LVNV Funding Questions

I plan to call the "Secretary of State" office Monday to inquire about the Corporation/Registration being a possible issue.

In my case, I really don't anticipate this being an issue.

I don't think a CA or debt buyer dba a corporation is required to register in a State in order to hire an Attorney to act as an agent on their behalf.

But, this is just my opinion.

According to Ga. code, an out-of-state corporation is not required to register in order to collect a debt.
Collecting a debt in the State of GA.does not constitute transacting business.

So that would me they can come after me by using the georgia attorney to do the leg work for them. I am going to answer their interragotories and mail it back. Then I will wait to see how they proceed. I consulted with an attorney, however he told me his fee would be more than what these people want out of me. Hopefully by me responding to all there letters I can show them I am not backing down until the finish.

I don't know about other States, but from what I understand it is legal for out-of-state CA's/LLC to collect debts in the State of Ga.

Lindy, are you familiar with the Civil Rules of Procedure for the State of Ga.?

You need to become well versed on when and how to file motions at the proper time.

No I am not - where can I find those at. I am getting ready to reply to their questions. Do I need to type their question first and then type my answer.

This is the link to the Georgia code.

http://www.lexis-nexis.com/hottopics/gacode/default.asp



Scroll down the index and click on:
Title 9-Civil Practice

Then click on:Chapter 10-Civil Practice & Procedure generally



Although you don't have to, you can type the questions.

You can also use the same order numerical reference when answering the questions.

do I need to read every article on that topic - that is alot of stuff. Thanks so much for your help as i have 15 days left to get this documents back to the attorney.

The collectors do not have to be licensed in Ga, however they have to pay a $50,000.00 fee to the county where they are doing business from.

I just noticed another error. The court summons is supposed to have the seal of the court on it and it doesn't.

Also I got the original summons without the complaint on January 23rd. it was over 2 weeks later I got a second summons with the complaint. The sheriff still put the 23rd on it as if he served it the same day. It was not a photo copy because his signature and the date of the 23rd do not match.

What do I do?
I plan on going to the court house and see what the hell is up.

You may wish to seek legal council (at least a free consultation) to better determine what your action should be at this point. It would benefit you as legal council in your area would have a better understanding of your district's rules for civil procedure.

HA HA!!!!!!!!!!!! I think I found my answer.

debt collectors must be licensed to collect debt in Massachusetts.LVNV Funding is not licensed. They never even applied. If they act as a passive debt collector they must have a licensed debt collector or licensed attorney to collect BUT they must also notify the attorney general who will be collecting for them.

My question is, On the summons, it lists LVNV Funding as the plaintiff. Does this mean they are not acting as a passive debt collector and would require them to be licensed?

Perhaps, although they are acting with an attorney representing them. Not sure if the attorney is considered to be the party collecting on behalf of them. You may also wish to see if the attorney has a business license and is also licensed to practice law in your state/county by checking your state Bar Associations website.

OK update, I went to the courthouse today to have the default removed. I go on 6/17/08 and if they don't show up, I win. I already mailed the attorney complaint so I just have to see if they sign for it.

So now I am going to go threw everything I have to present to the judge that they are in violation of and hopefully it will be enough.

I have another Question. Resurgent Capital Services IS licensed to collect debt in my state but LVNV Funding isn't. Should I also bring that up to the judge and tell him how they have many business names or is it safer to avoid? What should I say?

Each business even if it is a DBA for the parent company still must be licensed for business if required to do so.

This worked in Florida so maby it will work in my favor, from the FTC website:

Debt collector seeks default judgment for damages with “no evidence that the parties
agreed on any balance due and owing.”
The debt collector obtained a default judgment on liability against the consumer, then
sought a further judgment for damages. The court denied final judgment. “Not only did
the Plaintiff fail to attach a bill, statement or contract to the complaint, the Plaintiff has
not attached ANYTHING to its affidavit or the complaint that has the Defendant’s name
or signature on it…. Here there was no evidence that the parties agreed on any balance
due and owing.” Order Denying Plaintiff Final Judgment and Closing the Court’s File,
LVNV Funding, LLC v. Moehrlin, No. 2006-10917-CODL (7
th
Judicial Cir. Ct., Volusia
Co., FL Aug. __, 2006).