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Well, as you can tell i'm new around here. I wish i knew about this site and all it's resources a few years ago. but from what i've read it's never too late.

Anyways, I'm working roughly with around $20,000 in credit card debt all in collections or charged off. I'm being sued by 4 collection agencies by the likes of Asset Acceptance, LVNV FUNDING ETC... for a total of about $11,000 I sent debt validation letters to them before I ever visited the forums and read that lil sticky thread up there ; ). I bought all the ebooks and sample forms and thought that's what I had to do.

Well in a nutshell thats my current situation and i'm plotting my next move.

I don't have alot of time to read through all the forums but I plan to. I type all my letters and do all my certified mail on the weekends or during my lunch break and I'm going to visit the forums regularly now that I joined!

Well i'm off to work. I'll check back during my lunch break and leave some more details.



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Some more info... On the four lawsuits I'm late on giving a response and I have been wasting time sending DV letters to the attorneys and verification to the CRA's. One lawsuit with LVNV funding they are seeking a default judgemnet because I didn't show up to the first pre-trial conference. I called the court as soon as I found out about it and sent a certified letter stating why I didn't show up (I moved and they served my mom with the papers and she told me too late) and if they could reschedule it. The next paperwork I received in the mail was LVNV funding seeking a default judgement. I'm calling the court as soon as they open to speak with a clerk.

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1. Who is suing you?

Borack and Accociates / LVNV FUNDING

2. For how much?


3. Who is the original creditor?


4. How do you know you are being sued?

They served my mom

5. How were you served? Were you served?

yes / my mom signed for it

6. What was your correspondence (if any) with the people suing you before you think you were being sued?


7. Where do you live?

Dade County, Florida

8. When is the last time you paid on this account?

More than a year will have to check DLA on credit report

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

I missed the first pretrial because my mom notified me after the date

I sent certified mail to the court and attorneys why I missed and i want to reschedule.

shortly after I received a letter from Borack & Associates for a motion for a default judgement

I contacted the court and they stated that they would not be able to win by default if I sent the letter to reschedule. The judges assistant that I spoke with sounded very busy and said you just have to allow the process. I plan on calling back.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Only with Collection agency, after I was sued.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

NOPE. Did it after. Now I know this was pointless.

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?

This will be my next post

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Will post back

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

4 years, I got served with the papers just before.

Alright, I will answer the questions I couldn't answer this afternoon after work. I'm doing this on my lunch break and am limited on time.

Hope this helps out...

Thanks in Advance...

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General Allegations

1. This Is An Action For Damages That Is Within The Jurisdictional Limits Of This Court.

2. Defendant Is/are Residnes Of This County

Count I

Original Account No Xxxxxxxxxxxxxxxxxx

Plaintiff Realleges Paragraphs 1 And 2 Above And Further States:

3. Plaintiff Is The Owner And Holder Of The Debt Pursuant To An Assignment From The Original Lender

4. The Bank At Defendants Special Instance And Request Issued A Credit Card To The Defendant

5. Defendant By Execution Of The Application And Or By Use Of The Credit Card Have Accepted The Terms And Conditions Of The Credit Card Holder Agreement (see Exhibit A Attached Hereto

6.the Defendant Has Breached The Agreement By Failing To Comply With The Terms Of The Agreement

7. Defendant Caused Various Charges To Be Made Through The Use Of Said Card

8. Defendant Did Not Object To The Statement

9. Defendant Owe Plaintiff The Sum Of $4,121.75 That Is Due With Interest (see Exhibit B Attached Hereto)

10.plaintiff Has Made Demand Upon Defendant For Payment

11.defendant Has Have Failed And Refused To Pay The Sum Due And Owing To The Plaintiff

12. All Conditions Precedent To The Bringing Of This Action Have Ocurred

13. Plaintiff Is Obligated To Pay The Undersigned A Reasonable Fee For Which Defendant Is Liable Pursuant To The Cardholder Agreement.

Wherefore, Plaintiff Demands Judgement In Its Favor And Against Defendant In The Principal Amount Due Of $4,121.75 Together With Interest, Court Costs, Reasonable Attorneys Fees And Any Other Relief This Court May Deem Just And Proper Count Ii (account Stated)

Plaintiff Realleges Paragraphs 1 And 2 Above And Further States That:

14. The Defendant Requested An Account Which Is Owned By The Plaintiff And The Credit Card Holder Agreement Was Sent To The Defendant. (see Exhibit A Attached Hereto)

15. Before The Institution Of This Action Plaintiff And Defendant Had Business Transactions Between Them And They Agreed To The Resulting Balance

16. Plaintiff Rendered A Statement Of It To Defendant And The Defendant Did Not Object To The Statement.

17. Defendant Owes Plaintiff 31, That Is Due With Interest At The Rate Of 11% Per Year On The Account

Wherefore, Plaintiff Demands Judgement In Its Favor And Against Defendant In The Principal Amount Due Of $4,121.75 Together With Interest, Court Costs, Reasonable Attorneys Fees And Any Other Relief This Court May Deem Just And Proper

Count Iii (unjust Enrichment)

Plaintiff Realleges Paragraphs 1 And 2 Above And Further States That:

18. The Defendant Received A Financial Benefit Which Was In Fact Appreciated By The Defendant

19. The Defendant Accepted The Benefits

20. By Virtue Of The Circumstances Surrounding The Sue Of The Credit Card, The Defendant Knowingly Requested The Funds In And Or Knowingly And Voluntarily Accepted The Benefits Bestowed.

21. It Would Be Inequitable For This Court To Allow The Defendant To Retain The Benefits Or To Be Unjustly Enriched At The Expnse Of The Plaintiff Or Allow The Defendant To Retain The Value Of The Funds In Issue Without Repaying The Plaintiff The Value Of Same

Wherefore, Plaintiff Demands Judgement In Its Favor And Against Defendant In The Principal Amount Due Of $4,121.75 Together With Interest, Court Costs, Reasonable Attorneys Fees And Any Other Relief This Court May Deem Just And Proper

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13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

In the original summons received10/15/2007 they included a screenshot. under the client field they have Resurgent Capital Services and under the Cred field they have Sherman Acquisition.


I only responded with DV letters. (pointless i know) and a letter to the attorney and the court stating why I missed the court date. This was in FEB 08'

I then received these motions and affidavits.









Before me, the undersigned authority personally appeared Jane Doe to me well known who has personal knowledge and after being duly sworn deposes and says that: I am an authorized representative for plaintiff LVNV Funding LLC as purchaser of a credit account from citibank and that i have personal knowledge of the records owned, maintained, and in the possession of LVNV Funding LLC pertaining to the account of (my name) bearing account number XXXXXXXXXXXXX the amount due on said account over and above all setoffs and counterclaims is 4,121.75 as of the date of this statement

I further state upon information and belief that the above named individual is not in the military service.

signed by the authorized rep. and notarized





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Ok, i've been reading this thread http://http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

I believe this is where my response is going to come from. Can someone please tell me what motion i'm going for.

is it:



Dismissal of complaint:

thanks in advance...

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If the court will allow you to file an answer do it. You want to object to the affidavit from LVNV in a separate motion as hearsay. Any "screen shots" from their own computer are hearsay as well. If they have no proof from the OC then they have no proof. Challenge their ownership of the debt.

You did not pay any of the collectors that have had this debt since the OC have you?

From what you wrote it sounds like it's passed through a few different places before LVNV got it. Chain of title (ownership) should be hard to prove for them.

If you are not allowed to file an answer at this late date, you may want to file a graduated denial. Search the site for it.

Come back with what you can do as far as court rules go.

If you are still in a position (intitled) to request discovery at this late date in the proceedings, I would do so. No need to compel as you've made no request so far. I discussed discovery and hearsay at some length in this thread:http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=283610

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Thanks so much for your reply...

I'm going to contact the clerk as soon as they open and see if it's too late for me to object to the affidavit. (that is who I would ask right?)

CORRECT, I have never paid a Collection Agency regarding this account. not once.

YES, it sure has passed through a few different collector's

I'll post back with the results...

Thanks again...

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Ok, here's my reply to the court, I hope I did this right. I hand delivered it to the clerk this morning. They told me there has been no action on the case and I should get another court date. Is there anything else I should do in the meantime? I want to make sure I cover all of my bases.




INTHERED Defendant




___________________________________________ /


Defendant, by himself, answer the complaint herein by showing the court that:

1. Defendant denies every allegation of the complaint

2. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient as a matter of law.

The complaint does not set forth the True facts upon which Plaintiff seeks a default judgment. The complaint should be dismissed.

3. The Plaintiff has failed to provide any contract or agreement bearing the signature of the Defendant, nor any itemized statements or billing of said debts.

4. Plaintiff has failed to provide a detailed list of the debts to the Defendant in the initial debt collection notice as require by the FDCPA and as evidence by case law. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

5. The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, chain of title, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor.


As and for a First Defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

As and for a Second Defense

Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

As and for a Third Defense

Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

As and for a Fourth Defense

Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. the purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

As and for a Fifth Defense

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

As and for a Sixth Defense

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

As and for a Seventh Defense

Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.

As and for an Eighth Defense

Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

As and for a Ninth Defense

Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

As and for a Tenth Defense

Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

As and for an Eleventh Defense

The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

WHEREFORE, Defendant, INTHERED, respectfully submits that the Court should dismiss and deny the Plaintiff's complaint, filed herein LVNV FUNDING LLC. and prays for Dismissal of the complaint by the Plaintiff.

Defendant's Request submitted this ___________ day, of __________ 20__


So whaddya think? :confused:

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You need to use Florida law to defend this not FDCPA caselaw not even in your judicial circuit. Coppola v. Arrow Financial Services has no place in an answer to a legal action in Florida. You cut and pasted a junk answer. Get a copy of the Florida Rules of Civil Procedure. Read it.

Re-read your answer. How do you know that what Plaintiff filed isn't sufficient as a matter of law? What ever will you say if the judge asks you why?

Do you know what your affirmative defenses mean? Do they apply? If so why?

Sometimes a JDB attorney will dismiss a case because of it being avidly defended. Borack does not have that rep but also doesn't file cases that are legally sound either from a rules standpoint.

Please people, just because plaintiff's file boilerplate complaints, your own cases cannot be won by filing boilerplate answers.

Here's a good reference for answering a complaint. Remember however that your own state rules of civil procedure may have a certain way that the courts there want things done. A lot of courts also have what's known as local rules and you will need to know those as well.

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Hello Hannah,

Thank you so much for your reply, I sincerely appreciate your blunt honesty. I downloaded the FL rules of civil procedure and find it a little confusing. I promise to get better at this for my benefit. I still have a lot of reading to do and browsing through the forums. I just had to give the court an answer before I get a judgement against me. I'm really late in responding, as I have been procrastinating, because I had no idea what to do until I came across the Credit Info Center.

Here's my first question for you, how much trouble am I in for sending that response? and how could it effect my case? Is there anything I can do as far as damage control or my next move?

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