Sued in California by LVNV Funding LLC...am I a lost cause?

[chonico]

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.

3. How much are you being sued for?

$3,000

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

WebBank 

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

Served.

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

In Person

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

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None.

9. What state and county do you live in?
Orange County, California

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

The account was closed in 2015.

11. What is the SOL on the debt? To find out: 

4 Years

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

Case management conference scheduled for the 20th of this month.

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No.

15. 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? 

I already filed an answer in January, a general denial

Complaint Stated:

   1)   Open book account for money due
   2)  Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff

3) for money lent by plaintiff to defendant at defendant's request

4) for money paid, laid out, and expended to or for defendant at defendant's special instance and request

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

Last statement, account summary report including:

-original creditor, account acquired from Santander (they also included a incorrect address which is why I never received a collections notice), ownership history (WebBank, Santander, Sherman Originator, LVNV Funding)

 

I barely discovered this site 2 weeks ago, I didn't know that there was such a site that existed. I'm just a bit scared and confused, I'm a college student and this is my first time being sued...all this information is scary, confusing, and completely over my head. I sent BOP two weeks ago and received it 3/9. In the BOP it states:

"Plaintiff objects to defendant's attempt to use a BOP demand to request outside the scope and requirements of a BOP demand thereby placing an undue burden on plaintiff. Plaintiff hereby complies with defendant's demand for BOP by attaching printouts of such available documents as may be located after a reasonable and diligent search. However, in accordance with Regulation Z, truth in lending, plaintiff's predecessor is required to keep documents on open-ended accounts for a period of 24 months. After that, the documents may be destroyed. A creditor shall retain evidence of compliance with this regulation for ...2 years after the date disclosures are required to be made or action is required to be taken. Plaintiff reserves the right to supplement this response at such time as any missing transactions are located"

In the documents they sent, they sent over the statements, bill of sale (with all signatures) & transfer + a bunch of redacted info. In the BOP I sent I requested "the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction." using the template.

I don't know what to do, I'm scared and waited until the last minute because I'm intimidated from this whole process. Am I supposed to file anything before the case management conference on the 20th? It is currently the 10th. At this point, what are my options? 

Thank you all for reading this novel.

[nobk4me]

Look into the arbitration strategy.

[chonico]

8 hours ago, nobk4me said:

Look into the arbitration strategy.

I've been researching here: 

But it states that "t is imperative that when you file an answer, you mention arbitration as a defense.  In some states, if you do not raise arbitration as part of the answer, the court can rule that you waived your right to arbitration.  In your answer, after you deny all allegations in the complaint, you should create a new section with the following title:  “Affirmative Defense”.  Under this heading you will state “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”." 

I did not include arbitration in my answer. So I'm confused if I'm even able to file a MTC to arbitrate. 

 

[nobk4me]

Maybe you can amend your answer?

[sadinca]

On 3/10/2018 at 11:45 AM, chonico said:

"Plaintiff objects to defendant's attempt to use a BPlaintiff hereby OP demand to request outside the scope and requirements of a BOP demand thereby placing an undue burden on plaintiff. complies with defendant's demand for BOP by attaching printouts of such available documents as may be located after a reasonable and diligent search. However, in accordance with Regulation Z, truth in lending, plaintiff's predecessor is required to keep documents on open-ended accounts for a period of 24 months. After that, the documents may be destroyed. A creditor shall retain evidence of compliance with this regulation for ...2 years after the date disclosures are required to be made or action is required to be taken. Plaintiff reserves the right to supplement this response at such time as any missing transactions are located"

In the documents they sent, they sent over the statements, bill of sale (with all signatures) & transfer + a bunch of redacted info. In the BOP I sent I requested "the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction." using the template.

I don't know what to do, I'm scared and waited until the last minute because I'm intimidated from this whole process. Am I supposed to file anything before the case management conference on the 20th? It is currently the 10th. At this point, what are my options? 

Thank you all for reading this novel.

feeling scared in these situations is a normal feeling. i've been there. however when applicable right, california laws, civil procedures and caselaws can be used in your favor. 

how many months of statements were attached to their bogus objection?