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I am being sued by LVNV in small claims court in Rhode Island. Help!


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I received a summoms to appear in small claims court (I live in Rhode Island)

the Plantiff is LVNV (they did not list an address) the law firm listed is local. I was going to contact the lawfirm to inquire about where the debt originated.

I know that I have to answer the court. I was wondering if it is sufficient for me to have my answer on the summons be:

I disagree with the plantiff because: i do not have sufficient information about the debt. I am requesting validation of the debt.

 

I was going to send a copy of the answer along with a letter to both the lawfirm and LVNV requesting validation of the debt.

 

Does that sound like a good plan? It says on the summons that I will have to go to court on April 30th. what will happen???

 

Any advice is much appreciated.

 

Plantiff names in the Suite: LVNV

Name of the law firm: Hodosh, Lyon, and Hammer, LTD, 1023 Post Rd, Warwick, RI 02888

Being sued for: $1177.72

original creditor: unknown

served the summoms: i was served the summons in-person by a constable

Was the service legal by your state?  not sure, it appears to be, i will look into this

What was the correspondence from the people suing you prior?: none

What state and coutny do you live in? Rhode Island, Kent County

What was the last time you paid this acount? i have no idea what the account is.

What is the statute of limitations on the debt? 10 years in RI

What is the status of the case? i have tired searching online and cant find anything

Have you disputed the credit bureaus? no

did you request debt validation? no-- i was planning on doing that.

I have until April 16th to send an answer and then it says i have to appear in court on April 30th.

What evidence did they send with the summons? none---just the summons with the amount of debt and that it is LVNV sueing me.

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Are you saying the complaint does not identify the original creditor? 

 

Don't waste your time requesting validation. A summons & complaint do not constitute initial communication within the meaning of 1692g. Instead, concentrate on responding to the lawsuit.

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Should be easy for you to DENY all of their allegations, in your answer...

You have not had an account with LVNV.

Seems how they did not provide an original creditor.

Use ADMIT or Deny and briefly answer why.

 

I would recommend just answering the complaint, (don't include a letter)

Make 3 copies of your answer.  (one for the court, one for Plaintiff's attorney, one for yourself)

Also, make sure you make a PROOF of Service. 3 copies (which proves/swears you sent a copy of your answer to the Plaintiff's attorney).Include proof of service with your answer as well.

File your answer with the court...before April 16.  .and you need to send a copy to the Plaintiff's attorney as well.

And of course... keep one for yourself.

When you file your answer, make sure the clerk stamp dates those copies.

Then send the Plaintiff's copy to them,...the same day.

 

On April 30 you will appear at the court. Make sure you attend or you will loose by default !

And usually they just set up discovery time, etc.
 

I would think you would also be able to file a motion to dismiss on the grounds that the Plaintiff did not provide any evidence at all that an account even exists. 

You will have to do some research on that.

I'm sure someone from your state here in these forums with guide you through the process.

 

Focus on getting your answer around and done, as if you don't answer within the time frame...You will loose by default.

 

You can call or ask your court for an answer form.

 

These JDB count on the fact of winning by default.

 

Good luck with your case.  :-)

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The only thing I recevied was a summons---the plantiff being LVNV...that is it, nothing else and this is the first time i have heard from them...

Make sure you do your answer.

Answer each of the Plaintiff's allegations.

 

Also, educate yourself on court procedure

Rules of Evidence for your state...

You can google this information for your state.

 

In Michigan,...if a complaint is brought by an attorney...it goes to a higher court, even though it is a "small claims" complaint.

In MI, you have to follow specific procedures when filing and presenting evidence.

 

*I am being sued by LVNV, as well.. I just beat them on the MSJ (motion for summary judgement)!  If I can do it so can YOU !  :) 

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As Bruno said they have yet to post the rules and forms for small claims court. I also didn't have much luck finding anything online for Kent County Court. 

 

My best advice would be to visit the court clerk's office and ask. They can't give you legal advice, but they should tell you what is required. These are the people you will be seeing later on so be nice and just tell them you are in need of assistance. Sometimes they even have blank forms available.

 

Since we don't know the rules you may need to answer line by line or it could be as simple as filing a notarized sworn denial. Find this information and come back and we will help you. Hopefully someone that lives in or is at least familiar with RI is here.

 

As NASCAR stated a DV is pointless now. That is something you do before you are sued. 

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I know-- i am having trouble finding information about procedure. I am going to file my answer and cross my fingers that they either dont show up or dont have sufficient information.

it is so frustrating not knowing who originally held the debt.

Sarah

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Don't plan on a no show, that's their game, that's how they win 95% of the time. You can file the answer up to and including the day of trial, but I would do it sooner. Just be ready to point out all the deficiencies in their complaint. Don't mention any of them in the answer, you don't want them to be able to prepare for this. Just file a general denial.

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LVNV is just one part of a larger company (Sherman) that operates under different names.

 

This is who you are dealing with. You may have also received letters from any of the following that are related to this one.

 

 

 

Sherman Acquisition Limited Partnership

 

Sherman Acquisition II Limited Partnership

 

Sherman Acquisition L.L.C. -

 

Limestone Asset Management LLC

 

Granite Asset Management LLC

 

Resurgent Capital Services L.P.

 

Resurgent Capital Services PR LLC

 

LVNV Funding, LLC

 

Ascent Card Services, LLC

 

Ascent Card Services II LLC

 

Anson Street LLC

 

Ashley Funding Services LLC

 

SFG REO, LL

 

Credit One Bank

 

And I probably left out a few! They are notorious for confusing people by sending letters from different companies concerning the same account. 

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I know-- i am having trouble finding information about procedure. I am going to file my answer and cross my fingers that they either dont show up or dont have sufficient information.

it is so frustrating not knowing who originally held the debt.

Sarah

 

They will show up. They may not have anything when they get there, but they will show. 

 

I'm going to be completely honest with you and tell you not to think this way. Don't hope something will happen. You have to make it happen.If you have to go the courthouse to find your next step that is what you have to do. You want to get educated on the rules of your court and be ready to fight them. Sure they are usually bluffing, but if you don't use proper procedure they will win. They plan on this. If you do things correctly you have a great chance of beating them. 

 

It is overwhelming when you first get sued. The stress will get to you and that is what they are planning on. If you put in the work others here will assist you. You will not learn all of this in a day or even a week. It will take some time, but when its over it can be very rewarding. 

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You can also talk with a consumer attorney. Not just any attorney but one who specializes in these type of cases. One who specializes in FDCPA Cases will be the best. Many of these attorneys do not charge for your first visit. Even if you don't hire them they can point you in the right direction.

 

You might find one here. 

 

http://www.naca.net/

 

 

Check out this website also. 

 

http://www.rils.org/consumer.htm

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The procedure in any New England small claims venue is pretty much the same. You show up on the scheduled day and bring your evidence. You make your argument, they make theirs, and the "judge" takes a few minutes for a recess and renders his decision. Sometimes he doesn't bother with a recess. The good part is that if you lose, you can appeal the case to Superior Court. Read the rules of evidence, that should help.

 

 

http://webserver.rilin.state.ri.us/Statutes/title9/9-19/9-19-39.HTM

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  • 3 weeks later...

Sarah, I hope you answered your lawsuit. If you don't by tuesday, a default judgement WILL be entered, and they can then garnish your wages to collect it.  Submit your answers as deny to the court, then if you post everything that happens along the way, these guys here will walk you through the process.  Don't let them take your money without even knowing what it is for, chances are you can get it dismissed, you just have to be willing to put in a litte time.

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Sarah, I hope you answered your lawsuit. If you don't by tuesday, a default judgement WILL be entered, and they can then garnish your wages to collect it.  Submit your answers as deny to the court, then if you post everything that happens along the way, these guys here will walk you through the process.  Don't let them take your money without even knowing what it is for, chances are you can get it dismissed, you just have to be willing to put in a litte time.

 

 

No answer is required in RI small claims.

 

It says on the summons that I will have to go to court on April 30th.

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Okay, my mistake. Thought you could just show up.There is something else they were supposed to do, did they do it?

 

Before you file a small claims complaint with the court you are required to send a demand letter to the defendant. The defendant is the person you believe owes you money. A demand letter simply spells out that the defendant owes you money and you are requesting they pay the outstanding debt to you within 30 days. You can also fulfill the demand requirement by requesting via phone, email, or in person. By fulfilling this requirement in writing you are also able to show this request was made when compiling your evidence for court.

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