dbinaz

Basis of Lawsuit

Recommended Posts

I've sent several letters to LVNV Funding req DV. I've not rec'd a reply therefore I wanted to file a basis of lawsuit. I read the CA must have a registered agent in your state. I did find that Sherman and Resurgent Capital have a reg agent in NC, but nothing comes up under LVNV. Since they are all affiliated can I still file?

Has anyone done a basis of lawsuit before?

Any help would be greatly appreciated.

Thanks,

Link to post
Share on other sites

Well, just about anyone can sue anyone for anything. But the facts are you need to prove your basis of claim and prove any damage. If I were you, I would look more towards FDCPA and FCRA violations. Other than that, you may be wasting money and time filing a complaint and pursuing something not worth it.

And thats what it all really boils down to........is it worth it?

Link to post
Share on other sites

Actually, as long as they mark your CRs as "in dispute", they can take as long as they like to respond to a DV. If they're not marked "in dispute", then you can sue them under the FDCPA...search for the 1-2 punch.

Otherwise, you don't have much of a case...

Link to post
Share on other sites
Actually, as long as they mark your CRs as "in dispute", they can take as long as they like to respond to a DV. If they're not marked "in dispute", then you can sue them under the FDCPA...search for the 1-2 punch.

Otherwise, you don't have much of a case...

So they can continue to report negatives as long as it states "consumer disputes"???

Link to post
Share on other sites
So they can continue to report negatives as long as it states "consumer disputes"???
Pretty much. There are some tactics posted elsewhere on the board where people have complained to the CRAs after a year or so...I don't know if that actually works.
Link to post
Share on other sites

I thought they were not allowed to continue to report during the DV process, as that's considered a form of collection activities.

I can understand if you DV'd more than 30 days after receiving the first dunning letter from the CA, because they are not obligated to provide you with the information you request in the DV, but what if you DO DV within those first 30 days?

Link to post
Share on other sites
I thought they were not allowed to continue to report during the DV process, as that's considered a form of collection activities.

I can understand if you DV'd more than 30 days after receiving the first dunning letter from the CA, because they are not obligated to provide you with the information you request in the DV, but what if you DO DV within those first 30 days?

They can continue to report, however if you dispute w/ CRA then they verify the TL then it becomes continued activity. 1-2 punch

Link to post
Share on other sites
Guest
This topic is now closed to further replies.