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Sub: #17 Help
Replied on 09-25-2008, 11:02 AM
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I need advise, I receives summons to appear in court in Texas. A few months ago I requested from LVNV Funding a validation and followed with a reminde 6 wks from the 1st letter, finally I sent within a time frame later a notice to dismiss since they did not respond. Just yesterday I received in the mail a letter to contact them to negociate with them to resolve the issue. What do I do?




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Sub: #18 reply
Replied on 09-25-2008, 11:11 AM
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did you send the letters certified mail return receipt?if so that is continued collection activity.once they get those letters they can't continue to collect.that means taking you to court.if you did send them that way and have the receipts present that receipt plus the letters to the judge.that should put a crimp in there shorts.

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Sub: #19 Help
Replied on 09-25-2008, 11:15 AM
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Yes I did mail them certified and received confirmation back. And I plan to take them with me and copy of the letters I sent to them and present them in court. Should I just ignore the letter to contact them to negociate a deal with LVNV?




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Sub: #20 reply
Replied on 09-25-2008, 11:30 AM
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i would contact the court.there should be details on the summons.check to see if there is a court date.if so go and get there action dismissed.probably with perjudice.




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Sub: #21
Replied on 09-25-2008, 12:21 PM
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Did you add a "limited C&D" to your DV request to LVNV? Did you DV LVNV or Resurgent Capital or one of their other collectors? LVNV will take any limitation of contact as a full cease comm and then proceed with a suit (if you added the "limited C&D" to your DV, then they are w/in their legal rights to file and have not violated). Contact the court of record and obtain a copy of the record. What county are you in in TX? When was the last time you paid on the account? How is it reported on your reports?

Sorry folks...I've been stuck in St Louis for the last 2 weeks so I really haven't had time to keep up with current events. Flying back to Dallas tonight so hopefully will be back to my happy self tomorrow.....

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Sub: #22 help
Replied on 09-25-2008, 01:04 PM
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I live in Harris County, I received a original petition of citation on 6/17/08 and I responded back on 6/20/08 via certified mail requesting validation. Then I sent another letter certified on 7/25/08 requesting them to validate claim since they did not respond the 1st time. Then 8/22/08 I mailed certified letter on cease and desist attempts to collect since they never responded on validation and explained to them that I will resolve the issue with the original creditor instead. Just last week they contacted me by mail to contact them by telephone to resolve and make payment arragements.




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