JKD Posted May 4, 2021 Report Share Posted May 4, 2021 I got served on 4/29/21. I called LVNV but you can't talk to them anymore. Their accounts are handled by Resurgent. I have been paying on an LVNV account that I thought was for Credit One (I had set up a payment plan online through TrueAccord), but it was actually for something from 2001. I had no idea I was paying on something that old. So I would like any advice. I looked at Credit One's cc agreement and it looks like it was revised 12/31/20. My credit card is from 2017 so not sure of the differences. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? Matthew W. Cooper, Attorney, Scott & Associates 3. How much are you being sued for? $882.46 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 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) In Person 7. Was the service legal as required by your state? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had gotten on a payment plan (with TruAccord) for a credit card handled by LVNV. But it ended up being for a different account. 9. What state and county do you live in? Collin County, Tx 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2017, not outside of SOL. 11. When did you open the account? 2017 12. What is the SOL on the debt? August 2017 13. What is the status of your case? I need to file an answer by May 13. Suit served? Motions filed? Nothing yet 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. 15. Did you request debt validation before the suit was filed? Note: No 16. How long do you have to respond to the suit? 10 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Citation Original Petition Bill of Sale (from Credit One to MHC) Bill of sale ( from MHC to FNBM,LLC) Bill of Sale (from FNBM,LLC to Sherman Originator III, LLC) Bill of Sale (from MHC receivables to Sherman Originator III LLC) Transfer and Assignment (from Sherman Originator III, LLC to Sherman Originator LLC to LVNV) Exhibit A - Copy of spreadsheet listing the account history and transfer. Last couple Credit One bank statements. 18. How did you find out about this site? Google Quote Link to comment Share on other sites More sharing options...
wernda1234 Posted May 4, 2021 Report Share Posted May 4, 2021 @texasrocker 1 Quote Link to comment Share on other sites More sharing options...
texasrocker Posted May 4, 2021 Report Share Posted May 4, 2021 1 hour ago, JKD said: I got served on 4/29/21. I called LVNV but you can't talk to them anymore... Don't ever call a JDB or any attorneys representing them and don't answer any of their calls or letters. For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to. <Your name, address and phone number> File it with the court immediately and send a copy to the attorney's office that filed the lawsuit. Quote Link to comment Share on other sites More sharing options...
JKD Posted May 4, 2021 Author Report Share Posted May 4, 2021 Thank you @texasrocker. Do I just wait after that? What will they typically do after I file the general denial? Quote Link to comment Share on other sites More sharing options...
texasrocker Posted May 4, 2021 Report Share Posted May 4, 2021 2 hours ago, JKD said: Thank you @texasrocker. Do I just wait after that? What will they typically do after I file the general denial? No, don't "just wait." Read the archives of this forum every day and learn how we beat these idiots and decide how you want to defend your case. I don't expect this notoriously lazy law firm to put up much of fight over a $900 debt when they have folded time and again for triple or more than that but you need to be prepared and familiarize yourself with the rules and procedures of your court in case I am wrong. This is their third one appearing within a week that has changed hands four times so that tells us that three have already decided it was not worth pursuing and they likely paid about 5¢ per dollar to try to reel in a default judgment. Quote Link to comment Share on other sites More sharing options...
JKD Posted May 5, 2021 Author Report Share Posted May 5, 2021 @texasrocker Yep esp since it only costs $51 to sue someone in Texas where I live. What do they have to lose? Quote Link to comment Share on other sites More sharing options...
FunkQ Posted February 17, 2022 Report Share Posted February 17, 2022 I received this notice or summons on Saturday. If this is charged off why are they trying to collect on this? Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 17, 2022 Report Share Posted February 17, 2022 1 hour ago, FunkQ said: I received this notice or summons on Saturday. If this is charged off why are they trying to collect on this? Charged off does not mean the debt goes away and is not owed. It is still collectible. Please start your own thread so that we don’t confuse your issues with the issues of the original poster of this thread. Thank you. Quote Link to comment Share on other sites More sharing options...
MAH Posted March 26, 2022 Report Share Posted March 26, 2022 On 5/4/2021 at 2:27 PM, JKD said: Thank you @texasrocker. Do I just wait after that? What will they typically do after I file the general denial? On 5/4/2021 at 2:27 PM, JKD said: Thank you @texasrocker. Do I just wait after that? What will they typically do after I file the general denial? JKD what happened after you rely to the court?? I’m asking because I just got my docs today. Going to reply to the courts…. Quote Link to comment Share on other sites More sharing options...
Sylvia Posted June 7, 2022 Report Share Posted June 7, 2022 Has anyone faced these guys in court yet. I was served in November and replied and am still waiting to hear back from the court about a court date. Any advice on how to prepare. I can't afford an attorney and have moved to Utah so appearing before this court is going to be very tricky. Any advice? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted June 7, 2022 Report Share Posted June 7, 2022 14 minutes ago, Sylvia said: Has anyone faced these guys in court yet. I was served in November and replied and am still waiting to hear back from the court about a court date. Any advice on how to prepare. I can't afford an attorney and have moved to Utah so appearing before this court is going to be very tricky. Any advice? LOTS of people have faced LVNV in court. Have you checked with the court and made sure you didn't miss being notified. If you moved to UT and didn't tell the court your new address it is possible they already have a judgment because it was sent to your former address. If it is still pending the bad news is you will have to try the case in TX but the good news is they may let you do it by ZOOM. Quote Link to comment Share on other sites More sharing options...
Huffy Posted August 11, 2022 Report Share Posted August 11, 2022 I got served today by the same law firm but for webbank (fingerhut) same scenario like this person “credit one”. So do I go to the court and ask for what type of paper work to file? Quote Link to comment Share on other sites More sharing options...
nobk4me Posted August 11, 2022 Report Share Posted August 11, 2022 18 hours ago, Huffy said: I got served today by the same law firm but for webbank (fingerhut) same scenario like this person “credit one”. So do I go to the court and ask for what type of paper work to file? It is best to start your own thread. And, please, provide us with more information, such as the answers to these questions: Quote Link to comment Share on other sites More sharing options...
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