CountryGuy Posted June 26, 2021 Report Share Posted June 26, 2021 I live in Mississippi. I received a letter from “Jacob Law Group” on behalf of LVNV Funding. I sent JLG a debt validation letter within the 30 days. About 2 weeks later I get a letter (April 13, 2021) from Resurgent Capitol services stating they manage the account and they would investigate it.I didn’t hear anything back. Then I received a summons to appear in court on June 9th. Can they sue me if they didn’t validate the debt? The original credit they state I owe is not on my credit report but LVNV has it reported to all 3 Bureaus (it states it’s disputed). I’m thinking they will say something to the effect “we sent it out and are not responsible if the mail didn’t deliver it”. Should I send all 3 a letter stating intent to sue? 1 to Jacob law firm and 1 to Resurgent Capitol services for not validating the debt and 1 to LVNV for reporting false information? Or do I wait until after court? Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 26, 2021 Report Share Posted June 26, 2021 26 minutes ago, CountryGuy said: I live in Mississippi. I received a letter from “Jacob Law Group” on behalf of LVNV Funding. I sent JLG a debt validation letter within the 30 days. About 2 weeks later I get a letter (April 13, 2021) from Resurgent Capitol services stating they manage the account and they would investigate it.I didn’t hear anything back. Then I received a summons to appear in court on June 9th. Can they sue me if they didn’t validate the debt? The original credit they state I owe is not on my credit report but LVNV has it reported to all 3 Bureaus (it states it’s disputed). I’m thinking they will say something to the effect “we sent it out and are not responsible if the mail didn’t deliver it”. Should I send all 3 a letter stating intent to sue? 1 to Jacob law firm and 1 to Resurgent Capitol services for not validating the debt and 1 to LVNV for reporting false information? Or do I wait until after court? What false information did LVNV report? Quote Link to comment Share on other sites More sharing options...
CountryGuy Posted June 26, 2021 Author Report Share Posted June 26, 2021 3 minutes ago, BV80 said: What false information did LVNV report? The “debt”. The only thing they reported that was true is “account information disputed by consumer”. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 26, 2021 Report Share Posted June 26, 2021 35 minutes ago, CountryGuy said: The “debt”. The only thing they reported that was true is “account information disputed by consumer”. You did not have an account with the original creditor? Quote Link to comment Share on other sites More sharing options...
CountryGuy Posted June 26, 2021 Author Report Share Posted June 26, 2021 No, and the “original creditor” is not on my CR. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 26, 2021 Report Share Posted June 26, 2021 12 minutes ago, CountryGuy said: No, and the “original creditor” is not on my CR. All that matters is whether or not you had a credit card with the original credit card bank. LVNV is a debt buyer. The complaint should state the name of the original creditor that LVNV claims to have purchased the account from. If you truly did not open an account with the bank, you need to file a police report for ID theft and fill out an ID theft form on the FTC website. Was any documentation included with the summons? 1 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted June 27, 2021 Report Share Posted June 27, 2021 58 minutes ago, BV80 said: All that matters is whether or not you had a credit card with the original credit card bank. LVNV is a debt buyer. The complaint should state the name of the original creditor that LVNV claims to have purchased the account from. If you truly did not open an account with the bank, you need to file a police report for ID theft and fill out an ID theft form on the FTC website. Was any documentation included with the summons? This is crucial. ID theft is a valid defense. You need a police report for the defense to work. Follow these steps. Once that is out of the way, you can sue the law office for debt collection after a DV without them validating. Before you even consider suit, do you have proof you sent the DV letter? For example, every DV letter I sent was CMRRR. If you don’t have proof they can deny you sent the letter. The reply to the letter appears to be possible proof you sent the letter. That is why I save everything. But fighting the law suit is far more important at this point. Follow the steps recommended if this was not your account. Quote Link to comment Share on other sites More sharing options...
CountryGuy Posted June 27, 2021 Author Report Share Posted June 27, 2021 1 minute ago, BackFromTheDebt said: This is crucial. ID theft is a valid defense. You need a police report for the defense to work. Follow these steps. Once that is out of the way, you can sue the law office for debt collection after a DV without them validating. Before you even consider suit, do you have proof you sent the DV letter? For example, every DV letter I sent was CMRRR. If you don’t have proof they can deny you sent the letter. The reply to the letter appears to be possible proof you sent the letter. That is why I save everything. But fighting the law suit is far more important at this point. Follow the steps recommended if this was not your account. Yes, I have the return receipt, print out of who signed for it, on my CR it says “disputed by consumer” where LVNV placed it on here and the letter from Resurgent stating they got my request and would investigate. The only thing that concerns me is them suing me without validating the debt. I sent the request to the law office and got the letter back from Resurgent. Resurgent isn’t mentioned anywhere except the letter that says they received it and would investigate it. Can they respond back to me or should the law firm of responded? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted June 27, 2021 Report Share Posted June 27, 2021 1 hour ago, CountryGuy said: Yes, I have the return receipt, print out of who signed for it, on my CR it says “disputed by consumer” where LVNV placed it on here and the letter from Resurgent stating they got my request and would investigate. The only thing that concerns me is them suing me without validating the debt. I sent the request to the law office and got the letter back from Resurgent. Resurgent isn’t mentioned anywhere except the letter that says they received it and would investigate it. Can they respond back to me or should the law firm of responded? You sent the DV to the law office. The law office violated the FDCPA by suing without validation. I am not sure if Resurgent would be liable or not. At some point you need to consult with a good consumer attorney. The damages are that you were sued for an account which was not yours, and they would have found that out if they had properly validated the debt before suing you. So there is a chance you could get a decent payout. Again, getting rid of this suit is your first priority. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted June 27, 2021 Report Share Posted June 27, 2021 @CountryGuy The National Association of Consumer Advocates (NACA) is a "nonprofit association of more than 1,500 attorneys and consumer advocates committed to representing consumers’ interests." Here are lists of NACA member attorneys licensed in MS who specialize in debt collection and credit reporting. Many/most consumer attorneys will give an initial consultation at no charge. For debt collection in Mississippi: https://www.consumeradvocates.org/find-an-attorney?field_areas_of_practice_list_value=Debt+Collection&field_practice_states_value=MS For credit reporting in Mississippi: https://www.consumeradvocates.org/find-an-attorney?field_areas_of_practice_list_value=Credit+Reporting&field_practice_states_value=MS 1 Quote Link to comment Share on other sites More sharing options...
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