Jump to content

Settled Lawsuit from 2008


Recommended Posts

I received a letter from Stenger and Stenger Jan 6th from them about a debt owed to LVNV Funding about around $1500 I owed them. I requested Debt Validation letter and received back (today).

The Original Creditor was GE Money Ban charged off back in 2004. The Account was open on Jan 29, 1999 and under my name and social. a lawsuit was entered against me  and a judgement against me on June 17, 2008, which they sent a copy of and later purchased by LVNV. I was unaware of the lawsuit, and judgement against me, so now i'm not sure what my steps should be.

 

Thanks in advanced.

Link to comment
Share on other sites

2 hours ago, Dispaminite said:

I was unaware of the lawsuit, and judgement against me, so now i'm not sure what my steps should be.

Get copies of everything in the court files if they even still exist.  Especially how you were served.  You need to move quickly and file a motion to vacate the judgment.  There is not much time you might want to consider consulting a consumer attorney to handle it for you.

Link to comment
Share on other sites

So I did a quick search on the city where the lawsuit happens' website. Here's what I found. I see that I was sent a summons by certified mail back in 2008, signed by someone else who never bothered to let me know, in case this helps or hurts me and I should know. 

 

Quote

03/10/2008

    • CASE WAS FILED WITH COURT
    • CIVIL FILING FEE FOR 1 DEFENDANT $76.00
    • CERTIFIED MAIL POSTAGE $7.00
    • PAYMENT - RECEIPT NO. 8000765 IN THE AMOUNT OF $ 83.00
    • DEPOSIT - RECEIPT NO. 8000766 IN THE AMOUNT OF $ 13.00
    • SUM WAS ISSUED BY CERT MAIL
    • TO: ####
    • CERT MAIL # ####

03/12/2008

    • SERVICE ON ####
    • RE: SUM DOCUMENT
    • CERT MAIL # ###
    • SIGNED BY #### (Not Me)

03/13/2008

    • CERT MAIL RETURNED ON ###
    • RE: SUM DOCUMENT
    • CERT MAIL # ###

05/23/2008

    • DEPOSIT - RECEIPT NO. ### IN THE AMOUNT OF $ 4.00
    • CASE SET FOR A DEFAULT HEARING ON 06/17/2008 AT 1:30 PM
    • NOTICE OF DEFAULT JUDGEMENT HEARING DATE SENT TO DEFT &
    • PLTF ATTY

06/17/2008

    • IT IS ORDERED ADJUDGED & DECREED PLTF HAVE & RECOVER OF
    • DEFT SUM OF $1116.14 PLUS INT THEREON @ STAT RATE OF 8%
    • FROM DATE OF JUDGMT THEREON PLUS CT COSTS.

06/23/2008

    • JOURNAL ENTRY $10.00
    • MOTIONS/REQUESTS $10.00
    • DEPOSIT WAS PAID OUT AMOUNT $ 17.00

07/09/2008

    • PAYMENT - RECEIPT NO. #### IN THE AMOUNT OF $ 3.00

09/15/2010

    • AFFIDAVIT AND ORDER AND NOTICE OF GARNISHMENT OF PROPERTY
    • OTHER THAN PERSONAL EARNINGS AND ANSWER OF GARNISHEE FILED.
    • NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF OTHER THAN
    • PERSONAL EARNINGS FILED.
    • GARNISHMENT FEE-BANK $40.00
    • GARNISHMENT FEE-BANK $-5.00
    • E-CERTIFIED MAIL # ###
    • ISSUED ON: 09/15/2010 TO: U S BANK
    • SENT BY: MURRAY
    • PRAECIPE FILED REQUESTING SERVICE OF ORDER OF GARNISHMENT BY
    • CERTIFIED MAIL UPON: ####
    • ###

09/16/2010

    • PAYMENT - RECEIPT NO. #### IN THE AMOUNT OF $ 35.00

09/24/2010

    • ANSWER OF GARNISHEE (US BANK) FILED. NO FUNDS AVAILABLE.
    • COPY TO PLAINTIFF'S ATTORNEY.

09/29/2010

    • E-CERTIFIED MAIL #### REFERENCE # ####
    • SERVED ON: 09/20/2010 TO: U S BANK

12/21/2011

    • MOTION OF JUDGMENT CREDITOR FOR ORDER OF GARNISHMENT OF
    • OTHER THAN PERSONAL EARNINGS AND COURT ORDER AND NOTICE OF
    • GARNISHMENT FILED.
    • NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF PROPERTY
    • OTHER THAN PERSONAL EARNINGS FILED.
    • GARNISHMENT FEE-BANK $40.00
    • PRAECIPE FILED REQUESTING SERVICE OF ORDER OF GARNISHMENT BY
    • CERTIFIED MAIL UPON: ####
    • E-CERTIFIED MAIL # ####
    • ISSUED ON: 12/21/2011 TO: U. S. BANK
    • SENT BY: MURRAY

12/22/2011

    • PAYMENT - RECEIPT NO. ####IN THE AMOUNT OF $ 40.00

01/03/2012

    • E-CERTIFIED MAIL # #### 3957 REFERENCE # 5032
    • SERVED ON: 12/28/2011 TO: ####

01/04/2012

    • ANSWER OF GARNISHEE/BANK FILED. NO FUNDS AVAILABLE. COPY TO
    • COUNSEL FOR PLAINTIFF.

01/05/2012

    • NOW COMES THE PLAINTIFF, BY AND THROUGH COUNSEL, AND
    • NOTIFIES THIS COURT THAT SHERMAN ORIGINATOR III LLC IS NOW
    • THE HOLDER OF THE CLAIM WHICH IS THE SUBJECT OF THIS
    • ACTION. AS SUCH, ALL FURTHER PLEADING ENTERED IN THIS CASE
    • WILL REFERENCE THE PLAINTIFF AS SHERMAN ORIGINATOR III LLC.

12/18/2013

    • NOTICE OF ASSIGNMENT FILED

05/16/2014

    • MOTION OF JUDGMENT CREDITOR FOR ORDER OF GARNISHMENT OF
    • OTHER THAN PERSONAL EARNINGS AND COURT ORDER AND NOTICE OF
    • GARNISHMENT FILED.
    • NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF PROPERTY
    • OTHER THAN PERSONAL EARNINGS FILED.
    • GARNISHMENT FEE-BANK $40.00
    • PRAECIPE FILED REQUESTING SERVICE OF ORDER OF GARNISHMENT BY
    • CERTIFIED MAIL UPON: ###
    • E-CERTIFIED MAIL # ####
    • ISSUED ON: 05/16/2014 TO: ####
    • SENT BY: DIANE
    • PAYMENT - RECEIPT NO. #### IN THE AMOUNT OF $ 40.00

05/29/2014

    • E-CERTIFIED MAIL # #### REFERENCE # 8
    • SERVED ON: 05/19/2014 TO: ####

 

Link to comment
Share on other sites

https://www.lexology.com/library/detail.aspx?g=d0b0a7df-3ff4-4823-a25a-3204c0b826a2

The judgement becomes dormant 5 years after the last activity. It can however be revived by court action if the creditor wants to execute it. At best, this judgement is good until 2023.

It looks like they have tried to garnish wages and levy bank accounts and have failed. Maybe this is why the debt was sold. Do you still not have any assets today?

If indeed they are asking for $1500, I would consider that a deal. 8% interest on about $1200 which include court costs would be closer to $3000 by now.

I also think it will be very hard to vacate the judgement since it sounds like you were properly served and it is not the plaintiffs fault that your roommate did not inform you or give you your mail (they would tell you to go after your roommate).

Link to comment
Share on other sites

Due to reasons beyond my control (illness in the family) i had a long period of time where I was unemployed and living rent free and making no money. That changed in 2015. I recently rented a apartment and leasing a new car (my old car crapped out) and slowly rebuilding credit, ect. 

I have no real assets to speak, though my mother (who's up there in years) added me to her checking, in case something happened to her. Other than that, I have my own checking account. No credit cards to speak of. 

My preference is just to be done with this, but I definitely can't afford to give $1600 over.

Link to comment
Share on other sites

That is why they are now looking to collect. They see that you are doing better. I doubt you are going to get this vacated at this point and if you don't do something, they will either garnish your wages or even tap your mother's bank account. It would not be very hard for them to revive the judgement to do that. They can also do a debtors exam to ask questions to find assets (such as accounts you are named on) and you don't dare lie on that because then you can get charged with perjury.

You can try to settle but they have the upper hand here.

Link to comment
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.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.