Please Help - (Las Vegas) - Being sued by LVNV Funding

[Zuan]

I live in Las Vegas and this predatory company is a bully that preys on people's ignorance about how the system works. I've been researching law terms and local State Court rules all day and now I'm not sure if I should  I file a response or should I file to dismiss??

Saw another user being sued by the same company and used the same informational bullet points below:

1. Who is the named plaintiff in the suit? LVNV Funding LLC

2. What is the name of the law firm handling the suit? Gugliemo & Associates

3. How much are you being sued for?  $1125.33

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? Las Vegas, Yes.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None...never responded to anything from this company ever

9. What state and county do you live in? Las Vegas, NV - Clark County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Maybe Sept 2018...at this point not even sure..

11. When did you open the account? 2016

12. What is the SOL on the debt? To find out: 4-6 yrs / No SOL in this case

13. What is the status of your case?  No court date set yet, I haven’t responded  Motions filed?  Nothing yet

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes...with the credit bureaus

15. Did you request debt validation before the suit was filed? Note: No

16. How long do you have to respond to the suit? 17 days

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 

They only attached 2 Credit One Statements, not even the entire statements just page one only...one dated Sept. 2018 and another dated June 2019

18.  How did you find out about this site? Google

 

AND....Here's the kicker!!

When I went on the local court website to look up this case, I found that they are suing me for ANOTHER Credit One account with a different account number, different dollar amount, different case number. Never served me for this suit. Didn't include it with the one mentioned above, yet filed the day BEFORE the one I was actually served. Everything about the second suit is the same as above except the dollar amount is $1,235 and they never served me at all, so for this one have no summons, no evidence, no  nothing.

 

I know I can do SOMETHING to fight back, just don't know where to start! If anyone can help or direct me to another post on this site that can help I'd appreciate it.

 

Thanks

 

 

[BV80]

@Zuan

What would be your grounds for filing a motion to dismiss?  Are the accounts yours?

I believe Credit One has an arbitration provision.   Read the following thread.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

Find the cardmember agreements that were in effect when you defaulted on the accounts.  You should be able to locate them in the archives at the Consumer Financial Protection Bureau agreement database.

https://www.consumerfinance.gov/credit-cards/agreements/

 

[BackFromTheDebt]

52 minutes ago, BV80 said:

@Zuan

What would be your grounds for filing a motion to dismiss?  Are the accounts yours?

I believe Credit One has an arbitration provision.   Read the following thread.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

Find the cardmember agreements that were in effect when you defaulted on the accounts.  You should be able to locate them in the archives at the Consumer Financial Protection Bureau agreement database.

https://www.consumerfinance.gov/credit-cards/agreements/

 

I may be wrong, since I never had a Credit One account, but I thought they had a small claims exemption.

 

The best way is to look at the actual arbitration agreement and see what it says.

[Zuan]

1 hour ago, BV80 said:

@Zuan

What would be your grounds for filing a motion to dismiss?  Are the accounts yours?

I believe Credit One has an arbitration provision.   Read the following thread.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

Find the cardmember agreements that were in effect when you defaulted on the accounts.  You should be able to locate them in the archives at the Consumer Financial Protection Bureau agreement database.

https://www.consumerfinance.gov/credit-cards/agreements/

 

I've been reading others who have cases against them from LVNV and they all have a Bill of Sale (multiple) included with their summons. They didn't attach that to mine....only page one of an old statement. I was initially thinking to dismiss based on they haven't proved that they own the debt but this info you posted about arbitration is super helpful. Thanks!!!

[Zuan]

14 minutes ago, BackFromTheDebt said:

I may be wrong, since I never had a Credit One account, but I thought they had a small claims exemption.

 

The best way is to look at the actual arbitration agreement and see what it says.

Yes looks like they do!!! Thanks so much! 

[BV80]

23 minutes ago, Zuan said:

I've been reading others who have cases against them from LVNV and they all have a Bill of Sale (multiple) included with their summons. They didn't attach that to mine....only page one of an old statement. I was initially thinking to dismiss based on they haven't proved that they own the debt but this info you posted about arbitration is super helpful. Thanks!!!

They are not required to “prove” ownership at this stage, therefore, a motion to dismiss would not be successful.  Proof of ownership would be required either with their motion for summary judgment (if they filed that motion) or at trial.  

[Zuan]

26 minutes ago, BV80 said:

They are not required to “prove” ownership at this stage, therefore, a motion to dismiss would not be successful.  Proof of ownership would be required either with their motion for summary judgment (if they filed that motion) or at trial.  

Ok...that makes sense. I will file a response along with a request for arbitration.

Thanks again

[BackFromTheDebt]

26 minutes ago, BV80 said:

They are not required to “prove” ownership at this stage, therefore, a motion to dismiss would not be successful.  Proof of ownership would be required either with their motion for summary judgment (if they filed that motion) or at trial.  

In general, a MTD assumes that everything in the complaint is true.  The idea is, even if everything is true, then the plaintiff still doesn't have a case that could stand a trial.  

Examples -- the plaintiff doesn't have standing, or the debt is SOL, or no debt is alleged.  

[Zuan]

5 minutes ago, BackFromTheDebt said:

In general, a MTD assumes that everything in the complaint is true.  The idea is, even if everything is true, then the plaintiff still doesn't have a case that could stand a trial.  

Examples -- the plaintiff doesn't have standing, or the debt is SOL, or no debt is alleged.  

Which is why I was confused! LOL! I was thinking if they didn't provide proof of ownership, then this case shouldn't be allowed to stand trial.

[Clydesmom]

2 hours ago, BV80 said:

I believe Credit One has an arbitration provision.   Read the following thread.

And it also has a carve out for debt cases in small claims.  The major problem is that all debt cases in Clark County are heard in a specific small claims court for these types of debts.  The second major problem is that the courts here are unbelievably creditor friendly and the judges are all elected good ole boy/girl network cronies who will NOT go against the large companies that contribute heavily to their campaigns.  The third major problem is Las Vegas is the headquarters for Credit One.  LVNV will have no trouble winning this case and getting a MTC denied.

[Clydesmom]

8 hours ago, Zuan said:

When I went on the local court website to look up this case, I found that they are suing me for ANOTHER Credit One account with a different account number, different dollar amount, different case number. Never served me for this suit. Didn't include it with the one mentioned above, yet filed the day BEFORE the one I was actually served.

The courts here in Vegas are still in a bit of chaos from the scamdemic nonsense.  The 2 suits are separate cases even though they were filed by the same Plaintiff and law firm.  There is no requirement they serve you with both at the same time.

20 minutes ago, Zuan said:

I was thinking if they didn't provide proof of ownership, then this case shouldn't be allowed to stand trial.

They have to prove ownership at trial not when they file.  Few states require the evidence be attached to the complaint when it is filed and Nevada definitely is not one of them.

28 minutes ago, Zuan said:

Ok...that makes sense. I will file a response along with a request for arbitration.

Credit One has a carve out for debt cases in small claims court.  Where is the case filed?  Arbitration may not be an option and given that Credit One is headquartered here, sponsors the beloved hockey team and probably the judge's election fund the court will give them all the leeway they legally can.

[Zuan]

6 minutes ago, Clydesmom said:

The courts here in Vegas are still in a bit of chaos from the scamdemic nonsense.  The 2 suits are separate cases even though they were filed by the same Plaintiff and law firm.  There is no requirement they serve you with both at the same time.

They have to prove ownership at trial not when they file.  Few states require the evidence be attached to the complaint when it is filed and Nevada definitely is not one of them.

Credit One has a carve out for debt cases in small claims court.  Where is the case filed?  Arbitration may not be an option and given that Credit One is headquartered here, sponsors the beloved hockey team and probably the judge's election fund the court will give them all the leeway they legally can.

Ugh to all of the above! LOL! No but seriously, I believe everything you said it just super sucks. It was filed with Las Vegas justice court. So what do you suggest, calling them to try to broker a settlement?

[Clydesmom]

3 minutes ago, Zuan said:

It was filed with Las Vegas justice court.

That is going to be small claims here in Clark County.  

3 minutes ago, Zuan said:

So what do you suggest, calling them to try to broker a settlement?

You can settle ANY time prior to a verdict.  There is a very small chance that the law firm doesn't bother to read the card agreement and the MTC works.  If the motion is denied you can still make a settlement offer prior to trial.  You just need to be (and now are) aware of the added complication those here is Las Vegas face with this creditor as compared to someone from Podunk Iowa who isn't living in the same county as their headquarters.  As long as you are prepared to eloquently argue why your motion should be granted give it a shot.  If you are not prepared or feel over whelmed at fighting settling could be the better option.  

[BackFromTheDebt]

There are a few states for which @Clydesmom knows the lay of the land for the courts.

Nevada, esp. Clark County, is one of those places.  

I know her advice isn't very encouraging, but she is just calling it as she sees it, and she has seen it.  

Settlement is probably your best option.  The earlier you settle, the better.  For example, you might possibly do better settling before you are served for your second case, to save them the trouble.  

[BV80]

51 minutes ago, BackFromTheDebt said:

In general, a MTD assumes that everything in the complaint is true.  The idea is, even if everything is true, then the plaintiff still doesn't have a case that could stand a trial.  

Examples -- the plaintiff doesn't have standing, or the debt is SOL, or no debt is alleged.  

I understand the above.  I only addressed the ownership issue because that was what the OP had raised. 

[Zuan]

22 minutes ago, Clydesmom said:

That is going to be small claims here in Clark County.  

You can settle ANY time prior to a verdict.  There is a very small chance that the law firm doesn't bother to read the card agreement and the MTC works.  If the motion is denied you can still make a settlement offer prior to trial.  You just need to be (and now are) aware of the added complication those here is Las Vegas face with this creditor as compared to someone from Podunk Iowa who isn't living in the same county as their headquarters.  As long as you are prepared to eloquently argue why your motion should be granted give it a shot.  If you are not prepared or feel over whelmed at fighting settling could be the better option.  

Thank you! This was extremely helpful!!

[Zuan]

18 minutes ago, BackFromTheDebt said:

There are a few states for which @Clydesmom knows the lay of the land for the courts.

Nevada, esp. Clark County, is one of those places.  

I know her advice isn't very encouraging, but she is just calling it as she sees it, and she has seen it.  

Settlement is probably your best option.  The earlier you settle, the better.  For example, you might possibly do better settling before you are served for your second case, to save them the trouble.  

Oh I believe her!!! I've lived her long enough to know that's she's calling it exactly as it is here! I was hoping someone from here or someone who knows how should I approach this better than I do would chime in! LOL!