LVNV Funding LLC response to summons see story

[MAX21]

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!

[WhoCares1000]

In short, it is not a violation of the FDCPA to simply sue you rather than try to talk to you first. One technically can be sued 1 day after the debt goes into default so a collector can simply start a suit without any contact (although it is bad form according to the court). Looks like LVNV is trying to avoid any FDCPA claims by simply going to court.

This would probably be a 2 prong fight. First would be the dispute of the debt itself and what that is about. The 2nd prong will be that LVNV does not have standing to sue.

[MAX21]

4 hours ago, WhoCares1000 said:

In short, it is not a violation of the FDCPA to simply sue you rather than try to talk to you first. One technically can be sued 1 day after the debt goes into default so a collector can simply start a suit without any contact (although it is bad form according to the court). Looks like LVNV is trying to avoid any FDCPA claims by simply going to court.

This would probably be a 2 prong fight. First would be the dispute of the debt itself and what that is about. The 2nd prong will be that LVNV does not have standing to sue.

Ok I agree with you. From the information I have it looks like they don't have a leg to stand on. I just wanted to make sure I have all angles covered.

[kraftykrab]

12 hours ago, MAX21 said:

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!

Hi,

 

1--There is no link in the law between a lawsuit and the debt being reported on your credit.  Some creditors do not report at all, and nothing in the law says they have to.  The law--the FCRA--only specifies that if they do choose to report, they must report certain info, and it must be accurately reported.

2--There is no legal requirement for them to contact you first. 

3--Reporting on your reports is not considered collection activity in all states.  You would need to check the courts for that one, to see how they have ruled in your state.  But either way, whether or not they reported to the bureaus has no effect on whether or not they can sue to collect a debt.

4--On the old credit reports, when did the original creditor state the account first became past due? 

[BV80]

@MAX21

It's best to have only one thread at a time because it can become confusing if you have 2 threads with the same topic.  Would you like to keep this thread or your other one?