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First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know!

 

I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hearing for vacating the judgment who wanted to discuss a settlement to which my response was absolutely not! So they have refiled with my local court where I currently reside...they did pull my credit report prior to and after filing so had my current address yet still attempted to serve me twice at an old address that i have not lived at for over four years. So here's the rundown.

 

LVNV Funding in Ohio with the usual junk attached. Plaintiff owns Defendant's account

By use of the account defendant became bound by the account's agreement.

Defendant breeched agreement by failing to pay.

Amount now due and owing is $3xxx a copy of statement attached as "Exhibit A"

Demand has been made defendant failed to pay up.

 

It has been re-filed and I filed my answer with the court.

 

I received their request for production of documents, admissions, and interrogatories. Which are of course the usual b.s.

 

The alleged account was opened while I lived in another state with a 3 year SOL. So I am using this defense along with a few others. But, I have received a voicemail from them saying they are calling to collect a debt. I also received a bill from them in the amount of over $1,000 more than I am being sued for. I believe this to be them attempting to collect the amount from the judgment that has been vacated. Is this not a violation of the FDCPA? I plan on bringing this up in court as to show their inaccurate figures and being an error on their part. I believe this to be misleading to me showing I owe more than I am being sued for without a judgment against me. I am also preparing my own interrogatories and request for admissions and documents so if anyone has any advice please help!!!

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I would suggest contacting a consumer attorney.  I will PM you with a suggestion.  You may have FDCPA violations here that would make a consumer lawyer happy to have you for a client.  Faced with your attorney, LVNV may just decide to go away.

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I would suggest waiting a bit on discovery - until you hear from the consumer attorney.  In the meantime, if you do a search here there are examples of discovery.

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Ok I have received discovery from the plaintiff and of course they objected to all of my questions just as i did to theirs. they have provided an acceptance of the credit card. it looks like a check saying you're pre-approved! it has my name signed on it with my ssn and my ex wife's name(we were married at the time). The good part is it is addressed to my ex wife's mother's residence where i have never lived and my signature is in her handwriting. I was not in the state or in the country at that time. So...how do I present this to the judge? Any help???

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Back up. WAY up. Did you consult a consumer attorney, as advised?

 

Sewer service is a state and federal crime. It's also a significant violation of the FDCPA, which gives you a countersuit against their re-flied suit.

 

Deliberately trying to serve you at an address where you do not live, when you have informed them of your current address is another one.

 

And, clearly, if there is identity theft involved in this suit, then you have a prima facie defense against owing the money.

 

Why do this all yourself, when you have a really good chance that an attorney, and a winning one, will take your case on contingency?

 

Winning attorneys, BTW, may just be more willing to represent you on contingency, because they know they have a good chance of getting paid by the other party. Check the NACA website, and then check justia.com for the names of the attorneys in your area. You want them to be the winners in cases against JDBs.

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Thanks for the info. I did speak with one and after reviewing my case he stated that they do not usually get involved in such a small amount($4,000) also he stated that from what he could tell them billing me was possibly premature but not really a violation. They served me at an old address before I ever dealt with them. I had that judgment set aside and they have re filed. I'm just going to go to a local attorney on Monday so he can finish this off for me.

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Another question??? I found a case a while back and cannot for the life of me locate it. The husband was sued for debt his wife at the time accrued. The court found that the husband was not responsible for the debt. Does anyone know which case? Need help fast.

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@devildog03

 

 

Another question??? I found a case a while back and cannot for the life of me locate it. The husband was sued for debt his wife at the time accrued. The court found that the husband was not responsible for the debt. Does anyone know which case? Need help fast.

 

 

Was it an OH case and for a credit card debt?   There are alot of husband and wife debt cases in OH.

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Thanks for the info. I did speak with one and after reviewing my case he stated that they do not usually get involved in such a small amount($4,000) also he stated that from what he could tell them billing me was possibly premature but not really a violation. They served me at an old address before I ever dealt with them. I had that judgment set aside and they have re filed. I'm just going to go to a local attorney on Monday so he can finish this off for me.

 

I always tell OP's to consult at least 3 lawyers.  I contacted 5 before one agreed to take my case.

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