Genie25

I was Inspired by you guys, I will now fight!!! LVNV W/ Stenger in Michigan

Recommended Posts

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? $950

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

5. How do you know you are being sued? (You were served, right?)I was served a Summons and Complaint.

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

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

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? None

9. What state and county do you live in? Macomby County Michigan

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Do not know

11. What is the SOL on the debt? To find out:  
7 Years I believe
Statute of Limitations on Debts
No

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).  I have yet to answer the Summons and Complaint. I have till next week to 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No, I had no Idea I owed the money till I got Served.

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?
 28 days because I was served by Mail.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They included:
"Plaintiff's Affidavit of Indebtedness and ownership of accout"
Signed August 12 2013 Summons was issued 9-6-13.
and they included Exhibit b that is an Account statement that they made up saying original issuer HSBC and my Name, Address, and Account Number.

 

 

Link to comment
Share on other sites

Smart move.  LVNV sued me in July 2012.  I fought back, with the help and advice from fellow forum members and they dismissed w/o prej four months later.  The SOL has now expired on that debt-in fact all my debts. 

 

I was also sued by Unifund and with a consumer attorney's help, got them to back off on three other debts. Fighting back does pay-off. 

 

Good Luck!

 

Carol-Lynn

  • Like 1
Link to comment
Share on other sites

My Girlfriend of 6 years and also the mother of my children was served this year by LVNV. She lost the case.  The day after her Judgment came in the mail, I was served with this. The same Company LVNV.  I have read through a whole lot of posts and I feel I have the Intelegence to beat this with the help of this awesome group of people on here!  However i do feel I lack in the Vocabulary department but with Googles help, this may be ok.  

 

 

I guess my first question would be, Should I Answer the Summons and complaint or do I move right onto sending a motion to dismiss? I have read the whole Michigan thread But it is unclear to me when filing a motion is better than just answering.  Again thank you guys in Advance.  

 

 

It is Obivious that I do not have the Knowlege in law (Hence me being here) that a lot of you have but we all are pretty good at what we do in life.  If at anytime a member on here needs help with A mechinical problem on a car/boat/motor or Any questions regarding LS based engines, I would be more than happy to share my expertise with you guys. I never expect something for nothing!!!

Link to comment
Share on other sites

You are going to file a Motion for Summary Judgment in lieu of an answer. Theoryman is correct, the Stenger clients we have come across do not have the goods to prove their claims. That is why they put together that bogus account statement and attach it to the complaint.

Please forgive my Ignorance, Is a Summary Judgement also called a Summary Disposition?  I did find this to guide me, is that correct? http://www.michigan.gov/taxtrib/0,1607,7-187-38252_38253-138641--,00.html

 

 

Also when filling out the paperwork, I would still be considered the defendent even though I am entering the motion, is that correct?

Link to comment
Share on other sites

You create the your arguments, there is not a court form to fill out that would allow you to properly plead your arguments. There are court forms needed:

 

1) Motion Scheduling hearing Form

2) Motion cover form.

 

yes, they are one in the same

 

The title will be:

 

DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT

Link to comment
Share on other sites

You create the your arguments, there is not a court form to fill out that would allow you to properly plead your arguments. There are court forms needed:

 

1) Motion Scheduling hearing Form

2) Motion cover form.

 

yes, they are one in the same

 

The title will be:

 

DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT

Ok Thank you bmc100.  After re-reading your Michigan thread a couple of times, It is slowly starting to make sense.  lol 

Link to comment
Share on other sites

Here you go. This is an example of an MSJ opposition against LVNV and Stenger.

 

Here you go. This is an example of an MSJ opposition against LVNV and Stenger. 

Thank you for the example. I see that this is a OPPOSITION instead of just a motion for summary jugdment.  Being that I am filing a motion instead of answers, Can you give me a brief outline as to what to include in this motion.  As of right now, I have:

 

1. the header

2.my motion

3.legal standards

4. My arguments (basically  MCR 2.116©(9) and (10))

5. conclusion

Is there anything else.   It is obvious that all cases are not the same and a whole lot of this does not pertain to me but I want to make sure i do not forget anything.  Also I tried googling some of the case law so I could be a little more educated when I go to court but a lot of it would not show up, Can you direct me on how you found this?

 

 

Link to comment
Share on other sites

My Girlfriend of 6 years and also the mother of my children was served this year by LVNV. She lost the case.  The day after her Judgment came in the mail, I was served with this. The same Company LVNV.  I have read through a whole lot of posts and I feel I have the Intelegence to beat this with the help of this awesome group of people on here!  However i do feel I lack in the Vocabulary department but with Googles help, this may be ok.  

 

 

I guess my first question would be, Should I Answer the Summons and complaint or do I move right onto sending a motion to dismiss? I have read the whole Michigan thread But it is unclear to me when filing a motion is better than just answering.  Again thank you guys in Advance.  

 

 

It is Obivious that I do not have the Knowlege in law (Hence me being here) that a lot of you have but we all are pretty good at what we do in life.  If at anytime a member on here needs help with A mechinical problem on a car/boat/motor or Any questions regarding LS based engines, I would be more than happy to share my expertise with you guys. I never expect something for nothing!!!

First you and your GF need to study up on the law of voids. Just because she lost does not mean it is over. You can file a collateral attack, in another court, and challenge their standing to sue and the courts jurisdiction.

Honigman & Hawkins, Michigan Court Rules Annotated (2d ed), p 190.

A court may at any time relieve a party from a void judgment. A judgment entered by a court without subject-matter jurisdiction is a void judgment and may be vacated at any time on the court's own motion or upon the motion of any party thereto, including the party who originally invoked the jurisdiction of the court. A fraud is perpetrated upon a court when some material fact is concealed from the court or when some material misrepresentation is made to it; where, in a divorce case, the court was advised regarding a possible reconciliation of the parties and the decision not to take additional proofs on the issue of reconciliation was made by the trial court, not by either party, there was no fraud perpetrated upon the court.

 

First thing you need to do is answer the complaint, deny each and every complaint, they filed suit, they have burden of proof, it is not up to you to prove their case for them.

 

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? $950

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

5. How do you know you are being sued? (You were served, right?)I was served a Summons and Complaint.

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

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

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? None

9. What state and county do you live in? Macomby County Michigan

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Do not know

11. What is the SOL on the debt? To find out:  

7 Years I believe

Statute of Limitations on Debts

No

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).  I have yet to answer the Summons and Complaint. I have till next week to 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No, I had no Idea I owed the money till I got Served.

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?

 28 days because I was served by Mail.

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

They included:

"Plaintiff's Affidavit of Indebtedness and ownership of accout" All you need do is challenge the affidavit as hearsay, Without seeing the affidavit it is hard to tell you what to say but they are all mostly the same. IMHO, the best way to do this is wait till trial and challenge the affidavit, ask if the affiant is present, they won't be they never are, when they say the affiant is not present you move to strike the affidavit as evidence because the affiant is not available for cross examination, one of the most important thing to remember is if their is no witness, (the person who wrote the affidavit) the court cannot even see the affidavit.

Signed August 12 2013 Summons was issued 9-6-13.

and they included Exhibit b that is an Account statement that they made up saying original issuer HSBC and my Name, Address, and Account Number. Without a witness to attest to the accuracy and authenticity of the documents it is moot. Remember this, attorneys cannot attest to the facts of the case, that is why our court system has witnesses.  If the attorney tries to verify the document you object and say "your honor, it is well established that council cannot attest as to the facts of the case. Also remember this, Statements of attorneys in brief or in argument are not facts before the court. An attorney can present the facts and the evidence, but he/she cannot attest to the facts or the evidence. If an attorney tries to argue that the facts or evidence is reliable you object for this reason. It takes a witness to prove that the facts are true and that the evidence is authentic.

 

  • Like 2
Link to comment
Share on other sites

BTO429, In terms of my girls debt, I am going to have to pay.  Unfortunately all of this seems to be hard for me to grasp.  I am fighting mine and I am going to give it my best but I work 64 hours a week religiously and have a family at home who also demands my time.  I would consider myself higher than average in intelligence, unfortunately in this case, my intelligence is  not in the art of wording. My vocabulary sucks and my reading retention blows!  To juggle both cases at the same time would seriously be impossible.  I was able to schedule a hearing for payment plan on hers though and that will be next month. Meanwhile, I need to beat mine so I am not in the soup another $1k.  I have already written my answers to the summons and complaint but i didn't turn them in because BMC100 advised me to hit them with the Motion for summary judgment right away so that is what I have been working on.  One of them will have to be turned in tomorrow, hopefully I can finish the motion today!

Link to comment
Share on other sites

Best of luck to you Genie25! I'm also working on my motion for summary judgement against LVNV and Stenger.

 

I'm not anywhere near the level of intelligence that BMC and others on here are in terms of dealing with JDB's but I do want to pass along a link that someone gave me to another thread on here that has to do with fighting JDB's in Michigan. You might not even need it at this point but I figure it never hurts to have any information.

http://www.creditinfocenter.com/community/topic/306328-my-thoughts-on-account-stated-in-mi-and-in-general/

  • Like 1
Link to comment
Share on other sites

Seems like all these JDB & JDB lawyers are just filing lawsuits close to tax season, they know that you will get some cash from your tax returns and hoping that you

 

will fold & give them that cash thru a settlement or for the whole amt thru monthly payments. Unfortunately most people get scared & do settle or start the process

 

to fight back but then give up half way and settle, only a hand full actually fight back all the way to trial.  Stenger & Lvnv is beatable, look at my thread i just beat them

 

last month.

Link to comment
Share on other sites

Well, I looks like my court date is at the end of this month, I have a pretrial and a msj hearing at the same time and same day.  I also received a response from LVNV to my MSJ. I am posting this, tell me what you think, ? They also attached 3 bills of sales.  I scanned one for you guys to read but all 3 generally say the same thing. None of them have any real information on them. What can I expect in court and what should I really be studying/practicing for the next two weeks till court?

post-157500-0-83961700-1389831790_thumb.

post-157500-0-16044900-1389831946_thumb.

Link to comment
Share on other sites

Looks like they are claiming that you filed an opposition to their MSD.

Did you just copy and paste someone's post without really knowing what it said?

If you filed a proper MSD .... and this is their answer ......... I'd say you're golden.

 

Post your MSD ........ let's see what you did.

Link to comment
Share on other sites

This is all the sent you?

 

They did not attach a HSBC statement?

 

Who cares about some random bill of sale. There is nothing showing that you owe LVNV anything.  

 

I would have to see the motion that you put together. They do not cite any caselaw, rules or laws to back their arguments. It does not seem like they are putting up much of a fight.

Link to comment
Share on other sites

Looks like they are claiming that you filed an opposition to their MSD.

Did you just copy and paste someone's post without really knowing what it said?

If you filed a proper MSD .... and this is their answer ......... I'd say you're golden.

 

Post your MSD ........ let's see what you did.

Yes I did do some copying and pasting but heavily modified to fit my case, I feel I understand everything that is wrote in it, Maybe I did mess up, you tell me.  Do I still have a case?  

intercopy.docx

Link to comment
Share on other sites

Well ....... the idea is there and although I didn't look up any of the case law you cited, it appears to be well researched.

 

In Michigan ....... Summary Judgment is referred to as Summary Disposition although I don't know if a trier of fact would argue with such a technicality.

 

Your arguments seem to be on point to me although, again, I didn't research any of the authorities you cited.

 

Your conclusion states that the court should deny "Plaintiff's Motion for Summons and Complaint ........... "

It probably should have read "the court should grant defendants motion for Summary Disposition......... or, in your case, Summary Judgment.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.