CaliGirl76

Help please/ Also sued by LVNV in California

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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.)

MANDARICH LAW GROUP, LLP

3. How much are you being sued for?

$20K

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

CITIBANK 

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

I WAS SERVED ON 2.22.19 (NOT PERSONALLY, GIVEN TO THE PERSON WHO OPENED THE DOOR AT MY HOUSE)

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

IN PERSON

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

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?

NOTHING, 

9. What state and county do you live in?

CALIFORNIA, TULARE COUNTY.

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

04.07.17

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

2007

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

4 YEARS

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).

SERVED 5 DAYS AGO.

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 disputing after being sued 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?

30 CALENDAR DAYS

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.

EXHIBIT A.  COPY OF MY LAST PAYMENT AND ACCOUNT WAS ACTIVE

EXHIBIT B.  COPY OF FINAL BILLING STATEMENT 

18.  How did you find out about this site?

I DID NOT EVEN KNOW WHO LVNV WAS AND BY READING AS MUCH AS I COULD ABOUT STEPS TO TAKE AFTER SUED

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

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

 

Hello, I have been reading different treads and even though I am extremely scared, I think if I follow the suggestions on this page, I might have a chance to beat LVNV. I am not sure if I should hire or not an attorney or fight it myself. It is a limited civil case. Today I received a call that went to voicemail from an attorney(he is not listed as one of the attorneys for Plaintiff), He said he was calling in an attempt to collect a debt and to call them back. I understand my first step is to send the plaintiff a BOD (and expect a respònse within 30 days).A few days before I file my General Denial, and send both copies to them certified mail. I am not sure If I also have to file a document  denying the complaint when I file my General Denial? I read that I could loose my chances for arbitration. Not sure, Please help 

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Okay, from what you described you were Substitute Served - meaning the summons was given to an adult (not you) at your residence (or place of business). They are still required to place a additional copy of the summons in the mail and send it to you, service is considered complete on the 10th day after that 2nd copy is placed in the mail...then the 30 days begins. So, in summary, wait for the copy that comes in the mail and whatever date they state it was mailed... you have 40 days from then to file your answer.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=415.20

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Yes, you can send a BOP (Bill of Particulars) right away. There some examples in the CA threads. As far as arbitration goes, I don't know if that's the best course in your case, you may be better off fighting via trial. I didn't use arbitration, nor am I versed in the procedures - but as understand it, the appeal of compelling arbitration is that it makes most cases cost-prohibitive to a plaintiff. They may be saddled with most of the costs, which would be several thousands of dollars, so they often back down because it doesn't make sense to pay $5,000 (or more) in arb fees in order to win a $3,000 case. But since you're being sued for $20K, they might find it worth the cost. Hopefully a few others will chime in with their opinion.

If you do fight via trial, know that CA laws are favorable to defendants in these cases. In CA, a JDB like LVNV bears the burden of proof in this case. You do not. This enables you to focus solely on playing defense. LVNV will likely need your help to prove their case, meaning they will need you to admit to it in some form or another; your best strategy, in a trial case, is to deny them any such help.

Read this thread for more on trial strategy: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

 

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22 minutes ago, RyanEX said:

Yes, you can send a BOP (Bill of Particulars) right away. There some examples in the CA threads. As far as arbitration goes, I don't know if that's the best course in your case, you may be better off fighting via trial. I didn't use arbitration, nor am I versed in the procedures - but as understand it, the appeal of compelling arbitration is that it makes most cases cost-prohibitive to a plaintiff. They may be saddled with most of the costs, which would be several thousands of dollars, so they often back down because it doesn't make sense to pay $5,000 (or more) in arb fees in order to win a $3,000 case. But since you're being sued for $20K, they might find it worth the cost. Hopefully a few others will chime in with their opinion.

If you do fight via trial, know that CA laws are favorable to defendants in these cases. In CA, a JDB like LVNV bears the burden of proof in this case. You do not. This enables you to focus solely on playing defense. LVNV will likely need your help to prove their case, meaning they will need you to admit to it in some form or another; your best strategy, in a trial case, is to deny them any such help.

Read this thread for more on trial strategy: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

 

Thank you very much for your message. I wasn’t even sure about trial or arbitration. I believe I was a bit confused with all the blogs I read, wrote down most of the info and steps to take. I an extremely glad to hear that CA is a state favorable to defendant. I’ll wait for the documents on the mail and keep you posted. Thank you very much 

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