LVNV Funding Questions

OK I have another question as to LVNV Fundings address. The attorney says their principle or usual place of business is at 15 South Main St Ste 500, Greenville, NC 29601, I know a slight typo on their part it should state SC. I plan on asking their attorney and see if I can catch him.

Anyway that address according to the Wisconsin court system is for Resurgent Capital Services 15 South Main St Ste 500, Greenville, SC 29601. I will post the case numbers for the court in my response.

LVNV Funding also lists that address in some of the lawsuits. But they also list their address as PO Box 10584, Greenville, SC 29603 which would be SHERMAN ACQUISITION, LP/ALEGIS GROUP LP
PO BOX 10584 GREENVILLE, SC 29603-0584
PHONE (800) 363-3115

If you go and look at any state corporation division LVNV Funding lists their principle office as 625 pilot road suite 2 Las Vegas Nevada 89119

In my state they haven't even filed an annual report yet which they can have their permit revoked.

Do you think I have anything on them from what I have posted above?

Oh yeah and I also forgot to put
Milwaukee County Case Number 2004SC020414
Sherman Acquisition
P O Box 10369, Greenville, SC 29603

or also
Case number: 2008 CV F 00050 Fairfield, OH
LVNV FundingPO box 10369
Greenville, SC 29603

Anyone?

If they have actually had their permit revoked then you might be able to catch them one something. If they are our of the compliance guidelines and have not filed within the time frame allowed then you may be able file a complaint through proper legal channels to get their permit revoked if that is required for your state.

Well it usually takes 2 years of inactivity for them to get revoked, not filing annual reports is one of them.

They filed an Application For Registration on 09/15/2006 at 5:32pm. The next thing they filed was a Certificate of Amendment on 04/23/2007 at 4:00pm and that was when they changed their address from 5348 Vegas Drive, Las Vegas Nevada 89119 to 625 Pilot Road Las Vegas Nevada 89119.

It is almost the exact same dates of incorporation for South Carolina and LVNV Funding has the South Carolina address and also that the account was opened with them in 2005.

I am hoping I can use the credit report I got directly from Trans union as evidence to show that they where conducting business in my state plus SC before they where able to do so.

I heard something that a debt collector that is not licensed to collect in a state, like Massachusetts, can hire a licensed collector or attorney to collect for them. How does that work? Wouldn't that defeat the purpose of having licensing regulations?

Would the unlicensed company not be a plaintiff in the case and the licensed collector or attorney be the named plaintiff?

I found out some more good information today. If a debt collector is not licensed in Massachusetts they can not contact a consumer in this state. Even if they leave a message on your machine and tell you to call back, if you do and they talk to you, they just violated Massachusetts debt collection laws and consumer protection laws 93A, plus the fdcpa. So I can sue them for up to treble damages under 93A.

I may try to see if I can get a counterclaim plus I am going to add up the FCRA violations against them. If it's too late for a counterclaim I will try to get their case dismissed with prejudice, motion for involuntary dismissal, and then I will retain a lawyer and sue them.

If I can file a counter claim, do you think the court will appoint an attorney for me or am I on my own? I want to make sure I go about this right.

OK I got in the mail today from the attorney for LVNV Funding saying that they want my motion denied. They state that

LVNV Funding is a foreign corporation that does not conduct business in Massachusetts has no offices or facilities in Massachusetts.LVNV Funding has no employees in Massachusetts and they do not call debtors on Massachusetts and do not send mails to collect debts in Massachusetts.

They say that because they retained an attorney to collect for them that they don't have to have a license to collect.

Is that true?

Also I have a letter from the attorney from 10/07 saying that LVNV Funding had contacted me in the past and I am unwilling to pay them and they may make recommendations to them to collect.

I would say that even if they hire an attorney to collect for them and the fact LVNV Funding is the plaintiff that is considered collection activity. Am I wrong? What do I say?

bump

Anyone have any information on what I posted above? Also to add would reporting on my credit reports be considered collection activity?

I also feel them LVNV Funding, under debt collection laws, operate directly or indirectly,
Which would be by definition, Not direct; roundabout; deceiving; setting a trap; confusing.

So am I correct to say that their lawsuit is void for not being licensed?

If the attorney is collecting on behalf of them the attorney would have to be conform to licensing requirements for the state (business license, bond if required) and if they are collecting under an Attorney's name or on an Attorney's letterhead they must also be licensed to practice law in that state.

That's what I figured it's a catch 22. If a debt collector collects debt solely threw a law firm, they must get a debt collectors license. They say LVNV Funding has no part in this lawsuit.

LVNV Funding is the plaintiff, that would be collection activity.

I think it's hearsay that the attorney can make those allegations that LVNV Funding doesn't make phone calls or send dunning letters.

Well I got about 3 pages of information typed up. I am afraid I might miss something but these people will not go down without a fight. I can't wait till this is over with.

Any information that someone might be able to provide me would be great.

According to FTC staff the act of reporting on ones credit report does constitute collection activity.

OH DAMN!!!!!!!!!!!
I just thought of something. The attorney who is suing me says that he doesn't have to be licensed because he is an attorney.

His business name is
Lustig Glaser & Wilson P.C. I verified it with the corporations division.

So what part of that name says he is an attorney? That name could imply that he is a debt collector, right?

also to add to the above question.

Chapter 93: Section 24A. Term of license; bond; registration; rules and regulations

Section 24A. (a) No person shall directly or indirectly engage in the commonwealth in the business of a debt collector, or engage in the commonwealth in soliciting the right to collect or receive payment for another of an account, bill or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of an account, bill or other indebtedness, without first obtaining from the commissioner a license to carry on the business, nor unless the person or the person for whom he or it may be acting as agent has on file with the state treasurer a good and sufficient bond.

Would indirectly be considered hiring an attorney to collect for them?