MAX21

LVNV summons with no prior contact

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Hi everyone, 

Today I filed my answer and response to LVNV Funding LLC after they sent a summons to  me via sheriff for an alleged debt of nearly 5K. What i noticed was that I never received an initial communication with them until I got this summons period. Secondly I've disputed this account on my credit report before and the original creditor listed it as disputed and never further pursued any action and they never verified it. Looking at my most current I pulled that account and creditor isn't even listed and from my credit reports from as far back as 2010 it showed the account as being disputed. The collection agency also isn't listed on my credit report. So I have a few questions to make sure I got everything covered:

1. Can they collect on a debt that was removed and never was reported again by the original creditor?

2. If I never received any information before getting a summons aren't they in violation of the FDCPA?

3. Since reporting a debt is considered collection activity is LVNV trying to circumvent the law by sending the summons hoping to get a default judgement because they nor the original creditor which I've disputed isn't reporting the debt?

4. I used Lexington Law and I still have the emails showing the original creditor removing the debt, can I just print this also as evidence especially with them being the company sent emails?

Once again this account isn't present on my credit report and help is greatly appreciated.

 

Thanks!

 

 

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They aren't required to contact you before filing a lawsuit. 

Unless you can prove this debt isn't yours, or that you paid or ithe in full at some prior time, arbitration is your best shot at making this go away, assuming you're lucky enough to have that as an option. 

Take a look at your original card agreement and see if it has an arbitration clause. 

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52 minutes ago, MAX21 said:

1. Can they collect on a debt that was removed and never was reported again by the original creditor?

Yes.  They are not required to report in order to collect.

Part of the sale of bad debts is that the OC remove the trade line so that a consumer does not have a FCRA counter claim to a lawsuit by the JDB.

52 minutes ago, MAX21 said:

2. If I never received any information before getting a summons aren't they in violation of the FDCPA?

No.  Only one state has a "right to cure" and requires that you have notice before being sued and 30 days to cure the debt before they can file and that is North Carolina.

53 minutes ago, MAX21 said:

3. Since reporting a debt is considered collection activity is LVNV trying to circumvent the law by sending the summons hoping to get a default judgement because they nor the original creditor which I've disputed isn't reporting the debt?

No.  The courts are deeply divided on whether reporting a trade line is even collection activity and until someone tests it all the way to SCOTUS it will remain that way.

54 minutes ago, MAX21 said:

4. I used Lexington Law and I still have the emails showing the original creditor removing the debt, can I just print this also as evidence especially with them being the company sent emails?

BAD plan.  That is essentially admitting to the court the debt is yours.

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Clydesmom I got what you said on #1, for #2 I saw case law where I live which shows that a summons must conform to 1692g which theirs didn't do.  As for #4 how could that be admitting to the court that the debt is mine when I originally disputed it and had it removed as not being mine in the first place? To me that's a powerful argument against them trying to collect. 

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27 minutes ago, MAX21 said:

Clydesmom I got what you said on #1, for #2 I saw case law where I live which shows that a summons must conform to 1692g which theirs didn't do.  As for #4 how could that be admitting to the court that the debt is mine when I originally disputed it and had it removed as not being mine in the first place? To me that's a powerful argument against them trying to collect. 

The FDCPA was amended in 2006 to include 1692g(d) which states that a summons and complaint is not an initial communication requiring the 1692g notice.

What ruling did you read?

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2 hours ago, BV80 said:

The FDCPA was amended in 2006 to include 1692g(d) which states that a summons and complaint is not an initial communication requiring the 1692g notice.

What ruling did you read?

Yes I saw that, It's other current case law that I'm relying on in my upcoming motions. 

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44 minutes ago, MAX21 said:

Yes I saw that, It's other current case law that I'm relying on in my upcoming motions. 

What case law regarding 1692g?   What upcoming motions?

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