Recommended Posts

1. Who is the named plaintiff in the suit? Current Owner: LVNV Funding LLC    Previous Creditor: Webbank 

2. What is the name of the law firm handling the suit?  Guglielmo & Associates 

3. How much are you being sued for?  3500

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

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) family member was served 

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?  N/A

9. What state and county do you live in?  Maricopa County, AZ 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  in 2017

11. When did you open the account (looking to establish what card agreement may be applicable)?  06/2016

12. What is the SOL on the debt? To find out:  7 years

13. What is the status of your case? Suit served? Motions filed?  Court Date of Nov 2019. Motions to compel arbitration has been initiated 

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').  Unfortunately, no.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  Just a loan agreement and promissory note and a letter that states that Avant sold my loan to Sherman Originators III LLC c/o Resurgent Capital Services LP

 

Hey Guys ! I would really love your help. I have been doing some research on this site for some time but all of this is becoming too much and I'm just hoping for some guidance. I have already initiated an arbitration to compel but the Plaintiff response is that I can not compel arbitration because the loan agreement and promissory note is with the original collector. They are requesting for the judge to deny my motion to compel arbitration and stay the matter for 30 days to allow defendant to initiate arbitration. Also, the sent me a letter telling me that arbitration will be too costly and they are willing to settle for around $800. They have also requested for a telephonic appearance for the pretrial... idk if I should comply with this request or fight for a physical appearance. I received the Motion to stay the matter on 09/19 and the telephonic appearance on 09/11 (which I really do not know how to object to). I need to respond ASAP!

I would really appreciate some help. Especially from those in AZ ! I would especially love the assistance of @shellieh98 or anyone who has dealt with LVNV and/or Guglielmo . Thanks !

Share this post


Link to post
Share on other sites

I’m going through the forum trying to figure out how to respond to the telephonic appearance and the motion to stay for 30 days. Would I need to provide case examples in my response? I really need some help! 

Share this post


Link to post
Share on other sites
13 hours ago, azsunset said:

They are requesting for the judge to deny my motion to compel arbitration and stay the matter for 30 days to allow defendant to initiate arbitration.

This doesn't make sense - how can they both oppose arbitration and also want you to initiate? The fact that they offered a low-ball settlement means that they won't arbitrate, so you should probably counter with mutual walk away.

 

Share this post


Link to post
Share on other sites
6 minutes ago, Goody_Ouchless said:

This doesn't make sense - how can they both oppose arbitration and also want you to initiate? The fact that they offered a low-ball settlement means that they won't arbitrate, so you should probably counter with mutual walk away.

 

Thank you so much for your response! Yes, I was confused as well. The response they provided to my MTC Arbitration was the Motion to Stay for 30 days. But then they sent a letter stating that arbitration would be too expensive for me and that LVNV would just like to settle for $850. How would I counter for a mutual walk away? 

Share this post


Link to post
Share on other sites
56 minutes ago, azsunset said:

How would I counter for a mutual walk away?

Tell them you'll abandon your right to take them to arbitration in exchange for them dismissing their lawsuit with prejudice

Edit: i would also make them agree to not sell or transfer the debt. That way you won't have another JDB sending you letters in 6 months. 

Share this post


Link to post
Share on other sites
On 9/23/2019 at 1:31 PM, Harry Seaward said:

Tell them you'll abandon your right to take them to arbitration in exchange for them dismissing their lawsuit with prejudice

Edit: i would also make them agree to not sell or transfer the debt. That way you won't have another JDB sending you letters in 6 months. 

Alright thank you! I think I misinterpreted the Stay for 30 days. I reread it and basically they said that I didn’t compel arbitration correctly so does it mean they are suggesting that the court should give me 30 days to compel arbitration the correct way through JAMS or AAA. Do you guys think I should go ahead and initiate arbitration? I was reading on other forums that LVNV doesn’t like to arbitrate and they usual forfeit the case.

Share this post


Link to post
Share on other sites

Back in the old days, we didn’t file MTCs. We filed for stays for arbitration.  Then we initiated arbitration.  Same thing.  The plaintiffs who fold for arbitration fold whether arbitration came from a motion to stay or a motion to compel.  

 

So go ahead and file in arbitration.  In the meantime, reach out to their attorney about a mutual walkway.  Often you can get this before any fees are paid.  

Share this post


Link to post
Share on other sites
On 9/26/2019 at 5:14 AM, BackFromTheDebt said:

Back in the old days, we didn’t file MTCs. We filed for stays for arbitration.  Then we initiated arbitration.  Same thing.  The plaintiffs who fold for arbitration fold whether arbitration came from a motion to stay or a motion to compel.  

 

So go ahead and file in arbitration.  In the meantime, reach out to their attorney about a mutual walkway.  Often you can get this before any fees are paid.  

Okay, thank you! I'm just now seeing this. Would it be better to reach out to them by phone or send a letter?

Share this post


Link to post
Share on other sites
On 9/26/2019 at 8:14 AM, BackFromTheDebt said:

Back in the old days, we didn’t file MTCs. We filed for stays for arbitration.  Then we initiated arbitration.  Same thing.  The plaintiffs who fold for arbitration fold whether arbitration came from a motion to stay or a motion to compel.  

 

So go ahead and file in arbitration.  In the meantime, reach out to their attorney about a mutual walkway.  Often you can get this before any fees are paid.  

Is this a requirement for AZ?  Because if this were me, I would not file arbitration yet, I would just file my response to their opposition to my MTC and state there is no law or anything in the contract stating that arbitration must be filed before asking the court to order arbitration.  In fact, that would be pretty backwards IMO.  I would show the court that there is clear case law saying that the Defendant is clearly a party to the arbitration agreement, but if they are stating that they are not a party to the contract, then I would ask for a judgement in the Defendant's favor due to the Plaintiff knowingly filing a suit for which they are admittedly not the proper party in interest.

If they emailed you the settlement offer, I would counter by email and I would attach my response to their opposition to MTC to the email and let them know it is being filed this week unless they want to settle for a mutual release and dismissal with prejudice.

Share this post


Link to post
Share on other sites
On 10/14/2019 at 7:52 AM, fisthardcheese said:

Is this a requirement for AZ?  Because if this were me, I would not file arbitration yet, I would just file my response to their opposition to my MTC and state there is no law or anything in the contract stating that arbitration must be filed before asking the court to order arbitration.  In fact, that would be pretty backwards IMO.  I would show the court that there is clear case law saying that the Defendant is clearly a party to the arbitration agreement, but if they are stating that they are not a party to the contract, then I would ask for a judgement in the Defendant's favor due to the Plaintiff knowingly filing a suit for which they are admittedly not the proper party in interest.

If they emailed you the settlement offer, I would counter by email and I would attach my response to their opposition to MTC to the email and let them know it is being filed this week unless they want to settle for a mutual release and dismissal with prejudice.

Thanks for your input! The timeframe for me to respond back to their MTC has already passed. I'm just going to contact them and ask for a mutual walk away and if they say no I'll just file for arbitration. I read in the arbitration strategy overview that I can file but not pay the fee up front- so I'll try that out and send the arbitration paperwork to the Plaintiffs and if they still don't budge at least ill have that information for my pre trial hearing.

 

I'll keep you guys updated!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.