LVNV Funding Questions

Which is why you should always challenge their ownership via requesting contract and bill of sale/assignment contract during discovery.

I got another question. Can they sue me for them having to file it in court? they are also trying to get over $350 in fees. so now a supposed $1,900 has turned into over $4,000. is that legal?

They will probably try to tack on additional fees, however you will need to challenge not only the ownership as stated previously but also the amount they are seeking.

Can someone clarify this please? It looks like LVNV Funding has been charging over 12% interest for the past 4 years. There was never any judgment until now. According to below and without the original contract, they can't charge more than 6% interest, is that correct?

Chapter 107: Section 3. Rate of interest

Section 3. If there is no agreement or provision of law for a different rate, the interest of money shall be at the rate of six dollars on each hundred for a year, but, except as provided in sections seventy-eight, ninety, ninety-two, ninety-six and one hundred of chapter one hundred and forty, it shall be lawful to pay, reserve or contract for any rate of interest or discount. No greater rate than that before mentioned shall be recovered in a suit unless the agreement to pay it is in writing.

Legal:6%
Judgment:12%

So would any of the exemptions apply? If no exemption applies and it should legally default to 6% then they have a major problem.

none of sections seventy-eight, ninety, ninety-two, ninety-six and one hundred of chapter one hundred and forty, applies.

So does that mean that without the original contract, they can't charge any interest at all or only 6%?

Only 6% without the contract.

Interesting thing is, they would have to go back and recalculate the interest but even that is hard to say as who knows what else has been tacked on. If they were to sue you I don't think they have a leg to stand on.

Ok they have already sued me and got a default. I am going on the 17th to get it removed. They have on my credit report reporting from 2005 with a credit limit and starting balance of about $1,900. so over 3 years at 6% interest i come up with around $2271.41. they show a balance on all 3 of my credit reports raging $3,420 give or take $50 between the 3.

The ATTORNEY says that I owe less than that about $3,200.

The fact that they can't make up their mind on what you owe is going to make it really interesting for them to explain it to the judge. Also make them validate it (you can find information requested for validation via my signature link) don't send the letter as your already in court, just request the documentation (except the section that request a copy of the judgment) through the discovery phase.

Sorry, another question. According to the original summons I can't file a counterclaim now or in any action.

Should I tell The attorney the fdcpa violations hes made and also the FDCPA, FCRA and Massachusetts debt law violations LVNV Funding has committed, basically in an attempt so he knows that I can sue him in a separate lawsuit. I basically want to so him I know the laws and hopefully scare him into folding.

Do you think that will work?

What in the original summons stated you couldn't file a counterclaim? How is it worded?

Hmmmm JCEMT, I don't know if you replied but it didn't show.

Now it did that's odd, anyway it says:

Your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will be barred from making such claim in any other action.

It also says that under rule 13:
(f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.

So it looks like if I can show the court, I still may be able to slip a counterclaim in considering all the violations I have against LVNV Funding and their attorney.

So far I got the attorney for:

1692e(3) 4 counts
1692e(5)
1692e(10)
1692f(1)
1692g(a) it was overshadowing they stated I should call immediately before they are forced to make recommendations to their client.

I probably have more on the attorney but thats off the top of my head.

You can file a counter claim. It looks to me that they want it down during this case or not at all.

Thanks JCEMT I am getting all my information together.