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  #33  
Old 05-29-2008, 10:26 AM
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I got the letter in the mail today from the court, LVNV Funding got a judgment by default. I am pissed because

1. they are not licensed to collect debt in my state

2. The attorney failed to validate..

3. They owned the account in 2005 and put it on my credit report 2 years before they where a corporation and had a registered agent in my state.

4. they say the debt is only from 10/2006 which is the day the attorney picked it up.

4. poor filing of court papers.

5. I wrote a letter to the court explaining all of this and they failed to comply.

What the hell do I do know? I can't afford a lawyer and free legal won't help me. I am disabled and want to fight this.
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  #34  
Old 05-29-2008, 10:33 AM
Reesie Reesie is offline
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Irish, were you served with a civil summons?

If so, did you respond accordingly within the required period?
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  #35  
Old 05-30-2008, 06:04 AM
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Yes I got served in January, I responded to what they gave me. They said I didn't and got a default.

I am calling the AG today to tell them that they are not licensed and bonded and owned the account before they where a corporation in my state and South Carolina which is the state on my credit report in 2005. Furthermore, they put their principal place of business as Las Vegas in their corporate filings for the state when they are not in Las Vegas.
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  #36  
Old 05-30-2008, 06:12 AM
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Thank you for your response. I just want to ensure that I am doing everything legally.
In answer to your question, yes I was served my a deputy of my county with a summons. I answered the summons and filed it with my clerk's office. In the meantime this attorney for the debt collector sent me a settlement offer letter (after he received my validation letter). Then 5 days later he sends me a verification letter stating the amount, dates, etc. and a signed affivadit from the debt collector. I do not consider this to be sufficient evidence they own this debt, etc. How do you find out if they are legally licensed to operate in the state of ga.
What do you mean by discovery process. Is this the document he sent me (interragotories)asking me to admit debt, admit I owe,etc. I am going to send my response to him via certified mail. However he stated in the letter it was not filed at my courthouse - so do I have to file my response with my county clerk's office like I did before. I really want more proof that they own this. They also ask me to state if I thought that had violated the fair debt act. I just need help - I called an attorney, but they said they would charge more to represent me that I owe this people. I am not giving up without a fight. Thanks for all the help
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  #37  
Old 05-30-2008, 08:34 AM
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lindy48, LVNV Funding is not registered with the state of Georgia to do business. They do not need a bond or license but they do need to file as a corporation and they are not filed.
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  #38  
Old 05-30-2008, 08:42 AM
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I called the Attorney General office today but the lady to complain to was not in. I found out that in 2004 when the licensing went into effect that about 378 collectors where told to get licensed or cease debt collection practices in this state. LVNV Funding didn't come into this state until 2006.


LVNV Funding lists their business as "Acquisition OF Loans" Is that the same as debt collection?

What is LVNV Fundings principal place of business?
First they filed at:

5438 vegas drive
las vegas nevada 89119

Now it's:
625 pilot road suite 2
las vegas nevada 89119

If I report them, I can get their permit revoked for false filing. I thought their principle office was in South Carolina.
Anyone know?
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  #39  
Old 05-30-2008, 08:48 AM
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Does that mean that are not allowed to come after me? Is that why they are using a Georgia attorney? In my answers to there interragotories should I ask for proof that they are registered in the state of georgia. In my original letter to them I asked for this, but they did not respond. Can I also request that they send me documentation/validation I owe this account? As I did previously but they only sent me a statement of facts (the attorney).
Thanks for all the help.
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  #40  
Old 05-30-2008, 08:58 AM
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I would call the court house and find out for sure. I really don't think they can touch you if they don't have a registered agent in your state. The court should be able to help you.
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  #41  
Old 05-30-2008, 11:14 AM
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Are they registered in Tennessee? Anyone? LOL I got lost in the shuffle here lol. I have not been served with any papers yet and probably won't be, they are coming after me for some bills ranging from around $50 - $200 I think. Still these debts are over the 7 years and actually some of them were incurred while I was living in NY (almost 12 years ago) where I think it was actually only 4 years instead of 7.
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  #42  
Old 05-30-2008, 12:35 PM
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Guest, I could better understand and agree with you if a CA/corporation was directly doing business in a State they are not registered in.

I don't think a corporation dbaa CA would be required to register if they have assigned the debt to an Attorney in that State.
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  #43  
Old 05-30-2008, 12:37 PM
Reesie Reesie is offline
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Rats, forgot to sign in. :x Above post is mine.

I also think this may apply to CA's LVNV assigns their debts to.
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  #44  
Old 05-30-2008, 01:20 PM
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They are not registered in Tennessee either.

Depending on a states debt collection laws, it will determine if they can have an attorney or another collection agency collect for them. Either way that would still be a violation of the fdcpa, thats my opinion.
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  #45  
Old 05-30-2008, 01:44 PM
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Thank you so much Guest. But can anyone tell me where to find this information so that I can refer to it when I dispute their negative reports on my Credit reports?
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  #46  
Old 05-30-2008, 01:51 PM
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what I do is just type on google

Tennessee corporations and this will come up.

tennesseeanytime.org/soscorp

I do it by each state, sometimes it takes longer to find.
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  #47  
Old 05-30-2008, 02:52 PM
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Awesome! Thank you so much!
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  #48  
Old 05-30-2008, 03:08 PM
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Oh Geez check this out LVNV is not but look who is:

DBA/ Resurgent Capital Services, LP

Dba/ Alegis Group, LLC

aka/Pinnacle Financial Group - 7 Entries only 2 active!

Aka/FNBM Merchants, LLC
Aka/Performance Recovery Group
Receivables Management Solutions?

Also RJM Associates

I have a lot of work to do!
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