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im a bit lost and confused on this one . recently i got a message from an LVNV saying that i will be served on a certain day and all that nonsense.. i went back and checked and saw that they made an inquiry but for some reason they didnt post the account that they have me in collection for. in anycase i had panicked a bit and called and i dont work so i agreed to a settlement with them which they did email to me. they also claimed they had some statements and something with my signature and that theyd send it. but yet nothing .only thing i have now is this settlement letter signed by a frank lucas. no statements no contract with signature from the OC. nothing posted from LVNV except that inquiry that they made. i checked the county clerk website and nothing is filed . it just gets more complicated. any inputs? not sure what to do next here..

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They, like most of the other junk debt buyers, purchase large pools of charged off debt from creditors. Your alleged debt was one of hundreds or thousands that they bought all at one time. Depending on the quality of the account they probably paid 2% - 3% of the outstanding balance. Then they add interest and fees to that amount, which may or may not be legal. The odds that they have any legal supporting documentation to go with your account is extremely remote. 

 

At this point I would cease any communication with them other than a possible validation letter. Do not talk with them on the phone and do not communicate with them through email. If you send a validation letter only do it through the USPS using certified mail with a return receipt requested. 

 

A lot times if they don't collect they will sell your account to another debt buyer. Since you did contact them they may be more likely to pursue litigation.They may or may not sue you. No way of knowing at this point. If they do you have good chance of beating them. You can do research here and learn how to fight and/or talk with a consumer attorney. They are notorious for violating consumer rights under the FDCPA.

 

http://articles.baltimoresun.com/2011-09-09/business/bs-bz-debtors-settlement-lvnv-20110909_1_debt-collection-settlement-forgives

 

 

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. Doing this may also be a violation of your rights under the FDCPA. 

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well thast the thing i just been getting these calls to be at home between a certain time so i can accept some sealed documentation from an unknown number that sounds like the person that answers the phone when i called the first time around. i checked online and nothing has been filed and they havent posted nothing on my report except that inquiry that they made.

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I repeat. Do not talk to them or communicate in any way other than a validation letter, if you that is what you decide. 

 

They may or may not have filed suit. You are going to find that almost everything these people do is a bluff. Even if they do sue you they will not have the legal documents required to collect. 

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Do a google search on the phone number to see if LVNV is really the caller.  LVNV could very well be the caller.  However, it could also be a "fly-by-night" JDB using a well-known name to try to get you to pay.

 

Did the caller leave messages that you've saved?

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Dont panic and dont talk to the creditors anymore,Start getting ready to fight them.

Do as Art says Check online,Call or go down to the courthouse see if they have filed a lawsuit against you.

Relax and read a little this is a junk debt buyer,who paid next to nothing for your charged off account and wants the full amount.

When the complaint comes post it up,it may contain discovery that will need to be answered as well as the allegations in the complaint.LVNV can be beaten.Good time to start studying,It takes a few weeks to start making sense.

http://codes.lp.findlaw.com/nycode/CVP

http://law.onecle.com/new-york/civil-practice-law-rules/

http://www.thelangelfirm.com/Debt-Defense-Blog/2012/May/Judge-dismisses-American-Express-complaint-after.aspx

lots to read on this law firms website.

https://www.nycourts.gov/COURTS/nyc/civil/consumercredit.shtml

http://www.courts.state.ny.us/courts/nyc/civil/definitions.shtml

http://www.docstoc.com/docs/4224835/ANSWER-TO-COMPLAINT Example of how to answer complaint

http://www.courts.state.ny.us/courts/nyc/civil/represent.shtml

http://www.creditinfocenter.com/community/topic/315668-sued-by-midland-in-new-york/

http://scholar.google.com/scholar?q=midland%20funding&hl=en&as_sdt=4,33,349,350,351,352 Lots of case law for New York

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Sherman Acquisitions, LP Resurgent Capital Services LP


LVNV Funding, LLC
Address Principles, Owners,
Attorneys,Exec. Officers Rating
15 South Main St. Ste 600
Greenville, South Carolina, 29601

kbranigan@resurgent.com
www.lvnvfunding.com/ 
 

Phone No. 864-678-8593 864-248-8700 877-264-5884 864-248-8817 864-248-5737
Fax 864- 370-4998 864- 678-8593 864-248-8700 866-467-0957 

 

DBA/ Resurgent Capital Services, LP

Dba/ Alegis Group, LLC

Aka/ Sherman Financial Group, LLC

aka/Pinnacle Financial Group



Fka/ Sherman Acquisitions

Aka/FNBM, LLC

Aka/Ascent Card Services

Aka/Ventus Capital Services

Aka/Performance Recovery Group

Aka/Receivables Management Solutions

 

If you decide you need more help call  http://www.brentandshear.com/?page_id=82  716-831-1111 Jason has also defended consumers across New York State who were sued by debt buyers, many times getting the debt collection cases dismissed.
Jason Shear (716) 566-8988 4160 Harlem Rd Buffalo, NY 14226.
 

 

 





 

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I don't know how things work in New York but here in California LVNV''s lawyers sent me an intent to sue letter right  before they filed suit.  The lawyers I found out later ran my credit about six months before filing suit.

 

 Long story short they are just trying to scare you into paying them.  You can if you want but I wouldn't.  I fought back, like any number of poster have done on this forum, and within 4 months they filed for dismissal without prejudice.  That was 4 months ago and I haven't heard another peep from them.

 

Carol-Lynn

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a lot of holes in it im gonna do my homework and fight back. ive already sent them a validation as of today. theyre not listed anywhere on my report i just regreted talking to them ihope they dont use that against me if they do decide to sue.  and fyi these are the same ones from california .  and if they do in fact own that debt its out of SOL and it seems this debt has been passed around 5 times with another company that seems like a dead end with no contact info.. none of which ever made an attempt at collecting except for that first one.

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a lot of holes in it im gonna do my homework and fight back. ive already sent them a validation as of today. theyre not listed anywhere on my report i just regreted talking to them ihope they dont use that against me if they do decide to sue.  and fyi these are the same ones from california .  and if they do in fact own that debt its out of SOL and it seems this debt has been passed around 5 times with another company that seems like a dead end with no contact info.. none of which ever made an attempt at collecting except for that first one.

 

If SOL has already passed then they are SOL.

 

Carol-Lynn

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