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Credit Card Summons (LVNV Funding LLC) - Henderson, Nevada **HELP**


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I just received a summons this past Saturday. It's for a past credit card debt from Credit One Bank ($584.68). The plaintiff listed as LVNV Funding LLC via Guglielmo & Associates. I called Credit One and they told me that I would need to speak to the legal office (Guglielmo & Assoc) that has access to this account if I'm wanting to discuss a settlement. Before I reach out to them, I wanted to see if there was any other advice I should take into consideration before calling them directly.

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I have 2 with Credit One - they both have the small claims exception for arbitration.

For $584, I'd call the attorney's office and ask if they'd settle for a smaller amount if you can afford to pay anything.  It would cost you $200-250 to take it to arbitration anyway.

 A lot of people start with a 30% offer and keep saying that's all they have. A good story this time of year is it's from your tax refund and it's all you have left, and no more coming in.  30% of $584 would be $175.

The people who get the best offers seem to stick to their initial offer, but anything 50% or under isn't a bad deal.

 

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Does the complaint state "Small Claims Complaint" ?  Nevada allows attorneys in small claims but defendant cannot be held for Plaintiff's attorney cost. 

Yes try to settle, if the suit is proper (e.g. within SOL, a debt you occurred i.e. no identify theft, affidavits and bill of sale match, they have a billing with your correct name and address, etc..  If you wait till court date your will have to mediate anyways and the attorney is burning Plaintiffs money.   The only leverage you have is saving the Plaintiff some attorney fees. 

FYI! your small claims case is in the Henderson Justice Court, you will be required to mediate your case on the same date set for your small claims hearing. 

 Click to visit Mediating a Small Claims Dispute for more information.  

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42 minutes ago, Bulldoger said:

Does the complaint state "Small Claims Complaint" ?  Nevada allows attorneys in small claims but defendant cannot be held for Plaintiff's attorney cost. 

Yes try to settle, if the suit is proper (e.g. within SOL, a debt you occurred i.e. no identify theft, affidavits and bill of sale match, they have a billing with your correct name and address, etc..  If you wait till court date your will have to mediate anyways and the attorney is burning Plaintiffs money.   The only leverage you have is saving the Plaintiff some attorney fees. 

FYI! your small claims case is in the Henderson Justice Court, you will be required to mediate your case on the same date set for your small claims hearing. 

 Click to visit Mediating a Small Claims Dispute for more information.  

Stick to the east coast.  If you have never litigated a case in the courts in Clark County you are WAY out of your league on this one.  You cannot just assume what you read on line is how the courts actually operate.

6 hours ago, dp2 said:

It's for a past credit card debt from Credit One Bank ($584.68).

You have an added complication in Henderson/Clark County that others do not face in these cases.  Credit One is the major sponsor of the Las Vegas Golden Knights NHL Hockey team.  As such they hold a status in the county that goes unspoken but exists.  The odds are high that they contributed to the election campaign of the judge who will hear the case.  Bias is an understatement.  Like it or not there will be a lean in the decision making towards the JDB (who is part of the Sherman Group which owns CreditOne) for this case.  The other issue is the small claims carve out.  You could try a MTC but given their status in the county I can see the Judge going for the G&G argument that the carve out applies and the expense isn't needed.  The amount suing for is so small I would settle this and make it go away fast.  

The advice that the attorney is burning LVNV's money is way off base.  They hire a debt mill law firm like this on an annual fee to cover a specified number of cases over all including court representation.  They are not burning anything.  

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