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Help !!! LVNV Funding LLC C/O Stenger & Stenger

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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.)
Stenger & Stenger P..C.
3. How much are you being sued for?
$746.95

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Nothing

9. What state and county do you live in?
Kent County, MI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Not sure but the account was opened in April 2012.

11. What is the SOL on the debt?
6 years in Michigan

12. What is the status of your case? Suit served? Motions filed?
Pending

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?
No

15. How long do you have to respond to the suit?
21 days from being served. 8 days left

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Exhibit A  plaintiffs Affidavit of indebtedness and ownership of account signed by " authorized representative for LVNV .  eXHIBIT B Account statement from LVNV FUNDING stating balance original issuer account number

 

I want to fight this lawsuit.  but i have no idea on how to file motion with rules etc.

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@bmc100  I read it but i don't know how to format a motion to dismiss or what laws to cite etc.  I get how to file my answer to the summons. But

since they didnt provide the  chain of sales from Credit One Bank. I was going to do as you advised and file a motion to dismiss but i have no idea on how to prepare it. what applies in regards to my case etc. The one's that i have seen seem very complicated. 

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Without knowing what was stated in the complaint. You need to file a counter-affidavit and I do not know when the affidavit attached the complaint was dated and signed. The Stenger made account statement is normal protocol...You need to point that out in your answer.

 

Please look at Posts #5 and #7. Post #5, click on the link to find an example of a counter affidavit and Post #7 will give you the format to your answer.

 

Your defenses will be 1) Lack of Standing and 2) Failure to State a Claim. In my guide, I believe post #1 gives you the three ways to answer an allegation, plus you need to state a reason for your denial. You will deny everything other than the obvious, like the city or county you live in. You will admit to that. If you are unsure, use option #3 and state that the Plaintiff did not supply the information with their complaint, it still has the effect of a denial.

 

http://www.creditinfocenter.com/community/topic/325596-being-sued-by-cavalry-spv-in-michigan/

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I would answer the suit. They already messed up. Filing a motion will only allow them to refile and amend for their mistakes. In your answer, you do not need to cite caselaw. You need to answer and explain why you deny the allegation.

 

It would be easier if you post each allegation and provide the when the affidavit was dated. From there, it would be easier to help you. You could have an answer ready in a day or two. They are not much work.

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@bmc100 Thanks. this is my second thread the other one i posted first. I returned my answer yesterday, and i am still waiting to be served the other summons. Hopefully the serve me and dont lie i read Portfolio sometimes lies and says they served and dont and then a default happens. I serious can afford any type of garnishment on my check.

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you should have posted it prior to filing it, so we could see the reasons why you denied the allegations. You would want to cite laws and rules. Make sure you send a copy to the Plaintiff, with the proper supporting pieces. The affidavit needed to be notarized as well. If you did not file an affidavit, you can still do so within 10 days, without asking to do an amendment.  

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@bmc100 I recieved a letter from INDEBTEDNESS LETTER from the lawyers office stating  I have a outstanding balance of $824.40. if you have any questions please contact their office.

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@bmc100 So I was served 4/6/15 a new lawsuit.

 

1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates,LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
wEBER & Olcese, PLC
3. How much are you being sued for?
$887.23

4. Who is the original creditor? (if not the Plaintiff)
GE Capital Retail Bank

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Nothing

9. What state and county do you live in?
Kent County, MI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I have no idea

11. What is the SOL on the debt?
6 years in Michigan

12. What is the status of your case? Suit served? Motions filed?
Pending

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?
No

15. How long do you have to respond to the suit?
18 days left

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.Three Bill of Sales, a account report?, walmart credit credit summary and a affifavit

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@bmc100 

 

 Jurisdiction

 

1.That Plaintiff is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.

 

 2.That pursuant to MCR 2.113©(2), there is no other pending or resolved civil action arising out of the transactions or occurrences alleged in this complaint.

 

3.That plaintiff is doing business in the city of Norfolk VA 23502

 

4.That upon information and belief, Defendant is domiciled in the city

 

5.That the amount in controversy $887.23.

 

 

 Count 1

 

BREACH OF CONTRACT

 

6. that plaintiff incorporates by refence paragraphs 1-5

 

7.that on or about September 1, 2011, Defendant entered into a contract with plaintiff assignor, GE CAPITAL RETAIL BANK, for goods sold and delivered and/or services rendered on open account, Account Numbers:

 

8. That a copy of the contract is attached or alternatively, the contract is in the possession of Defendant pursuant to MCR 2.11(F)(1)(B) ( SEE ATTACHED EXHIBITS).

 

9. That the contract was entered into for valid consideration and lawfil and proper purposes and is legally enforceable in all respects.

 

10. That plaintiff has performed all of its obligation and fulfilled all of its condition precedent under the terms of the contract.

 

11. That Defendant has, without excused, defaulted upon and materially breached the contract.

 

12. That as a result of Defendant's breach, plaintiff has suffered damages in the sum $887.23( see attached exhibits).

 

 WHEREFORE, plaintiff prays that judgment be entered in its favor and against Defendant in the amount of $887.23.

 

 

Count 2

 

13. That Plainiff incorporates by reference paragraphs 1 through 12.

 

14. That Plaintiff and defendant have consented to a sum as the credit balance due from one another on the account.

 

15. That Defendant has received periodic billing statement from  Plaintiff to which Defendant has made payments towards and/or has not validly objected to.

 

16. That Defendant's payment and/or failure to successfully question the state of the account within a reasonable amount of time constitutes an admission of correctness.

 

17. That Defendant has been given all set-offs, credits and/or allowances on the account and is indebted to plaintiff in the amount of $887.23. ( see attched exhibits)

 

18. That a statement of the account and a affidavit verifying the account are attached to this complaint and incorported by refernce9 see attached exhibits).

WHEREFORE, plaintiff prays that judgment be entered in its favor against defendant in the amount of $887.23.

 

 

 COUNT 3

 

19. That plaintiff incorporates by reference paragraphs 1 through 18.

 

20. That, alternatively, Defendant has received a benefit from plaintiff in the amount  of $887.23.

 

21. That Defendant has been unjustly enriched at the expense of plaintiff.

 

22. That defendant is required to make restitution to plaintiff.

 

23. That it is inequitable for defendant to retaint the benefit.

 

WHEREFORE, plaintiff prays that judgment be entered in its favor and against defendant in the amount of 887.23.

 

 

respectfully submitted

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 @bmc100

 

 I really dont know how to respond to this summon because it is not the normally format. if you could give  me any advice i would appreciate it

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I will give you a few thoughts over the weekend. This is actually an easier complaint to file an answer for.

 

Until then, Who are the bill of sales from?

 

Did you remember receiving written correspondences from all three parties?

 

What does the account report look like and what does it state?

 

Did you ever have a Walmart Credit Card? Did they send the terms and conditions? If so, when is it dated? What does the summary state?

 

Who is the affidavit from? What does it state and when is it dated?

 

When is the summons dated?

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If you want help, you need to log in to the site more often and update your thread. 

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@bmc100 

 

  1. Have 3 bill of sales from GE Capital. ( can email them to you if you want)
  2. No I do not remember any written correspondences. ( I do remember seeing portfolio name on my caller ID, but we never talked.)
  3.  
  4. Yes I did around 2012. No they did not.
  5. I received the summons on 4/7/15 i have 21 days. Summons was issued on 3/10/15 an expires 6/9/15

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@bmc100

 

Affidavit

 

I, the undersigned _________________________, Custodian of records, for portfolio recovery associates, llc hereby depose, affirm and state as follows:

 

 1. i am competent to testify to the matters contained herein

 

2. I am an authorized employee of Portfolio Recovery Associates, llc, ( Account Assignee) which is doing business at Riverside Commerce Center, 120 Corporate Boulevard Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the business records of the original creditor  GE CAPITAL  RETAIL BANK/WALMART and those records transferred to Account Assignee from GE CAPITAL RETAIL BANK (Account Seller) which have become a part of and have integrated into Account Assignee's business record, in the ordinary course of business.

 

3.  According to the business records, which are maintained in the ordinary course of business, the account and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account  having been sold, assigned and transferred by Account Seller on 2/19/2013. Further, the Account Assignee has been  assigned all of the Account  Selleer's power and authority to do and perform all acts necessary for settlement, satisfaction, compromise, collection or adjustment of said said account, and the account seller has retained no further interest in said account or proceeds thereof, for any purpose whatsoever.

 

 

4  According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the account assignee, there was due and payable from  DEFENDANT'S NAME  ( DEBTOR AND CO-DEBTOR) to the Account Seller the sum of $887.23 with the respect to account ending in xxxx as of the date of 1/20/2013 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the sale.

 

5.  According to the account records of said Account Assignee, after all known  payments counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum $887.23 as due and owing as of the date of this affidavit.

 

 

6. Plaintiff believes that the  defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States.

 

 

Portfolio Recovert Associates LLC

 

_____________________________

 

By:___________________________  Custodian records

 

 

Subscribed and sworn to (or affirmed) before me on 1/29/2015 by ________________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.

 

 

____________________________________

Notary public

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First the affidavit is more than 10 days prior the issuance of the summons. They cannot use it as Prima Facie evidence, but they will try to use it to authenticate evidence. 

 

You are going to need to file a counter-affidavit, though it is not critical.  

 

You mentioned there are 3 bills of sale from GE. Who are they assigning the account to in each of them? Are any of them assigning the account to PRA?

 

Who is the account report from?

 

Who is the Walmart credit summary from?

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@bmc100

 

all three of the bill of sales  say 

 

PRA PLCC Fresh-February 2013

 

 

For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow receivable purchase agreement (the Agreement), dated as the 13th day of December 2012 by and between General Electric Capital Rfs Holding , LLC and Gem Holding, LLC ( collectively Seller) and portfolio Recovery Associates LLC ( buyer), Seller hereby transfers, sells, conveys, grants, and delievers to buyer, its successprs and assigns without recourse except as set forth in agreement, to the extent of its ownership, the receivables as set forht in the notificatiom files ( as defined in the argeement), delievered by seller to buyer on february 19, 2013, and as futher described in the agreement.

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@bmc100

 

The account  summary is like a table with two columns. no name is at the top.

 

acctnum                           XXXX

mrk_fn                              my first name

mkr_ln                               my last name

cmpny_name      

mkr_taxid                           XXXX

mkr_ad1                             my address

mkr_ad2              

mkr _ad3  

mrk_city                              Grand Rapids

Mkr_st                                 MI

MKR_ZIP                            49508

MKR_HP            

MKR_WP

MKR_BARDATE                   0

MKR_BKCHAP

MRK_CASENUM

MRK_DISCHDTE                 0

MKR_BKMEETDTE              0 

ECOA                                   1

OPENDATE                          20110901

CHGOFF_DATE                  20130120

RMSLASTPMT                    20120613

LASTPMTAMT                     35

BRANCH                             C77W

DOFD                                  20120720

CHGOFFCODE                   UNPY

LOSSAMT                           887.23

CURBAL                              887.23

RMSFILENUM                     69079311

ACCTSTS                            SF5

STSDESC                            SALES-FINAL-PRIMARY RANDOM SALE

JDGDATE                             0

OFF_CODE                         WAL083

OFF_DESC                         WALMART CREDIT CARD

BCLE                                    0181

BCLE_DESC                       RETAIL BANK

BUYERCODE                      PR1S

INT_RATE                           22.9

NET_COSTS                      0

NET_INTEREST                 242.60

NET_PRINCIPAL                644.63

PRINC_LOSS                    644.63

ASSOC_COST                    0

ACCRD_INT                       242.60

LASTPURCHDT                20120515

CMKR_FN

CMKR_LN

CMKR_TAXID             

CMKR_ADDR1

CMKR_ADDR2

CMKR_CITY

CMKR_STATE

CMKR_ZIP

CMKR_LIABLE

MKR_DOB                     19xx

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@bmc100

 

The walmart credit card summary seems to be from Walmart

 

Is it terms and conditions or is it more like a credit card statement?

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@bmc100 So I was served 4/6/15 a new lawsuit.

 

1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates,LLC

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

wEBER & Olcese, PLC

3. How much are you being sued for?

$887.23

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

GE Capital Retail Bank

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

Summon by process server

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

In person

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

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Nothing

9. What state and county do you live in?

Kent County, MI

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

I have no idea

11. What is the SOL on the debt?

6 years in Michigan

12. What is the status of your case? Suit served? Motions filed?

Pending

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?

No

15. How long do you have to respond to the suit?

18 days left

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.Three Bill of Sales, a account report?, walmart credit credit summary and a affifavit

 

This is based off of what you have posted, but it looks like there is gaps in the documentation already.

 

In MS Word - copy the header from PRAs complaint and center it.

 

Centered and Underlined - DEFENDANT'S ANSWER TO PLAINTIFF's COMPLAINT

 

Indented - Now comes _________, Defendant pro per, responds to the Plaintiff's complaint by denying all allegations and states as follows:

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