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Sued and Motion for summary of judgement immediately slapped on me


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You should really read the findings of the Maryland Office of the Commissioner of Financial Regulation in case number DFR-FY2012-012. It is about 40 pages but it goes into detail on how exactly LVNV Funding LLC (and other Sherman owned companies) do business. I have read it several times. The most interesting stuff starts about half way through the case document. You can read or download the case document in PDF format from the State Of Maryland web site. I am new here so they will not allow me to post any links yet but just go to Google and search on "Maryland DFR-FY2012-012" or "LVNV DFR-FY2012-012" and you will find it.

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So is an oppositoin for summary of judgment considered an answer?

Technically it is an objection. The term "answer" generally applies to the response you make to the complaint or a counterclaim. Motions are requests to the court to do something specific which is within the court's power. The party filing the motion is the "movant" or "moving party." The person against whom it is filed is the non-movant etc. If you do not object to a motion, it will be automatically granted by the court "absent objection."

Whenever you make an amendment or a request, you are supposed to cite your authority. That's the specific rule of procedure that allows you to do what you are doing. In this case you would cite the rule that allows you to amend a pleading within 20 days.

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  • 2 months later...
Guest WOLF28

LVNV Funding LLC is not now nor have they ever been licensed in the state of Wyoming to collect on debts.

Further more they do not meet the requirements to apply for a license in Wyoming pursuant to statute 33-11-105 (B) and possibly (A) © and (D) as well. Due to the fact that LVNV FUNDING LLC's license in the State of Maryland has been suspended as of October 2011 they do not meet the requirements to apply for application or renewal of licensing in Wyoming. This may also apply to Resurgent and Midland as well they were named on the documents suspending the license in Maryland. This fact makes it illegal for LVNV Funding to collect any debt in Wyoming.

search for "Maryland LVNV" to see the press release put out by the Maryland board of licensing.

I was also able to get a copy of the interim order against LVNV that was issued against them in Maryland as proof that they are not capable of obtaining a Wyoming license to collect. You to can request one from Mr. Jackson his email is posted on the Maryland licensing board website

If you live in Wyoming and have been or are currently being sued by these companies I would like to encourage you all to file a consumer complaint with the Wyoming licensing board. To obtain the form you can call (307) 777-7797 and request they send you one.

Also regarding robo-signed affidavits LVNV loves to use as there only evidence here is the BEST!!!! case to cite when arguing that an affidavit is not enough evidence for a Summary Judgement to be awarded to the Plaintiffs.

LVNV FUNDING, LLC as Assignee of Sears Goldmastercard v. Kevin Mastaw; Appeal from the Circuit Court of Davidson County No. 10C-2671 Joe P. Binkley, Jr., Judge No. M2011-00990-COA-R3-CV - April 30, 2012 “They do not incorporate by reference or otherwise summarize or interpret documents that are prepared in the normal course of regularly conducted business activity.”

To view the full delivered opinion to the court by Judge Holly Kirby specifically on the matter of LVNV's affidavits who are the Plaintiffs in the case. search "tennessee courts LVNV"

Judge Kirby very thoroughly goes over the issue of affidavits being not sufficient evidence to render a summary judgement in favor of the Plaintiffs.

PS: Dear site admins,

You are a pack of dumb asses!! I really have to make 20 post to give people the links and email address that will help them with there debt cases. This would have been a much better and easier post to make if I was allowed to use the proper tools you tools.

Sincerely

Wolf28

Edited by WOLF28
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In reply to you last paragraph, please note that we are grateful for your insight into a situation that does affect multiple members.assumin its correct.

However, over the years we have become leery of people who suddenly show up, make a post touting what seems like a reasonable solution to a problem and then include reference to a site that turns out to be a solicitation for a debt fixer, a virus carrier, or a porn site.

When you have earned our trust, you will be granted full previledges.

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