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Newbie in SC to court next week


Thornhill
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Hi, this is my first post, hopefully someone can give me some advice on what to do.

1. Who is suing you?

LVNV Funding LLC

Represented by:

Woodward and Butler

2. For how much?

$1099.95

3. Who is the original creditor?JC Penney

4. How do you know you are being sued?

Summons received in standard mail from the court house.

5. How were you served? Were you served?

My husband signed for them via certified mail.

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

7. Where do you live? South Carolina

8. When is the last time you paid on this account?Not sure, roughly Sept. 07

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 have received the complaint and a summons

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. Plaintiff is LVNV Funding out of Greenville, SC

2. I am a resident of my county in my state and a former holder of the charge card number "xxxxx" issued by plaintiff's assignor pursuant to the agreement between parties, a copy of said agreement being hereunto attached and made a part hereof by reference thereto.

3. JC Penney assigned the agreement to Plaintiff and plaintiff is the real party in interest.

4. I used the credit card to make purchases, but have failed to make payment for same as agreed, so account is past due and unpaid.

5. Plaintiff is entitled to recover interest at the rate pursuitant SC law codes.

6. As result of defendent's breach of the agreement, the entire amount plus service charges, is now due under the terms of the agreement, and I am indebted to the Plaintiff in the sum of Nine Thousand and 30/100, ($930.30), Dollars plus interest of $89.65.

7.The business transaction described is a consumer credit transacation per SC code. I am in default and Plaintiff is entitled to Nine Thousand 30/100, ($930.30), Dollars plus interest of $89.65, plus interest accrue until paid; the amount is determined by assessing all due charges to defendents account; that all required notices, if any have been give to me. Plaintiff asks for judgment in the sum of One Thousand Nineteen and 95/100 ($1019.95), Dollars plus interest until paid.

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

There is an affidavit and itemization sheet, that lists the $1019.95 with no description, and then filing fee of $80, signed by a plaintiff attorney but not signed by a notary or judge and no case number listed on this sheet. There is a blank sheet that just has acct info - balance, interest, current balance, APR, and charge off date. Then there is another sheet that is a statement from LVNV showing current owner, OC, purchase date, acct orig. date, acct. number and the amount charged off from OC, my name and address and a section for transactions that is blank.

14. What is the SOL on the debt?

3 years

I have no idea how summons are suppose to be done in this state (or any for that matter as this is my first run in with this). But to add issue, my husband signed for the papers while I was out of town - I work out of town - so I did not see the papers for about 3 weeks after they arrived, and by that time had also received a summons to appear in the mail. I checked to seen when the last activity was on the account and the SOL still has a year. I have had issue in the past as I have been trying to clean up debt that 2 CAs were trying to collect on the same debt, and I know that since I have already gotten paperwork asking for proof now is probably not worth it especially since my court date is next week. Should I try to call and settle or fight it...I hate to take the extra days off for court if I do not have to - have been saving them up for my maternity leave later this year - but I know from other posts that it is really bad to not show up for court either.

Sorry for the long post, but any assistance would be greatly appreciated.

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