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LVNV represented by Weltman, Weinberg & Reis What To Do Next


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I live in Michigan, on 26 January 2013, I received a letter from W.W. & R sating they were representing LVNV, who was a current creditor. The original creditor, was General Electric Capital. They included an account number. I did not recognize General Electric Capital. The balance was for approximately $450. The first account from LVNV was $750., but that changed after my first letter, but was not stated as a settlement.  Prior to this, I had sent validation letters to the other companies, who I assume were sister companies to LVNV, for the same OC.

I sent a letter to W.W. & R requesting validation, it was sent certified, with signed return receipt. That was mailed 19 Feb., 2013, and received 21 Feb., 2013. I have received a reply from W.W. & R. this week (regular mail, not certified no signature). They sent me a couple of pages, with statements.

The two statements were from pay pal with my name and address, account number. The first statement was dated January 2008. Has balance and payments, several credit refunds, and new charges. It doesn't say what the charges were for, or what the payments were, such as check or money orders, or credit card.

The second statement is dated 1 August 2008, which has a previous balance of $361., payments and credits, $390., and other debts $29. Than it has transactions dated 1 August 2008, charge off principal $161. and charged off finance charges, $223. and late fee $29. dated 31 July 2008. There are no other statements. I am not totally sure of this debt and was wondering how I can find more info on it, such as writing pay pal for more info, or how to challenge it further? I am pretty ignorant on the law, and have gotten a big headache from reading some of the legal information.

I know the statue of limitations on a debt in Michigan is 6 years, so I have almost a year for that to run out. I do not work, I am on social security as my only income, and widowed,  I live in a 20 year old trailer, and my car is over 10 years old.

I hope this information is clear and makes sense. Any information would be greatly appreciated. Am on a limited income, so any help is welcomed. Thank you.

 

 

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Actually, you are in a good position.  The account is with a JDB, and is for a small amount.  They may not even sue you for this.  But then again, they might.

 

What you need to be is super-aggressive with both LVNV and WWR.  I would send then another certified letter, stating that what they sent is not adequate validation, you do not recognize this debt, and the account remains in dispute.

 

Don't bother trying to contact Paypal or the OC.

 

You may also want to contact a consumer attorney.  If they are giving you different amounts for this alleged debt, are they misrepresenting the amount?  FDCPA violation, for which you can sue them and get $1000.

 

 

And, have you checked your credit reports?   In particular, what does your TransUnion report show for employment?  Your last job, perhaps?  If so, the creditors think you are still working, meaning, there are wages to garnish.  This makes you an attractive target for them.   If you are unemployed, retired, disabled, and/or on Social Security,  I would recommend writing to TU and informing them of these facts.   I did, and it seems to help deter the creditors.

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nobk4me

 

I got my Transunion report, and they don't have any employer listed, there is nothing for employment, nor does it say anything about social security.

 

LVNV did report higher amounts owed, and than lowered the amounts. It shows on the CR. The dates 1/2011 to 4/2012 they had the high amounts and than dropped it to what they say I owe now. I never sent them any money, only validation  letter.

 

The GECRB/pay pal account shows last payment 12/2007 and date closed as 4/2008. That is different than part of the statement that W.W. & R. sent me. (Only sent me two statements, and the last statement says closed 8/2008) So very confused on what is correct.

 

It has LVNV, as a factoring company, (I assume that means they are the creditor now), showing date opened as 8/26/2008, but do not show amount owed till 3/2011. Pretty sure since the pay pal statement says it was sold, LVNV bought it.

 

I have not really heard anything from LVNV since I sent them the validation letter, all correspondence has been with W.W. & R. The letter from W.W. & R. said they were trying to collect a debt for LVNV. So should I send another letter to LVNV along with W.W. & R.?

 

Can't think of anything else, to explain.

Thanks again for the info and help

 

 

 

 

 

 

 

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Last payment 12/2008, sol runs until 01/2014. The fact that they waited this long before validating the debt may mean they plan to file suit. If they do it after 1/2014 you can counter claim for suing on a time barred debt.

LVNV makes it a habit of filing small accounts, so don't be surprised. Get a head start by reading bmc100 s post on being sued in mi. And start reading your rules of civil procedure so you will have understanding if and when time comes.

If they file on you, come back and post the complaint.

I would lay low, avoid service, and check the online court docket frequently to see if they have filed on you.

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OP, I would send another letter, as I described above. 

 

It sounds like you are judgment-proof.  They can't touch your Social Security benefits.  Which is why I would recommend you contact the credit bureaus and let them know you are retired and on Social Security.

 

As for other assets, learn your state's exemptions from a judgment, and be prepared to claim them IF they sue you and get a judgment.

 

They shouldn't be able to get a judgment.  You should be able to run their legal bills on a debt this small to make it unprofitable for them.

 

Also, look into the arbitration strategy.

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I have a copy of my credit report from Experian and Transunion both are about a week old now.
Both are about the same.  The Transunion shows the account with LVNV, being in dispute since 12/2012, and as 8/2013 still in dispute. I noticed that the dispute timeline is also when LVNV lowered the amount that I owed. (  Experian does not have the dispute, but shows the amount owed changed in the same time period. )
On the credit reports it shows the account as closed 4/2008, than says sold to another lender, >unpaid balance charged off<.
On the Transunion shows goes to collection 8/2008.
 This is on the credit report:   

     Pay Status:   >charged off<
     Date Closed:  04/04/2008
     Date Paid:      12/19/2007
     >Maximum Delinquency of 120 days 05/2008 and in 07/31/2008 for $69.00<  I do not know what the $69. means, is that when LVNV bought it and what they paid for it? I did not send them any money. Just curious on that info on credit report. 

 

 W. W. & R. has not mentioned suing me, only that they are a debt collector attempting to collect a debt.

The two statements they sent in their letter for verification of the debt, are 8 months apart. To be honest I do not remember seeing them before W. W. & R. sent them to me.

 

I did look into what nobk4me mentioned, and I guess that it looks like a $1000. is exempt from garnishment. If that includes personal property I have more than that. Also said about sending another letter to LVNV & W. W. & R, not sure what I should state in it. That I need more verification or what? What more can they send me? Do I ask them for proof that LVNV has the right to collect on this alleged debt and that what they are charging me are reasonable cost of this alleged debt?

 

Also nobk4me. on the letter I sent to W. W. & R. on 19 Feb. 2013, I did mention arbitration, but there's been no mention of that from W. W. & R. Should I bring that up again?

 

shellieh98, when checking the court docket, that would be here where I live? Not quite sure how to do that, but it appears I may have to do it on a daily basis. Have to check into it a little more and figure out what court it would be in? Since the debt is less than $500. would that be small claims?

 

Sorry I am so new and ignorant on all this. I am fairly new at this. I know I checked this out when I first sent a letter to W. W. & R. and than forgot about it. I know I should of been preparing along, but it got set aside with other things going on.

 

I hope I haven't confused you all any more with what I have added, just trying to make sure I have as much info out there for he help.

 

Thanks again for all the responses and suggestion.

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I would send WWR another certified letter, stating this:

 

that  what they sent is not adequate validation, you do not recognize this debt, and the account remains in dispute.  And your election of private, contractual arbitration stands.

 

This is a link to a site which has Michigan's bankruptcy exemptions:

 

http://www.legalconsumer.com/bankruptcy/bankruptcy-law.php?ST=MI

 

 

which usually apply to exemptions from a judgment, too.

 

Please check your PM.  I sent info on a consumer law firm.

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