Jump to content

Need advice, Im being sued by LVNV Funding, LLC in Pennsylvania


Recommended Posts

Civil Complaint

Plaintiff, LVNV Funding, LLC, is the Assignee and Successor of Interest of Account # ending in ----; and, said account was issued to Defendant by GE CAPITAL/SAMS CLUB, the original creditor. Defendant received, accepted, and used the account to its benefit. This account is in default and the Defendant has an unpaid balance of 998.53

This is info from my credit report from GE/SAMS

Date Opened: 03/2006

Date Reported: 01/2009

Date of Last Payment: 12/2007

Date Major Delinquency First Reported: 08/2008

Charge Off Amount: $463

Activity Description: Transfer/Sold

This the info on cr from LVNV

Account Owner: Individual Account.

High Credit: $999

Type of Account : Open

Credit Limit:

Term Duration:

Terms Frequency:

Date Opened: 11/2008

Balance: $1,095

Date Reported: 03/2011

Amount Past Due: $1,095

Date of Last Payment:

Actual Payment Amount:

Scheduled Payment Amount:

Date of Last Activity: N/A

Date Major Delinquency First Reported: 02/2009

Months Reviewed: 25

Creditor Classification: Financial

Activity Description: N/A

Charge Off Amount:

Deferred Payment Start Date:

Balloon Payment Amount:

Balloon Payment Date:

Date Closed:

Type of Loan: Factoring Company Account (debt buyer)

Date of First Delinquency: 08/2007

Comments: Collection account

Where did the 998.53 come from when the account was charged off for 463.00?

I need help to defend myself. Any and all answers appreciated.

Link to comment
Share on other sites

Where did the 998.53 come from when the account was charged off for 463.00?

Unfortunately, JDBs are allowed to charge interest.

Read your state's Rules of Civil Procedure. Have you answered the Complaint? If not, you must file an Answer within the allotted time. If your rules allow, you should include affirmative defenses with your answer.

Did LVNV include anything with the Summons and Complaint?

Your CR shows that you made the last payment in 12/07. Have you checked your records to make sure that's correct?

Check the "date reported" from GE/SAMS and the "date opened" from LVNV just to make sure you typed them correctly.

Link to comment
Share on other sites

Thank you for your answer.

Did LVNV include anything with the Summons and Complaint?

No. Only what I typed.

Your CR shows that you made the last payment in 12/07. Have you checked your records to make sure that's correct?

I dont have a record, however it is most likely correct as it was 12/07 that I had surgery for a life threatening illness.

Check the "date reported" from GE/SAMS and the "date opened" from LVNV just to make sure you typed them correctly.

Yes. I C&P from my credit report.

What I have done so far is inform the court that I will defend myself. I received a letter letting me know the date and time of hearing.

Link to comment
Share on other sites

I was at district court today because of a judgement filed against me by LVNV. Needless to say, the attorney tried to talk to me prior to the hearing. Whatever you do...politely decline!!!!! They will try to get you to settle and/or admit to the debt!! In PA the best thing you can do is claim no knowledge of the debt amount and state that you need verification IF the debt is yours!

When the district justice asked for proof of said account, the attorney stated that he had nothing. She asked him again if he had any statements, account records, signed account agreement. He again stated he had no proof of this account. Obviously she filed in my favor in a zero judgement against me. However, these slimeballs have 30 days to appeal...

My OC was Capital One....at time of charge off I only owed $556--LVNV claimed I owed $1026.

Nine times out of ten--these guys will either NOT show up--or if they do--they will have no proof of the debt they are trying to collect.

Link to comment
Share on other sites

What I have done so far is inform the court that I will defend myself. I received a letter letting me know the date and time of hearing.

Read your court's rules of civil procedure. They will tell you how to proceed. Does the court in which you're being sued require you to file an Answer to the Complaint?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.