Latik34 Posted February 28 Report Share Posted February 28 Need some help on any chances that I have Attorney for LVNV Funding LLC Summons / Served for 42k CC Debt Have not heard till today and summoned. I called the attorneys office and asked what would be the minimum amount they would settle attorney started with all kinds of questions about my current employer, salary etc. he was kind of rude and loud and refused to answer my question. I've 30 days to respond and no clue which step to take first Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted February 28 Report Share Posted February 28 Delete your post in collections, and answer these question in this one. Quote Link to comment Share on other sites More sharing options...
Latik34 Posted February 28 Author Report Share Posted February 28 1. Who is the named plaintiff in the suit? LNVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) .Kohn Law Firm S>C 3. How much are you being sued for? 42.5 K 4. Who is the original creditor? (if not the Plaintiff) Citibank N.A 5. How do you know you are being sued? (You were served, right?) right - summoned 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? yes 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? N/A 9. What state and county do you live in? Illinois - Cook 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/16/2020 11. When did you open the account (looking to establish what card agreement may be applicable)? 2011 12. What is the SOL on the debt? To find out: don't know 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). I was just summoned 02/27/2023 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I've with credit bureaus and CB responded as this was valid debt 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'). N/A 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? 30 days 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. did not respond yet 18. How did you find out about this site? Google search Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 28 Report Share Posted February 28 $42.5 k is a lot of money and Kohn is a very good and aggressive law firm. Citi has an arbitration clause. You could file a Motion To Compel (MTC). Read up on the arbitration thread. To be blunt, they will likely follow this into arbitration. And if they do so, you will lose. The main reason for filing in arbitration is to give yourself a better negotiating position for a settlement. Because, at this point your only choices are a settlement, bankruptcy or to lose a judgment. You may want to consult an attorney if there is one who has experience negotiating settlements with Kohn. If a settlement would be beyond your finances, consult a bankruptcy attorney. 1 Quote Link to comment Share on other sites More sharing options...
Latik34 Posted February 28 Author Report Share Posted February 28 Thank you Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 28 Report Share Posted February 28 The only possible bright spot — since this is no longer with Citi, sometimes LVNV won’t follow into arbitration and will be more likely to settle for a livable settlement if they do. Filing in arbitration is probably the best unless you are certain you will file for bankruptcy Quote Link to comment Share on other sites More sharing options...
Latik34 Posted March 1 Author Report Share Posted March 1 i sent them a settlement offer e-mail and received a call and the person who was not the attorney and accused me as a liar on the phone as i was not answering his question about my salary. Can they do that? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 1 Report Share Posted March 1 When you call a debt collection law office such as Kohn, most of the time you are getting a paralegal who is trained as a debt collector. Can they legally ask about your salary and assets in determining to accept or decline a settlement offer, certainly. Can you legally refuse to provide that information, certainly. You also have the write to send in a written settlement offer to the law firm (read not call them) and they can ask for that information that way too. At this point, I would wait until you get approval for the MTC arbitration and then make the offer written to the attorney and inform them that you will not give them any financial information and the offer is take it or leave it. You don't have the leverage others have because of the size of the debt but you have enough. Again, at this amount, it would be in your best interests to discuss this with an attorney. More likely than not, you will probably have to go through Bankruptcy unless you get a settlement you can live with. 1 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 1 Report Share Posted March 1 1 hour ago, Latik34 said: i sent them a settlement offer e-mail and received a call and the person who was not the attorney and accused me as a liar on the phone as i was not answering his question about my salary. Can they do that? As @WhoCares1000said they can ask those questions and you are free not to answer. What they were trying to do is a debtor's exam to see how much they could expect to get out of you. The best way to avoid it is to say the settlement offer is made in the interest of avoiding a long expensive court fight without admitting liability and give them the amount you wish to offer. The mistake you made was asking them how much they wanted to settle. You shifted leverage back to them big time. When you make a settlement offer you determine exactly how much maximum you can or will pay. Then you make an offer below that amount in case you have to negotiate. Each side then either accepts or rejects the number offered until both sides reach a number they can agree on or simply can't agree and stop negotiating. If you had used this tactic and they attempted to get the other information the best response is that the offer is as is and no other information is needed to accept or reject it. End of discussion. I agree that getting the MTC approved will shift leverage back to your side and may yield a better settlement discussion. 1 Quote Link to comment Share on other sites More sharing options...
nobk4me Posted March 1 Report Share Posted March 1 3 hours ago, Latik34 said: i sent them a settlement offer e-mail and received a call and the person who was not the attorney and accused me as a liar on the phone as i was not answering his question about my salary. Can they do that? I hope you recorded that call. I would consider that a FDCPA violation, abusive conduct on the part of a debt collector. 1 Quote Link to comment Share on other sites More sharing options...
Latik34 Posted March 1 Author Report Share Posted March 1 Thank you both @WhoCares1000 and @Clydesmom 1 Quote Link to comment Share on other sites More sharing options...
Latik34 Posted March 7 Author Report Share Posted March 7 I'll efile my response to the summon in IL. I would like to know the order for my motions. Online searches i found that in Illinois i have to submit "Appearance " and "Answer" is that correct? Also i would like to file motion to compel arbitration and dismiss. Should i file all these 3 in same time or do the Appearance and Answer first then the motion to compel arbitration? On the answer motion if i deny all paragraphs do i loose the option to file motion to compel arbitration? Thank you Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted March 9 Report Share Posted March 9 On 3/7/2023 at 5:15 PM, Latik34 said: I'll efile my response to the summon in IL. I would like to know the order for my motions. Online searches i found that in Illinois i have to submit "Appearance " and "Answer" is that correct? Also i would like to file motion to compel arbitration and dismiss. Should i file all these 3 in same time or do the Appearance and Answer first then the motion to compel arbitration? On the answer motion if i deny all paragraphs do i loose the option to file motion to compel arbitration? Thank you Yes state supreme court site has Statewide approve forms for Appearance, and Answer. In answer list mandatory contractual arbitration. Then quickly before first appearance file your MTC and STAY not Dismiss case. Be prepared to clarify you want FAA contractual Arbitration not state mandatory arbitration at first hearing. 1 Quote Link to comment Share on other sites More sharing options...
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