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Received Attorney notices today stating LVNF filed lawsuit


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I pulled my credit report and do know this was for Gallery Furniture account.

 

I last made payment to them in 2012, at that time my job was having financial problems and we were not even getting paid.

 

Stuck around until I was just unable to anymore and after 12 years of being employed I had to quit and was behind on everything I had, I was even left with 4K of unpaid wages.

 

I received a notice in 2012 willing to settle account for 50% of amount due but with not having a regular payment I was unable to take offer.

 

Can anyone tell me where to start, I've been burned with attorneys before and overwhelmed with all the notices received today.

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Those notices are from ambulance chasing lawyers who will usually take your money and then just advise you to settle the debt or file for bankruptcy protection.

You can initiate either of those two choices without their aid.

You can also fight this out in court yourself as many of us have done successfully.

LVNV is a junk debt buyer and, as is usually the case, rarely have the documentation to prove their claims.

 

You can wait to be served or be proactive and go to the courthouse in your jurisdiction and look at the filings for your case number to get a head start.

 

Search the board for posts from texasrocker who is a successful litigant from your state.

 

Post any questions in this same thread to keep continuity.

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Those notices are from ambulance chasing lawyers who will usually take your money and then just advise you to settle the debt or file for bankruptcy protection.

 

That is not always true.  I filed a complaint with a state agency against a JDB and got three letters from NACA attorneys.  As with all offers for services one needs to carefully screen the intentions of who is making the offer.  I would not presume that EVERYONE who emails an offer of legal help is not capable of providing a defense other than BK or settlement.  

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No worries IFC, we are not here to judge you on why or why not your account s went into default.  Everyone has problems.  If you could answer the questions below, redact any personal info we might be able to help you better.  We have some great authorities here from Texas also.

 

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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?

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

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

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?)

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.

 

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