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texas0404

Being Sued by LVNV Funding -

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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.)
Scott, Parnell & Associates 
3. How much are you being sued for?
$1,900
4. Who is the original creditor? (if not the Plaintiff)
Springleaf Financial Services (personal loan, not a credit card) 
5. How do you know you are being sued? (You were served, right?)
Served
6. How were you served? (Mail, In person, Notice on door)
In person
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, possibly a settlement offer that I ignored 
9. What state and county do you live in?
TX - Tarrant Co
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

2/18/2010
11. What is the SOL on the debt? To find out: 
4 years 
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). Suit Served 

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? 14 days - was served 1 week ago today 

Claim Detail: Breach of Contract , Account Stated and/or Open Account 
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing 

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Two questions:

 

First: When was the suit filed, not served, filed?

 

Second: Are you 100% sure on that last payment date, was there anykind of forebereance, deferment, anything that might toll the SOL?

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The suit was filed 11/19/14. 

 

This is so old I do not remember many specifics so I pulled my credit report to get my last payment date. That does sound right though. There is nothing that I recall that would toll the SOL. I know for sure there was no forbearance or deferment. 

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Ok, based on what you've said so far, as I read it, you are outside of SOL. 

 

You have two options, either file an affirmative defensive stating they are suing on an account that is time-barred & file a counter suit for damages under the FDCPA since it's illegal to sue on a time-barred debt.

 

or

 

easier route:

 

Consult with a consumer attorney and he'll file your defense & countersuit with his attorney fees included in the suit so you pay nothing and get a nice $1k check for damages.

 

In either case, you're on the clock & the holidays don't make it any easier.

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I have considered the easier route but I am not sure how to find an attorney that I trust. I started getting tons of letters from attorneys in the mail before I even knew I was being sued. I feel like they are all working together for the plaintiff. Any idea of a good attorney here in TX to consult with? 

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