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Civil action hearing notice from LVNV funding in PA


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Hi,

I have just received a certified letter from the District court with a Civil Action Hearing Notice.

LVNV funding is asking for a judgement against me for a Capital One credit card.

I have been through this once before with them and on the day of the hearing they withdrew the case because I asked for verification of the debt.

This time along with the hearing notice they have also sent the following:

A Capital One Statement page stating that I am 6 payments behind

A Capital One Cycle Facsimile Report...not sure what that is for, all it appears to have on it is my name, address and some account info.

A Bill of Sale between capital one bank and Sherman Originator III, LLC...the purchase price is whited out as is the unpaid balance of the accounts...my name or account info is not listed anywhere...looks like its a bill of sale for a group of accounts.

A Declaration of Account Transfer...between Sherman Originator III, LLC and LVNV Funding...also does not have any information pertaining to me.

Now I am guessing they sent out these extra papers because I asked for verification of the debt previously. Maybe I am missing something here but do any of these papers prove they have ownership of the debt?? I think not as none of them have any personal information pertaining to me, except the statement...which is just a statement it does not prove they legally own the debt. Maybe they are hoping I just won't show up this time?

Now even if they can prove they now own the debt, does unjust enrichment apply to them?...I have been reading that even if they can prove ownership of the debt that they are not allowed to receive more than what they originally paid for the debt.

Obviously I plan on showing up for the hearing, but I don't want to look like a complete idiot when I bring up these points if they won't apply to me.

I appreciate any advice....Thanks

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If the bill of sale does not have any of your name, account number etc on it then it seems they may lack standing to sue you. That may be a defense but I am not a lawyer so take my advice for what it is worth.

There are consumer attourneys in PA that usually do a free consultation. I called one and he answered a few questions for me and was actually very helpful.

Im guessing the debt is still within the SOL. Is it?

Where in PA are you?

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I am in Media, the last payment made to the account looks to be in June 2008, so I believe it is still within SOL.

Wow, we are in complete oposite corners of PA. Im in Erie County.

You may want to give this guy a call, he answered some of my questions. I would try and ask about that bill of sale.

There are also many more knowledgable people on here then me that will be more than happy to help you.

Debt Collection Defense in PA

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Hi,

I have just received a certified letter from the District court with a Civil Action Hearing Notice.

LVNV funding is asking for a judgement against me for a Capital One credit card.

I have been through this once before with them and on the day of the hearing they withdrew the case because I asked for verification of the debt.

This time along with the hearing notice they have also sent the following:

A Capital One Statement page stating that I am 6 payments behind

A Capital One Cycle Facsimile Report...not sure what that is for, all it appears to have on it is my name, address and some account info.

A Bill of Sale between capital one bank and Sherman Originator III, LLC...the purchase price is whited out as is the unpaid balance of the accounts...my name or account info is not listed anywhere...looks like its a bill of sale for a group of accounts.

A Declaration of Account Transfer...between Sherman Originator III, LLC and LVNV Funding...also does not have any information pertaining to me.

Now I am guessing they sent out these extra papers because I asked for verification of the debt previously. Maybe I am missing something here but do any of these papers prove they have ownership of the debt?? I think not as none of them have any personal information pertaining to me, except the statement...which is just a statement it does not prove they legally own the debt. Maybe they are hoping I just won't show up this time?

Now even if they can prove they now own the debt, does unjust enrichment apply to them?...I have been reading that even if they can prove ownership of the debt that they are not allowed to receive more than what they originally paid for the debt.

Obviously I plan on showing up for the hearing, but I don't want to look like a complete idiot when I bring up these points if they won't apply to me.

I appreciate any advice....Thanks

Regarding the highlighted paragraph, a few states have laws related to that issue. Unless your state has such a law, you can claim "unjust enrichment", but it might not stand.

Attack the proof of ownership. Did they include an affidavit(s)?

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No, they did not include any affidavits.....figure I'm going to go after proof of ownership, if the Lawyer that shows up is anything like the last one I don't think i will have any problems!! They are obviously hiring the cheapest lawyers around to show up for these things!

It seems they make their money on the people that are too scared to show up and get the judgments in their favor!

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