Jump to content

PA Canius Lawsuit


Canius
 Share

Recommended Posts

I was given a certified letter Saturday the 14th . It was from LVNV Funding a civil action hearing about a credit card that was written off on October 19 2008. and they are suing for $1300 + from Credit one bank.

Sheesh the credit card people are going to CIVIL COURT, It turns out that the debt is assigned to collections of LVNV..

so OF COURSE I am contacting the COURT TUESDAY (Monday is Martin Luther King day go figure..) and declaring Not guilty.

I am in West Chester PA and even though I am a college student (and can get free legal advice from the college YEA! :lol:) I was wondering the following...

1) What is the best path to beat this Yes I want to win

2) How likely are they not to show up.. Has this happened before.

3) what ab out the fact that this is a debt that was written off by the credit card people. Can I use this>?

4) can the people at the collections not have the proper paperwork on this debt.

5) does the collection people having my debt equal heresay?

6) GOD FORBID I lose They cant garnish My wages? I heard that in pA that Garnish wages is only for "Child Payments" the GOVT.

Thanks and if you want to send me messages please go ahead.

Link to comment
Share on other sites

I was given a certified letter Saturday the 14th . It was from LVNV Funding a civil action hearing about a credit card that was written off on October 19 2008. and they are suing for $1300 + from Credit one bank.

Sheesh the credit card people are going to CIVIL COURT, It turns out that the debt is assigned to collections of LVNV..

so OF COURSE I am contacting the COURT TUESDAY (Monday is Martin Luther King day go figure..) and declaring Not guilty.

I am in West Chester PA and even though I am a college student (and can get free legal advice from the college YEA! :lol:) I was wondering the following...

1) What is the best path to beat this Yes I want to win

IMO, attack their standing. They probably can't even show that they own the debt.

2) How likely are they not to show up.. Has this happened before.

Depends on how sloppy the law firm is, but you should assume that they will show up.

3) what ab out the fact that this is a debt that was written off by the credit card people. Can I use this>?

Nope. You can't really use it. LVNV "steps into the shoes" of the original creditor. If you read, oh, just about any CC agreement, it will state that the account can be sold to a third party at any time without your permission. LVNV gets all of the rights, good and bad, under that agreement.

4) can the people at the collections not have the proper paperwork on this debt.

Chances are, they don't. This goes back to the standing issue. Coltfan loves this and he might decide to chime in.

5) does the collection people having my debt equal heresay?

I'm not sure what you mean by does it "equal" hearsay. In general, any document that they try to submit from the OC will be hearsay and they won't have the witness to back it up.

6) GOD FORBID I lose They cant garnish My wages? I heard that in pA that Garnish wages is only for "Child Payments" the GOVT.

Thanks and if you want to send me messages please go ahead.

I don't know about garnishment in PA. That varies from state to state.

Link to comment
Share on other sites

One other option to look into is contractual arbitration - if it's available in the cardholder agreement...it'll cost them $1,000 to initiate and $500/hr for arbitrator time...

But like posted above attack LVNV's standing to sue and their "evidence." I took on LVNV in 2009 - and ended up running up a legal bill of about $80k - on an alleged debt of $4k. In the end, they paid me and my lawyer.

Link to comment
Share on other sites

Your best bet is to go get some of that free legal advice from a law professor at your school. No garnishment in PA for credit card debt. However, they can grab the money out of your account after you deposit the check. Bank One seems to be one of these lenders that does a lot of college stuff. They are owned by Chase, as of 2004, whose credit card operation is in Delaware with a 3 year statute of limitations. That means that if this card was assigned to or issued by Chase as normal, this claim is dead on arrival. Ask the professor about this. Also the fact that you are dealing with a junk debt buyer makes this easier.

Link to comment
Share on other sites

I was given a certified letter Saturday the 14th . It was from LVNV Funding a civil action hearing about a credit card that was written off on October 19 2008. and they are suing for $1300 + from Credit one bank.

Sheesh the credit card people are going to CIVIL COURT, It turns out that the debt is assigned to collections of LVNV..

so OF COURSE I am contacting the COURT TUESDAY (Monday is Martin Luther King day go figure..) and declaring Not guilty.

I am in West Chester PA and even though I am a college student (and can get free legal advice from the college YEA! :lol:) I was wondering the following...

1) What is the best path to beat this Yes I want to win

2) How likely are they not to show up.. Has this happened before.

3) what ab out the fact that this is a debt that was written off by the credit card people. Can I use this>?

4) can the people at the collections not have the proper paperwork on this debt.

5) does the collection people having my debt equal heresay?

6) GOD FORBID I lose They cant garnish My wages? I heard that in pA that Garnish wages is only for "Child Payments" the GOVT.

Thanks and if you want to send me messages please go ahead.

Do you have the card member agreement?

What is the choice of law?

Is there a private contractual arbitration in it?

When did you actually make the last payment on this account

because they usually write off and account 6 months after

it becomes delinquest...

So if they wrote it off Oct 19 2008, It probably was delinquent

April 2008.

While that is too early for PA sol of 4 years if this card uses

either Delaware or Virginia for their choice of law you can

argue time barred.

If you by chance stopped payment in Nov or Dec of 2007

you might even get under PA.

PA... and you need to do some research generally accepts

foreign choice of law.

So look into it.

Link to comment
Share on other sites

Whoa, hold on a minute. Are you sure it is Credit One Bank? That is owned by LVNV's parent company the Sherman Companies. They may have all the data needed to win a suit. Bastard JDB owns a credit card company.

Credit One Bank - Wikipedia, the free encyclopedia

Credit One Bank, N.A. , or Credit One, is a U.S. based bank specializing in credit cards. It has corporate offices in Las Vegas, Nevada. The bank is held by Credit One Financial, a bank holding company registered in Nevada.[2] Credit One Financial is a wholly owned subsidiary of Sherman Financial Group, LLC.[3] As of February 2011, Credit One services approximately 2 million cardholders across the United States.

Link to comment
Share on other sites

Whoa, hold on a minute. Are you sure it is Credit One Bank? That is owned by LVNV's parent company the Sherman Companies. They may have all the data needed to win a suit. Bastard JDB owns a credit card company.

*snipped*

::spew::xjawdropxxbugeyesxxThudx They are making money on the front and back of this whole thing!! Wow.

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.