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Being Sued by Lvnv- Scared and have no money!


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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.)
Stenger & Stenger P..C.
3. How much are you being sued for?
$1300

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Nothing

9. What state and county do you live in?
Eaton County,MI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Not sure but the account was opened in January of 2008.

11. What is the SOL on the debt?
6 years in Michigan

12. What is the status of your case? Suit served? Motions filed?
I have 19 more days I believe to file an answer

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No

14. Did you request debt validation before the suit was filed?
No

15. How long do you have to respond to the suit?
21 days from being served

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
A Plaintiffs Affadavit of Indebtedness and Ownership of Account and a "Account Statement" was attached to the Complaint.

 

The thing is...I have no money. I have zero assets to my name and the only money I have comes from my student loans.  What do I do? I'm petrified they will try to take my student loans.

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They can't take anything until they get a judgment .......... and you are a long way from that.

LVNV is a Junk Debt Buyer (JDB) and they, typically, have a hard time proving standing to sue (that they own the debt).

Read bmc100's post. Very informative for Michigan defendants.

Post the complaint redacting any personal information .......... it will help.

Get familiar with Michigan Rules of Civil Procedure & Michigan Rules of Evidence, you will need to know these rules.

 

You are a student ......... and as such, are prepared to learn how to win your lawsuit ........ given the willingness to do the work.

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They can't take anything until they get a judgment .......... and you are a long way from that.

LVNV is a Junk Debt Buyer (JDB) and they, typically, have a hard time proving standing to sue (that they own the debt).

Read bmc100's post. Very informative for Michigan defendants.

Post the complaint redacting any personal information .......... it will help.

Get familiar with Michigan Rules of Civil Procedure & Michigan Rules of Evidence, you will need to know these rules.

 

You are a student ......... and as such, are prepared to learn how to win your lawsuit ........ given the willingness to do the work.

Ok here is the complaint:

Jurisdictional Allegations

JURISDICTIONAL ALLEGATIONS

1. Plaintiff is the assignee of the Defendant’s Account from Chase Bank USA

2. Upon information and belief, Defendant x Resides in Eaton County. MI

3. The amount in controversy, exclusive of interest and costs, is less than $25,000.00.

General Allegations

4. On January 27, 2008, Defendant opened an account with Chase Bank. An agreement was delivered to the Defendant and to the best of the Plaintiff's knowledge is in the Defendants Possession.

5.Defendant accepted the terms of Agreement by use of the account.

6. Defendant have failed to make payments as agreed upon and the account is in default.

7. As of October 8, 2013 There is now a due sum of $1300 as is fully set out  in the Plaintiff's Affadavit of Account, attached as Exhibit A and an Account Statement, attached as Exhibit B.

8. Despite repeated demands, Defendant has failed to pay the amount due and the account is in default.

9. To avoid substantial injustice, Defendant should be required to repay plaintiff sum due.

Count I

Breach of Contract

10. Plaintiff restates and re-alleges paragraphs 1 through 9 herein.

11. Defendant is in breach of contract by failing to pay as agreed upon and there remainsa unpaid balance of $1300

Count II

Account Stated

12. Plaintiff restates and re-alleges paragraphs 1 through 11 herein.

13. Defendant(s) received statements on Chase Bank Account and failed to object to the accuracy of these statements.

14. The account has become stated between the parties.

Count III

Unjust Enrichment

15. Plaintiff restates and re-alleges paragraph 1 through 14 herein.

16. Defendant(s) received, accepted and benefitted from the use of the Chase Bank account and Plaintiff has not been fully paid the reasonable and agreed upon value of said usage of the account.

17. Defendant(s) have been unjustly enriched to the detriment of the Plaintiff and are therefore indebted to Plaintiff in the amount stated herein.

WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant(s) in the amount of $1300, plus interest, costs, and such other relief as may be appropriate.

Exhibit A

PLAINTIFFS AFFIDAVIT OF INDEBTNESS AND OWNERSHIP OF ACCOUNT

 

Now comes the undersigned affiant, who having been duly sworn and cautioned according to law, depose and states as follows:

 1.) I am an Authorized Representative for LVNV Funding LLC ( hereafter the "Plaintiff"). i am authorized to make this affidavit on its behalf, and the information is true and correct to the best of my information and belief based on the Plaintiff's business records.

 

2.) I have personal knowledge regarding Plaintiff's creation and maintenance  of it's normal business books and records.

 

3.) Plaintiff regularly acquires revolving credit accounts. etc.

 

4.) Best of knowledge and belief, defendant is not minor or mentally incompentent person.

 

5.) Based on business records of account XXXX, Account was bought from Chase from Vion and later sold and/or assigned to Portfolio on 5/9/2013 and on this date of assignment, all ownership rights were assigned to, transfered to, and became vested in Plaintiff, including the right to collect purchased balanced owning of $1300

 

Signed by Matt XXXXX and notarized in South Carolina

Exhibit B

LVNV Funding LLC

55 Beattie Place Suite 110

Greenville, SC 29601

Account Statement

Original Issuer: Chase

Unpaid balance as of October 15, 2013 $1300

My name, address

Acount #XXXX

This statement was prepared on behalf of LVNV Funding LLC based on the business records furnished by Chase Bank. This Computer generated report has been produced on behalf of the debt purchaser. It is a computer generated summary; it is NOT an original statement.

 

 

 

 

Why are you scared? They cannot do squat to you and if you plan on defending this, do it the right way.

Because this has never happened to me before and a process server showing up on a Saturday morning at my house was not something I was expecting.  For all I knew when I served, they were going to be able to take anything I had because there is no way I could afford to pay them in full.

 

@bmc100

Everyone fears the unknown ......... I know I did ..........

Thank you, and yes the unknown very much scared me. I am starting to feel a little bit better now that I'm doing more research and seeing how many people have had this happen to them. I also called an attorney and am scheduled to meet with her tomorrow afternoon for a free consultation. Of course this in itself scares me a bit because I can't afford an attorney anymore than I can afford to pay this JDB but hopefully she can guide me in how to answer them. I don't want to let this go into default and then have them try to freeze my student loan money and then spend time having to fix that.

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They did not attach anything to the complaint showing that they own the account or proof that an account exists. You don't realize this, but Stenger usually represents JDBs that really have no proof of anything. 

 

This is very simple. I would like a Motion for Summary Judgment instead of an answer here. Since you are concerned, kick them in the teeth right from the start. You can get the complaint dismissed.

 

Now, here is the tough part. I am not helping posters write their MSJs or oppositions any longer. You are going to file the MSJ under MCR 2.116©(5) and (8).

 

(5) is the Plaintiff lacks standing to sue

(8) Plaintiff failed to state a claim where relief can be granted - based upon the complaint on its own and its attached contents. 

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The most important thing to remember is that they have to prove, with admissible evidence, every allegation that they have made against you.

Basically, in your answer, you are going to deny everything other than your name and address (unless it is incorrect).

 

(ex. #1) Defendant denies. Plaintiff has not provided sufficient proof that it is the assignee of the alleged account in question.

In Michigan, you have to provide a reason for your denial of an allegation.

 

You have a lot of allegations to contest ........ therefore a lot of proof that they have to provide ... challenge each of the allegations in your answer.

 

I'm going to leave this as a question best answered by more experienced members of the forum;

OP has a Breach of Contract allegation against her ......... yet the Plaintiff has not, apparently, provided or alluded to, the alleged contract with terms as is provided by MCR 2.113 (F)

 

OP needs to investigate the Account Stated allegations ........... did you ever agree to an amount owed to LVNV ........ probably not.

 

Stenger is very beatable .......... do it !!!

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The most important thing to remember is that they have to prove, with admissible evidence, every allegation that they have made against you.

Basically, in your answer, you are going to deny everything other than your name and address (unless it is incorrect).

 

(ex. #1) Defendant denies. Plaintiff has not provided sufficient proof that it is the assignee of the alleged account in question.

In Michigan, you have to provide a reason for your denial of an allegation.

 

You have a lot of allegations to contest ........ therefore a lot of proof that they have to provide ... challenge each of the allegations in your answer.

 

I'm going to leave this as a question best answered by more experienced members of the forum;

OP has a Breach of Contract allegation against her ......... yet the Plaintiff has not, apparently, provided or alluded to, the alleged contract with terms as is provided by MCR 2.113 (F)

 

OP needs to investigate the Account Stated allegations ........... did you ever agree to an amount owed to LVNV ........ probably not.

 

Stenger is very beatable .......... do it !!!

 

 

The most important thing to remember is that they have to prove, with admissible evidence, every allegation that they have made against you.

Basically, in your answer, you are going to deny everything other than your name and address (unless it is incorrect).

 

(ex. #1) Defendant denies. Plaintiff has not provided sufficient proof that it is the assignee of the alleged account in question.

In Michigan, you have to provide a reason for your denial of an allegation.

 

You have a lot of allegations to contest ........ therefore a lot of proof that they have to provide ... challenge each of the allegations in your answer.

 

I'm going to leave this as a question best answered by more experienced members of the forum;

OP has a Breach of Contract allegation against her ......... yet the Plaintiff has not, apparently, provided or alluded to, the alleged contract with terms as is provided by MCR 2.113 (F)

 

OP needs to investigate the Account Stated allegations ........... did you ever agree to an amount owed to LVNV ........ probably not.

 

Stenger is very beatable .......... do it !!!

For this case, skip the answer and go right to the MSJ. 

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They did not attach anything to the complaint showing that they own the account or proof that an account exists. You don't realize this, but Stenger usually represents JDBs that really have no proof of anything. 

 

This is very simple. I would like a Motion for Summary Judgment instead of an answer here. Since you are concerned, kick them in the teeth right from the start. You can get the complaint dismissed.

 

Now, here is the tough part. I am not helping posters write their MSJs or oppositions any longer. You are going to file the MSJ under MCR 2.116©(5) and (8).

 

(5) is the Plaintiff lacks standing to sue

(8) Plaintiff failed to state a claim where relief can be granted - based upon the complaint on its own and its attached contents. 

Oh wow okay. Well they did provide the account number in one part of the document ( didn't post that here obviously for privacy reasons), and I will admit to having an account with Chase at one point. The thing is, I have heard nothing of these people before, I do not know that the amount alleged in the complaint is what I actually owe, and again I have no assets or money besides my student loans. Doesn't this make me "uncollectible"? under Michigan law? Would I put I'm uncollectible in an answer or motion?

 

The most important thing to remember is that they have to prove, with admissible evidence, every allegation that they have made against you.

Basically, in your answer, you are going to deny everything other than your name and address (unless it is incorrect).

 

(ex. #1) Defendant denies. Plaintiff has not provided sufficient proof that it is the assignee of the alleged account in question.

In Michigan, you have to provide a reason for your denial of an allegation.

 

You have a lot of allegations to contest ........ therefore a lot of proof that they have to provide ... challenge each of the allegations in your answer.

 

I'm going to leave this as a question best answered by more experienced members of the forum;

OP has a Breach of Contract allegation against her ......... yet the Plaintiff has not, apparently, provided or alluded to, the alleged contract with terms as is provided by MCR 2.113 (F)

 

OP needs to investigate the Account Stated allegations ........... did you ever agree to an amount owed to LVNV ........ probably not.

 

Stenger is very beatable .......... do it !!

No I have never agreed to the amount owed, I do remember having an account with Chase but that's it.

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I hope that you have a better experience with your attorney than I did.

What I got was "You're going to lose ......... better settle if you get a chance."

At the time, I couldn't afford the $3000 retainer so I went it alone (with the help of the amazing people on this forum) and won.

 

Motions or answers aren't easy and should be thoroughly researched but, are totally within your ability

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I hope that you have a better experience with your attorney than I did.

What I got was "You're going to lose ......... better settle if you get a chance."

At the time, I couldn't afford the $3000 retainer so I went it alone (with the help of the amazing people on this forum) and won.

 

Motions or answers aren't easy and should be thoroughly researched but, are totally within your ability

 

Oh no... I certainily hope I don't hear that but honestly I can't afford to really pay an attorney anyways so unless she will work on contigency or something, I will have no choice but to go it alone.

 

I am so glad I found this forum though, I feel a little better knowing there are people who have dealt with the exact same jdb ( and in the same state as me) and been successful.

 

Here's another question I have though ( for anyone who can answer), I just got my mail and in it was a letter from a different attorney stating that they knew LVNV had filed suit against me and that they would defend me. This was dated the 20th but I wasn't served until the 23rd...has this ever happened to anyone else?

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The only way that you're going to get a lawyer to work on a contingency basis is if you have a way for them to make money via a counterclaim.

Another area to research ........... most JDB's violate either the FDCPA (Federal Debt Collections Practices Act) or the MCPA (Michigan Collections Practices Act) in one way or the other which is actionable.

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The only way that you're going to get a lawyer to work on a contingency basis is if you have a way for them to make money via a counterclaim.

Another area to research ........... most JDB's violate either the FDCPA (Federal Debt Collections Practices Act) or the MCPA (Michigan Collections Practices Act) in one way or the other which is actionable.

Oh that's right about contigency! Yeah I have no way for them to make money ( as far as I know) so that plan is shot.

Thank you! I will look into both acts and bring those up to the attorney.

 

Happens all the time. Your info is oublic record at the court house, so the ambulance chasing lawyers are trying to dig up biz.

Figures. Ugh that annoys me people knew I was being served before I did.

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Another question:

 

Should I withdraw my student loan money from my account now? Has this jdb ever attempted to take or freeze money before there is a judgement? It is my student loan money and I know they legally can't touch it but my fear is they will take it and I will have to spend my time fighting them on getting the money back or released and I need that money, it's all I have to live on.

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You will not admit to having an account with Chase, you force the JDB to prove you had an account. The reason why, is once you admit to having an account it creates a snowball effect on you. The judge will say "You admitted to the account". "Judgment in favor of Plaintiff". That is pretty much how it goes. When you deny the account, the Plaintiff has to prove that it is your account. They cannot do that since they did not create the account or have first hand knowledge of how the account was created. Do not make things easier for them.

 

The vast majority of district courts in Michigan do not have access to online court records. 

 

It does not matter that they referenced an account number. I can create an account statement for one of your credit cards without proof of the account and put an account number on it, then type up an affidavit stating the information is correct. It still does not mean crap. It is all hearsay under both MRE 803(6) an MRE 902(11).

 

You are going to file a MSJ and get this thing kicked out. The judge will give them a chance to amend their complaint to show cause, but they won't have the goods to proceed forward. When they cannot prove that they own your account or that the account is yours, now you have FDCPA violations. 

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Another question:

 

Should I withdraw my student loan money from my account now? Has this jdb ever attempted to take or freeze money before there is a judgement? It is my student loan money and I know they legally can't touch it but my fear is they will take it and I will have to spend my time fighting them on getting the money back or released and I need that money, it's all I have to live on.

They need to get a judgment against you. If they do try to garnish money without a court order, that is a FDCPA violation. They cannot legally touch that money right now. These cases take anywhere between 6 to 12 months to cycle through the court system. DO not over-react and focus on kicking the **** out of them. 

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The best thing is to read what bmc100 posts he has helped many people make it thru and win their court case.

Ask questions on what you don't understand and study the rules of the court and the rules of procedure and read bmc's thread and search for Michigan cases here on creditinfocenter and familiarize yourself with the process.

We have all done it and won our cases. You can to.

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@MSWolverine Hey there and welcome to the Credit InfoCenter Forum.

 

I just wanted to tell you that I am also being sued by LVNV, but in Ohio. My initial reaction & state of mind was probably the same as yours when you first got served. Let me tell you though, you are in great hands here. You must make the effort though to read as much as you can, and research as much as you can concerning this matter. Even by standing up to LVNV and filing an answer, you will already do what probably 90% of others in your jurisdiction don't do if they are sued by a JDB. Every ounce of fight you put into this thing, is more time and more money LVNV has to spend, and maybe they'll just move on. Remember, to you $1300 is a lot of money. To LVNV your $1,300 account is "just another account" they probably bought for like $50.00 from Chase. Show them up front you are going to be a thorn in their side. You won't roll over like a majority of people. They will have to PROVE EVERYTHING to the court to get a dime out of you.

 

The more I think about my case, the more I realize that LVNV's case has as many holes as Swiss cheese. It's all the same crap with them, ALL of their suits have that inaccurate and generic "account statement". I've spent hours on various court websites and I've seen the actual paperwork they & their attorney's file. It's all garbage, and you must attack it. That affidavit they sent you... It's nothing but hearsay. How can anyone working for LVNV attest for the accuracy of Chase Bank documents? You should be salivating to get one of these LVNV representatives onto the witness stand. 

 

Please remain positive and optimistic. These JDBs are looking for an easy case. They are looking for a default judgment. They are looking for people who admit to the debt in their answer, or for people to either not answer discovery requests, or admit certain details during discovery. THEY WANT YOU TO PROVE THE CASE FOR THEM, BUT IF YOU DON'T FOLD & YOU STAY ONE STEP AHEAD OF THEM, YOU CAN WIN!!

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You will not admit to having an account with Chase, you force the JDB to prove you had an account. The reason why, is once you admit to having an account it creates a snowball effect on you. The judge will say "You admitted to the account". "Judgment in favor of Plaintiff". That is pretty much how it goes. When you deny the account, the Plaintiff has to prove that it is your account. They cannot do that since they did not create the account or have first hand knowledge of how the account was created. Do not make things easier for them.

 

The vast majority of district courts in Michigan do not have access to online court records. 

 

It does not matter that they referenced an account number. I can create an account statement for one of your credit cards without proof of the account and put an account number on it, then type up an affidavit stating the information is correct. It still does not mean crap. It is all hearsay under both MRE 803(6) an MRE 902(11).

 

You are going to file a MSJ and get this thing kicked out. The judge will give them a chance to amend their complaint to show cause, but they won't have the goods to proceed forward. When they cannot prove that they own your account or that the account is yours, now you have FDCPA violations. 

I want you to be my lawyer, I don't even care if you are one. You are making me feel so much better.

What if by chance though Stenger does come up something? Would I bring up being uncollectible or judgement proof then?

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