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LVNV Funding Judgement & Wage Garnishment


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I'm at a loss of what I need to do with LVNV Funding.  Back in Oct/Nov 2015 I had a strange deduction on my bank statement which prompted me to contact my institution to find out what this was about.  After being on hold for quite a lengthy time they were finally able to tell me that LVNV sent them a letter looking to see if I had any funds that they could seize (not sure that's the right verbiage) and my bank charged me a $50 service fee for processing LVNVs paperwork and sending it back to them.  Fortunately for me my bank has guidelines and what was available in my checking/savings at that very moment was below their benchmark so nothing was seized.  I have never been notified by LVNV at anytime during the past almost 10 years.  Move forward to January 2016 and I receive a summons from our local court in Ohio that basically says a judgment was issued in LVNVs favor in June 12, 2006 in the Tuscarawas County Common Pleas Court, State of Ohio in the amount of $6344, plus $6113 in interest for a total of $12,548.  Here's where it gets interesting.  I was not even a resident of the state of Ohio EVER, not had I been a visitor here until October 2006, actually I'm not sure when I became an actual resident?  I moved to Ohio on Oct 13, 2006 from California where I was born and raised.  There was no information on who I supposedly owed this debt to, no name, account information etc.  The only info. they had correct was my name, social and address.  I immediately filled out the papers to request an expedited hearing and sent them to the court certified mail.  A few days later I received a letter from the court giving me my date/time to appear, which was the original date issued.  I take the day off work and appear as instructed.  I patiently wait in the lobby/waiting room for my name to be called.  The clerk/court reporter calls my name and I give a motion with my hand so she is aware of my presence.  She tells me to sit tight and she will return shortly.  About 15 minutes later she returns and proceeds to tell me that she spoke with the judge and they aren't sure why I'm here?  I told her that I received the summons, I filed a request for expedited hearing and was notified to be here this day and time.  She said that LVNV was not present and since their request to my bank for funds to be seized came back unavailable their court filing was not valid (not sure of exact words, but that was her point).  I asked her if she could give me any information as to this judgment and explained the dates and not living here etc. and she said they didn't have any of that information and suggested that I contact LVNV and discuss with them.  She gave me a phone number listed from my file.  I spoke to an attorney and he strongly suggested that I do not contact them or their attorney as they are a deceptive group of people and that I should wait to see what comes next if anything.  So now here it is April and I receive this nasty threatening letter from LVNV saying they are going to garnish my wages and that I can be fired from by my employer for having a garnishment and how employers frown on these types of inconveniences etc. etc. and requested that I complete the form and include all my personal information, employer, wages, tax filings etc.  and return to them within 14 days are they will go to court.  My first thought was are you kidding me, you send me this nasty threatening letter about how I'm going to loose my job and how my employer is going to be upset with me over this and you want me to respond within 14 days or you'll see me in court.  I thought fine, lets go to court and get this straightened out once and for all.  So yesterday I get a lovely packet from my payroll dept. which is the court order that was filed on April 14, 2016 to garnish my wages beginning May 27th.  I was not notified at anytime of this hearing (not sure they had too).  Attached to the court case info is the "Answer of Employer (Garnishee)" which appears to be what my employer was to fill out and return to the court within 5 days.  The next section is a request for a hearing and pertains to me and I have 5 days to return to the court.  I can dispute  the right to garnish my earnings and request a hearing, I feel the need to have a hearing is an emergency (yes/no), or I dispute the right to garnish my personal earnings for the following reasons (list the reason).  But in big bold letters it states "NO OBJECTIONS TO THE JUDGEMENT ITSELF WILL BE HEARD OF OR CONSIDERED AT THE HEARING".  I have the forms ready to go to the court, but just need some insight from a legal standpoint.  I want to be prepared for when I go to court and have some knowledge in hand.  Thank you in advance for your words of advise.

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@GrandmaX4

Look in the court file.  You need to determine if the account was opened by you or your husband.  Also, you need to find out how they claim you were served.  That information would also be in the file.

Contact an OH consumer attorney.  If you can prove you were not living in OH at the time and that you were never properly served, you would have an FDCPA claim for improper venue.  An attorney could also determine if state laws were violated.

If certain acts took place while you were living in CA, some CA laws might have been violated.  However, the statute of limitations on any CA violations may have already passed.  An attorney would know details.

In the event you were not properly served, it's possible the SOL on the debt has passed or, at the least, the accrued interest would be wiped out.

Many attorneys will take solid FDCPA claims on a contingency basis.   Here's the link to locate an attorney in OH.

http://www.consumeradvocates.org/find-an-attorney

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Thank you BV80.  I did some research today in the courts public info and found that the case against me was rendered in CA June 12, 2006 and based on CA SOL it is 10 years and they do not charge interest.  So the paperwork from the court in OH and what the attorney for LVNV shows is the judgement was filed in OH on the exact same date as CA.  So I believe I have a strong case just on this discrepancy alone. I was never served any papers and have been racking my brain as to what this could even be for.  Again, I appreciate your input thank you!

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