I dont undrstnd legal sys & was served by constaple for court by LVNV in PA...Help pl

[hexed775]

ANY and ALL help is certainly appreciated.

I received a Civil Action Hearing Notice on 3/4/11. Notice reads that my adress is XXX my street #2...But there is no #2. Constaple asked if I was the person named on the letter, I said yes but address is not correct. He says "Then it's you" walked away grumbling something.

Anyway the notice is from Plaintiff LVNV for about $7400, they state a Citibank account for about $6500 is in default since 4/16/2008. The notice stated that i need to call the court by 4/1/11 if I intend to enter a defense. I called Monday 3/7/11 & lady asked me if I intend to appear for defense...she said If I dont then judgement will be granted to LVNV. I told her I will show for defense. Now she told me I do not need to be there on 4/1/11 7 a new date will be assigned & sent in a letter.

Bold text on letter reads "YOU MUST APPEAR AT THE HEARING AND PRESENT

YOUR DEFENSE. UNLESS I DO, JUDGEMENT MAY BE ENTERED AGAINST YOU

BY DEFAULT". So who do I believe now, the letter or lady on phone?

I get a "Notice of Continuance" in mail on 3/17/11 to appear @ magistrate office on 4/11/11. I am assuming that this is the court date that the lady was talking about.

ADDITIONALLY: The court is also not in the county I live in...does that matter?

I searched for SOL in PA & some stuff said 4 years, other stuff says 6 years ...which is it? I just need to get myself out of this but I dont know what i need to do now. I have searched for information here about LVNV & what to do in court but this is so completely over my head I dont know what my next step is or where to look. I have a feeling that LVNV is not just gonna roll over & not show up on 4/11.

[fightemdontfold]

I am not sure how cities and counties with magistrates operate, from what I have read it can be an enviornment that is of the backwoods variety where you really need to know and be able to assert your rights.

Basic contesting of JDB suits in non-magistrate cases start by filing an anwser and then anwsering discovery (if they send it) and sending out your own. I am not real familiar with magistrate court other from what I have read but if those accounts are the norm, you will show up to court and will be a part of a gaggle of cases that the JDB has on tap that day. Many will probably be defaults. The few people who do show, probably will not know the facts relative to their rights and that the people suing them probably have little to prove their claim. They will probably lose due to admitting to the debt in some way or by not responding properly to the lawyer and judge. You need to be able to assert that the case is without merit and that you demand proof. Again this is usually done in writing in non-magistrate court, not sure how it goes in magistrate, you might need to know what to say rather than write.

I hope those with knowledge of the magistrate system can assist you, but from the accounts I have read you need to be prepared with knowledge of what is required for them to prove their claim, so you can demand that they provide those things, and you need to steel yourself so not to be intimidated. The JDB lawyer will probably not be used to someone showing who knows their rights, this will probably not make them too happy and they will try to pressure you into either a settlement or some other intimidation tactic.

Edited March 19, 2011 by fightemdontfold

[fightemdontfold]

Couple of other things.

I would almost be sure the lawyer for LNNV will show. If you can look up court dockets online where you live, do it, I almost assure you LNNV and/or other JDB's have other cases set for that day, it is probable the lawyer represents them all.

Hmm, if the court is not in the county you live in, I do believe you could get it dismissed for improper venue, yeah I think I am right on that but would like an affirmation to whether that is right or not by a more experianced poster, don't take my word for it but I think improper venue would be a reason to dismiss it right there. Seems like I remember reading that that might be a violation of federal consumer protection laws, but I am really not sure on that.

If it was me, I would show for any date listed or communicated to you by court personnel, anything to avoid a default. LNNV is a total joke and rarely produces proof so assuming you have to move forward (like I mentioned, I think you have to be sued in the county you live, if this is another county I don't think it can go forward) they can be easily countered.

[Prosay]

ANY and ALL help is certainly appreciated.

I received a Civil Action Hearing Notice on 3/4/11. Notice reads that my adress is XXX my street #2...But there is no #2. Constaple asked if I was the person named on the letter, I said yes but address is not correct. He says "Then it's you" walked away grumbling something.

Anyway the notice is from Plaintiff LVNV for about $7400, they state a Citibank account for about $6500 is in default since 4/16/2008. The notice stated that i need to call the court by 4/1/11 if I intend to enter a defense. I called Monday 3/7/11 & lady asked me if I intend to appear for defense...she said If I dont then judgement will be granted to LVNV. I told her I will show for defense. Now she told me I do not need to be there on 4/1/11 7 a new date will be assigned & sent in a letter.

Bold text on letter reads "YOU MUST APPEAR AT THE HEARING AND PRESENT

YOUR DEFENSE. UNLESS I DO, JUDGEMENT MAY BE ENTERED AGAINST YOU

BY DEFAULT". So who do I believe now, the letter or lady on phone?

I get a "Notice of Continuance" in mail on 3/17/11 to appear @ magistrate office on 4/11/11. I am assuming that this is the court date that the lady was talking about.

ADDITIONALLY: The court is also not in the county I live in...does that matter?

I searched for SOL in PA & some stuff said 4 years, other stuff says 6 years ...which is it? I just need to get myself out of this but I dont know what i need to do now. I have searched for information here about LVNV & what to do in court but this is so completely over my head I dont know what my next step is or where to look. I have a feeling that LVNV is not just gonna roll over & not show up on 4/11.

Google:

"Court tosses debt collector's suit" (pertains to a recent opinion in PA)

[donqII]

ANY and ALL help is certainly appreciated.

I received a Civil Action Hearing Notice on 3/4/11. Notice reads that my adress is XXX my street #2...But there is no #2. Constaple asked if I was the person named on the letter, I said yes but address is not correct. He says "Then it's you" walked away grumbling something.

Anyway the notice is from Plaintiff LVNV for about $7400, they state a Citibank account for about $6500 is in default since 4/16/2008. The notice stated that i need to call the court by 4/1/11 if I intend to enter a defense. I called Monday 3/7/11 & lady asked me if I intend to appear for defense...she said If I dont then judgement will be granted to LVNV. I told her I will show for defense. Now she told me I do not need to be there on 4/1/11 7 a new date will be assigned & sent in a letter.

Bold text on letter reads "YOU MUST APPEAR AT THE HEARING AND PRESENT

YOUR DEFENSE. UNLESS I DO, JUDGEMENT MAY BE ENTERED AGAINST YOU

BY DEFAULT". So who do I believe now, the letter or lady on phone?

I get a "Notice of Continuance" in mail on 3/17/11 to appear @ magistrate office on 4/11/11. I am assuming that this is the court date that the lady was talking about.

ADDITIONALLY: The court is also not in the county I live in...does that matter?

I searched for SOL in PA & some stuff said 4 years, other stuff says 6 years ...which is it? I just need to get myself out of this but I dont know what i need to do now. I have searched for information here about LVNV & what to do in court but this is so completely over my head I dont know what my next step is or where to look. I have a feeling that LVNV is not just gonna roll over & not show up on 4/11.

This is in front of a magistrate. I cannot help you as I do not know

magisterail laws of Pa. but,

I would assume that the lady who told you that you don't need to be in court on 4-1 is correct because you stated that you were to call by 4-1-11

if you are going to enter defense. You did and the date was sent to you.

I would prepare a defense and affirmative defenses just as if you were

going into real court.

This now is also the time to decide if you want to go the Arbitration route.

If so... start reading the Arb. section. here if you haven't already.

http://www.creditinfocenter.com/forums/forumdisplay.php?f=199

SOL in Pa. for credit cards is 4 years.

Where are you in PA. Philly end or Pittsburgh end?

[Prosay]

ADDITIONALLY: "The court is also not in the county I live in...does that matter?"

Did you live in the county so stated at the time the 'alleged account" was applied for , or at the time the account was used ?

If not, then you might be able to cite "improper venue" and get the matter dismissed. Question: If the constable knew where to deliver the summons, why was it not filed in your county of residence ?

[hexed775]

I would prepare a defense and affirmative defenses just as if you were going into real court.

This now is also the time to decide if you want to go the Arbitration route.

If so... start reading the Arb. section. here if you haven't already.

Your link to the arb pages was here

SOL in Pa. for credit cards is 4 years.

Where are you in PA. Philly end or Pittsburgh end?

Thanks for the reply... My questions in bold:

I did start going thru the arb stuff but my head is swimming w/ all the stuff in there...Should I focus soley on Pennsylvania stuff in arb, or might any state work?

Im in East half of PA

Arbitration: If Im understanding this right I can still try to work this out outside of the court? What othere route is there?

By Defenses: I need to explain why I haven't paid on it debt to OC?

Just FYI I haven't done a "DV". I dont know LVNV, never agreed to business w/ them...only the OC. I dont recall ever getting anything. Address was wrong on pprwrk constable left. The address w/ unit # does not exist.

I dont know the last time i paid on this. On the summons is says went to default 4/16/2008...The last payment may have been a bit before that. Is it a good idea to call the OC (from a payphone) & ask for last payment posted? or would the fact Im calling just reset the "SOL clock"? If this goes on till next April all this can go away?

[hexed775]

ADDITIONALLY: "The court is also not in the county I live in...does that matter?"

Did you live in the county so stated at the time the 'alleged account" was applied for , or at the time the account was used ?

If not, then you might be able to cite "improper venue" and get the matter dismissed. Question: If the constable knew where to deliver the summons, why was it not filed in your county of residence ?

Thanks Prosay...

I never lived in the county where the magistrate office is. If this is the account im thinking of the it was not applied for or used in that county...I litereally have nothing to do with that county even though it is a few miles from me.

The address is wrong on summons, it is addressed to the house addres w/ a unit #, but no unit # exists. Constable was some burly guy w/ a flannel shirt, I told his the address is not right, he said "Is that your name?" I confirmed, the he says, "It's you then" & grumbled something while walking away.

So even if the constable knew where to deleiver, Is the fact that the county filed in is wrong can i get this suit dismissed?...how do I do that, do I call the court again or call the LVNV directly?

I have read to read the civil court rules but everything i goto on the PA links says "rescinded", and the legalese is so deep I dont think much of it is English anymore.

Im starting to feel that Im in a real dangerous position w/o a lawyer @ this point...b/c I absolutely dont understand 95-98% of this Is it a good idea for me to get one? (like i can afford one). How much trouble can I get in w/o a lawyer?

[Andyt293]

Put the Constable issue aside for a minute. He served you, you responded to the Magistrate and informed the office of your intent to defend. Now it is time to defend.

First and foremost. You need to show up at the hearing. There is a 50/50 chance that the LVNV lawyer may not show up. If you both fail to show for the hearing LVNV will get an automatic default judgment against you. If you show up and the LVNV lawyer fails to show then you can request dismissal with prejudice (Inform the Magistrate that you never lived in the county, are not aware of the company, et cetera).

If the lawyer for LVNV shows up, then you can bring up the wrong address, deny any knowledge of LVNV and ask the lawyer (in court) lots of questions. Remember, the lawyer cannot testify for his client.

Emphasis added here. I would not, repeat not talk to the lawyer before the hearing unless you are willing to work out some kind of payment. Again, you may get lucky and not even have a lawyer show up. LVNV is so used to getting default judgments that they are poorly prepared when someone shows up to fight.

[hexed775]

Thank you Andyt293.

I'm focusing what you noted on the lawyer not testifying for his client...So just b/c the lawyer does show up doesn't mean that Im dead in the water? Im just have to needle the lawyer w/ questions as to the validity of the claim (kinda of like a DV)?...Then what happens (typically)?

If I get lucky & he doesn't show up if judge finds in my favor with prejudice...does this go away forever-ish? Meaning could LVNV sue me under one of their different names? or would they just sell it off & another JDB would have a go?

Would it be a good idea for me to call the OC anonymously to find out the last payment on the account? & when sold off (if they tell me that)?

[jingle]

Appear in court on the date, and deny the debt belongs to you. LVNV has to provide evidence that the debt belongs to you. Did you answer the complaint in writing to the court? Send a certified letter to the court stating that you are not familiar with this debt and that it does not belong to you. That is what I would do.

[hexed775]

hi jingle...I didnt write to the court, The notice only told me to call (or show up on original date) if i plan on defending. I called & they sent a new date.

If I send them a certified letter denying the debt what am i showing up for then...I plan on denying in person. Im reading up on defenses etc.

[Andyt293]

Do not write the court. It is a waste of time and will not affect the outcome of your case. Your only required communication with the court is your notice to defend. Magisterial District Court is VERY informal. There is no stenographer and the only written account (not record) of testimony is whatever notes the "judge" writes on a scrap of paper.

Show up, deny everything, question everything the lawyer says and object to anything that you feel is testimony. Question affadavits. Bring up the wrong address as an issue. Do everything you can to bring a cloud over the proceedings. Be assertive and respectfully demand dismissal with prejudice.

[hexed775]

outstanding questions:

When does the "SOL clock" start ticking?

Can I/Should I call OC to verify last activity & date "sold"?

If I call OC will it restart SOL clock due to "new activity" (my phone call)?

How do I find out if LVNV is licensed in my state?

Edited April 4, 2011 by hexed775
forgot a question.

[hexed775]

outstanding questions:

When does the "SOL clock" start ticking?

Can I/Should I call OC to verify last activity & date "sold"?

If I call OC will it restart SOL clock due to "new activity" (my phone call)?

How do I find out if LVNV is licensed in my state?

***I just got a letter telling me that the hearing has been continued for a few more weeks, requested by the atty office filing against me. I think this dork is up to something, is there anything I need to/can do to prevent this guy from getting any ammo against me? I need serious help with this.***

[hexed775]

BUMP