Being Sued by LVNV in Texas

[Phoenyxstarr1982]

I'm being sued by LVNV in Potter County, Texas. Here are the questions, if y'all need anything more, let me know & I'll answer it as quickly as possible... I work 70hrs a week, so it may be super late or super early in the morning when I can reply!

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.) Scott & Associates, P.C.

3. How much are you being sued for? less than $1500

4. Who is the original creditor? (if not the Plaintiff) Webbank

5. How do you know you are being sued? (You were served, right?) served papers

6. How were you served? (Mail, In person, Notice on door) in person

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None to my knowledge

9. What state and county do you live in? Potter County, Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nov/Dec 2019

11. When did you open the account (looking to establish what card agreement may be applicable)? Nov 2018

12. What is the SOL on the debt? To find out: 4yrs

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). set for trial on 7/20/2022

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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). no

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 a Zoom trial on the 20th. I initially answered the case but didn't do it in the correct format so the attorney is going ahead with the case.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ummm, in the order it's included in the original paperwork:

Exhibit F - Bill of Sale of Original Creditor or Acquirer (Webbank)

Schedule 1 to Bill of Sale of Original Creditor Accounts Schedule

Exhibit B - Assignment and Bill of Sale

Schedule 1 to Assignment and Bill of Sale Accounts Schedule

Transfer and Assignment

Exhibit A - Receivables File

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

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

Ok, so the questions are answered - I know this is kinda last minute since my hearing is next week but like I said above, I work 70hrs a week and things are always busy. I won't bore y'all with my sob story but let me just say that thanks to the pandemic things have had to change A LOT for my family. I will be scanning the paperwork I have in & getting that included shortly.

[Bulldoger]

@texasrocker knows the Texas justice courts system better than me.  He is here regularly.   Did you or the plaintiff attorney petition Judge for discovery? 

 

[Clydesmom]

11 hours ago, Bulldoger said:

Did you or the plaintiff attorney petition Judge for discovery? 

Did you read #17?  What would they petition for?  The Plaintiff already included the documents with the complaint. 

12 hours ago, Phoenyxstarr1982 said:

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ummm, in the order it's included in the original paperwork:

Exhibit F - Bill of Sale of Original Creditor or Acquirer (Webbank)

Schedule 1 to Bill of Sale of Original Creditor Accounts Schedule

Exhibit B - Assignment and Bill of Sale

Schedule 1 to Assignment and Bill of Sale Accounts Schedule

Transfer and Assignment

Exhibit A - Receivables File

 

[Bulldoger]

@Clydesmom How does one who defaulted on a debt win when the JDB has submitted the above information in complaint and trial is one week away? 

Three options.  

1) OP only can dispute the accurately of the business records. Requesting the Feed Forward contract reference in the Bill of Sale between webbank and  LVNV Funding, LLC.  Then seeing if that guarantees the accuracy of the records.  If not provided or does not guarantee accuracy  OP can then cast doubt in the accuracy of records.  But this is moot one week before trial Judge will most likely not grant discovery this late when LVNV has provided above documents. 

2)File an MTC and pray that it be awarded.  Judge can rule OP has waived their right for arbitration this late in the process or they can grant it.

3) Settle with LVNV Funding, LLC  prior to Judgement. Lump sum or payment plan. 

At this time it appears option 2 followed by option 3 before trial has the best outlook as it's the only one that avoids a judgement and give some bargaining leverage to OP.  

Am I seeing the situation correctly. 

 

 

 

[Clydesmom]

9 minutes ago, Bulldoger said:

1) OP only can dispute the accurately of the business records. Requesting the Feed Forward contract reference in the Bill of Sale between webbank and  LVNV Funding, LLC.  Then seeing if that guarantees the accuracy of the records.  If not provided or does not guarantee accuracy  OP can then cast doubt in the accuracy of records.  But this is moot one week before trial Judge will most likely not grant discovery this late when LVNV has provided above documents. 

Requiring the forward flow agreement was a tactic that used to work.  Now in the decade since the relaxed business records laws at the federal level that most if not all states have adopted at the state level not so much.  In this case because the law firm provided all the evidence with the complaint which is NOT required in TX courts the chances the court is going to demand one more piece to prove their authenticity is slim to none.  The court is likely to take the position that by providing the documents with the summons the Defendant had plenty of time to come up with their own evidence disputing their accuracy.  It takes more than simply casting doubt.  To asset the documents are not accurate or reliable the Defendant must prove it.  That burden is on the OP.

14 minutes ago, Bulldoger said:

2)File an MTC and pray that it be awarded.  Judge can rule OP has waived their right for arbitration this late in the process or they can grant it.

The worst that happens is the motion is denied.

14 minutes ago, Bulldoger said:

3) Settle with LVNV Funding, LLC  prior to Judgement. Lump sum or payment plan. 

Always an option.  As you said the problem is they are a week from trial.  Even Justice Court in TX requires at least 2 weeks to deal with a motion.  When a motion for discovery is filed they have 2 weeks to approve or deny it.  It is often done without a hearing.  A MTC would be the same but there is nothing to lose by filing.