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Help! LVNV won't negotiate before court


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Hi everyone. Long story short I was served few weeks ago by a firm representing LVNV in small claims court. I filed my answer but due to some health issues and other personal problems I haven't been able to contact them to make arrangements before recently. I also wanted to scrape together a small lumpsum to offer to pay in good faith.

I called and they wanted my pay frequency, take home pay, etc in order to see if anything less than balance would be accepted.

I wasn't entirely comfortable giving that out and I told them I'm happy to make a payment via money order and work out arrangements for the remainder afterwards but didn't feel comfortable giving out financial info. 

Honestly the questions felt like I'm giving them a direct path to garnish me.They were a little rude about it and hung up abruptly after saying I could think about it and call back.

I feel so defeated. 

They said unless the balance is paid in full before court date (next week) they'll get a default judgment and I'll be garnished and responsible for court costs etc. 

Person I spoke to wasn't the attorney if it matters. They didn't even give me the chance to ask and talk to them.

I'm not sure what to do. I don't have the balance to give them. I'm struggling as it is.

Any advice is appreciated!

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1 hour ago, ichigo.gall said:

They said unless the balance is paid in full before court date (next week) they'll get a default judgment and I'll be garnished and responsible for court costs etc. 

The one way they can get a default judgment is if you don’t an answer to the complaint within the time allowed by your court rules.  Did the summons include the amount of time you have to file your answer?

Did you happen to record the call?  

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3 minutes ago, BV80 said:

The one way they can get a default judgment is if you don’t an answer to the complaint within the time allowed by your court rules.  Did the summons include the amount of time you have to file your answer?

Did you happen to record the call?  

Hi! Yes I submitted an answer. The summons didn't have the timeframe oddly enough, just a Court date,  but I found it on the  county Justice Court website just in time to file.

And yes I did record.

 

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2 hours ago, ichigo.gall said:

Hi! Yes I submitted an answer. The summons didn't have the timeframe oddly enough, just a Court date,  but I found it on the  county Justice Court website just in time to file.

And yes I did record.

 

Hotdog!  I would file a counterclaim for a violation of the FDCPA.  If the rep did not include anything about filing an answer, then telling you that they would get a default judgment if you didn’t pay in full before the court date is a false statement.  It violated 15 U.S. Code § 1692e(5)

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

and § 1692e(10)

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

You might also consider arbitration.  @BackFromTheDebt and @Bulldoger

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On 10/11/2023 at 12:15 PM, ichigo.gall said:

Hi! Yes I submitted an answer. The summons didn't have the timeframe oddly enough, just a Court date,  but I found it on the  county Justice Court website just in time to file.

And yes I did record.

 

How do you go about recording a phone call you receive?  That sounds like a useful tool. 

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