served by LVNV in Illinois - Small Claims / Not Cook County

[spongefest79]

1. Who is suing you? LVNV Funding, LLC

2. For how much? $8,148.29 + Attoney fees of $350.00 + PL cost of suit and interest at the rate of $.94 p-er day from 6/19/12 until entry of Judgment

3. Who is the original creditor? SEARS

4. How do you know you are being sued? was served by private process

5. How were you served? Were you served? In person at my residence

6. What was your correspondence (if any) with the people suing you before you think you were being sued? 11/08 GC Services $6,417.56, 6/09 Global $6,872.30, 8/09 Academy $6,998.21, 2/10 FRS $7164.52, 3/10 FRS $7181.43, 6/10 FRS $7240.63, 9/10 Blatt....Atty $6895.79, 10/10 Blatt...Atty $6925.86, 4/11 FRS 6902.37, 6/12 Baker...Atty $8074.07.

7. Where do you live? Non -Cook County IL

8. When is the last time you paid on this account? 3/2008

9. What is the status of your case (if anything has been opened)? Served 10/20/12, Appearance Date of 11/12

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No - kicking self in head

11. Does your summons require a response in writing? yes

12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Summons, Complaint, Exhibit A "This is an account summary. It is not a credit card statement...", Plaintiff's Affidavit of Indebtedness and ownership of account.

13. What is the SOL on the debt? I believe 10 with written contract and 5 without...verification here would be great!

Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

We need to know what the "charges" are. Please post what they are claiming.

COMPLAINT

1. Defendant resides at ..... (correct address)

2. A credit card was issued to Def by CITI upon request, and Def agreed to pay CITI all amounts charged by use thereof.

3. Thereafter Def incurred charges by use of said card.

4. Def defaulted by failing to make the required paymts. As a consequence of said default, and as of the date hereof, Def owes CITI the sum of $6860 for principal, as shown in EX "A" attached hereto, and $1,300.14 for interest, plus continuing interest on the outstanding principal balance at teh rate of 5% annum.

5. CITI, for value, assigned its rights under said agreement to PL LVNV per Ex "B" attached hereto and made a part hereof.

6. That demand upon Def for payment has been duly made by PL but no part of said debt has been paid.

WHEREFORE, Pl demands judgment against Def in the sum of $8148.29, plus atty fees of $350.00 and PL cost of suit, together with interest at rate of .94 per day from 6/19/12 until entry of judgment.

EX "A"

This is an account summary. It is not a credit card statement from the originating creditor and has not previously been provided to consumer.

Acct No. XXXXXXXXX

Internal Account Identifier:XXXXXXX

Portfolio ID: XXXXXXX

Current Owner: LVNV

Original Creditor: Citi/Sears

Previous Owner: Citi

Summary Closing Date: 6/19/12

Acquisition Date: 3/30/09

Account Origination Date: 3/95

Last Payment Date: 5/08

Principal Owing $6860, Balance $6860

Interest Owing $0, Interest Balance $0

Atty Fee Owing $0, Atty Balance $0

Misc Cost Owing $0 Misc cost Balance $0

"This is not from the original creditor and has not been previously provided to the customer. This is an account summary. It is not a credit card statement. This summary has been generated on behalf of LVNV, account owner. This communication is crom a debt collector and information obtained willb e used for that purpose."

PLAINTIFF AFFIDAVIT ... INDEBTEDNESS AND OWNERSHIP OF ACCOUNT

I am an Authorized Rep for LVNV and hereby certify as follows:

1. I have personal knowledge regarding PL creation and maintenance of its normal business records, including computer records of its accounts receivables. This information was regularly and contemporaneiously maintained during the course of the PL business. I am authorized to execute this affidavit on behalf of PL and the information below is true and correct based on PL business records.

2. The records provided to PL have been represented to include information provided by the original creditor and/or subsequent creditor. Such information includes debtor name, SS#, Acct balance, the identity of the original creditor and acct #.

3. Based on the business records maintained on AcctXXXXXXXXXX which are a compilation of the information provided upon acquisition and information obtained since acquisition, the acct is the result of the extension of credit to XXXXXXXX by CITI on or about 3/1995, the date of origination. Said business record further indicate that the Account was then owned by CITI. CITI later sold and/or assigned Portfolio #XXXX to PL's assignor which included the Def's Account on 3/09, Date of Assignment. Thereafter all ownership rights were assigned to, transferred to and became vested in PL, including the right to collect the purchased balance owing of $6868.15 plus any additional accured interest.

4. Based on the business records maintained in regard to Acct, the above stated amount is justly and duly owed by Def to PL and that all jsut and lawful offsets, payments and credits to the acct have been allowed. Demand for payment was made more than thrity days ago.

X signed

X notarized

______________________________________________

I have been reading this site for hours and have alot rolling around my head Big Thanks to all who contribute to this site! Any help trying to decipher this complaint and affidavit as well as any appropriate responses i need to prepare or just info would be superb!!!

[howucan2]

Is it Blatt suing ?

[howucan2]

Here is a citibank retail account agreement with arbitration clause ;

http://www.cardmemberagreements.org/wp-content/uploads/2012/08/2003-Citi-Retail-Account-with-JAMS.pdf

$10K this is what is needed to get out of small claims court into arbitration if you chose to go that route (Read arbitration posts by Linda7). asserting counterclaims will bump this up to the amount required to arbitrate (read the agreement).

For asserting counterclaims read FDCPA, TCPA, IL Consumer protection laws, and learn your rights.

I dealt with LVNV on an alleged account many times higher than this alleged amount and I begged for more than a year (Okay, I harassed) but it did not want to arbitrate in JAMS.

[gwheelock915]

So , if you're not in Cook, do you have a will? are you a patrick Kane fane, Du you like MCdonalds, or do you live by the Lake?

I sure hope you have a will. I get wrecked by 80 and 355 all the time. Just like Fisk.

[spongefest79]

Blatt is the PL attorey, case heading states LVNV as the PL. Should I file a counter suit? Should I push to have this an Arbitration? My experience with Arbitration cases is not good, seems to be slanted to me. I have reviewed the Card Member Agreement for CITI, but the card was actually a Sears Card first, then CITI. So, the agreement signed would have been with Sears. I have prepared an Answer to the Complaint, pursuant to your VERY helpful links, should I state Affirmative Defenses in the Answer, or reserve them? Can I reserve them with the "can not ascertain all possible Affirmative Defenses?"

PS I put not Cook Co., because Cook County has special court rules for being a county of over 1 million population.

[gwheelock915]

do not file an answer unless the summons says otherwise. you appearing on the return date serves as a general denial. keep everything else out for now. just show up and ask for a trial 90 days out.

[spongefest79]

Thanks gwheel...I will have it ready to go, but will not file it yet. Does anyone have any ideas or opinions about thier "Affidavit"? It seems to say so much....yet so little. This can not be legit and legal...input?

[BrunoTheJDBkiller]

It's legal, but it's also worthless. The affiant is an interested witness, he works for the Plaintiff. I doubt he'd refuse to sign one of these if he wants his job. He never worked for Citi, so his claim that their records are accurate is speculation and unfounded hearsay. You want to send them production of documents, ask for the bill of sale / guarantee, you know, that nice little document that Citi gave them in which they refuse to guarantee the accuracy of any of the information or accounts. If Citi won't even swear to their own records, how can this guy do it?

[spongefest79]

Thanks for your reply Bruno. Just to clarify I show up on 1st court date, obviously, and ask for a 90 day trial date. I do not file an answer prior to 1st date, but be prepared to file answer shortly after 1st date.

Should I ask for leave to file discovery on 1st date?

Do I file Affirmative Defenses with Answer or can I reserve them?

Should I file a counter suit?

Do I file a Motion to Strike Affidavit with the Answer?

If I fail to Motion to Strike Affidavit am I accepting this as fact?

[howucan2]

Make sure to check your county's court site to file an appearance , there is a fee associated with this.

I believe after the first court appearance you can get a feel for how to proceed.

There was another poster a few days ago going against Midland with Blatt as representative who got case dismissed b/c he/she challenged that JDB had no standing to sue in court.

If anything challenge the assignment per ICAA (IL collection agency act).

[BrunoTheJDBkiller]

Do I file Affirmative Defenses with Answer or can I reserve them?

No defenses. No need to reserve the right, the rules of procedure specify this.

Should I file a counter suit?

You tell me. HAH! Gotcha. What's the basis for a countersuit?

Do I file a Motion to Strike Affidavit with the Answer?[/b

Short answer NO. Long answer NO. Right now this is unnecessary and bad strategy. This is like sending a telegram to the enemy in combat and complaining that he woke up your men when he fired on 224.99 when the men are sleeping at 225.67. What do you think the enemey will do next?

]If I fail to Motion to Strike Affidavit am I accepting this as fact?

No. It's their junk affidavit to prove is trustworthy, not yours.

[gwheelock915]

I wish you would express the county that you are in, other than not being in cook.

howucan is right all the courts have different rules regarding appearance fees and motion practice.

With regard to filing--the only thing you should file is a motion to dismiss. Thats it nothing more.

You will have to attach a motion for leave if you want to file anything other than a 2-619 or 2-1003 motion.

When I go to court, in practice, I ask the judge on the return date to grant me leave to allow me to file whatever I want without asking for leave each time. Its easier and the judge gets an idea that you may be intelligent.

Read IL Supreme court rules 281-289, as I believe they are pertinent to small claims actions. Also find out if your county has local rules, and lastly, if your assigned judge has standing rules. There is a sc judge in lake that has some nasty rules for jdbs, based on shah and velocity.

[howucan2]

What gwheelock said is true, upon appearing ask the judge to allow filings with out leave of court, then bombard the <CENSORED> with motions.

I Once ran a plaintiff's bill up to five figures, just filing motions, but not frivolous ones only "Well thought" and strategic ones

Here is a good read :

http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html

[spongefest79]

Appeared in Court today (2nd appearance) 1st time was just a return of the Summons.  Appeared personally, pro-se, and denied liability.  Case was rescheduled for trial...

 

Today was my trial court date.  I got cold feet and hiried an attorney.  Thier lawyer was there and cornering every defendant and getting them to "settle".  She attempted with me, even knowing I had counsel.  She even tried to bully my lawyer into telling her why I disputed it.  My attorney asked for leave of the court to file a motion to dismiss pursuant to 735 ILCS 5/2-615, which was granted. 

 

Keep you all posted with the filing and result of the Motion to Dismiss.  Wish us luck!  =)

[howucan2]

your attorney didn't step in to inform counsel that you are represented ? 

 

let us know how it goes, most likely it'll get dismissed.

[gwheelock915]

what county? please tell!

[spongefest79]

OK, just went to Court this morning for the Scumbags, oops, LVNV....and......VICTORY!!!!!!!

 

My attorney had in hand, a Motion to Strike their Affidavit.  He didn't even get a chance to file it because PL attorney approached my attorney and stated that:

 

"You requested verification and paperwork from LVNV, and well, I asked for it from them and they don't have any."    My mouth almost hit the floor!  I am thinking...Excuse me?  You don't have ANY? WTF are you doing here then?

 

My attorney laughed at her and said, "ya know, that's a really great way to get a class action suit filed against you for filing cases you know damn well you cant win"    Then PL attorney replied, "We will be voluntarily dismissing this case." and walked away. 

 

SCORE:  Little Man: 1           ScumBags 0   !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

FIGHT FIGHT FIGHT THEM!!!!  I WOULD LOVE TO THANK GWHEEL AND BRUNO and HOW YOU CAN for all your help in this, answering all my questions and being so patient with my uneasiness!!!!!! 

 

I will be sticking around to offer insight for others!!!! You guys all rock!!!! 

[spongefest79]

PS GWheel, it was Boone County.  I was hesitant to put it out there while my case was still pending. 

[Spikey]

Glad you won. Hopefully your attorney chases them for costs. That'll keep them from trying to come back again.

[gwheelock915]

Though I would say I had hardly anything to do with your victory, I'll take the free publicity.

 

Congrats on the victory. It is jawdropping at first to know that they have no evidence proving or even suggesting liability other than a worhtless boilerplate affidavit. After you pick your jaw up off the floor then you just get mad.

 

Ah yes, Boone County, drove through there a few times on I-90. I heard Belvidere is a lovely place.