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shann1111

LVNV Funding LLC Cherokee county Ga

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I received a summons with an affidavit for a JDB LVNV. On the affidavit the chain of ownership appears that credit one bank sold it after charge off. Subsequent owners are as follows:

FMBM LLC, Sherman Originator 3rd  LLC, Sherman Originator LLC  and finakly to LVNV Funding LLC.  

Upon filing a "deny" answer, I received a court date. Is the affidavit signed by a Chris Meeks as a representative for LVNV allowed evidence? I had thought it wasnt and considered hearsay however read something else that it could  be admissable.  I go to court on 8-24-2016. Just curious if I should or should not settle when the judge asks us to attempt to prior to trial as there is not bill of sale. The only paperwork I received in the aummons was the complaint and affidavit. I cany even determine if the person who signed it is a legitimate "rep" for LVNV.  I neglected to mention that I am judgment proof as my only source of income is Social security for my children as I am a widow. However I want to try to fight this since they could continue to sue me if my income changes. Its ridiculous because we are talking a max of 300 credit that has turned into nearly 1000. 00 they are aski g in court. Upon my answer I did list social security as my only income but apparently they still want to proceed. 

 

Edited by shann1111

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Kind of limited on time here 2 days before court.  That being said....if the ONLY thing they have sent you is the summons, and the affidavidt, you have an excellent chance of beating this.  

When you go into court you ask the judge to dismiss for lack of standing.  You do not recall this debt, and have no records of this debt.  The plaintiff will try to get you to admit to the debt. Don't, you owe them nothing.  You tell the judge the affidavidt from Chris Meeks is heresay.  You tell the judge the plaintiff did not send you anything to show that they bought any debt connected to you.  If the plaintiff tries to submit any bills of sale, you say "objection, heresay, and plaintiff failed to send this prior to trial". They need a bill of sale from each company as well as affidavidts from each company saying the account is true and correct, and was reviewed at or near the time of event.  They won't have it.  If they try to introduce the affidavidt, you say "objection, heresay" the affiant did not work for the OC, the plaintiff failed to send you a witness list where you could subpoena the affiant.  If that is all they sent, I think they are relying on you not showing up to court.  When you do they will want to settle, and you tell them ok, the deal is they can either dismiss with prejudice, or you are prepared for trial and will ask for your court costs back when you go in and win.  I doNt think you have much to worry about if they haven't sent you anything.

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