monkeyboy121 Posted March 8, 2011 Report Share Posted March 8, 2011 hello all, Wondering what my next step is. I recieved a letter from a Law firms saying they are sueing me on behave of LVNV funding, LLC as a successor in interest to Capital one.Then I recieved a Summons and Complaint for small claims court. The amount owed is 2300.00 so under 5,000. They have court date for the end of the month. march 22nd. I tried to call and talk the law firm but sounded more like a bill collector he was asking my questions that he should already know address phone number place of employment. Got a bad vibe so decided to do some research first and see what my options were before I answered anymore of his questions.Does anyone know what steps I can take to not have to got to court, or if I do go to court what my options would be.Any help would be great. Link to comment Share on other sites More sharing options...
madmader Posted March 9, 2011 Report Share Posted March 9, 2011 If I were in your shoes, I would contact the court and verify the date / time with them first. If they verify that it is valid, then I would go to court then. If they say it is false, then call their bluff. I currently have an account with LVNV funding, and if I remember correctly about a year ago, they tried that crap with me, but I called their bluff. I was never served any papers though. I talked with them and they offered me a settlement deal for 50 cents on the dollars. Getting out of a 1,600 dollar debt for around 800 bucks. Call the court and verify the date / time first... Link to comment Share on other sites More sharing options...
jasahj Posted March 9, 2011 Report Share Posted March 9, 2011 hello all, Wondering what my next step is. I recieved a letter from a Law firms saying they are sueing me on behave of LVNV funding, LLC as a successor in interest to Capital one.Then I recieved a Summons and Complaint for small claims court. The amount owed is 2300.00 so under 5,000. They have court date for the end of the month. march 22nd. I tried to call and talk the law firm but sounded more like a bill collector he was asking my questions that he should already know address phone number place of employment. Got a bad vibe so decided to do some research first and see what my options were before I answered anymore of his questions.Does anyone know what steps I can take to not have to got to court, or if I do go to court what my options would be.Any help would be great.Hi, We just went through this process in January. You can check your case online at http://wcca.wicourts.gov/simpleCaseSearch.xsl. You can search by your name, case number. Our summons had the attorney's state bar # so I searched that to find cases that were dismissed against them and why. You need to answer your summons. I used this this form. http://www.wicourts.gov/formdisplay/SC-5200.pdf?formNumber=SC-5200&formType=Form&formatId=2&language=enOur summons had no documentation or anything attatched to it. It said that an appearance was not required but an answer was required by the date listed on the summons. The lawyer just summited a paragraph that we had x account with x company and owed x dollars and they wanted x dollars in interest because we defaulted. I denied all allegations and demanded strict proof thereof. After the answer is submitted they will mail you a court date. Depending on your county, it is usually around 30 days or so later.How you respond to your summons depends on how you want to prepare your case. We were just buying time to come up with money to pay, so we did notinclude affirmitive defenses. It turned out the CA dismissed the case. We had mailed the cashiers check the day before we got the dismissil letter so they still got there money:(. There are lots of post about how to answer a summons. If you post more information about your summons, I am sure people on the board can offer some advice. You also want to check your local county circuit court rules. Before we found out the case was dismissed, we requested to appear by telephone at the hearing. Our county also has trial de novo. The original case is heard by a court comissioner. You can appeal COURT COMMISSIONER'S decision and have another trial infront of a judge. It is helpful if you are trying to come up with more time or be a pain in the behind to the CA.Also do a search of the law firm name and see if anyone has posted any information that might be helpful about them. Just remember to answer the summons in time to avoid a Default Judgement. Link to comment Share on other sites More sharing options...
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