JKD

Being Sued by LVNV in Texas (Credit One Bank)

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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

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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.

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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.

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