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Sued in PA by LVNV - PO Review

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I recently received notice of a lawsuit from LVNV Funding, LLC. Their "evidence" in the suit is poor, at best, so I am filing Preliminary Objections on multiple grounds. I was wondering if someone could check my documents and let me know if anything is incorrect or if I'm missing anything. Here are my answers to the questionnaire in the stickies:

1. Who is suing you? LVNV Funding, LLC

2. For how much? $1,143.51

3. Who is the original creditor? Capital One

4. How do you know you are being sued? I was served

5. How were you served? Were you served? Local sheriff

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? Cumberland County, PA

8. When is the last time you paid on this account? Unknown, but within SOL

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). Awaiting my response; initial 20 days

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, as I was not previously aware of it

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 in writing? (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? Yes, it requires a response in writing. No, there was no interrogatory.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? The only attached exhibit stated my name, address, last 4 digits of account number, original creditor, and amount owed. It's headed as "Statement of Account"

14. What is the SOL on the debt? 4 years, not valid in this instance

The complaint is only 7 paragraphs long, so I will list these below:

1. Plaintiff is LVNV Funding, LLC, 15 South Main Street Ste 500, Greenville, SC 29601.

2. Defendant is <<redacted name and address>>

3. Plaintiff, LVNV Funding, LLC, is the Assignee and Successor in Interest of Account # ending in <<last 4 digits>>; and said account was issued to Defendant(s) by Capital One, the Original Creditor.

4. Defendant received, accepted, and used the account to its benefit.

5. This account is in default and Defendant(s) has an unpaid balance of $1,143.51. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".

6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A".

7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above

Wherefore, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,143.51 and requests the Court award costs to the extent permitted by applicable law.

Just to note, the verification is signed by counsel, rather than the actual plaintiff (which is one of my objections).

I can't post links, but below you'll find my (redacted) documents as I've prepared them, but in png format for easy web viewing. For the Preliminary Objections, I used a form someone had posted here (whom I can't remember at this time, but am very thankful for!). [edit: I checked. It was Sport59. Thanks again!]

Notice to Plead: imgur.com/ukLoP.png

Preliminary Objections: imgur.com/C35yd.png

Verification: imgur.com/BWUAZ.png

Certificate of Service: imgur.com/fT45c.png

Order of Court: imgur.com/td70Q.png

I very much appreciate any attention that this thread receives and any advice that anyone gives. I believe everything is in order, but I'd hate to submit my paperwork and then get caught on a technicality. Thanks again!

Edited by SuedByLVNV
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my husband was served with the same exact complaint (word for word other than name address and balance) and i have no idea what to do. We are in Monroe county. Anybody have a template for answering the complaint?

We really can't afford an attorney. Please if anyone can help us with this, it would be greatly appreciated!! Thanks!

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Wow...looks like LVNV Fundung has been busy in Pennsylvania...good grief!!

LVNV is another of those JDBs that rarely has enough information to convince a judge. At the first sign of a fight...they run...lol.

But here is where all three of you need to start looking and learning...


This link is to Pennsylvania's Rules of Civil Procedure. You need to research answering a complaint. Then come back with specific questions and someone here from PA will probably help out...


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