alwayswinning36

suit filed by LVNV Funding in Texas

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so I have been sued by lvnv in texas. The law firm representing them is Scott and Associates. So far they've merely filed a petition. I know no evidence has to presented to be filed, though. 

So far for my answer I am using the typical general denial and three affirmative defenses. Those are, lack of standing, agreement to arbitrate and statute of frauds. The O.C is credit one bank. 

Unbeknownst to me seems the OC made boo-boos on the reporting of the account. As there is a different last payment and delinquency date on each CR entry. Calling them for information did nothing as they claimed id have to speak with the debt collection company. That sings to me "we don't keep good enough records to tell you a damn thing". 

In the plea of my answer I am pointing to arbitration but not sure if the recent agreement I can google would have applied to an account alleged to been opened in 2015. I was told by OC last payment made on account was August of 2016. How could I find out which agremeent would have been in effect in September of 2015?

My intentions are to file a motion to compel arbitration, as well as a motion to seek discovery. Might as well beat them at their own game. Right? Any ideas? It may be note worthy the Google searched version of a credit one bank cardholder agreement has some small claims exception for claims brought by "you or us on an individual basis in small claims" or something to that affect. They just didn't want class actions I suppose. 

 

Thank you. Answer hasn't been filed yet. I know I am being sued because I was served at home. Service was properly performed. 

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9 hours ago, alwayswinning36 said:
 

so I have been sued by lvnv in texas. The law firm representing them is Scott and Associates. So far they've merely filed a petition. I know no evidence has to presented to be filed, though. 

So far for my answer I am using the typical general denial and three affirmative defenses. Those are, lack of standing, agreement to arbitrate and statute of frauds. The O.C is credit one bank. 

Unbeknownst to me seems the OC made boo-boos on the reporting of the account. As there is a different last payment and delinquency date on each CR entry. Calling them for information did nothing as they claimed id have to speak with the debt collection company. That sings to me "we don't keep good enough records to tell you a damn thing". 

In the plea of my answer I am pointing to arbitration but not sure if the recent agreement I can google would have applied to an account alleged to been opened in 2015. I was told by OC last payment made on account was August of 2016. How could I find out which agremeent would have been in effect in September of 2015?

My intentions are to file a motion to compel arbitration, as well as a motion to seek discovery. Might as well beat them at their own game. Right? Any ideas? It may be note worthy the Google searched version of a credit one bank cardholder agreement has some small claims exception for claims brought by "you or us on an individual basis in small claims" or something to that affect. They just didn't want class actions I suppose. 

 

Thank you. Answer hasn't been filed yet. I know I am being sued because I was served at home. Service was properly performed. 

If you are going to MTC arbitration, you do not request discovery.

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What is the amount you are being sued for?

Scrap the "statute of frauds" defense.  That would only cause you to appear as an idiot before the court.

File a general denial immediately then think about what your next move will be.

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11 hours ago, texasrocker said:

What is the amount you are being sued for?

Scrap the "statute of frauds" defense.  That would only cause you to appear as an idiot before the court.

File a general denial immediately then think about what your next move will be.

No SOF defense? LVNV is reporting that i have an account with them with a term of one month that I never paid. The amount is $1,118. Looking at the card agreements archive there isnt one for credit one bank from 2015 that I can find that to see if it had an arbitration agreement. But Q4 of 2014 shows a small claims exception to arbitration. So trying to force that may not work either. Unless those rights weren't sold or transferred to LVNV. 

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1 hour ago, alwayswinning36 said:

And why is that?

Because engaging in litigation can waive the right to demand arbitration.    In regard to the statute of frauds, it does not apply to credit card agreements.  From the TX Code 26.02(2).

(2) "Loan agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, pursuant to which a financial institution loans or delays repayment of or agrees to loan or delay repayment of money, goods, or another thing of value or to otherwise extend credit or make a financial accommodation. The term does not include a promise, promissory note, agreement, undertaking, document, or commitment relating to:

(A) a credit card or charge card

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7 hours ago, BV80 said:

Because engaging in litigation can waive the right to demand arbitration.    In regard to the statute of frauds, it does not apply to credit card agreements.  From the TX Code 26.02(2).

(2) "Loan agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, pursuant to which a financial institution loans or delays repayment of or agrees to loan or delay repayment of money, goods, or another thing of value or to otherwise extend credit or make a financial accommodation. The term does not include a promise, promissory note, agreement, undertaking, document, or commitment relating to:

(A) a credit card or charge card

Well i am pretty sure there's a small claims exception in the arbitration agreement. So what have you got for that?

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1 hour ago, alwayswinning36 said:

Well i am pretty sure there's a small claims exception in the arbitration agreement. So what have you got for that?

What do you mean what do I have for it?

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7 hours ago, alwayswinning36 said:

Well i am pretty sure there's a small claims exception in the arbitration agreement. So what have you got for that?

Small claims courts were abolished in Texas in 2013.  

We are not out to dispense any erratic information so please refrain from arguing with us as if we are working against you.  We are here to help.

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5 hours ago, texasrocker said:

Small claims courts were abolished in Texas in 2013.  

We are not out to dispense any erratic information so please refrain from arguing with us as if we are working against you.  We are here to help.

Abolished? I'm confused now. So you're saying they can. Or cannot sue in small claims court for the debt?

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5 hours ago, texasrocker said:

Small claims courts were abolished in Texas in 2013.  

We are not out to dispense any erratic information so please refrain from arguing with us as if we are working against you.  We are here to help.

Oh. Justice Court. So essentially you're saying to use the defense that justice court isn't small claims court?

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On 8/28/2020 at 10:05 AM, texasrocker said:

Excellent.  One of my favorite words, "non-suit"

Yeah, it was a surprise. A pleasant one. The attorney for the plaintiff hadn't responded to my email from the week prior. Emailed to ask a question and he emailed the non-suit. Apparently if it looks like you're going to fight they may not pursue it much if its a rather small amount.  Especially if you have any counterclaims at all you may be able to assert. 

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On 8/30/2020 at 11:57 PM, alwayswinning36 said:

Yeah, it was a surprise. A pleasant one. The attorney for the plaintiff hadn't responded to my email from the week prior. Emailed to ask a question and he emailed the non-suit. Apparently if it looks like you're going to fight they may not pursue it much if its a rather small amount.  Especially if you have any counterclaims at all you may be able to assert. 

Scott and associates are about as wimpy as Rausch, Strom and co.  Too lazy to do any work if they don’t automatically get granted a default judgment when the vast majority of defendants fail to even file an answer.

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On 9/2/2020 at 9:26 AM, texasrocker said:

Scott and associates are about as wimpy as Rausch, Strom and co.  Too lazy to do any work if they don’t automatically get granted a default judgment when the vast majority of defendants fail to even file an answer.

I would have to agree I suppose. They didn't really put up any fight at all. Pretty much just ended up letting it go. They also don't pay much attention to detail. They were suing me in a separate matter for a different client in the wrong county even. When they sent me "debt validation" to my current address, which again the suit was filed in the wrong county, that validation they sent was literally going to beat their own behind in court, too. If they had paid closer attention, their client didn't even have the legal right to sue for the alleged debt to begin with. But we never even got to that. They non-suited that issue also the day after I filed a motion to dismiss citing lack of subject matter and lack of personal jurisdiction. I was never served with the suit and had proof they knew, or did know my correct address and location which was attached the MTD. I knew they were going to non-suit once they received that little jewel. Even better they don't intend to pursue it further. I was honestly hoping they would re-file just so I could make them look stupid.

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