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Credit one suit c/o lvnv funding llc


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information: (revised 02-09-2012)

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

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.)

STENGER & STENGER

3. How much are you being sued for?

620 PLUS cost of fees

4. Who is the original creditor? (if not the Plaintiff) 

Credit one bank

5. How do you know you are being sued? (You were served, right?)

Received a summons

6. How were you served? (Mail, In person, Notice on door)

mail

7. Was the service legal as required by your state?

Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None as of yet

9. What state and county do you live in?

Ohio,  lorain county 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Aug 2 2016

11. When did you open the account (looking to establish what card agreement may be applicable)? 2016

12. What is the SOL on the debt? To find out: 4 year's 

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Nothing just the filing of summons

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

28 days 

No interrogation questionnaire 

First count nonpayment of account was charged off in March 2017

Second count unjust enrichment 

 

Knowingly retained  benefits derived from use of the account without having repaid the balance outstanding on the account. 

Retention of the benefits conferred upon the defendant under the circumstances would be unjust without requiring the defendants to make payments fur the same. 

Had unjustly enriched in the amount of the outstanding balance set forth, as defendant knew or should have known that the credit wad bout being privileged gratuitously. 

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

The last card statement

18. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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2 hours ago, Clydesmom said:

Credit One removed arbitration as an option in small claims suits.

I doubt this case was filed in Ohio's Small Claims division.  If it was, Page 4 of this document says you can ask to have it heard in Civil Division.  At that point, LVNV would have to make an argument that Ohio Civil Division is equivalent to Nevada's Small Claims Court.
https://www.supremecourt.ohio.gov/jcs/interpretersvcs/forms/english/5.pdf

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11 hours ago, Harry Seaward said:

I doubt this case was filed in Ohio's Small Claims division. 

I don't.  It is for $620.  LVNV would take the cheapest route especially considering 90% or more are default judgments requiring little effort on their part.

11 hours ago, Harry Seaward said:

If it was, Page 4 of this document says you can ask to have it heard in Civil Division.  At that point, LVNV would have to make an argument that Ohio Civil Division is equivalent to Nevada's Small Claims Court.
https://www.supremecourt.ohio.gov/jcs/interpretersvcs/forms/english/5.pdf

Getting it removed to a higher court to get a MTC ordered to get it out of court?  Good luck with that.  I am betting there isn't any case law supporting that.

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1 hour ago, Stuckohioan said:

No they can't,  so an arb or jams and what is jams?

You want the court to order LVNV to participate in arbitration, pursuant to the Credit One card agreement. The way you accomplish that is you file a motion to compel private contractual arbitration. 

The reason you want this to happen is because it will cost LVNV around $5,000 to get a $630 judgment for a debt they bought for next to nothing. As soon as the court orders them to arbitrate, they will dismiss the case and you walk away.

JAMS is just the name of one of the companies that handles credit card arbitration cases. AAA is another one. JAMS is better but either of will accomplish the same dismissal objective. 

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