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Unusualsuspect vs LVNV Funding, LLC

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Well I've been a little occupied with my own mega case against LVNV...

Oct 1, 2008 - LVNV filed suit in San Bernardino County, CA for alleged defaulted Citibank card. The amount demanded is $6650. (Never lived in San Bernardino County.)

Oct 10, Oct 11 and Oct 28, 2009 - Process server attempts service at an address in Rialto, CA. (The address is a vacant space in a strip mall).

Dec 21, 2008 - Non Service filed w/court. LVNV filed motion to serve by publication. Motion granted.

Jan 5, 2009 - Friend in Barstow calls me after seeing service in local paper. I call attorney in case, inform them that I do not live in San Bernardino County and I am a Nevada resident- say they'll proceed with case anyway because I can't defend it.

Jan 8, 2009 - I filed Answer and Motion to Dismiss based on the fact I don't live in San Bernardino County. Motion calendared for Mar 24, 2009.

Jan 9, 2009 - I filed suit for FDCPA violation against LVNV in District Court in Las Vegas (I'm officially a resident of NV).

Jan 12, 2009 - Filed lawsuit against attorney in District Court in Las Vegas.

Jan 16, 2009 - Both LVNV and law firm are served.

Feb 6, 2009 - Law firm pays Pro Hac Vice fee of $350 to Las Vegas District Court. Law firm answers my suit against them.

Feb 9, 2009 - Law firm answers my suit against LVNV Funding.

Feb 25, 2009 - LVNV dismisses case in San Bernardino County, CA. The case is dismissed without prejudice.

Mar 2, 2009 - Letter from law firm. Law firm demands I prove NV residency.

Mar 27, 2009 - Reply to attorney -tell him that discovery has not begun and will not provide that kind of info until then.

Apr 13 - LVNV files counterclaim for the original defaulted debt in District Court. Law firm files motion to dismiss my case against them - cities bona fide error for suing in San Bernardino.

Apr 30 - I filed a Rule 12(B)(6) motion against LVNV's counterclaim.

May 3 - Filed reply to law firm's motion to dismiss my FDCPA suit against them. Incorporate the conversation that I had with law firm in Jan 2009 as a memo in support of my reply.

Jun 2, 2009 - LVNV's counterclaim is dismissed - my FDCPA case is allowed to proceed.

June 3 - LVNV makes settlement offer - dismiss case in for $250 and stipulation of judgment for full amount of account in Clark County court.

June 10 - Reply to LVNV's settlement - POUND SAND.

June 17 - Court decides not to dismiss my case against law firm.

July 1 - received settlement offer from both LVNV and law firm - they will reduce accept stipulation of $4,200 for a dismissal of the federal suits. They'll let me make payments of $200 per month.

July 20 - Reply to settlement offer - POUND SAND. Counter w/ $2000. Also they will agree to not attempt further collection efforts, nor transfer account to anyone else.

Aug 1 - receive discovery package in mail from LVNV/law firm. I have 30 days to answer.

Sept 1 - I file motion to object to some of the discovery... they want bank account information, real estate ownership info and list of businesses owned. Hearing calendared for Oct 5.

Sept 30 - received call from law firm. They plan on sticking me with $40,000

in legal fees when they are done... I reply that they have not won anything.

Oct 4 - LVNV withdraws the questions regarding bank accounts, etc.

Oct 10- I mail discovery to LVNV. I have over 100 interrogatories for them to answer, a request for production of 39 different items. Subpoenaed 3 executives to appear. Send 17 different interrogatories to law firm and request for production of 20 different items. Send subpoenas to Citibank for documents relating to the account.

In a nutshell, that's where I am at... any thoughts?

Edited by unusualsuspect
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But make sure you read and local Federal Judicial Rules on SJ.

Some districts and even some judges inside the district have their own rules in relation to SJ.

Make sure you follow them.

I'd slap them with an SJ, it sounds like you got them "dead to nuts" on it.

Once you file that, I think they will be more serious about a check.

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Jan 9, 2009 - I filed suit for FDCPA violation against LVNV in District Court in Las Vegas (I'm officially a resident of NV).

Jan 12, 2009 - Filed lawsuit against attorney in District Court in Las Vegas.

Would that be in the Federal District of Nevada, or Clark County District Court?

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  • 1 month later...

How's this case coming? I thought I would try looking it up online so I could check status, there's been no activity on this thread for awhile.

Is there some info you left out as far as case description? I checked both the San Bernardino County, CA and the Clark County, NV court sites and neither one has a record of the case(s) described. I also cross-referenced LVNV suits in San Bernardino County with LVNV suits in Clark County for matching "other party" names. There were no matches.

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  • 2 weeks later...

I'm trying like hell to figure out state/federal laws and civil law court requirements when defending self pro se... it is my understanding that civil procedure dictates interrogatories be within a certain limit (wayyy under 100?) If interrogatories are between parties, how would the judge limit them?

Please shoot me.

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Because if you submitted 100 to them and the rules only allowed 25 they would object to them and you would have no recourse via Motion to Compel since you violated the rules.

However there are ways to get what you want by asking enlarged questions rather than very specific ones.

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