J.C. Christensen & Associates ) All of this came several months after my initial contact, ( May,June & July 2016 ) which was past the 30 day Act requirements of responding when I first contacted them. Christensen never sent any validation which is also required to be done within 5 days of their first contact. I ignored them and they stopped, never heard from them again.

August, 2016 I receive a letter from a NJ attorney stating they represent LVNV to collect an outstanding debt I owe them. Again no verification. I ignored them too and no further contact until November 2016 when I receive a summons in the mail that they are suing me. I am not one to back down so I did some more research, filed my response as required within the time frame and submitted it to the court and attorney.  ( don't ignore the response, they are banking on that and also banking on you being a no show in court to get the judgement against you.) I received notice of a court date, Feb. 6,2016 and after that I received a letter from the attorney to contact his office to discuss the account.  Attached to the letter was a pile of photocopied invoices from the credit card they said they had purchased my account from as their proof of owning my account, still no true documents that they actually owned the account. I ignored this too......( they are trying again to get you to slip and say you owe or will settle to get them out of your life. ) Everything I read advised not to talk to anyone direct at any of the LVNV  companies contacting you because the potential existed that they could and would say you opened the negotiations and using it to admit you owe them the debt.  So I just kept  plodding along with the mind set I was right.  I also found in reports not to sign your name, just typed because they can copy it onto their documents.

Then I started my research for the court date. Here are some things to look for in the summons that are red flags.

1) Their  complaint states that they own your account and the proof is the last digits of the original credit card, your name and your SS if available as attached on Schedule A and the bill of sale and assignment.

Exhibit A has a receivable file number, a transfer group number and a portfolio number. None of my information proving it was me is on the exhibit. ( they need real proof it's you)

The bill of sale and assignment is another one to look at, most likely you are going to find the first assignment is from FNBM, LLC signed by Rusty Kendall to Sherman Originator III, LLC signed by Jon Mazzoli, then Jon Mazzoli, Sherman Originator III, LLC to Sherman Originator,LLC signed by Kevin Branigan and finally LVNV Funding,LLC signed by none other than Rusty Kendall.  Only it's not the same signature Rusty signed with when he assigned it from FNBM to Sherman Originator III,LLC. All of the assignments have the same date. There are no corporate seals, no notary, no letter head, nothing more than the title "director" or "authorized representative" next to their name, no proof it is really who they say they are. It's just a photocopy that anyone could do on a computer and have anybody sign. And guess what else, when you start to research all of the names and companies on the bill of sales and assignments you'll find they are all under the same umbrella of companies and names. It's just one big mess.

2) Check your credit report, mine showed one amount at the initial time it was added to my report and then a lesser amount about three months  later. It looked like I had made a payment, another way of them saying you acknowledged the account was theirs.

3) The next thing to look for are some actual lawsuit cases against LVNV that ruled in favor of the defendant. It shows that you are not the only one and good backing in court to cite a case. There are plenty, I found them in New Jersey, New York, Maryland, Indiana. There's even one in Maryland where the state revoked their license as a collection agency.

4) Keep looking over what they have sent you for errors, the more you find the better, because they have to prove they are right and if there are a lot of errors it's hard for them to do.

5) Offer them nothing, make them come up with all of the required documentation to prove you owe them what they say you do. As you research the legal requirements of proof  you will find most of it they can't prove.

6) Check with your State as to licensing or bonding requirements to see if LVNV complies. I found many states where they are not permitted to attempt collections, but do anyway.  NJ requires a bond and when I sent through the proper channels to find out if they had it I got no response from the State, which led me to believe they don't........

 I spent  yesterday looking over all of the documents, reading my notes, the info I pulled off line (there are tons of it ) I put it all in order and was prepared to go to court today feeling pretty good that I had sufficient information to fight the fight. The Judge called off the cases and when mine was called I was present, but LVNV Funding,LLC and their attorney were not.................... The Judge dismissed the case, I got my dismissal order and I just wrote a letter to LVNV demanding they remove the information from my credit reports. Next stop a complaint and suit under the violations of the Fair Debt Collection Practices Act.

I am not saying anyone should go it alone without legal advice or an attorney by your side, I'm just letting everyone know you can fight them and the more you resist if you know you are right, but stay within the law to protect your rights, they can back down or the Judge can rule in your favor. Good luck to all that are or will end up defending themselves against this group.

Share this post


Link to post
Share on other sites

Hold the fort before filing a complaint for FDCPA violations.

11 minutes ago, Stonebuilder said:

Like almost every other person in America LVNV Funding,LLC got to my credit report and the attempt to collect a debt . I found it before they ever contacted me and with some online research found that they are a below the earth buyer of bad debt that most of the time is not owed. I contacted them in December, 2015 requesting validation under the Fair Debt Collections Practices Act.

The validation requirement found in 1692g of the FDCPA is NOT triggered by finding an entry on your credit report because that entry is not an initial communication.   A debt collector is not required to validate after receiving a DV request based upon a credit report entry.

13 minutes ago, Stonebuilder said:

All of this came several months after my initial contact, ( May,June & July 2016 ) which was past the 30 day Act requirements of responding when I first contacted them. Christensen never sent any validation which is also required to be done within 5 days of their first contact. I ignored them and they stopped, never heard from them again.

The 30-day requirement mentioned in 1692g is on the consumer.  A consumer must send a DV request within 30 days of receiving an initial communication.   The debt collector can take as long as he chooses to validate but cannot continue collection efforts until he validates.  In fact, he can choose to stop collecting period which means he doesn't have to validate at all.

 

16 minutes ago, Stonebuilder said:

August, 2016 I receive a letter from a NJ attorney stating they represent LVNV to collect an outstanding debt I owe them. Again no verification. I ignored them too and no further contact until November 2016 when I receive a summons in the mail that they are suing me. I am not one to back down so I did some more research, filed my response as required within the time frame and submitted it to the court and attorney.

Did the letter contain the 30-day notice?  If so, did you send a DV request within 30 days?

Share this post


Link to post
Share on other sites
4 hours ago, Stonebuilder said:

Like almost every other person in America LVNV Funding,LLC got to my credit report and the attempt to collect a debt . I found it before they ever contacted me

THIS is the problem for your FDCPA claim:  as @BV80 said, if they didn't contact you then there was no requirement for them to respond to your DV.  The 1692 violation ONLY kicks in if they dunn you by phone or letter and you respond within 30 days of that contact.  Reporting to a credit bureau is NOT contact with you and the courts are divided on whether it is even debt collection.

4 hours ago, Stonebuilder said:

The Judge called off the cases and when mine was called I was present, but LVNV Funding,LLC and their attorney were not.................... The Judge dismissed the case, I got my dismissal order and I just wrote a letter to LVNV demanding they remove the information from my credit reports.

What was the reason for the dismissal?  If the Judge ruled you did not owe the debt then you can get the trade line removed.  If the reason was the Plaintiff just didn't show to prosecute their claim then that is not grounds for removal of the trade line.

4 hours ago, Stonebuilder said:

Next stop a complaint and suit under the violations of the Fair Debt Collection Practices Act.

I HIGHLY suggest you discuss the violations you believe you have with a lawyer before you file.  Based on what you posted here there may not be any and you could wind up paying LVNV's attorney fees for filing a frivolous federal case.

Share this post


Link to post
Share on other sites
35 minutes ago, Clydesmom said:

THIS is the problem for your FDCPA claim:  as @BV80 said, if they didn't contact you then there was no requirement for them to respond to your DV.  The 1692 violation ONLY kicks in if they dunn you by phone or letter and you respond within 30 days of that contact.  Reporting to a credit bureau is NOT contact with you and the courts are divided on whether it is even debt collection.

What was the reason for the dismissal?  If the Judge ruled you did not owe the debt then you can get the trade line removed.  If the reason was the Plaintiff just didn't show to prosecute their claim then that is not grounds for removal of the trade line.

I HIGHLY suggest you discuss the violations you believe you have with a lawyer before you file.  Based on what you posted here there may not be any and you could wind up paying LVNV's attorney fees for filing a frivolous federal case.

There's no telling where the OP got that information.   So much incorrect information is available on the internet including some on the home page of this site.

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.