Summons Received - Court Date 02/05/08

[ChristinasAunt]

1. Who is suing you? LLNV Funding, LLC, Assignee of Providian Financial Corp

2. For how much? 6,902.85

3. Who is the original creditor? Providian Financial Corp

4. How do you know you are being sued? Summons received

5. How were you served? Were you served? Deputy Sheriff left a copy in my front door. I also received a copy via USPS the following day.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? None - boneheaded, I know.

7. Where do you live? Massachusetts

8. When is the last time you paid on this account? Honestly don't remember. Sometime prior to 2003.

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). Unknown - Court is 02/05/08

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?

1. The plaintiff LVNV Funding LLC is the owner of the debt originally issued by Providian Financial Corp, account number xxxx-xxxx-xxxx-xxxx, and is a Limited Liability Company having an usual place of business in Greenville, SC;

2. The defendant (my name) resides at (my address);

3. The defendant (s) owe (s) the plaintiff the sum of $6,902.85 as the balance of purchases and/or advances on a credit card account together with interest at the rate specified under G.L. c. 231,s. 6C from 7/19/2007, on or before which date demand for payment was duly made.

WHEREFORE, The plaintiff demands judgment against the defendant (s) in the amount of $6,902.85 together with costs and interest.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? I received a "Statement of Damages G.L. c. 218, s3 19A(a) and Counsel Certification

14. What is the SOL on the debt? To find out: 6 years

I have already submitted my answers to the court & sent a copy to the plaintiff. Here are my answers:

1. I can neither confirm nor deny this statement;

2. I confirm that I am (my name) and I reside at (my address);

3. I deny that I owe $6,902.85, the amount listed on the complaint. The Plaintiff did not provide me with an accounting, including charges made, time of charges, interest, and fee, of how the Plaintiff reached this number.

WHEREFORE, The defendant requests that the court dismiss this complaint, with prejudice.

I received some information from my local Legal Aid office & tailored my responses to a form letter they included. However, in reading through these forums, I'm afraid that my response isn't correct.

I DID receive a letter from the attorney & drafted a response. I then COMPLETELY forgot about it & never mailed it so I have no proof that I asked for information from them to validate the claim.

I have copies of all three credit reports within the past year. TransUnion & Experian were pulled in February 2007 & Equifax was pulled in December 2007. When I pulled in February for another reason, I wasn't able to get the Equifax so I pulled that in December when I received my summons. Anyway, here's what they say:

EQ:

Date Opened: 03/1999

Date Reported: 07/2004

Current Status: CHARGE-OFF

Charge Off Amount: $0

Activity Description: Transfer/Sold

Comments: Charged off account, Account closed by credit grantor

TU:

Date Opened: 03/1999

Date Closed: 11/2002

Date Updated: 05/2003

Pay Status: >Charged off as Bad D (I'm assuming the last word is "debt". The printout cut the word off here)

Remarks: Purchased by another lender

EX:

Date Opened: 03/1999

Reported Since: 06/1999

Date of Status: 05/2003

Last Reported: 05/2003

Creditor's statement: Account closed at credit grantor's request.

As I stated above, I DID NOT respond to the attorney's letter. However, I DID find in the FBCPA paperwork the following:

SS 809 Validation of debts © "The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Does this help me out in any way? What should I be doing now before court?

Thanks!

[Eric222]

I acutally am being sued by LVNV as well. If you want, you can email me and maybe trade info. You can reach me at koan079@hotmail.com. You trial date is fast approaching though, have made a request for discovery yet? You need to find out what they plan on using to prove this debt is yours. I do not know procedure for Mass, but I would have asserted some defenses in my answer (I am in NJ).

Eric