They say the account was opened in nov.2007, and I haven't opened any accounts in 2007. So how do I resolve this?

[unclewulf]

Demand validation of the debt from them. They need to prove that you owe this debt before you pay them dime one.

I also recieved A collection notice in regards to a studen loan they bought. The loan was from 1990 and was satisfied in 1995 by the IRS.Now this company is trying to collect more.

Me gustaria saber si esta compañia tiene algun telefono en Puerto Rico, Gracias

It is great to see this response after I google LVNV. I have been getting calls from a recovery company call Redline Recovery regarding some $4K debt that I am not aware of. However, when I contacted them my name and phone number is correct but the social security number they provided is so FAR from my number. Yesterday I received a letter from them with client as LVNV funding. I appreciate the sample letter and is currently reviewing my CR. Additionally, a lawyer friend of mine recommend that I file a police report (which I will do today), and submit all the documents to the various credit companies and back to LVNV and Redline.

do not be too quick to pay, unless you know it's your debt, see legal asst.

LVNV won't send the proof I need to know the account is mine. They don't send me my oringinsl signature on an agreement page or proof they own the debt.

So much of the information on this thread is wrong. Do not request validation during discovery. That is pointless and they will just object to the notion as being vague. DV during court is useless. You need to request production of exactly the documetns you want to receive i.e. original contract, assignement of debt, etc...

Statute of limitations is 7 years from date of last payment. LVNV purchases debt. Normally they dont get a statement or an application. All they have is the chain of where they purchased the debt. I work for a collection attny and once we file suit, if we cant get a statement or an app (either one) we normally have to dismiss the case because we have nothing to prove our case other than an affidavit. Most judges wants at least the last statement now. If LVNV can not provide something to you to validate the debt, then you can report them for failure to do so. The fdcpa requires them to do so when you request them to. Most they are going to do is harass you for the next 7 years unless you make a payment then it starts again from that date. Good Luck!

[goldenbast]

So much of the information on this thread is wrong. Do not request validation during discovery. That is pointless and they will just object to the notion as being vague. DV during court is useless. You need to request production of exactly the documetns you want to receive i.e. original contract, assignement of debt, etc...
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Well what do you think asking for validation is??? Asking for validation is asking for those specific documents.

Statute of limitations is 7 years from date of last payment.

The 7 years is for reporting to your credit report. SOL for being sued actually depends on what state you are in, for example the SOL in Texas and California is 4 years, so they can only force payment from you (via a judgement) if it is within 4 years of last activity.

what is this company?? i have never herd of them, but they say i owe a balance...

I am being sued by them also. I found out late last year my identity was stolen. They filed a claim in January, I answered the interrogatories. I sent out a DV letter in early March and still haven't heard anything, except for LVNV funding is asking ME for validation. They want me to provide my statements, receipts, the card, all of which are not mine. They want to know who destroyed them if I don't have these items in my possession. I put an investigation on trans union early this year and had to do it again the other day. I made sure to do it after the DV letter to get them on even more violations.

[JCEMT]

Welcome to the community guest, if this account was created due to identity theft then you will need to get a copy of the police report. Also check my signature for a sample debt validation letter, use it as a check list for items to request during discovery. Once they fail to provide you with with proper validation (since you didn't open it and they don't keep very good documentation anyway) simply motion to have it dismissed with prejudice.

They are debt buyers, they purchase accounts from Sears, GE Money, and Credit one. You usually do not hear from them until they send the account out for collection with Companies like Weltman, Weingberg and Reis, NES, Brachfeld & Associates, etc .... They have a lot of companies working for them. You should try and accumulate about 30% of your debt and settle with them. They will usually take the offer. But if they do not they will then send it our for collections. Sometimes they settle for less with these other companies.

The company im dealing with now is Lustig Glaser and Wilson.
They are debt collection attorneys and LVNV funding is the plaintiff. I never got to respond to the letters as I have had 3 major operations since last year. I did however send a DV letter on March 13th 2008.
Tomorrow brings it over the 30 days, and on hump day,
I will be sending a second letter. It shouldn't matter
if they already filed a lawsuit, should it?
I was told they still have to validate it and if they can't, the case would most likely be thrown out.
The Mediation isn't till July, so I think they are lagging seeing as they filed suit in January.

[JCEMT]

The best thing to at this point is request validation during discovery. Check the link in my signature for a sample debt validation letter, you can use the items requested as a checklist of documents to request during discovery. Another thing you can do is challenge the chain of custody, to do so you request (during discovery) the assignment contract or a bill of sale (contract if LVNV is only managing the account, a bill of sale if LVNV purchased the account) this will determine who they purchased it from. If it was not purchased from the original creditor request them to produce a bill of sale from the agency who had it prior following the chain back to the original creditor. If they cannot validate or they cannot follow the chain of custody then the validity of the debt is can be thrown into question, and you may be able to motion to dismiss the case with prejudice.

[JCEMT]

Additionally you can check the link in my signature for a guide to civil procedure by state/district.