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tarzan

Sued by LVNV based on false paperwork. Can I counter sue?

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I am being sued for a credit card debt. But the paperwork filed by the debt collector’s lawyer is incorrect and ridiculous, and they don’t even know what they are doing.

 

Here is the situation:

 

A local law firm has sued me on behalf of LVNV funding as the debt collector (who is collecting on a CITIBANK credit card). This credit card debt is out of its statute of limitation, and has been removed from my credit report as well since 2012.

 

What they have stated in their paperwork is that there was a default judgement obtained against me in NJ in 2007 on this case, and they want to collect the money now in NY (as I live in NY now).

 

Now the interesting part: The copy of judgement that they have attached was granted to CAPITAL ONE against me and not LVNV/CITIBANK. I was indeed sued by capital one in 2007, and they got a default judgement against me. I paid them after 3 years and the matter was closed.

 

Now somehow this law firm/LVNV believe that the judgement was for the LVNV/CITIBANK card. It clearly states the name of CAPITALE ONE bank on the judgement (attached to the court paperwork), and they fail to recognize that.  It seems like court clerks don’t even read the paper work and just send out the summons.

 

I had received phone calls from the law firm prior to them suing me, and I was laughing at the caller. I tried to explain it to him, but he did not bother to listen to me, and yet they still sued me. It looks like they are a bunch of high school kids, and just trying to pull a fast one on me.

 

Apart from waste of time, I don’t have a problem going to court and explaining it to the judge. What I want to know is if I can counter sue them and make them pay for this. The reasons I can think of for which I can sue them are:

1.       I had sent multiple debt validation letters back in 2010 to LVNV, but they never validated this debt. They called me and sent me collection letters few times after that.

2.       They reported this debt to CRAs, but did not provide me debt validation

3.       They filed a fraudulent and deceiving lawsuit, claiming to have a default judgement against me, which was in reality not granted to them.

 

I would appreciate if someone can guide me on how to proceed and handle this situation.

 

By the way is there any legal term to describe this kind of lawsuit where the paperwork is incorrect/deceiving and fradulent

 

Best

 

 

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They kept reporting to credit reports after I requested them to validate, but they did not validate. But the debt got dropped from credit report after its SOL expired.

 

I don't have a proof of payment for the CAPONE judgement, but I do have a letter from that law firm stating that they are discontinuing further action on this.

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Just a side note. Judgements are not subject to a SOL. If they have a judgement, it can last 5 or 10 years, and at that point be renewed, they can renew forever. When you paid it off, you should have received a paper saying so, if you have that, you can make them go away pretty easy.

Original creditors that get default judgements still sell the debt. They sell the judgement, and the jdb then domesticated it, and collects. I would contract an attorney.

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