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I'm being sued by LVNV Funding in Arizona. Have some questions.


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I was served today with a summons and complaint from LVNV Funding,  LLC. I live in Arizona.

My questions are as follows: 

1. After I  file my Answer letter with the Court Clerk, should I first put forth a motion to Compel Arbitration OR, should I first submit a motion for LVNV to provide Verification of the debt/bill of sale between the original creditor and LVNV?

* Note: The complaint includes a photocopy of an old credit card bill with my name, address and amount owed (only $978.65). This doesn't seem sufficient at all for documentation for Verification of debt. 

2. Should I even bother filing for Debt verification, or would filing for Arbitration be enough to possibly get this dismissed?

Thanks! 

 

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What is the name of the law firm handling the suit? is it Gurstal Law Firm

did you check credit card agreement for arbitration clause and that there was not a small claims court crave out? 

Who is the original creditor? 

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3 hours ago, ksmith797 said:

1. After I  file my Answer letter with the Court Clerk, should I first put forth a motion to Compel Arbitration OR, should I first submit a motion for LVNV to provide Verification of the debt/bill of sale between the original creditor and LVNV?

depends if you have an arbitration clause without a small claims cutout. 

3 hours ago, ksmith797 said:

I

* Note: The complaint includes a photocopy of an old credit card bill with my name, address and amount owed (only $978.65). This doesn't seem sufficient at all for documentation for Verification of debt. 

2. Should I even bother filing for Debt verification, or would filing for Arbitration be enough to possibly get this dismissed?

Thanks! 

 

Verification of debt is done before case is filed in court don't bother you can use discovery to find out what they have. 

As for filing Arbitration in Maricopa it is a wildcard.  Filing Arbitration will only stay (e.g. pause) the lawsuit not dismiss it. 

 

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10 hours ago, ksmith797 said:

I was served today with a summons and complaint from LVNV Funding,  LLC. I live in Arizona.

My questions are as follows: 

1. After I  file my Answer letter with the Court Clerk, should I first put forth a motion to Compel Arbitration OR, should I first submit a motion for LVNV to provide Verification of the debt/bill of sale between the original creditor and LVNV?

* Note: The complaint includes a photocopy of an old credit card bill with my name, address and amount owed (only $978.65). This doesn't seem sufficient at all for documentation for Verification of debt. 

2. Should I even bother filing for Debt verification, or would filing for Arbitration be enough to possibly get this dismissed?

Thanks! 

 

AZ changed its laws some years ago to allow an "Account Stated" Cause of Action. What is "Account Stated"? Simple - they sent you a bill, you didn't object to it or dispute it, therefore you accepted it and admitted it. One old credit card statement is sufficient in "Account Stated".

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11 hours ago, ksmith797 said:

I was served today with a summons and complaint from LVNV Funding,  LLC. I live in Arizona.

My questions are as follows: 

1. After I  file my Answer letter with the Court Clerk, should I first put forth a motion to Compel Arbitration OR, should I first submit a motion for LVNV to provide Verification of the debt/bill of sale between the original creditor and LVNV?

* Note: The complaint includes a photocopy of an old credit card bill with my name, address and amount owed (only $978.65). This doesn't seem sufficient at all for documentation for Verification of debt. 

2. Should I even bother filing for Debt verification, or would filing for Arbitration be enough to possibly get this dismissed?

Thanks! 

 

Search posts by @Harry Seaward and @Goody_Ouchless.  They are both from AZ.

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18 hours ago, ksmith797 said:

After I  file my Answer letter with the Court Clerk, should I first put forth a motion to Compel Arbitration OR, should I first submit a motion for LVNV to provide Verification of the debt/bill of sale between the original creditor and LVNV?

It depends which route you want to take.  If you want to do arb, you do NOT want  to engage in any discovery in court (which is what filing a motion for the JDB to provide proof is).  Doing discovery in court could waive your arbitration rights.

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