Ihatelawsuits

LVNV Funding LLC Case Dismissed!!!

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This is kind of late but I was recently sued by LVNV Funding for a Credit One Bank account.  A huge thanks to Robby8900 who helped me with an Objection to Motion for Summary Judgment on the basis that there was an Arbitration clause and I did not give up my right to Arbitrate.   LVNV dismissed the case without prejudice the Friday before the Pre-Trial date.  Sure I could be sued again for the same account but at least I know how to fight it!!!  Thanks again!!!

Dismissal - Redacted.pdf

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1 hour ago, Ihatelawsuits said:
 
 

This is kind of late but I was recently sued by LVNV Funding for a Credit One Bank account.  A huge thanks to Robby8900 who helped me with an Objection to Motion for Summary Judgment on the basis that there was an Arbitration clause and I did not give up my right to Arbitrate.   LVNV dismissed the case without prejudice the Friday before the Pre-Trial date.  Sure I could be sued again for the same account but at least I know how to fight it!!!  Thanks again!!!

Dismissal - Redacted.pdf 81.64 kB · 1 download

Congrats and yes, they can sue you. The odds of them doing so are small because they are more interested in the easy cases that they can get defaults. They would spend too much money and time on you.

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I had a lawsuit from Big Egg and was sued by one debt collector and made it all the way to the trial where he dismissed it w/o prejudice after trying to get me to settle in the lobby.  Then it was sold to another debt collector and they also dismissed w/o prejudice but before the trial date.  

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11 hours ago, Ihatelawsuits said:
 
 

I had a lawsuit from Big Egg and was sued by one debt collector and made it all the way to the trial where he dismissed it w/o prejudice after trying to get me to settle in the lobby.  Then it was sold to another debt collector and they also dismissed w/o prejudice but before the trial date.  

If this ever happens again, on the 2nd time, motion for a dismissal with prejudice and bring up the 1st case and state that being continually sued on the same debt and dismissed is prejudical to your right to settle the matter and is costing you time and money everytime they do this. Same if they try again on the above alleged debt.

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4 hours ago, WhoCares1000 said:

If this ever happens again, on the 2nd time, motion for a dismissal with prejudice and bring up the 1st case and state that being continually sued on the same debt and dismissed is prejudical to your right to settle the matter and is costing you time and money everytime they do this. Same if they try again on the above alleged debt.

Will do, thanks for the advice!!

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It would be helpful if you created your own thread. We would need to know who the Original Creditor (OC) is so that we can determine if the arbitration strategy would work here since that is what the OC used.

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