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LVNV Funding Lawsuit Help


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I recently received a summons from LVNV funding. I was checking around the web, and saw that this link: http://www.howtowinacreditcardlawsuit.net/how-i-answered-lvnv-funding-credit-card-summons/ had some really good information on how to beat LVNV Funding.
 
Just wanted to pass this along. Will let you know how my fight goes.
 
Does any one else have any other places to find good information to help out? The more information you can send the better!
 
Thanks :)
 

 

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I recently received a summons from LVNV funding. I was checking around the web, and saw that this link: http://www.howtowinacreditcardlawsuit.net/how-i-answered-lvnv-funding-credit-card-summons/ had some really good information on how to beat LVNV Funding.
 
Just wanted to pass this along. Will let you know how my fight goes.
 
Does any one else have any other places to find good information to help out? The more information you can send the better!
 
Thanks :-)

 

 

Be careful about using the strategy from another state. Each state has different laws and this can even get more specific depending on where you live in that state. Edit your title so it has Texas in it. We have some helpful members here from Texas that will be happy to help. 

 

@TomnTex has a similar article he has posted before that deals with fighting debt collectors in Texas. 

 

Feel free to ask questions and get the opinions from different people here. If you decide to fight this yourself you will need to learn your local rules of court. Keep everything they send you including the envelopes. Record any messages they leave for you and keep them in safe place. I strongly suggest that you do not talk with the ones suing you unless its in front of the judge. And last but no least be proactive and do not procrastinate. 

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It will also be helpful it you fill out the Questions below in this format. It will make it easier for others to help you. Just leave out any personal info and round off all numbers.

 

1. Who is the named plaintiff in the suit? 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

3. How much are you being sued for? 

4. Who is the original creditor? (if not the Plaintiff) 

5. How do you know you are being sued? (You were served, right?) 

6. How were you served? (Mail, In person, Notice on door) 

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

11. What is the SOL on the debt? 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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Here is a recent thread with a member fighting LVNV in Texas. Read what he did that worked and what didn't. I'm sure he and others involved in this thread will be happy to answer any questions that you may have. 

 

http://www.creditinfocenter.com/community/topic/314133-being-sued-by-a-jdbwant-to-handle-it-right/?hl=%20lvnv%20%20texas

 

 

You might also want to talk with a consumer attorney. Many offer a free first visit. You may or may not get the help you need, but it will give you another opinion. When searching for a consumer attorney make sure and find one that has experience with the FDCPA. Even if you go Pro Say it never hurts to talk with a legal professional. Once again the members from Texas can probably help you with this. 

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  • 1 year later...

1. Who is the named plaintiff in the suit? 

 

LVNV Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

 

Scott, Parnell & Associates, PC

3. How much are you being sued for? 

 

9K and change

4. Who is the original creditor? (if not the Plaintiff) 

 

HSBC and teh debt goes back over 5-6 years.

5. How do you know you are being sued? (You were served, right?) 

 

I was served papers 1.5 weeks ago. 

6. How were you served? (Mail, In person, Notice on door) 

 

In person, guy came to my house of residence.

7. Was the service legal as required by your state? 

 

I think so but not certain of the question.

 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

 

I have never received any prior notice and was unaware of any collections from LVNV.

9. What state and county do you live in? 

 

Texas, Travis.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

 

at least 6 or more years ago. Need to see if i can verify the exact date.

 

11. What is the SOL on the debt? 

 

Do not know.

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or    B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

 

CV PENDING

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

 

I do not recall disputing this exact collector but may have in the past when it belonged to a different collection agency.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 

 

No, I did not.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 
 

20 days since being served, which was about  10 days ago.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

No evidence and did not even list HSBC as the original creditor.

 

Thanks and hope this helps. I followed a thread from TXguy7 and wrote a basic response based on some of what he had written and the responses from that thread. But wanted more or less validation that I did everything properly. Any help would be very much appreciated.

 

Suit was files in County court.

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Thanks and hope this helps. I followed a thread from Tex_Tea and wrote a basic response based on some of what he had written and the responses from that thread. But wanted more or less validation that I did everything properly. Any help would be very much appreciated.

Can you provide the URL to this thread you are referring to?  I went through their member profile and could not find anything like that.

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When the the account was last active, I had lived in Connecticut. Does that make any difference?

 

 

You may want to ammend it and do a counter claim for them filing on a time barred debt. If it has truly been 6 years since you paid on it. Sol in Texas is 4 years

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Maybe. You need to find out when your last payment was, and if you have lived in Texas for longer than a year ( could be 6 months, I don't know how long before you establish being a texas resident). If you have lived in Texas more than a year, and your last payment on that account was more than 4 years and 1 months, they are to late. Counter suit for fDCPA violation, and get the first one dismissed.

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I have been a Texas resident for over 6 years.

 

On my credit report, it's been so long that there is no mention of HSBC anywhere on the report. I do see an entry from LVNV Funding as:

 

post-167873-0-93064800-1428117904_thumb.

 

Maybe. You need to find out when your last payment was, and if you have lived in Texas for longer than a year ( could be 6 months, I don't know how long before you establish being a texas resident). If you have lived in Texas more than a year, and your last payment on that account was more than 4 years and 1 months, they are to late. Counter suit for fDCPA violation, and get the first one dismissed.

 

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That just shows when they started reporting it. Texasrocker can help you with your answer, and counter claim.

Either they don't realise it is over the sol, or they are hoping for a default judgement.

You might also want to consult with a NACA consumer attorney, they may take your case at no cost to you because there is an FdCPA violation.

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I have a basic response written up that just needs review and to see if I can add the FdCPA violation.

 

Thanks for the tip on talking to an NACA attorney, from what i ready on that type of violation, the counter suit allows up to $1,000 plus attorney fee's? 

 

I will be happy to get the suit dropped and be done with LNVN but anything I can do to hit them back a bit is fine by me! 

 

Texasrocker, can you assist with my answer and counter claim if that applies?

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I can provide you contact information for an excellent JDB slaying attorney in Travis County.  He would be more than happy to file a claim against them for any FDCPA violations on a contingency basis.   I may be mistaken but my experience with FDCPA violations is $1,000 total for each violation, not with attorneys fees tacked on top of that so you would net roughly $666 less the filing fee of about $40.

 

No matter how you decide to handle this you need to get a general denial filed with the court as soon as possible.

 

 

I see that is one of the first here that I helped win their case three years ago.  I wonder what ever happened to legaleagle.  I forgot about him.  He was somewhat of a pain in the a$$ but very knowledgeable.

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That would be awesome if you can PM me his info. would like to get my response to the court as soon as possible.

Would it be helpful if I post what I wrote up on here?

Thanks

I can provide you contact information for an excellent JDB slaying attorney in Travis County.  He would be more than happy to file a claim against them for any FDCPA violations on a contingency basis.   I may be mistaken but my experience with FDCPA violations is $1,000 total for each violation, not with attorneys fees tacked on top of that so you would net roughly $666 less the filing fee of about $40.

 

No matter how you decide to handle this you need to get a general denial filed with the court as soon as possible.

 

 

I see that is one of the first here that I helped win their case three years ago.  I wonder what ever happened to legaleagle.  I forgot about him.  He was somewhat of a pain in the a$$ but very knowledgeable.

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