DrummerGuy

Need Help with LVNV Funding LLC Lawsuit in Mississippi

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I received a summons from LVNV Funding LLC regarding a Credit One Bank account. I filed an answer and filed a request for production with the court.

They responded with monthly statements from the beginning of time as requested. However, they did not produce a signed credit application as requested, nor did they produce an executed contract between myself and Credit One Bank that I was alleged to have agreed to. They did not answer as to why they could not produce those documents as requested either.

Finally, after researching the names of the notary and the affiant on the Affidavit attached to the summons I have learned they work for Resurgent Capital - a debt collection company contracted by LVNV Funding, LLC.

How would they have personal knowledge of LVNV's creation of accounts?

How should I proceed from here? I have attached files with items redacted for privacy and security.

LVNV Funding LLC Affidavit Submitted.jpg

LVNV Response to my Answer.jpg

My Responae LVNV Funding LLC Summons .jpg

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5 hours ago, Goody_Ouchless said:

Prepare to settle. Probably too late for arbitration and they have provided more than enough evidence to win their case.

Thank you. I guess I will call tomorrow and see what we can agree on.

I am currently unemployed and have no resources. How should I approach this when I call to discuss? 

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@Goody_Ouchless, I just went to court this morning.

The judge agreed with me that the statements did not prove anything as they were not certified by an affidavit to be true records, per Mississippi Rules of Civil Procedure, and anybody could get statements.

He agreed that since they were suing based on a contract and had not provided a signed contract, as they should have per Mississppi Rules of Civil Procedure, that they could not prove they owned the debt.

He agreed that since they could not prove assignment via a sales record, that they had no standing.

He agreed that since they did not attach records to the affidavit, that the affidavit was submitted in bad faith.

He agreed that since the affiant and the notary both worked for Resurgent Capital Services, L.P. that their personal knowledge of the creation and maintenance of records by LVNV were suspect.

He agreed that since both the affiant and the notary are both notaries employed by Resurgent Capital Services, that it did raise the appearance and question of robo signing.

He agreed that, according to Mississippi Rules of Civil Procedure, since the Plaintiff did not answer all of my request for discovery that it should be treated as a failure to answer, which could be ruled as contempt of court. He did not cite them for contempt, however. 

There is so much that happened back and forth it would take too long to write. In the end, the judge ruled in my favor and dismissed the case with prejudice. The opposing attorney congratulated me on the win and asked me if I needed a job.

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This is what I submitted answering the complaint. I also submitted a request for documentation. I also found that the affiant that signed the affidavit works Resurgent Capital. I couldn't find anything on the notary. I am still researching that. Can you send outline of notes you took to court?

image.png.12020697ec4c81e54a7c390330c85089.pngimage.thumb.png.5afe86b49d1da63cd82dba466156b7c7.png

image.png.6d62977c7aaa282071915b4a11369b39.png

image.png.7190d3701dd4166d8865e26bb3429548.png

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