Tamriel

Being sued by LVNV Funding LLC for an unknown debt

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So, my wife got a writ of garnishment last week and her wages are to be garnished due to some debt originating from Sears which was bought by LVNV Funding LLC sometime before 2010.

The reason I state "sometime before 2010" is because we found her credit report from 2010 (she still had it filed) from all three credit bureaus and nothing reflects a delinquent account from Sears on there.

What we know:

  • Since nothing shows on those credit reports from 2010 in regards to Sears then it must have been old enough to reach the 7 year period that erases it off of her credit. :confused:
  • Using the case # on Miami Dade's Clerk Of Courts website, LVNV Funding started this lawsuit in 2007 which is when the case # assigned. FYI, she went to a court hearing in regards to that in 2008 and the lawyers representing LVNV Funding LLC did not show. So she and several other people there for the same thing with LVNV were sent home.
  • Nothing came from that day she went to court. As in, there was no follow up letter from court, nothing. It dissipated and it was as if nothing happened.
  • The attorneys they used in 2007 were http://marcadislaw.com/
  • So, 8 years later after her going to court in 2008 just to be sent home, her wages get garnished out of no where by http://www.ollawgroup.com/ representing LVNV Funding LLC in regards to some Sears debt again. I assume the same mystery one.
  • Same LVNV Funding LLC with their purchased debt from Sears from god knows when and if it is my wife's debt but with different lawyers...........

Also, why do i mention the attorneys they are using?

  • Macardis Law is literally down the street from O&L Law Group
  • Marcadis Law is actually Marcardis & Singer Law, Singer being "Gilbert M Singer" - they are the ones that sued on behalf of LVNV Funding LLC in 2007
  • The attorney that is representing LVNV Funding LLC now is "Jonathan R Singer" @ O&L Law Group -which he is the one that garnished her wages 8 years later after her going to court in vain.
  • The Judge that ruled in favor of both law firms is "Judge Linda Singer Stein"

How is this relevant?

Bias and prejudice seems like something that could be occurring here amongst other oddities. Everyone minus Ralph Marcadis that has handled this case for LVNV Funding LLC has the same last name "Singer". "Stein" is the last name the judge got from her husband. "Singer" is her true last name.

Question # 1 How can I legally obtain information on whether they are or not are related at all? As in, can I call the current lawyer "Jonathan R Singer" and ask and is he obligated to answer?

Question #2: This question is based off of the ":confused:" as you see above. How can we find out what debt LVNV Funding LLC bought that they sued her for? It doesn't show on her credit back in 2010 nor does it now in Sept 2016 as she spoke to Experion today and they show for nothing in regards to Sears. It would be nice to defend ourselves but we have nothing but "hey your wages are garnished".

Question #3 How is it that this case that was opened in 2007 that lead to a court date that my wife went to and then was sent home due to the lawyers not showing up - be then resurrected out of no where 8 years later with no notification but a final judgement of her wages being garnished? On top of that by a different law firm...

 

Alot to read here I know, but there is alot that is going wrong here too, lack of information, lack of notification and lastly some possible bias since (I may be wrong, i know) the first law firm had a Singer on the case, the second law firm also has a singer on the case and the Judge is a Singer.

 

Thanks to whoever in the internet that reads this and replies. I have been profusely researching this for 4 days till 1-2am EST. We are a low income family and they are garnishing her wages for by 25% which is alot for us being she is the only person bringing in money. I am currently working on a startup company and have not made a penny. She did file for Head of Household Exemption since she makes less than $750 a week and is the head of household. Next week is our hearing in regards to the exemption but this week they get 25% of her check.

 

Any help, is amazing.

Regards,

Tamriel

 

 

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Sounds like it should have been automatically dismissed for failure to prosecute if the online case detail shows no activity. Any other cases with your wife's name on it? Try to get the judgment from the courthouse to see the detail and look into vacating the judgment. Have you checked for low cost legal aid in Miami Dade?

Copies of Judgments http://www.miami-dadeclerk.com/courts_civil_judgment.asp
Copies of items in civil case files can be obtained by visiting our office in person or mailing in your request. Visit the fee schedule for a list of our copy and certify fees. When mailing in your request please include a self-addressed stamped envelope along with the appropriate fees.

Rule 1.420e for failure to prosecute and 1.540 for vacating- http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf

Your wife should file a CFPB complaint as well about the garnishment including detail the Plaintiff never appeared while your wife did which should get a response from LVNV and put this on their radar if a pattern of other cases emerges. http://www.consumerfinance.gov/complaint/

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Thank you for the reply, my wife has no other cases in her name. This would actually be the first one, ever. We are going to be looking into legal aid these coming days. I will certainly look into all the information you provided above and will reply back with any further updates. As of now its 4:36am EST and i've been researching all night into this whole thing we are dealing with. I'll pick up in the morning with your info.

 

Thanks again for the reply.

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@Tamriel not sure how much this is for, if $5,000 or less you'll want to check small claims rules as well for detail, such as failure to prosecute is under section 7.110e, 7.160 for failure of Plaintiff to appear and so-on. Rules here to look over-

http://www.floridabar.org/TFB/TFBResources.nsf/0/5E3D51AF15EE8DCD85256B29004BFA62/%24FILE/Small Claims.pdf

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@Tamriel there's an excellent FL attorney @LawKittywho posts here who might be able to give you some guidance with this but try to have an attorney review it. When you show at the next court date you should be looking at vacating this not seeing what you can pay. They're either charging the contractual interest (probably 29 or so % default rate) that was on the account without ever proving it was valid or the statutory rate which back then was 11% until 2011 when it went to 4.75% and adjusts quarterly. http://marcadislaw.com/interest-on-a-florida-judgment/

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Generally if the Plaintiff doesn't show up to Court, the judge will dismiss without prejudice (meaning that the Plaintiff can refile the case if they want and it is still within SOL).  It's quite possible that the Plaintiff asked the judge not to dismiss if they were close to the SOL when they filed and the reason that they didn't show was due to excusable neglect.  It sounds to me what might have happened is that either a) your wife moved after the original court date and didn't update her address with the courts (court notices are usually mailed to last address on file, but it is the party's responsibility to update the address with the court when they move, especially if there is an open case) and so she didn't receive important pleadings and/or notices and they got a default judgment against her if she didn't show up to another court date that they sent a notice for (and she didn't receive); b] the Plaintiff mistyped or there was an error in the certificate of service with your wife's address, and so she didn't receive important notices (attorneys often copy/paste certificate of service information from earlier pleadings so it's not unusual that an error might not get caught); or c) the Plaintiff certified they mailed a copy and didn't (usually something like this would only happen for a single document, unless the Plaintiff attorney, or legal assistant, willfully did not mail documents but said they did.

Out of the 3, I'm thinking it is more likely A or B, as attorneys usually do not risk their licenses by submitting documents to the court without notifying the other side.  If you can look at the docket in the case, it might tell you what happened.  Sometimes if mail is returned, that is actually filed with the court.  If you haven't moved, then you can check the address on the notice you did receive with the address on documents you didn't, to see if there is an error.  If there is an error, you might have grounds to get the judgment set aside because there wasn't proper notice.

However, if she moved and didn't notify the court, then it's very unlikely that the judge would set aside a judgment since it is her responsibility to keep her address current if there is a court case going on.  Also, sometimes people receive things from the court and may not remember they received it, especially if it was over 8 years ago.  If the docket does not show any mail being returned, then you might want to check around your house to see if any documents regarding the court case can be found.

As far as there being two law firms having people of the same last name, that will most likely have no bearing as long as there wasn't a willful and knowing attempt to not notice her.  If the Judge is related to the attorneys, then she probably should have recused herself, but again, you'd have to find out if she is related and how close.  If she is closely related, then that might be basis to try and have the judgment voided, especially if your wife didn't move or she provided the court with her address if she did.

The larger amount of the judgment is most likely due to interest for 8 years or so.

It definitely sounds like she would qualify as 'head of family' and be exempt from wages being garnished.  However, keep in mind that judgments are good for 20 years and can be renewed.  They can attempt to garnish her wages again or clean out any bank account with her name on it.  Generally they won't try again for at least 6 months or maybe even several years, but the judgment is continuing to accrue interest the whole time.  They could also seize any non-exempt assets, such as a paid for vehicle If the value is enough to offset sheriff levy fees and storage fees.  They can also attach a lien to real property so that if she sells it, the judgment gets paid first from the proceeds. 

If there isn't any way to find the judgment void or have it set aside because of improper notice, then she could always file for bankruptcy and that would stop all garnishments and the judgment could most likely be discharged.  That might be an option if she has other debts piling up, anyhow.  The exemption will hopefully give you all some breathing room while you decide what to do next, at least.

 

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On 9/22/2016 at 1:41 AM, Tamriel said:

So, my wife got a writ of garnishment last week and her wages are to be garnished due to some debt originating from Sears which was bought by LVNV Funding LLC sometime before 2010.

The reason I state "sometime before 2010" is because we found her credit report from 2010 (she still had it filed) from all three credit bureaus and nothing reflects a delinquent account from Sears on there.

What we know:

  • Since nothing shows on those credit reports from 2010 in regards to Sears then it must have been old enough to reach the 7 year period that erases it off of her credit. :confused:
  • Using the case # on Miami Dade's Clerk Of Courts website, LVNV Funding started this lawsuit in 2007 which is when the case # assigned. FYI, she went to a court hearing in regards to that in 2008 and the lawyers representing LVNV Funding LLC did not show. So she and several other people there for the same thing with LVNV were sent home.
  • Nothing came from that day she went to court. As in, there was no follow up letter from court, nothing. It dissipated and it was as if nothing happened.
  • The attorneys they used in 2007 were http://marcadislaw.com/
  • So, 8 years later after her going to court in 2008 just to be sent home, her wages get garnished out of no where by http://www.ollawgroup.com/ representing LVNV Funding LLC in regards to some Sears debt again. I assume the same mystery one.
  • Same LVNV Funding LLC with their purchased debt from Sears from god knows when and if it is my wife's debt but with different lawyers...........

Also, why do i mention the attorneys they are using?

  • Macardis Law is literally down the street from O&L Law Group
  • Marcadis Law is actually Marcardis & Singer Law, Singer being "Gilbert M Singer" - they are the ones that sued on behalf of LVNV Funding LLC in 2007
  • The attorney that is representing LVNV Funding LLC now is "Jonathan R Singer" @ O&L Law Group -which he is the one that garnished her wages 8 years later after her going to court in vain.
  • The Judge that ruled in favor of both law firms is "Judge Linda Singer Stein"

How is this relevant?

Bias and prejudice seems like something that could be occurring here amongst other oddities. Everyone minus Ralph Marcadis that has handled this case for LVNV Funding LLC has the same last name "Singer". "Stein" is the last name the judge got from her husband. "Singer" is her true last name.

Question # 1 How can I legally obtain information on whether they are or not are related at all? As in, can I call the current lawyer "Jonathan R Singer" and ask and is he obligated to answer?

Question #2: This question is based off of the ":confused:" as you see above. How can we find out what debt LVNV Funding LLC bought that they sued her for? It doesn't show on her credit back in 2010 nor does it now in Sept 2016 as she spoke to Experion today and they show for nothing in regards to Sears. It would be nice to defend ourselves but we have nothing but "hey your wages are garnished".

Question #3 How is it that this case that was opened in 2007 that lead to a court date that my wife went to and then was sent home due to the lawyers not showing up - be then resurrected out of no where 8 years later with no notification but a final judgement of her wages being garnished? On top of that by a different law firm...

 

Alot to read here I know, but there is alot that is going wrong here too, lack of information, lack of notification and lastly some possible bias since (I may be wrong, i know) the first law firm had a Singer on the case, the second law firm also has a singer on the case and the Judge is a Singer.

 

Thanks to whoever in the internet that reads this and replies. I have been profusely researching this for 4 days till 1-2am EST. We are a low income family and they are garnishing her wages for by 25% which is alot for us being she is the only person bringing in money. I am currently working on a startup company and have not made a penny. She did file for Head of Household Exemption since she makes less than $750 a week and is the head of household. Next week is our hearing in regards to the exemption but this week they get 25% of her check.

 

Any help, is amazing.

Regards,

Tamriel

 

 

Tamriel,

You are describing exactly my friend's case with the same attorney, same firm for an unknown debt. They went as far to file bogus papers for service for garnishments all false.

What was the outcome with your wife?

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Hello my name is Terri Downing and I got a letter from O&L Group, P.L. stating that I owe money from 2008 from Sears. I never had an account with sears and why I'm I getting this letter 12 years later.What can I do to get this resolve?  Creditor: LVNV FUNDING LLC. JUDGMENT DATE: October 30,2008. CASE NUMBER: 2008-003248-SP23. Original Creditor:Citibank USA N.A.

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