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How should I go about getting this debt taken off my creditr

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byzjon2000

Joined: 01 Aug 2008
byzjon2000's page
Posts: 1

82 Magic Points

Subject: How should I go about getting this debt taken off my creditr

Fri Aug 01, 2008 6:28 pm

I received a summons saying that I was being sued by LVNV LLC for a debt. So, I followed the directions and personally delivered a answer to the clerks office. In the answer I asked them to basically prove the debt belonged to me and that the statute of limitations hadn't expired. That was about 2 mths. ago, and I haven't heard or recieved anything. Should I just assume the lawsuit was dropped. I was told that if they can't provide me with the information I requested that they can no longer contact me about this debt and take it off of my credit report. However, the debt this appears on my credit report. Should I deal with the credit bureau directly in trying to remove this derogatory mark or work this out with LVNV?

Lorri

Joined: 15 Jul 2008
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Posts: 295

6 Magic Points

Sat Aug 02, 2008 6:08 am

If it were me, I would want to work it out with LVNVLLC first and make sure that the lawsuit was dropped for sure. I would want something in writing, then worry about the credit bureau. Just my opinion.

erb1953

Joined: 31 Dec 2007
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Posts: 631

8 Magic Points

Sat Aug 02, 2008 8:20 am

I would not assume that it is dropped, did you send them a copy of the information that you filed with the clerks office, you must do that also, the clerks will not forward it on to them.

You are right by doing the debt validation, sometimes after they serve a summons they will let it hang for a long time and then try to take it into arbitration. Stick to your guns on the debt validation, but get to know the laws of fair credit and the laws of your state also. You will have to do some leg work here. The debt forum would be an excellent place to get some advice on this.

Lorri

Joined: 15 Jul 2008
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Posts: 295

6 Magic Points

Sat Aug 02, 2008 8:24 am

Just a reminder---the debt forum byzjon2000 is in this forum (they are affiliated however). Look at the top of your page or this home page and it should say debt forum. That is waht erb1953 is referring to.

erb1953

Joined: 31 Dec 2007
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Posts: 631

8 Magic Points

Mon Aug 04, 2008 1:58 am

The debt forum is really good for situations like this, I spent some time over there figuring out how to get through a bad time.

Lorri

Joined: 15 Jul 2008
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Posts: 295

6 Magic Points

Mon Aug 04, 2008 2:02 am

That is for sure---I can't tell you how much I have learned from both forums since I have been involved with them.

fireyone

Joined: 26 Feb 2008
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Posts: 2871

2197 Magic Points

Mon Aug 04, 2008 2:30 am

Yes you have to make sure that the debt collector has recieved the information from the clerks office. Be adamant on getting the debt verification and also check your states SOL. Do you believe the debt to still be in SOL?

goodnatured

Joined: 03 Nov 2007
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Posts: 3139

5345 Magic Points

Mon Aug 04, 2008 4:03 pm

You have to send them a copy of whatever you file with the clerk of courts, otherwise they do not get it.

Erb, are you involved with a summons, I am and everything that I send to them, I file with the clerk of courts. You must do both, no question.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

fireyone

Joined: 26 Feb 2008
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Posts: 2871

2197 Magic Points

Tue Aug 05, 2008 3:02 am

You should outline these steps Gn. I bet alot of people did not relize the clerks office didn't forward.

Justin

Justin

Joined: 17 Jul 2006
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Posts: 417

10874 Magic Points

Thu Aug 07, 2008 9:46 am

Hi byzjon2000
Since you have already asked them to validate your debt and now two months has already expired, you can directly dispute the listing with the three credit bureaus. Send dispute letters to the CRAs along with the proof that you have asked LVNV LLC for proving your debt at the clerks office and they will remove it from your report.
_________________
Best Wishes
Justin

erb1953

Joined: 31 Dec 2007
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Posts: 631

8 Magic Points

Fri Aug 08, 2008 1:44 am

Is it posible to validate after you have paid them off and if they don't honor your request can you get it removed even though it says "paid settled"

fireyone

Joined: 26 Feb 2008
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Posts: 2871

2197 Magic Points

Fri Aug 08, 2008 1:53 am

That is a question I never seen asked here before erb and its really a good one. Hope you get the answer so I can take a peek.

Justin

Justin

Joined: 17 Jul 2006
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Posts: 417

10874 Magic Points

Fri Aug 08, 2008 12:42 pm

Hi erb
Actually there is no use of validating the debt if you have already paid it off because they will not be able to validate the debt since it is paid. But the CA or the creditor may not remove the listing from your credit report if you have not made a pay for deletion agreement in writing prior to repayment of your debt.
_________________
Best Wishes
Justin

fireyone

Joined: 26 Feb 2008
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Posts: 2871

2197 Magic Points

Sat Aug 09, 2008 12:57 am

That is what I thought. I think erb maybe paid a debt before validating and was looking for a way to get it removed. As you can see if you read some of her posts she has been working diligently to improve her credit.

goodnatured

Joined: 03 Nov 2007
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Posts: 3139

5345 Magic Points

Sat Aug 09, 2008 10:48 am

Too bad you did not know the information before you paid them off erb, oh well chalk it up to inexperience.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

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