KMila15 Posted November 12, 2021 Report Share Posted November 12, 2021 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) PRESSLER, FELT, & WARSAW 3. How much are you being sued for? $5000 4. Who is the original creditor? WEBBANK / AVANT 5. How do you know you are being sued? Served a summons and complaint. 6. How were you served? PROCESS SERVER 7. Was the service legal as required by your state? Yes 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? 07/2019 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?) No 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 Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted November 12, 2021 Report Share Posted November 12, 2021 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," Quote Link to comment Share on other sites More sharing options...
KMila15 Posted November 12, 2021 Author Report Share Posted November 12, 2021 @Bulldoger Do I just want to list the 1 affirmative defenses? Or should I list more? Quote Link to comment Share on other sites More sharing options...
KMila15 Posted December 4, 2021 Author Report Share Posted December 4, 2021 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? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted December 4, 2021 Report Share Posted December 4, 2021 1 hour ago, KMila15 said: I heard back from JAMS and they keep asking if I served them. What am I supposed to serve them with? It means when you sent the case to JAMS you needed to send a copy to the opposing attorney. That is how you serve them. Quote Link to comment Share on other sites More sharing options...
KMila15 Posted December 8, 2021 Author Report Share Posted December 8, 2021 On 12/3/2021 at 9:48 PM, BackFromTheDebt said: It means when you sent the case to JAMS you needed to send a copy to the opposing attorney. That is how you serve them. I understand this, but what am I serving them with??? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted December 8, 2021 Report Share Posted December 8, 2021 1 hour ago, KMila15 said: I understand this, but what am I serving them with??? The complaint Quote Link to comment Share on other sites More sharing options...
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