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Filing a Lawsuit on LVNV Funding LLC | Need advice Help!


joshohio01
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Filing a Lawsuit on LVNV Funding LLC | Need advice Help!

Ok so LVNV Funding reported on EX credit report back in May of 2011, for ashworth college debt they say I owe them, yet I do not because i never attended college with them.

So it looks like 2 accounts of $874 and $919 got sold to LVNV Funding,

So i disputed it with EX, they did nothing in short. So i sent the ceriftied letter requesting DV to LVNV Funding, they signed for it on the 3rd of this month, now today I checked all 3 reports now they added both debts on EQ and TU as new accounts as of 08/31/2011 - What is funny is I have been out of the country for 3 years, and they are pulling this crap now.

But as I said on all 3 reports they show different months and dates of the account being opened.

I want to file a local lawsuit on them to get it removed and to seek any damages if I am entitled to any.

So if anyone can tell me how much longer do I have to wait?

I can't stand these guys they are crooks.

Any advice and thoughts would be great thanks,

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Sometimes, you will find things too heavy to settle. However, when you have already started out your plan of action, you will find out that it isn't that difficult. Well, the start is always the toughest. I am on your side, do what is right.

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Well they are reporting to the agency of a debt that is not mine and never agreed to the org creditor or anyone to pay this debt, so that would be my 1st, but that is why i was asking on here, what i could file on the lawsuit motion of what would be the correct filing title?

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Well they are reporting to the agency of a debt that is not mine and never agreed to the org creditor or anyone to pay this debt, so that would be my 1st, but that is why i was asking on here, what i could file on the lawsuit motion of what would be the correct filing title?

What you're describing would be a possible FCRA (Fair Credit Reporting Act) violation(s). The statute of limitations is two years from the date of the violation, known or not.

A few questions;

1. Are the accounts, on your report, marked as disputed.

2. Not word for word, but basically what did your dispute letter say.

3. Did you follow up after the dispute and ask for more information and a reinvestigation.

4. What was LVNV response, what did the letter from the agency say, such as, verified, updated, ect..

5. When you sent debt validation to LVNV, how much time had passed since you were aware of the alleged debt.

6. What information, if any, has LVNV sent you.

An FCRA lawsuit, pro-se, is not exactly a walk in the park. You're going to run into a ton of evidence admissiblity issues. Not evidence problems, while you might run into those, but admissibility of that evidence.

You're going to be required to prove your case without hearsay evidence. Without a live witness to authenticate; credit reports, letters, conversations, billing statements, and pretty much any other document is hearsay.

Also keep in mind you would be suing them in Federal Court. That's $350.00 just to file the case, so you are going to be out around $500.00 bucks just filing the case and serving them.

You also better get intimate with these.

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/2010%20Rules/Civil%20Procedure.pdf

Have you ever filed a lawsuit before. If not, filing a case like this in Federal Court, is going to be quite challenging. It can be done, but I'm not exaggerating, you will probably have to devote 100 hours to just learing the rules, researching the laws, precedent and trial strategy.

Then it's time for motions, discovery and hearings. After that, it will be your job and cost to get all your witnesses served with subpoenas and to court.

The very first thing you need to do is nail down a solid cause of action. If not, they will move to dismiss for failing to state a claim and it will be granted. You're going to need detailed allegations, what law those allegations broke and your damages. The FCRA does have statuatory damages, but you can get more for a willful violation.

Good luck but you have a ton of work ahead of you. Most of the answers are on this board and most are willing to help. However, none of us will be with you in court.

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Coltfan, thanks so much for all the info and insight. Now anything like this must be done on a federal level and not local state court or local county court, such as small claims court?

also so if i get letters from lvnv funding those are hearsay in the courts eyes? and credit reports showing as well is hearsay?

and about lawsuit no, but i have filed in county and state court over a few issues such as custody,probate, filed all court motions and discovery my self.

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You could file in state but there is a good chance they will remove it to Federal Court. Also, I would not go within a mile of a small claims court in an FCRA case. You will have to not only educate yourself on the law, but the judge also.

If you sue LVNV they would be in court so you could force them to authentic the evidence at trial, which they have first hand knowledge of (evidence they originated.)

Everything else is hearsay. Think about this question. You argue that LVNV put something on your report in error, won't fix it and your credit report is making you lose money, jobs, ect.. You present the credit report at trial all highlighted with undisputable violations.

You have LVNV on the stand, hand them the credit report and ask them to read the highlighted portion. They do and it proves a slam dunk FCRA violation based on your allegations in the lawsuit. You got em and got em good. You got them on the stand reading the credit report, with an error under their entry on the report which is a slam dunk violation of the FCRA.

Then they say, but this is not what we reported to the credit beauru, we reported (insert whatever they legally should have reported here.) Transunion (or whoever) made an error in their reporting of the information we provided or we submitted a request to Transunion to remove this account from your report. They did not, Transunion messed up and made the error, we reported it correctly to Transunion, Transunion dropped the ball. Here is what we sent to Transunion (backed dated evidence of course which clear thems of wrong doing).

What's your response? Are you going to put that credit report on the witness stand and ask it questions to dispute what LVNV just alleged?

Edited by Coltfan1972
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well i will wait to get more dirt on lvnv funding waiting for more letters from them to see if they write back.

then if they do not do what they should be doing, then i will file in the united states district court for the southern district of ohio, as someone must standup to these scum bags.

Thanks Coltfan for all the help, im just trying to get all my options and ducks in order, and yeah my credit is trashed but to have these scum bags report items that are not true then ill pay $350 in court filing fee, as i should be able to get that back when suing them for court costs

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as someone must standup to these scum bags.

Oh, I agree 100% with you. I've sued them and countersued them. I was just giving you the heads up that slam dunk evidence sometimes admissibility issues.

You get them violating with something they originate; such as, a letter to you. Then you have an almost walk in the park as far as admissibility of the evidence, espicially after you paint them in a corner during discovery.

Good luck, your dealing with one of the worst ones out there.

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This all makes for good TV, but I think we're getting ahead of ourselves.

joshohio01, have you ever contacted Ashworth to inquire whether they have any record of you? I'm not surprised by anything LVNV does, but I doubt they're inventing phony Ashworth College debt and dunning people at random for it.

Ashworth has your name for a reason, legitimate or not. You need to address that first.

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Yes I have already contacted them, and they confirmed what i already knew, and that was that i did not complete the admission process due to their accreditation status. So thats all, so some how someone at ashworth came up with bogus money i owe them, or its not ashworth, as lvnv never confirmed anything but saying its " Criminal Justice Debt" that is the only thing i can think of is ashworth that has anything to do with CJ, other then when i went to the police academy, but i paid that in full so could not be for that...

So like I said it has to be one of 3 things

1.) Ashworth reporting bogus debt

2.) Someone using my SSN ID

3.) LVNV reporting fake debt

could not be anything else, because this is not like a credit card i might have owed or medical bill..

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So Ashworth set up an account an billed you even though you never completed the enrollment process, then sold the debt to LVNV when you didn't pay.

LVNV isn't going to care about any of that, so you'd be better off making Ashworth care about it. You could start by filing complaint with Ashworth's accrediting body, the DETC. They may just decide to "buy back" the account in order to correct their "error."

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LVNV isn't going to care about any of that

For sure. To the OP, when I was giving you advice and posing questions, if you notice, most of it was built around how LVNV was collecting or reporting this debt, not if it was a legit debt or not.

If you want to challenge the debt if it is legit or not you don't need to do that with LVNV.

P.S. the best way to make somebody care? A process server handing them a lawsuit after you have exhausted all other channels and have your ducks in a row and saying, "You've been served." The old give a damn meter immediately shoots through the roof.

I worked insurance claims for years. I can assure you when a lawsuit is finally filed, even if frivilous (and there were a ton of those in small claims filed. Unfortunately most people did not realize they had to sue the person that hit them and not their insurance company so 95% of them we automatically got dismissed and were never filed again. But the ones that did move forward, I can assure you that is where you "make them care."

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You could file in state but there is a good chance they will remove it to Federal Court. Also, I would not go within a mile of a small claims court in an FCRA case. You will have to not only educate yourself on the law, but the judge also.

If you sue LVNV they would be in court so you could force them to authentic the evidence at trial, which they have first hand knowledge of (evidence they originated.)

Everything else is hearsay. Think about this question. You argue that LVNV put something on your report in error, won't fix it and your credit report is making you lose money, jobs, ect.. You present the credit report at trial all highlighted with undisputable violations.

You have LVNV on the stand, hand them the credit report and ask them to read the highlighted portion. They do and it proves a slam dunk FCRA violation based on your allegations in the lawsuit. You got em and got em good. You got them on the stand reading the credit report, with an error under their entry on the report which is a slam dunk violation of the FCRA.

Then they say, but this is not what we reported to the credit beauru, we reported (insert whatever they legally should have reported here.) Transunion (or whoever) made an error in their reporting of the information we provided or we submitted a request to Transunion to remove this account from your report. They did not, Transunion messed up and made the error, we reported it correctly to Transunion, Transunion dropped the ball. Here is what we sent to Transunion (backed dated evidence of course which clear thems of wrong doing).

What's your response? Are you going to put that credit report on the witness stand and ask it questions to dispute what LVNV just alleged?

I was under the impression that the hearsay issue was why the law was written so that you had to first dispute with the CRAs, let them verify, send them a MOV, then dispute with the furnisher and let them whine back to you that the info was correct. If you have a written communications from both the CRAs and the furnisher, that should, at the very least, help with the admissibility issues.

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Help? Yes, but letters are hearsay. You can get around it with discovery and request for admissions and documents. Just pin them down to admitting or denying certain elements you need and are hearsay. I'm sure would take a battle and maybe a motion to compel, but that's what makes it fun.

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Help? Yes, but letters are hearsay. You can get around it with discovery and request for admissions and documents. Just pin them down to admitting or denying certain elements you need and are hearsay. I'm sure would take a battle and maybe a motion to compel, but that's what makes it fun.

I was of the understanding that those letters aren't hearsay if you can establish that the person who sent them were "made by the party’s agent or employee on a matter within the scope of that relationship and while it existed;" (from rule 801(d)) and you can show as much. Of course, showing that would require discovery, but that would put you that much closer to the goal. I've admittedly never had to deal with that part of the rule, and may be totally misunderstanding it though.

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I was of the understanding that those letters aren't hearsay if you can establish that the person who sent them were "made by the party’s agent or employee on a matter within the scope of that relationship and while it existed;" (from rule 801(d)).

Hearsay is any out of court statement offered in court to prove the truth of the matter asserted. Nothing more, nothing less.

The fact that a certain statement is "hearsay" does not necessarily mean it is not admissible. There are lots and lots of exceptions the hearsay rule, any one of which, if shown, can make result in the admissibility of hearsay. Even if it is admissible, it is still hearsay, it just fits within one of the exceptions.

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I was of the understanding that those letters aren't hearsay.

Well technically they are still hearsay, maybe a higher grade of hearsay (:lol:) like Nascar posted.

Of course, showing that would require discovery

In my opinion, your exactly right. It's inadmissible, but can be made admissible using discovery. Then it's still hearsay only now admissible hearsay.

It's like I posted in a thread yesterday for an admission where a poster said admit you can't provide a complete accounting of the debt. I said they will deny. They can provide a complete accounting, it just might be the biggest inadmissible b.s. accounting every produced, but an accounting none the less.

However, they get a witness with first hand knowledge involved at that same inadmissible b.s. could become admissible b.s.

For example,

Admit the Plaintiff sent a dispute letter to you disputing the alleged debt, a copy of which is attached, along with the signed certified mailing receipt.

Admitted

Admit you requested the account be noted "in dispute" on the Plaintiff's credit report. Admitted

How did you notify the CRA to mark the account in dispute. Whatever answer here.

Produce the document (or whatever they said was the means to report to the CRA) that came from you notifying the CRA to note the account disputed.

So, in my opinion, you just got around admissibility for the letter sent to the CRA. And then on and on like that is how I would do it personally.

You see junk debt buyers try it all time. Admit Midland sent you a letter stating they own this account. Admitted

Admit Midland is now the owner of this account. No way you can know, you can't admit, you don't have the records or knowledge, but they try to get it past you anyway and get over the hearsay to standing hurdle by getting an admission they are the owners, therefore, basically saving their case using discovery.

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Nothing is hearsay unless the other side either objects in court that a doc be admitted or the other side proves the doc not admissible, but the real person to determine whether or not something is hearsay is the judge.

If you have letters that are signed by a person that works for the cra's that the info was verified by the data furnisher, or from the college stating that you never attended their college, by all means present them to the court and let the other side challenge those docs as hearsay. It will be up to the Judge to determine whether or not the docs are admissible or not.

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