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Help, I'm being sued by LVNV FUNDING LLC/M. Scott - TEXAS

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Hello all. A little stressed here... I was wondering if I could get some help with this. I've been reading a tons of helpful stuff here but I can't seem to but A to B just yet. I have just a few days to file my answer but I want to make sure it's correct. I cannot afford an attorney at this time. **teardrops**

 

 

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.) Not Listed. Prior letter stated Scott, Parnell & Associates PC

3. How much are you being sued for?
About 5k. Previous Credit Report states an amount from Original Creditor that fluctuates, dates are incorrect from was filed with court. 

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

CreditOne Financial Solutions (same company?)
 

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

Served at Home - Last Week

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

In Person

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

 

Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by

  1. delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
  2. mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.

Upon motion supported by affidavit stating the location of the defendant's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service

  1. (1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
  2. in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit. (Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.)

There's a blank Officer's Return attached. I don't remember signing anything and there's no date of delivery listed on the copy. 

 

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?
Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Nov, 2011 

 

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

4 Years

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).

Not sure. Nothing came up on an initial search.

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. 

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? 

 

No questionnaire, just one sheet stating a citation, another Officer's Return (blank) and a case form. 

Plaintiff's claim is for Breach of Contract, Money had and Received, and for Account Stated and/or Open Account. The claim arises from a Credit Account entered into by Defendant with COFS, LLC, Account # XXXXX5555 (the Account). Plaintiff is the owner and holder of the Account. The Account is in default and Plaintiff sues for all amounts owing.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Nothing. At. All. 

~ Thank you for your help!
 

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I hadn't paid LVNV anything nor have we made arrangements of any kind. 

 

The amount also greatly varies from the original letter they sent as Scott, Parnell & Associates PC. Sent 01/2014. They offered to "stop the legal process". 

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What court was the lawsuit filed in?

 

Can you scan and post what you were served with your name and address redacted?

 

Sure! 

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It says it was Issued March 7th and that I have 14 days to respond but I did not recieve the papers until March 20th.... ? Maybe they just meant they sent out the citation on the 7th?

 

 

I think my answer is due on/before Thursday of this week. 

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What do the rules say for your courts?

 

Mine (MN) are 20 days FROM WHEN YOU ARE SERVED. A lot of states are 30. I am unaware of any that count from the date filed in court, because you may/may not have been served within a particular number of days after that.

 

You can check with your court to see what the affidavit of service states: the process server needs to note the date that you were served. If it's any other day than the actual day, he has a problem.

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Thank you. Oddly the wording on my document differs from what's below - perhaps it's because it's a small claims court? 

 

Section 5, b.

 

c. Notice. The citation shall include the following notice to the defendant: "You have been

sued. You may employ an attorney. If you or your attorney do not file a written answer with

the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration

of twenty days after you were served this citation and petition, a default judgment may be

taken against you."

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Should I attach the CR to the answer? Or is that a discovery type thing? 

 

On the CR, it says the account status is CLOSED yet on the Complaint it's listed as an Open Account/Account Stated. 

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File your answer the day before the deadline. I filed my answer on the deadline because I like as much time as possible to come up with my strategy and have something set aside should I fail or they pony up some amazingly surprising discovery. Don't attach your credit reports. The court doesn't care about your credit report. The plaintiff doesn't care about your credit report. Only you care about the contents of your credit report. It's not evidence you can use. Who will testify to the authenticity and accuracy of that document?

 

And closed on your credit report doesn't mean what you think it means. It is an accounting term. You can have a closed account and still owe.

 

Did they attach the account? As in a statement from Credit One that would show an account and the amount for an account stated claim? I am unfamiliar with Texas civil procedure. You need to download that and become intimate. See if you can make a motion for more definite statement if no account was attached or if it is an LVNV printout which in most states does not meet the requirement of an account stated claim.

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elite1331

 

 

Thanks for clearing that up for me! I understand that I may owe the alleged debt (if they prove it), but my question is why is it listed closed when on the complaint it's listed as open? No, they didn't attach the account. What they sent I provided in the thumbnail images a few posts back. 

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It is a closed revolving credit account... But an open collection account. Don't get hung up on it. Their reporting method on your credit report won't have anything to do with your account unless you have an FDCPA counterclaim. 

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I think my answer is due on Thursday or Friday but I've been reading up on things and not getting very far. Whether or not I owe the alleged debt, I want to make sure that if I do settle or make any payments they had better prove it.

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Digging up stuff...   

 

Texas Fair Debt Collection Practices Act § 392.101. BOND REQUIREMENT.

 

(a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section. A copy of the bond must be filed with the secretary of state.

 

(B) The bond must be in favor of:

 

(1) any person who is damaged by a violation of this chapter; and

 

(2) this state for the benefit of any person who is damaged by a violation of this chapter.

 

© The bond must be in the amount of $10,000.

 

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.

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Copy the answer I gave for the person in this recent thread- http://www.creditinfocenter.com/community/topic/323350-new-portfolio-recovery-suit-in-texas/

 

Since yours is in a JP/small claims court the new rules require you to get permission from the court to send discovery.  Get on that as soon as possible then I will PM you a first set of discovery to send.

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On 4/2/2014 at 6:44 AM, texasrocker said:

Copy the answer I gave for the person in this recent thread- http://www.creditinfocenter.com/community/topic/323350-new-portfolio-recovery-suit-in-texas/

 

Since yours is in a JP/small claims court the new rules require you to get permission from the court to send discovery.  Get on that as soon as possible then I will PM you a first set of discovery to send.

Hi can you please send me the first set of discovery I would like to compare it to what i've spent days putting together. I'm filing a motion to dismiss or alternative more definite statement on Monday (my final day)  this way I can still have the legal option to file an answer later. Once you file an answer you give up your right to motions that can be filed before hand! I'll wait for  the judge to make a decision on the motion, but I'm filing a countersuit under FDCPA , and Texas has a new rule in JP courts that you have to get the judges permission to pre-trial discovery. So I have to request that first. Thanks great link you posted!

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