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Posted: Tue Jul 29, 2008 8:49 pm Subject: LVNV funding

First of all, I want to say what a great forum this is! I'm learning a lot, thanks!

I don't even know where to begin with this agency, so I'll do my best to keep this simple.

I got a summons to appear in court back in April over an old credit card. I went to court, and the attorney asked me if I wanted to settle. I knew that the ammount they were asking was WAY off,(by at least $2,000!) so I didn't say a word. She then asked me if I felt I owed the money, I told her there was no way I owed that much money. Since it didn't get resolved that day, we got a continuance. I recieved a phone call from the law firm that hired her. (the firm that is suing me is on the other side of the state I live in!) They told me I needed to send them a letter of dispute, so I did just that. I've gone to court 3 other times since then, and they never have validation of debt! Rolling Eyes

Yesterday, their attorney told me that she recieved a stack of papers, including debt validation, but she wasn't sure if they were for my case, or someone else's, and for some reason, she didn't have them with her! So, yet again, another continuance! Just for giggles, after I left court yesterday, I stopped by the post office, and mailed a validation letter to the firm that hired her. I hope this will stop them. If this doesn't work, I don't know what else to do. Sad

Posted: Tue Jul 29, 2008 9:26 pm Subject:

Four steps are there after you get a summons: -

1. File an Answer
This can be done by you for dismissing a motion. If it is granted then the case finishes.

A counterclaim can be filed by you which is your suit against the claimant or complainant.

2. In the second step, you can ask for discovery of facts associated with the allegation. Some of its important aspects are: -
a) Interrogatories
b) Motion for producing documents
c) Examining the physical/mental state of persons
d) Admission requests

Discovery is the most expensive part of this process.

3. After you come to know about all the facts about the summons, now you can dispute a fact (in your case there is a dispute, I suppose). Then a Motion for Summary Judgment can be filed which is a good means for removing weak cases.
4. It may happen that the judge doesn’t allow Motion for summary. In such a case where fact dispute along with proper law exists and no settlement is involved then Trial is the last resort.

You can follow the above mentioned steps. But before that you should consult your attorney.

Posted: Wed Jul 30, 2008 10:05 am Subject:

Welcome to the Community Emily Very Happy

LVNV doesn't play fair, and will try anything, so keep on top of them. Keep notes of any conversations, copies of everything they sent or you have sent, this came in handy for me.

I have never gotten them or ther many companies to validate, or fully validate for me. Is the Law firm Weltman, Wieinberg and Reece(sp)? Keep DVing them. I have sent a letter along with my original DV to show that I was still waiting for a response for the original DV.

Make sure, as Phoenix says to follow all the steps before you go into court so that you will be prepared..Let us know what happens..karen

Guest · Posted: Wed Jul 30, 2008 2:49 pm Subject:

Thanks Phoenix, and Bossy. This is all so confusing, and I can't afford an attorney. My husband is about to get his second hip replacement surgery since may, and the hospital bills are mounting. There is no room in the budget for an attorney.

Bossy, the legal firm that LVNV hired is in Kansas City, MO. They hired a firm in the STL MO area to handle this case. I don't understand how they can collect money from people through such deceptive practices when they are supposed to know the law......or do they? Confused

Posted: Wed Jul 30, 2008 2:54 pm Subject:

P.S. I have gathered some info from the internet about LVNV. Would it be helpful to deliver the info to the judge before my next court date so he has some sort of background on this junk debt collector? Or would I be wasting my time?

Posted: Wed Jul 30, 2008 2:58 pm Subject: reply

there has got to be something,i would ask the judge your options.since it's obvious they can't validate,i mean how many
freaking continuances are they gonna request.probably until they can get a default.

Posted: Wed Jul 30, 2008 5:02 pm Subject:

Most of the time LVNV can't validate their portfolios. They count on the ignorance of of the consumer to deliver a judgment to them or they keep farming it out to other collection agencies to collect on.

Posted: Wed Jul 30, 2008 7:29 pm Subject:

It's so unfair that I never get to speak with the judge. He just calls the docket, and when he calls my name, I say, "here", then he says "second call". After he completes the docket, the attorney comes to speak with me, and she gives me another court date, and sends me on my way! It's so frustrating! Mad

And what's the deal with her not having this so called "stack of papers" that she recieved from LVNV? She's supposed to be a professional! Rolling Eyes

Perhaps these so called "papers" don't exist, or she really is confusing me with someone else. I'm so sick of these people wasting my time with this crap. Mad

But I'll keep showing up so I can be sure they don't get a default judgement against me.

Posted: Wed Jul 30, 2008 8:25 pm Subject:

To know more about LVNV and their activities, you can go through the following pages: -

[url=http://www.debtconsolidationcare.com/forums/lvnvfunding.html]lvnv funding llc purchases charged-off a/c from creditors[/url]

LVNV Funding LLC - summary page

You can find very relevant information about the ways of tackling LVNV when one get sued in the page:-
http://www.debtconsolidationcare.com/collection-agencies/lvnvfunding-s ears-account.html

Posted: Thu Jul 31, 2008 4:22 am Subject:

Did you file your own set of Discovery requests? If so, file a Motion to Compel. If they still do not produce the documents file a motion to dismiss.

Posted: Thu Jul 31, 2008 3:55 pm Subject:

What is a discovery request, and how do I go about filing that, and a motion to dismiss?

Posted: Thu Jul 31, 2008 4:06 pm Subject:

ask the clerk of the court on how to file a motion for dismissal on your own (Pro Se). They can assist you on the format it would need to be in. What I am thinking is to file a motion asking for dismissal based on their inability to validate the debt.

Posted: Thu Jul 31, 2008 4:09 pm Subject:

What is a discovery request, and how do I go about filing that, and a motion to dismiss?

Posted: Thu Jul 31, 2008 4:15 pm Subject:

Sorry, I didn't mean to post the same thing twice. Embarassed

Posted: Thu Jul 31, 2008 4:16 pm Subject:

Thank you jj. Very Happy

Minnie · Posted: Thu Sep 25, 2008 11:58 am Subject: LVNV Funding

I received a summons to appear in court in Texas on 9/29/08. I have already attempted to have them validate the claim, sent a 2nd notice and last sent a motion to dismiss since they did not respond to my letters. Is there anything else you can recommend that I need to know when I go to court, I will be respresenting myself because I cannot afford a lawyer.

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