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Need Help with how to handle Stenger and Stenger- LVNV


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More info:  Was a Cap 1 card, last payment in may 2008, sold to lvnv and now Stenger and Stenger has it..  They took over in August and I am concerned as SOL is up in May and their last couple letters starting saying"review by their attorney"  .

Last letter gives me until Thursday to Settle this.  I can afford to, just want strategy and advice on how to possibly get this removed from my account and how to deal with Stenger.  They are right here in my backyard so I anticipate this escalating to a suit quickly, especially since the SOL is coming in may 2014.

 

1. Who is the named plaintiff in the suit? Not a lawsuit yet.   LVNV

 

 

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

 

 

3. How much are you being sued for?$500

 

 

4. Who is the original creditor? (if not the Plaintiff)cAPITAL 1

 

 

5. How do you know you are being sued? (You were served, right?)  Not yet, but I have received 3 letters since aug, and have until this Thursday to take a settlement

 

 

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?Michigan

 

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  May 2008

 

 

11. What is the SOL on the debt? To find out:  6 years in Michigan

 

 

Statute of Limitations on Debts

 

 

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?) 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.

 

 

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?

 

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

 

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

 

 

17. Read this article:

 

 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

 

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If you can afford to settle and want this off your record before suit is filed ........ then answer with a settlement offer.

Make sure you demand that the balance not be sold to another JDB; that the trade line be removed from your CR's and that there be no 1099C filed with the IRS.

 

If you decide to fight the case and you prevail ...... you don't pay anything and there is no mark on your CR's; you can remove the trade lines using the favorable judgment.

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It is $500. Buying debt right now must be slim pickings. The amounts these JDBs re filing suit on are getting smaller and smaller. It is showing the junk debt market is getting slow. 

 

Have you responded in writing to Stenger to any of their letters asking for validation?

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Their first letter was in mid August, and I just ignored it.  Being only $500 with the SOL coming, I figured they wouldn't go to court.  After reading this forum yesterday about going after others will a similar dollar amount and the fact they are just down the road from me, I feel the heat.  bmc, I read how you were able to beat these guys, but I am not sure I want to risk a potential judgement vs settling with a pfd or pif and then knowing this thing disappears from my report in may 2015.  Capital 1 will also delete at that same time(they show it as a 0 balance with a chargeoff)   This will leave my report clean of all negs.   I would consider a letter of validation, but we are long past the 30 days and just don't want to end up on court. 

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If you want to accept that, I would have the stipulation that they take it off your reports, they do not sell the remaining balance, and it is paid in full.  Make sure the stipulation letter states those things.  I would tell them I am not sure if this is my account, but in order to avoid any legal proceedings I am willing to pay xxx.xx if (state your demands)

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If you did not respond to their dunning letter, it is no use sending the a DV letter. It also negates any FDCPA violations as well.

 

Unless, they tried tacking on interest and charges after Cap One charged off the acct. Do the letters state different amounts owed?

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I would typically require a confidentiality agreement to keep negotiations from showing up in court YMMV. Also, I would never admit liability in any communication.

 

plus, if you pay and they do not agree to a PFD, the sol restarts and will stay on the CR for another 7 years.

I still wonder if an "overly broad" release (as in my post here regarding Swinerton: http://www.creditinfocenter.com/community/topic/321115-i-won/page-2#entry1257285 ) would have beneficial or prophylactic effect regarding 1099s or a CRA derogatory. I have not seen comment from those with experience and cannot report successful results myself. It is possible one might need litigation to enforce such an agreement should the other side choose to violate it. Such an agreement *might* mitigate CRA reporting requirement issues that might be associated with a PFD as well as possibly mitigating 1099 reporting requirements FAIK.

 

If you did not respond to their dunning letter, it is no use sending the a DV letter. It also negates any FDCPA violations as well.

 

Unless, they tried tacking on interest and charges after Cap One charged off the acct. Do the letters state different amounts owed?

Having not read through the statute recently, I don't recall that the only private right of action available under the FDCPA was based on the requirement to send a timely DV letter. Occasionally there are benefits to sending a timely DV letter and I would routinely send one. Less benefits are typically available when sent untimely IMHO.

 

If I chose to send a C&D and/or an arbitration election (via CMRRR) I would likely include a DV letter, untimely or not, as it is basically free postage at that point and sometimes I can get some interesting and useful information from the other side.

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Well, today I called stenger, and they wanted to settle however for a pif. I told them it was not my debt and would like for this to go away. CA would not do a PFD. And claims tthat if i settle, he will give me a letter stating the PIF 15 days after we settle. They do not and will not report it to the CR, I HAVE TO. I reiterated it is not mine and I am not going to settle for something that is going to stay on my report. He says". Well,I can note that you are disputing this and they can send me documentation. It will take 4 or 5 weeks.". I told him that I want to dispute, and he says they will contact me when they have the paperwork. Now what do i do

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I would keep the negotiations going until May, if possible, then stop responding. just do not accept any of their offers. let the sol get here and if they file suit, sue their pants off. they have already been in hot water with the courts over suing on sol debts,

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I beat them, LVNV / Stenger and Stenger, on SOL using the documents they sent me.  Got Dismissed w Prejudice!

 

http://www.creditinfocenter.com/community/topic/321362-here-we-go-again-lvnv-represented-by-stenger-stenger/

 

They do not have the paper work and fold easy.

 

IMO, don't settle, fight, fight, FIGHT!

 

I've also bested LVNV before...  http://www.creditinfocenter.com/community/topic/306374-sued-by-lvnv-represented-by-wwr/

 

Both were for MORE that yours.

 

Fight, don't give those bloodsuckers a dime.

 

--

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I would typically require a confidentiality agreement to keep negotiations from showing up in court YMMV. Also, I would never admit liability in any communication.

 

I still wonder if an "overly broad" release (as in my post here regarding Swinerton: http://www.creditinfocenter.com/community/topic/321115-i-won/page-2#entry1257285 ) would have beneficial or prophylactic effect regarding 1099s or a CRA derogatory. I have not seen comment from those with experience and cannot report successful results myself. It is possible one might need litigation to enforce such an agreement should the other side choose to violate it. Such an agreement *might* mitigate CRA reporting requirement issues that might be associated with a PFD as well as possibly mitigating 1099 reporting requirements FAIK.

 

Having not read through the statute recently, I don't recall that the only private right of action available under the FDCPA was based on the requirement to send a timely DV letter. Occasionally there are benefits to sending a timely DV letter and I would routinely send one. Less benefits are typically available when sent untimely IMHO.

 

If I chose to send a C&D and/or an arbitration election (via CMRRR) I would likely include a DV letter, untimely or not, as it is basically free postage at that point and sometimes I can get some interesting and useful information from the other side.

I have never had a PFD work, other here have had results. I personally do not trust a jdb as far as i can throw one. I am not a credit guru, all I can say is my past experience has lead now where with PFD's.

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I have never had a PFD work, other here have had results. I personally do not trust a jdb as far as i can throw one. I am not a credit guru, all I can say is my past experience has lead now where with PFD's.

I have never attempted a PFD. Looks like a risky proposition best I can tell. I defer to others on PFD attempts.

 

OTOH I would think a properly worded, overly broad release of liability might make it hard to "safely" report a fully released liability to a CRA.

 

The example I was looking at:

http://www.groundbreakinglaw.com/files/2012/10/Swinerton-v.-Kitsap-County.pdf

The stipulation stated in relevant part:   

COMES NOW, Plaintiff M.B. Diddy Construction, Inc. and Defendants Swinerton Builders Northwest . . . and Kitsap County Administration, by and through their undersigned attorneys of record, and stipulate that all claims asserted herein, or which could have been asserted herein, by and between them, shall be dismissed with prejudice, without admission of liability, and without costs to any party.

    The parties to this action hereby release and discharge each other, their employees, officers, agents, successors, assigns, and sureties from any [and] all claims, demands, causes of action and liabilities . . . , known or unknown, asserted or unasserted . . . arising from the Project in any manner.

 

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Another question .....is this the first jdb that has bought this debt? And from now on do not call them, if they do something that you can nail them on you will not be able to prove it. Send only letters. and cmrrr. If they make statements in a letter and they do not hold to them you can argue this in court

I myself would draft a contract, that way they have to abide by it....but then again they would not sign it.

My policy is I do not talk to jdb's.....if they want my attention they need to do it in front of a judge.  But that is me. I do not care much about my credit, I do not use my personal credit. I use my business credit for everything....I have a farm so I can use my business credit for just about everything I do. I know most of you are not in this situation.

If comes down to answering one question,,,,,,how hard do I want to fight this.

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