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LVNV in the Trenches!


gac689
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Good morning to all! : ) waiting for some snow here, but to the point, I just got served a summons from LVNV Funding through the scumbag law firm Faloni and LaRusso and Im ready to conquer the dragon! Of course they never responded to my 3 requests for validation ( and continued to try and collect...stupid morons...) then when I didn't respond to their requests to settle ( they are claiming approx $8,000 on a charged off account over 3 years old according to their letters...)they proceeded to bring suit. I of course will answer the summons, ( and file with the court the day before the due date along with a request for Discovery from them...hehehe no easy default here!! ) I just have a question. In my Discovery can I ask them to show the amount that LVNV funding actually paid for the account?? I know they won't provide it, but can I ask?? Also is that amount / transaction a mattter of public record? Is there ANY possible way to find out how much LVNV actually paid?? This way they can't claim "injury by non payment of a debt owed to them" so to speak for an amount greater than they actually paid... anyone have any experience with this?? Thanks all!

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By all means, ask.

And ask to see a listing of the accounts included in the purchase to prove that yours was included, so they have to show "chain of custody" on the individual account.

Bury them in paperwork so they'll think twice about running up lawyer fees on something they will not likely win.

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INSTRUCTIONS AND DEFINITIONS

1 Each Interrogatory should be answered upon your entire knowledge from all sources and all information in your possession or otherwise available to you, including information from your officers, employees, agents, representatives or consultants and information which is known by each of them. An incomplete or evasive answer is a failure to answer.

2 If any answer is qualified, state specifically the terms of each qualification and the reasons for it. If an Interrogatory cannot be answered in full, state the part which can be answered and answer the same in full to the extent possible; state further and specifically the reason(s) why the remainder cannot be answered.

3 Unless otherwise specified in a particular paragraph, provide the information and documents requested for the period of one year prior to the date of filing the complaint to the present. Exhibits A and B refer to Exhibits A and B attached to the Complaint. Each Interrogatory is considered continuing, and if Plantiff obtains information which renders its answers or one of them, incomplete or inaccurate, Plaintiff is obligated to serve amended answers on the undersigned.

4 The terms “document” or “documents” in these Interrogatories shall refer to all writings and recorded materials, of any kind, that are or have been in the possession, control or custody of Plaintiff of which Plaintiff has knowledge, whether originals or copies. Such writings or recordings include, but are not limited to, contracts, documents, notes, rough drafts, interoffice memoranda, memoranda for the files, letters, research materials, correspondence, logs, diaries, forms, bank statements, tax returns, card files, books of account, journals, ledgers, invoices, diagrams, drawings, computer files, records, documents, data, print-outs or tapes, reports, statistical computations, studies, graphs, charts, minutes, manuals, pamphlets, or books of all nature and kind whether handwritten, typed, printed, mimeographed, photocopied or otherwise reproduced, all tape recordings (whether for computer, audio, or visual replay) or other written, printed, and recorded matter or tangible things on which words, phrases, symbols or information are recorded.

5 A request to identify a document is a request to state as applicable:

a) The date of the document;

B) The type of document;

c) The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

d) The name of the employer or principal whom the signers, addressers and preparers were representing;

e) The present location of the document;

f) The name and current business and home addresses of the present custodians of the original document, and any copies of it;

g) A summary of the contents of the document; and

h) If the original document was destroyed, the date and reason for or circumstances under which it was destroyed.

6 If any Interrogatory may be answered fully by a document, the document may be attached in lieu of an answer if the document is marked to refer to the Interrogatory to which it responds.

INTERROGATORIES TO BE ANSWERED

1 State whether, on [DATE], the plaintiff or its counsel possessed any written credit application signed by {YOUR NAME}, or any written contract signed by {YOUR NAME}. If your answer is yes, attach a copy of same.

2 State all addresses to which the monthly statements for the account/claim in question were sent, and as to each address, state the beginning and ending dates such address was used by {NAME} to mail such monthly statements.

3 For the account in question, state:

a) Date {NAME} opened the account

B) Date {NAME} closed the account

c) Date of the last purchase and/or cash advance on the account

d) Date of the last payment on the account

4 As to the claim or obligation in question which plaintiff claims it owns, state:

a) The amount which plaintiff paid to acquire the claim,

B) The name and address of the entity from which the plaintiff purchased the claim.

c) The date of such purchase.

d) The manner of purchase.

e) State whether the claim may be returned or refunded to the successor in interest, and under what circumstances

5 List all payments upon the account in question, and for each such payment, state:

a) date

B) amount

c) how the payment was applied to interest, principal, other charges, specifying same.

6 List any and all advances, loans, sales, charges made under the claim sued on, and for each detail the amount, the date, merchant, and to whom the check was payable, and who wrote said check, and who signed each charge slip or cash advance.

7 State the amount of all late charges assessed to the account, and their dates.

8 State a) the name and address of all entities, corporations, partnerships, which have owned the claim upon which the plaintiff sues, and B) for each entity state the amount each entity paid to acquire the claim.

9 If you allege that {YOUR NAME} made any admissions, state the date, time place and substance of any such admissions, and all witnesses to such admissions.

10 For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant.

11 Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered.

12 State the name, address, position, and employer of each person who has knowledge of the facts in this case, or who might possibly be called by plaintiff as a fact witness, and for each such person summarize the facts within the knowledge of such person.

13 For any expert or opinion witnesses, state name, address, position, employer, and attach a copy of their report and/or summarize any oral report.

14 State the names, address, employer, business location, and position of the person signing these Interrogatories and also all other persons who assisted in gathering the information for the answers.

15 For each document you have produced that you contend applies to the account and that

does not contain the defendant’s identifying information, such as the defendant’s name,

social security number, account number, or signature, explain how you know the

document applies to the account.

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Here's a tidbit from my files:

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.

So, the amount a debt buyer paid for a debt is a valid subject of Discovery.

Good luck.

DH

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Here's a tidbit from my files:

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.

So, the amount a debt buyer paid for a debt is a valid subject of Discovery.

Good luck.

DH

Thank you. I added that tidbit to my war chest.

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