LVNV Funding Suit             Click here to Print



#Speedaemonc4 - Says,

Hi all, first Id like to thank the people who look at this for taking the time to hear me out and try to help, Im really happy theres sites like these to help people out who cannot afford lawyers or other help to fight these big corps.
Anyhow, here is my situation, as a stupid kid just turned 21 I went out and incurred alot of debt, every credit card accepted me and i maxxed em out..Of course to make a long story short I got overwhelmed and had to go to a consolidation company which helped me organise and pay of nearly all my debts. (A few refused to talk to the company) While doing this I lived in my car and spent nearly all my time at work.since then I NEVER use cards anymore and have become very financially aware I never want to return to that life.
About one day ago I was outside doing lawn work when a guy came up to me, apologized and handed me a citation saying I was being sued by LVNV. the paper claimed that I had ignored MANY letters sent to me and had refused to pay LVNV what I owed. Not only that though..I knew what debts might have gotten past me long ago (I assume they sent it to some old address as I didnt have one) and they were asking over 2000.00 more than the around 3000.00 that I thought I might have owed. I was worried as there was no way I could afford this. I didnt contact or send the letter to the court right away though.. I started researching. I found out immediatly about the debt validation. At that I called LVNV and requested the validation, the first guy acted like he had no clue what I meant and said the court had all the papers to satisfy me and to go see them and call back for a settlement.. The second lady simply answered, "would you like to pay the full amount?", or "Will you be using credit or direct deposit for this?", for literally everything I asked. (none of which were to pay anything). At this point I was mad. Although I dont know how, I am doing everything to figure out what to do to beat them and I think Ive got them... Heres my idea and Id like comments on what you guys think.

1) Im sending the debt verification letter (cert. and return recipt)
2) If the court date is before 30 days Ill request it postponed so they have time to respond.
3) During the trial I will deny all their claims and require they show a chain or ownership as well as originaly signed documents (I know they must not have these, will explain later). I will hope this method can get it dismissed.
4) I will move that it is dismissed due to the fact that the court has no juristriction on the case.(If they have the real papers they would know that I signed for the card in a completely different state)

Anyway this is the rough outline, I also have some defences against other things but mainly wanted to know what more experienced people think of this. Should I hold out on the juristriction thing? I dont want them to have a chance to try to figure out the original place and make me go there. Im almost certain they dont have the correct documents though. Thanks a ton, sorry for the horrid grammer, Im in a rush to work and had little time to type. Oh lastly, The SOL for the debt in the state it was from is up in 4 months, but where I live now its 1 year and 4 months so I cant use that.

#goodnatured - Says,

Last things first, as far as the statute of limitations, I am sort of in the same situation as you but with a different company, any way, I was told that when they sue it freezes the statute of limitations.

One thing that I did not see you mention is answering the summons, you will want to do that so they don't win by default. You only have so many days to do that, so I would do it as soon as possible. When you do answer it, it is your responsibility to make sure the other side gets a copy of the answer also.

Keep the conversation rolling here, there are alot of knowledgable people here that will be able to give you pointers.

Main thing is to answer the summons with in the required time frame.

#Aaron - Says,

Hi Speed,

Goodnatured is right. As you were served with the summons, you need to answer to it, else the agency may win a default judgment against you. As for the validation, the guy who said that you can get all the details from the court is right. As a case has been filed on this account, you will be able to get all the details from the court. You can go to the court and request the court clerk to provide you with the details of the case.

If you think that you don't owe this debt, you can file a motion to vacate the judgment. However, before filing the motion to vacate the judgment, you need to be sure about the validity of the debt. If you really owe, you may not win the motion to vacate the judgment. If you think, you were not properly served, you can file the motion.

Hope this helps.

Thanks,

Aaron

#Speedaemonc4 - Says,

Im sorry, yes I am answering the summons with the responses I outlined above. What I was wondering more or less is if they are in fact required to take me to court in the place, or at least state I signed the original agreement in. I am almost certain they dont have valid papers, hopefully the judge wont let them win without and original proof or chain of ownership. Anyhow, the first question was because at the time the debt was originally incured I was in a different place at the very least, they are stating information I have never heard of as far as amounts and how it came about though.
#Aaron - Says,

Hi,

Can you tell me what kind of information are they stating? Moreover, if you are certain that they don't have valid papers, you can check the papers from the court.

Hope this helps.

Regards,

Aaron

#B.AUBERT - Says,

THIS PERSON WHOM YOU ARE SUING IS DECEASED. SHOULD YOU HAVE FOUND THIS BEFORE YOU TRIED TO SUE HIM.
#Aaron - Says,

Hi,

Can you please be more clear on what you are talking about?

Thanks,

Aaron

#DefendASummons - Says,

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#Josh, CA - Says,

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#matzcrorkz - Says,

GVBssB Say, you got a nice blog post.Really looking forward to read more. Want more.
#Twin-less twin - Says,

I just found a case that was done in 2013 were lvnv sued my sister. She has been gone since 2008 how can they do this even stated they served her
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