LVNV Funding LLC: What to do if you find them on your credit report

Should I have to pay a credit card debt that was in my spouses name only and my spouse passed away. My spouse had no will or no money left .Would I be responsible?

Nobody...the estate would be responsible. Secured debts would be primary (house, real estate, vehicle) then unsecured creditors. If there is no estate, send that info along with a copy of the death certificate to the creditors. Rinse and repeat.....DebtCC

I got my credit report today, and I saw 2 negative entries on the report.

One from GAP which shows an amount incremented to $230 from $41 which had
a creditor's statement: Purchased by another lender
Status: Transferred,closed/Account charged off . $230 written off.
and the last date was apr 2008.


Second entry was from LVNV funding LLC.
The address : PO BOX 10497
GREENVILLE, SC 29603
(866) 464-1183

Original Creditor: GE CAPITAL THE GAP
Status: Collection account. $262 past due as of Jan 2009. Status Details: This account is scheduled to continue on record
until Jan 2014.

My question is I am not sure if these are legitimate.I called up GAP card, and they gave me GE capital number.
I can call up GE Capital, and ask them if these are legitimate or not. But if they are, then do I have to pay money to LVNV ?
Secondly, I dont want to deal with LVNV, instead I can pay off to GE CAPITAL. But if I do that, then will it get off from my credit report?
Also how is it going to infliuence my credit history in long run, if I pay off now.
Any help is really appreciated. Thanks - Nitin

I just got served a summons from these guys and am wondering what I should do. Can they really sue me for an unsecured debt that they purchased?

I had a Sears card with about $4,000 on it at the time of my divorce in 2003. I never piad anything on it and now I am getting letters and phone calls regarding this debt that i owe. I am also involved in a civil court claim with this company over this debt. They were unable to serve me papers on this and the court dismissed it without prejiduce. Am I free and clear of these hounds now or am I still in trouble with them and the court.

Wayrake:

Send both companies listed debt validation letters. You can find sample letters on the do it yourself link. It looks like GE Cap might be the current holder and LVNV is collecting upon it. If they properly validate, then you have a few options. You can offer a pay for delete, which is you pay it on condition that they remove the account. If GE accepts, LVNV will have to remove theirs as well. You can also offer a settlement, but beware….any remaining balance will get you a 1099 if over $600, which means you will have to claim it and pay taxes on it.

Dpitt777:

Oh yes, they can sue you. What you will need to do is file a motion for discovery, where you demand they produce al the documentation proving their claims, also use this documentation to determine if the account is out of SOL. Also answer that summons, but don’t admit to anything remotely about the debt..either deny it, or answer along the lines of: without sufficient documentation to agree or disagree.

Lvnv guest:

They can attempt to serve you again. If it was dismissed with prejudice, then they could not sue you again. Check your state’s SOL law and see if this is a time-barred debt, it looks like it is over 5 years old and some states have a SOL of 3-4 years while others have longer. Check. If they do sue you again, just do not admit to anything about he debt and make them prove it up with documentation during discovery.

I had this bill with sears, and disputed it in 2001, I paid a collection agency two pymts of 250 which i thought was unfair. I cant remember who it was., this was in 2002. I have not heard or been contacted until just recently this later part of 2008 by this nasty lady advising me i owe all this monies, i told her to stop harassing me. Now all of a sunden I get this summons from this law firm Fosters & Garbus saying I owe 1642. 00. I am so upset and now they wont stop calling me. They said I made a pymt in 2005 and i said i never did, and status of limitations is pass. I just dont have any proof to my pymt.

I defaulted on a sears acct in 2002 due to loosing my job I have been in school triing to acquire a career in the medical field and just getting by. I have received a summons from LVNV to appear in court with documents of proof of income tax returns and property owned I have completly neglected to do any thing in response to this matter now I'm not sure what is my next course of action Please Help!

back in june me and lvnvfunding attorneys came to a settlement on a old walmart account. the original account was for $1300 we settled for $1100. one week later after paying the attorneys a different collection agency started contacting me saying that i owed them $1500.I disputed them over the phone. I sent them a copy of the attorneys settlement .one month later resurgents capital sent me a letter saying that i owed them $1700 on the same account.could i take any legal action

Your company is listed on my credit report Account #3GU10202 Possible names Daniel E. Kelly or Carol E. Kelly no address or phone number to reply to. I need to know how to remove this item from our report and a letter stating its removal. You can email me at hugmomsong@yahoo.com

I am in the process of clearing out all my debt. I have an account with your company and the acct #444796111682 the account was opened in 6/2008. can you please call me to set up payment arrangements. 732-541-1688

smcmindes2006:
Answer the summons. Basically if you can’t prove you paid it off I would go the rout of denying the debt and making them prove it. In the discovery part you want to see the last statement and if the amount they are suing for is different then the amount listed on the statement (except the attorney and court costs) then you also ask to see a signed copy of your agreement/contract that lists how much in interest and fees they can tact on. If they say you made a payment, then also ask to see proof of these payments. If they provide the statement then that will prove that it is SOL and you can immediately motion to dismiss based on the fact it is a time barred debt. If they can’t produce anything, then you motion to dismiss based on no evidence of your obligation to pay. If they try to submit any affidavit, you object to it on the grounds that it is hearsay and you have the right to question the signer of the document.

Therichards:
I am a little confused…are they asking for those documents or are they using those documents against you? If they are asking for them, object to it and reply that there is no reason for them to see such highly personal information. You also want to sent them a set of demands during discovery, like a advised above..you want to see all documentation on this alleged debt.

patrick2053:
Resurgent is LVNV. Send them a copy of the settlement. Check your credit reports and make sure it is listed as settled and that no other company is listing it. With a copy of the settlement send them a total cease & desist, telling them that you want no further contact with them as that account has already been settled. If they still contact you, then you can sue them.

Carol Kelly:
Somewhere near the end of your credit report it lists the addresses of all your creditors, find the one you want and send them a debt validation letter.

Aliyah Robinson:
This is not LVNV we help people deal with companies like that here. You should send them a debt validation letter before you start any payment arrangement to make sure everything is on the up and up.

I have recieved paper from the police. There is something wrong here.I filed chapter 13 in 2001. It took five years to pay all of my credit accounts. I have not had a credit card since. I got a call from another collection about another card. Some one has gotten a card in my name. I just got a credit report! ther a many things wrong. I have no job, been out of work over a year.I have many medical problems, no insurance! I lost my house in Sept, 08 What is left. This needs to stop!! I HAVE NOT HAD A CREDIT CARD SINCE 2001. DO NOT OWN A CREDIT CARD!!

You need to immediately file a police report for identity theft, include any of those accounts on your credit report that are not yours. Send a copy of this to the creditors who are asking to be paid. If you are sued, answer the summons and deny the debt is yours and attach the police report.

Please tell me who I owed $213.00 .

I had a debt back in 2005 with LVNV and was paying them.Then in early 2006 was being sued by thier attorny and so I counter sued for fraud. They called and said they didn't know I was paying and to just keep [aying the same amount but to them so thats what I did.I finally paid them off in April of of 2008. I have been able now to refinance my home and found out LVNV has put a lien on my house for the amount I owed when I started to pay the attorny.My lawyer has tried to contact the attorney but hasn't gotten a reoly in 3 trys now. Any advise on how to settle this. it's the only thing holding up closing

THEY HAVE STARTED GARNISHING MY CHECKS I JUST GOT THE WRIT OF GARNENSHMENT 2 DAYS AGO AND THAT IS THE FIRST I HAVE HEARD ABOUT IT I WAS NEVER SUMONED TO GO TO COURT OR ANYTHING BROUGHT TO ME BY THE SHERIFF AND IT STATES IN MY STATE OF ARKANSAS THAT THE SHERIFF HAS TO BRING THE PAPERS i DONT UNDERSTAND ANY OF THIS PLEASE HELP