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I am being sued by LVNV Funding in Bernalillo County, NM.  I need to file a response this week. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough?

Do I send this by certified mail to LVNV's attorneys? And then file with the clerk, or vice versa?

I think the attorney violate a NM statute, which I can't find at the moment. It says you can't produce a debt collection bill on stationery unless you are in face a debt collector. But this attorney included a letter to call his office to settle the account or pay online (attached).

There are other discrepencies in their claim vs. "the 2017 contract," though my contract would have been in 2014. The contract reads the case would be settled by an arbitrator, not a Metropolitan Court judge. The trail of receipts does not name me or the original lender.

THANK YOU FOR YOUR HELP AND ANY INSIGHTS!

PDF ATTACHED.

1. Who is the named plaintiff in the suit?  > LVNV FUNDING LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) > MACHOL AND JOHANNESS LLLP

3. How much are you being sued for? > $1097.49 + ATTORNEY FEES

4. Who is the original creditor? > CREDIT ONE BANK, N.A.

5. How do you know you are being sued?  > RECEIVED SUMMONS AND COMPLAINT

6. How were you served?  > IN PERSON BY PROCESS SERVER

7. Was the service legal as required by your state? > AS FAR AS I KNOW.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  NONE THAT I KNOW OF.  NEVER HEARD OF LVNV BEFORE.

9. What state and county do you live in? > BERNALILLO COUNTY, NM

10. When is the last time you paid on this account? 2015 or 2016

11. What is the SOL on the debt? 4 YEARS? 6 YEARS? Unsure

12. What is the status of your case? SUIT SERVED

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO

14. Did you request debt validation before the suit was filed? NO

15. How long do you have to respond to the suit?  20 DAYS, NOW ENTERING 2nd WEEK - SORRY!

 16. What evidence did they send with the summons?  BILL OF SALE AND ASSIGNMENT;  REDACTED XLS SPREADSHEET, COPY of 2017 (vs. 2014) CONTRACT

 

redacted.pdf

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