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 Posted: Thu Mar 13, 2008 8:29 pm Subject: Getting Sued by LVNV Funding |
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I live in Illinois, and recently recved a letter stating that I never responded to summons (for LVNV Funding), and if I do not show up in court a judgement will be put against me. I never recved the summons. I did go to court and was advised that I will be re served. Does anyone know if that is legal? And is there a statue of limitation for debt buyers in Illinois? The debt is over 6 yrs old ?
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Kat P
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| Posted: Thu Mar 13, 2008 11:39 pm Subject: |
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Lemme tell you first that LVNV funding hasn't earned a good name in their business. If you search you'll find several complaints against then in this forums only. Therefore, you don't have to panic. Be rest assured that together we will deal with this issue. Just hang on, the help is around.
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pullovergal
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| Posted: Thu Mar 13, 2008 11:55 pm Subject: |
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hey Kat, I'd like to know the nature of the loan that you have with LVNV funding. I googled about the statue of limitation of Illinois & got the following results.
- SoL for any oral agreement is 5 years
- For any written contract, auto loans or other installment payments qualifies under this section, has Sol of 10 years
- Sol for open accounts is 5 years, any credit card loan will fall under this category.
Hope to hear back form you soon.
Take care,
tweetyturner
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tweetyturner
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| Posted: Fri Mar 14, 2008 12:38 pm Subject: |
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I don't know anything about Illinois law, but if you are re-served, file an answer stating the SOL as your first defense.
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LawStudent
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| Posted: Thu Aug 21, 2008 4:44 pm Subject: being sued by lvnv |
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I hope someone can help. I live in PA and I know that open ended (i.e. credit card debt) the SOL is 4 years. I know that it is past that and yet I am being sued. What do I do next?
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newport
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| Posted: Thu Aug 21, 2008 5:55 pm Subject: |
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Respond to the complaint and assert the affirmative defense of SOL
| Quote: | PENNSYLVANIA STATE LAWS
http://members.aol.com/StatutesPA/Index.html
Interest Rate: Legal:6% Judgment:6%
Statute of Limitations
Open Acct:4 § 5525
Written Contract:4
Domestic Judgment:5 (writ of revival within 5 yrs.)
Foreign Judgment:4
Lien against real estate 5 yrs
Personal property Ex:20 yrs.
Bad Check Laws (civil penalty): After demand and judgment triple damages in amount equal to $100 or 3 times the check amount whichever
is greater up to $500.
General Garnishment Exemptions: 100% of wages, certain pensions, retirement accounts & Keogh plan under certain circumstances, and $300 |
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Texas Residents
All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp
When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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NASCAR_Devil
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| Posted: Thu Aug 21, 2008 7:11 pm Subject: I was also sued by LVNV Funding |
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They stood no ground and it was dismissed without prejudice.
It was for my husband. We moved and they had our old address. They went to our old house and tried to serve him the new people told them we didn't live there. Well we knew it was comming I watch case net. And saw they served the wrong address. Well they changed the address to my mother in laws house which my husband and father in law have the same name different intial. Anyways they served my mother in law the papers. I told her they were for us. She called the lawyer and they verified it wasn't my father in laws debt. The lawyer told her to pass the papers onto us and tell us we have been served! What they just pulled an address with a matching name what would have happened if we didn't know each other. I would have caught it cause I was watching them try to find us on case net. Well we get FREE legal service. So i faxed the summons to my lawyer and he sent a discovery went to court for us and LVNV countined it. About 2 weeks later we got a letter from the judge saying the case was dismissed without prejudice. The lawyer sent us a letter and called us and said if they come back after us to let him know.
Thank god for FREE Lawyer service
Right now I have a case about the same with CACH not sure what it is for but they already tried to serve me at my old address under my maiden name. Been married for 4 years. They now have my new address but my court date isn't until janurary so I haven't been served yet.
I'm in missouri and it's not legal for my mother in law to serve us the papers she was served.
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another bites the dust
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