Help!!! Being Sued by LVNV Funding

[TECHBASE2000]

NJ Lawyer Representing Superior Court of New Jersey

LVNV Funding LLC Special Civil Part

Civil Action

VS. Complaint

Defendant

Plaintiff, LVNV Funding LLC, Whose offices are situated at 15 South main Street Greenville, SC, complaining of Defendants, , says:

1. Plaintiff's predecessor in interest sold and assigned all right, title and interest in the defendant's HSBC Bank Nevada national Association Best Buy account to the Plaintiff.

2 Defendants, is indebted to Plaintiff, arising out of purchases of good and/or services and/or cash advances made on a HSBC Bank Nevada national Association Best Buy account.

3. There is now due and owing to the Plaintiff from Defendant the sum of $1,468.68, including all charges together with interest, service charges, costs and attorney fees which the defendant agreed to pay in accordance with the terms and conditions of his/her HSBC Bank Nevada national Association Best Buy agreement.

4. Demand for payment has been made, but has gone without heed.

Wherefore, Plaintiff, LVNV Funding LLC, demands judgment against Defendant, in the amount of $1,468.68 together with interest, attorneys fees and costs of suit.

I certify that the matter in controversy is not the subject of any other action or arbitration proceeding, now or contemplated, and that no other parties should be joined in the action. R. 4:5-1.

I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(

_________________________________________________________

I was contacted by LVNV several months ago. I informed them that I had a debt with Best Buy but the bill was paid off 2 years ago and that there shouldn't be anything owed. That bill is now only 3 years ago. They were extremely rude on the phone and would not listen to anything except my credit card number which I refused to give them. I received this summons in the mailbox and have no idea what to do. Never took Lawyer as language in HS.

Any assistance would be appreciated.

Thanks.

[1stStep]

So you've got a little bit of work to do:

1. Get your records together regarding this account...if you assert that the account has been paid, you want to prove it.

2. Answer the complaint. You have a 20-30 day window to file the answer with the court. Deny as appropriate...the best affirmative defense is lack of standing.

3. Try to get a copy of the cardholder agreement - see if it has a contractual arbitration clause in it...if it does, this is the perfect account to take into arbitration...it'll cost LVNV 3 times the amount you are suing for to initiate.

****

I've been sued by LVNV and sued them in Federal...it took about 14 months, but I won my case and had them pay me...they are very beatable.

[TECHBASE2000]

How should I answer the complaint. DENY is enough? I have moved twice since I lived at the address they mailed the summons to. I still know the people that live there and they forwarded it to me. They said they just received another one certified but no one signed for it. Most of my paperwork is gone from that since I thought it was done and irrelevant. Since I got the summons I have requested from my bank account the past statements and check images.

[1stStep]

So your answers for 2,3,4 are DENY. No need to explain.

Your prayer for relief is the opposite of theirs:

1. Plaintiffs take nothing by way of this suit,

2. All Defendants costs and fees.

3. Any other relief the Court deem just and appropriate.

[TECHBASE2000]

That seems a bit too simple. Really? No Lawyer jargon back at them. Boy, I'm not even afraid of myself. lol. I would really prefer not to wind up in court for nothing. Thankfully it's a new year and I have days off to take, but this is such a waste! Should I try to contact their Lawyer?

Should I fill out an answer form with a check and send it to the court certified receipt or do I have to deliver in person?

[legaleagle]

There is a form you are supposed to use to respond to a complaint in NJ, I posted it numerous times, do a search. I would file a motion against these guys for a more definite statement. They have alleged absolutely NO cause of action. Stating a bunch of supposed facts that support a cause of action and then not naming it doesn't work in my humble opinion. What is the cause of action? Breach of contract? Account stated? Murder? This thing is so generic I can't believe it. The theories of credit card litigation are different and require different approaches. How are you supposed to defend?

If you can absolutely prove this debt was paid in full, you may have a counterclaim for frivolous litigation or the FDCPA, trying to collect on a debt when no debt exists. Throw in abject stupidity and threaten the lawyer with a bar association complaint. If you really have this evidence, we can have a LOT of fun with this and make you some money.

[TECHBASE2000]

Thank you 1stStep and LegalEagle. I have found that form and have just finished filling it out with simply "DENY" Statements to each of his 4 Statements. I live and work out of NYC now. Truthfully I don't have time for this stuff nor am I in the mood to play. This court is 1.5 hours away from me. Fortunately these companies have people like me at a disadvantage because I know nothing about law nor what they are talking about. I don't want any money nor do I want to pay any money. Just want to work, see the Giants win the superbowl and have a beer. I have ordered my statements with check images and will review the facts. If it turns out I somehow owe them money I have no problem with paying. I just don't want any credit problems, which I now see that I do (via online credit site).

[BV80]

Thank you 1stStep and LegalEagle. I have found that form and have just finished filling it out with simply "DENY" Statements to each of his 4 Statements. I live and work out of NYC now. Truthfully I don't have time for this stuff nor am I in the mood to play. This court is 1.5 hours away from me. Fortunately these companies have people like me at a disadvantage because I know nothing about law nor what they are talking about. I don't want any money nor do I want to pay any money. Just want to work, see the Giants win the superbowl and have a beer. I have ordered my statements with check images and will review the facts. If it turns out I somehow owe them money I have no problem with paying. I just don't want any credit problems, which I now see that I do (via online credit site).

If you don't have copies of your Best Buy statements, even though they sold the account, it's possible Best Buy might still have some information regarding your account. It wouldn't hurt to give Best Buy a call, and see if they tell you anything. They may be able to tell you if there was an unpaid balance.

[TECHBASE2000]

Thank you BV80. Good Idea...I thought of that. I will give that a try.

[1stStep]

I. Throw in abject stupidity and threaten the lawyer with a bar association complaint. If you really have this evidence, we can have a LOT of fun with this and make you some money.

Not just that, I'd include the lawyer in my FDCPA lawsuit too! That's what I did with LVNV...

[legaleagle]

Most cases are resolved without court appearances. The paperwork usually does it. Some things require an appearance, but not that many. Also, look into a change of venue since you do not live where they filed suit. This is another FDCPA violation. They should know where to bring suit.

[Coltfan1972]

No Lawyer jargon back at them.

Not saying you do or don't know the legal jargon and/or how to use it. However, you can do more harm by spouting off a bunch of jargon that is either irrelevant, not necessary, or shows you have no idea what you're talking about.

For example, look at how many times people use a bunch of fancy sounding affirmative defenses, only to come back a few months later and ask what they really argued because now they have to explain them to the court or the other side.

Fancy legal jargon has its place. However, if you can say admit or deny then leave it at that. Every word you type is just something else that can be used against you or twisted into something you don't really mean.

If you deny something I'm alleging, then you've just done me a huge favor if you explain your denial. Why, because then I have something to work with. I have something I can try to counter.

I used to love !! talking to collectors (have no idea why they don't call anymore ) and saying I dispute that allegation. It would drive them crazy when I would not say more. They would say we have A,B,C here that shows this or that. I would respond, feel free to send me what you just referenced and after I review the materials I'll notify you if my position has changed.

I gave them nothing to work with. You need to do the same. It's by far the biggest mistake, in my opinion, that I see, saying too much and putting it in writing and then watching it come back to bite you in court five months later.

Yes, No, Admit, Deny, and I don't recall should fill your legal filings. And never put in writing something you have no idea what it means. I'm amazed at the number of times I see posts that say, I don't even know what I wrote means but I read on the internet to throw it in.

That's just begging for a-