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Sued by LVNV Funding in NY


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1. Who is the named plaintiff in the suit?




2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)




3. How much are you being sued for?




4. Who is the original creditor?




5. How do you know you are being sued? 


Served a summons and complaint.  


6. How were you served? 




7. Was the service legal as required by your state?




8. What was your correspondence (if any) with the people suing you before you think you were being sued?


They sent 1 letter with an offer of 90% of the debt. 


9. What state and county do you live in?


Queens, NY


10. When is the last time you paid on this account? 




11. When did you open the account (looking to establish what card agreement may be applicable)?


Oct 2018


12. What is the SOL on the debt?


6 years


13. What is the status of your case?


Have to submit answer


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




15. Did you request debt validation before the suit was filed?


No, I moved to 3 different addresses within the last 2 years so I think they have been trying to find me. So I never got a letter to confirm debt validation. 


16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?


I have 19 days out of the 20 left

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Read this post: It has been very effective when dealing with JDB like you are: 


You will need to get the copy of credit card agreement at time you defaulted to verify it has an arbitration clause: 

I checked the current WEBANK AVANT card and it does and expressly states: 

"For example, if we file a lawsuit against you in court to recover amounts due
under this Agreement, you have the right to request arbitration,"

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  • 3 weeks later...

I filed my answer and defenses. They wouldnt accept the MSJ as they said motions are to be accepted at the first hearing not before as all cases are stayed right now in NY because of COVID. 

I heard back from JAMS and they keep asking if I served them. What am I supposed to serve them with?

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