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Default Judgment for LVNV Funding Vacated!


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Hi all,

Just wanted to share. Back in October of 2012 I recieved a 1st ammended summons from LVNV Funding regarding a debt they had purchased from HSBC. I received the summons the second week of October but the filing date on the summons was Aug. 1, 2012. The original summons was dated June 8, 2012. The problem was that it was beyond the 30 day window to respond to the summons.

 

LVNV Funding recieved a default judgment in the case. It seemed my only option was to file a motion to vacate the judgment and I had good reason to do so. I moved in May of 2012 and did not recieve the summons until the 1st ammended summons showed up at my previous residence in October.

 

The person described in the declaraion from the substitute service never lived at my previous address. Also, I never recieved anything at my new address. Fortunately, I was able to obtain a statement from the post office for the change of address I submitted in May.

 

I filed a motion to vacacte based on CCCP 473.5 with a court date this morning. The other party was a no show and the judge granted the motion to vacate.

 

I now need to file a response to the 1st ammended summons within 30 days.

 

Thanks to all who have provided advice and guidence.

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  • 2 weeks later...

File a General Denial. That should sufficiently cover you.

 

After filing and serving the general denial, send a BOP over to LVNV... that will stump them good.

 

 

 

BTW- is the law firm handling it Nelson and Kennard?

How should a general denial be worded? Also, what is a BOP?

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  • 2 weeks later...

Hi all,

An update regarding my case against LVNV Funding and the Brachfeld Law Group. After having the default judgment vacated on March 12, I sent a copy of the order to Brachfeld with a second request for validation of debt along with this letter:

 

Enclosed is a copy of the Order of Court vacating the default judgment in civil case CIVxxxxxx. The default judgment was vacated on March 12, 2012 unopposed. An answer to the 1st amended summons will be filed on or before April 12, 2013 at the Superior Court of California, San Bernardino District Civil Division, 303 W. Third St. San Bernardino, CA 92415-0210 as the case is being moved from Victorville to San Bernardino. A CMC is scheduled for June 11, 2013 at 8:30 A.M. S32.

           

   Also enclosed is the second request for debt validation as there was no response to the first request delivered to your office on October 17, 2012 by USPS certified receipt # xxx 0470 0000 5036 xxxx. A copy of proof of delivery is also enclosed.

                

Furthermore, in light of the fact that the previously mentioned debt validation letter sent to your office also included a request that your firm only contact me by mail, I am prepared to file suit based upon your firms violation of the FDCPA. I have received and documented at least four phone calls of which occurred after October 17, 2012. If needed, I will seek damages based upon violation of the FDCPA, court costs, time off work and attorney fees. Your careful consideration in this matter is appreciated.

 

 

Well, I seem to have gotten their attention. Today I received a letter from Brachfeld basically stating they are willing to dismiss with prejudice for a mutual release of claims. I guess this means they have nothing.

 

Sweet!

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Hi all,

An update regarding my case against LVNV Funding and the Brachfeld Law Group. After having the default judgment vacated on March 12, I sent a copy of the order to Brachfeld with a second request for validation of debt along with this letter:

 

Enclosed is a copy of the Order of Court vacating the default judgment in civil case CIVxxxxxx. The default judgment was vacated on March 12, 2012 unopposed. An answer to the 1st amended summons will be filed on or before April 12, 2013 at the Superior Court of California, San Bernardino District Civil Division, 303 W. Third St. San Bernardino, CA 92415-0210 as the case is being moved from Victorville to San Bernardino. A CMC is scheduled for June 11, 2013 at 8:30 A.M. S32.

           

   Also enclosed is the second request for debt validation as there was no response to the first request delivered to your office on October 17, 2012 by USPS certified receipt # xxx 0470 0000 5036 xxxx. A copy of proof of delivery is also enclosed.

                

Furthermore, in light of the fact that the previously mentioned debt validation letter sent to your office also included a request that your firm only contact me by mail, I am prepared to file suit based upon your firms violation of the FDCPA. I have received and documented at least four phone calls of which occurred after October 17, 2012. If needed, I will seek damages based upon violation of the FDCPA, court costs, time off work and attorney fees. Your careful consideration in this matter is appreciated.

 

 

Well, I seem to have gotten their attention. Today I received a letter from Brachfeld basically stating they are willing to dismiss with prejudice for a mutual release of claims. I guess this means they have nothing.

 

Sweet!

 

Ran them off quick. Great job!!

 

:MoreBeer:

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Well, I seem to have gotten their attention. Today I received a letter from Brachfeld basically stating they are willing to dismiss with prejudice for a mutual release of claims. I guess this means they have nothing.

 

Sweet!

 

Way to go! I hope this offers encouragement to those in similar situations. If you are willing to put in the hard work things like this can happen. Its even better because LVNV and their other 50 companies really suck. Fighting them, like a lot of the others, is just about calling their bluff. You took it to the next level with getting a default judgement vacated!

 

Congrats!  ::USA::

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Thanks Art,

It truly has been a learning experience. When I began this process I really had no idea how to go about it. Reading through this forum and the web site has opened my eyes. Anyone can do this, they just need to put in the work.

Thanks to everyone for your contributions to this forum!

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