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

ok i looked more into things. it seems lvnv is suing me for money i had with a company. on my cp it says the account with this company is closed and the balance is 0%. now no where on my cr do i see lvnv. yet they are saying they are trying to collect the debt i have from the creditor whos account is closed. and has been since 2004. can lvnv do that?

Just make sure you file a Motion for Discovery. This is where they have to prove to the court that 1) it is your debt and 2) they are legally entitled to collect it.

the problem is they never served me papers for the summons filed aganstme. then they didn't serve me paperwork for the default judgement they had against me. i finally found out about all of this when i get a letter in the mail from the court saying they have a levy on my property and were going to come in ad take my property. i freaked of course because i had no idea on any of this.. i had no idea they were trying to collect on any debt. they never showed up on my credit report. i hope its not to late to fight these people.

Call your local civil court and ask them how to file a Motion to Vacate Judgement due to Improper Service or Improper Venue.

i will be doing that. i want to ask. .. the old company said it closed and transfered the account. if lvnv bought it, 5 years ago, it would be on my credit report right?

Wow! I would say that there is a good chance that it is beyond SOL, since they usually buy debts that are over 2 years old. You may wish to look into the actual default date of this debt because chances are it is now all behind you. If it isn't yet, it's likely pretty close....

Balance:
$0

Date Updated:
01/2004

High Balance:
[$an amount. its private]

Past Due:
$0

Terms:
$274 for 72 months

Pay Status:
>Repossession<

Account Type:
Installment Account

Responsibility:
Joint Account

Date Opened:
06/2001

Date Closed:
01/2004

-----------

this is my first time dealing with any of this...so i dont even know if this account is done and transfered, or what. but thats the debt lvnv is trying to say they bought. though they arent on my report.

thank you. by the way. none of the legal people i talked to in person,were of any help. it was hard to get anyone to understand this situation and this company. then i came here

I've been dealing with LVNV funding for awhile. I just filed a dispute on my credit report for their item and that of Chase (which appears to be the same bill that was sold to LVNV). I never had Chase, so I disputed it. LVNV claims it's from Providian. I just checked the status on the dispute and Chase removed it from my credit report. LVNV hasn't done anything. I suggest filing dispute on your credit report. Get them to prove it is your bill. If you've never heard of LVNV funding, then dispute it.

I was served papers by their local attorney. I called my attorney (Prepaid legal) who told me to send a Rule 21 motion to the attorney who filed it. A Rule 21 requires their attorney to notify me with a 10 day notice that they plan to file the complaint with the courts. I did that and requested any and all documents proving the bill was mine (discovery). It's been over 2 years and I haven't heard anything from them. I hope it stays that way.

Anyway, first you want to get that old judgment overturned STAT. But, actually, this makes no sense. If there was a judgment already, then what are they suing you for? If they say there is a judgment against you and there isn't, that is an FDCPA violation (if you have it documented as evidence you can sue them).

Is that 2004 date the real date of default? Of so, it is *not* past reporting SOL, but it may be passed your state SOL for suing. File a Motion for Discovery.

I believe they sued me first for not paying for this debt. (I had no idea they were even trying to collect on it. Since they are not showing up on my credit report and i didn't notice anything from them in my mail) If they use many different lawyers and addresses to try and collect on these old debts.. Its hard to recognize who they even are. I checked through my mail for well over a year and half ago and i didn't see anything from them addressed to me.

Since i never responded they filed for a suit or summons against me to i guess be able to get the judgement. I was never properly served papers for this.. (i found out later when i went to the court on Monday, they did this back in Feb 2009) So i lost in court because i never showed up (clearly i didn't even know) Then they got the judgement. Again.. I was never sent proper papers about that either. Either they are sending them to the wrong address or something... but i never got them. They got the judgement in May 2009. Now its Aug.. and on Saturday, i get a paper from the courts saying i have a Levy against my property and that they were going to come into my house and take any property i own. I ran down to the court out and filed a motion to object to the levy, i think that's what its called. But They weren't helpful. Neither was the legal aid people i talked to. They all looked at me like i was talking a different language and were like "They had to have served you to get this judgement."

I was sent home waiting for this lady to call me.. and while i was waiting, i did my own research and found you guys.. and also found out A LOT of info about the dirty things LVNV does to people to try and collect on old debts. Now.. .. if my old creditor sold the account to LVNV, i believe it should show up on my credit report. I have another company that collects for another small debt i owe, and they come up on there and its completely legal for them. If LVNV legally should be collecting on this other debt, i feel like the first sign of this is that it should be on my credit report.

Now im left to question if LVNV even went to court in the first place and got a judgement against me. The court papers look extremely fishy. Nothing on there showed me proof that its legal. The judges name is printed on there. Not written. The clerks signature is written out using what looks like a machine.. Or photo copied. The envelope i got these papers in, the address was written on there.. The the return address was one those address lable stickers for this legal court lady in my area. Yes.. she could of legally filed it.. But everyone in my family looked at this and said.. this looks completely fishy. So im starting to wonder if any of this is even really legal or not. Sadly.. i was very unprepared when i went to the court house on Monday. I was more then fully aware of who i am dealing with now.. and im going to make sure the judge really looks at the court papers that were sent to me. And then go to the clerk and depend they tell me all they can about and and all court dates pertaining to my case.. and how LNVN even served me papers.. I don't know.. im just.. like.. reaaaally mad and pulling my hair out cause no one here in my area was at all helpful.. .Thankfully you guys have all been really nice and extremely helpful with all of these things. Reading these treads really helps me understand the tactics this company uses against people.. and i feel i can now be catch up and soon be 1 step ahead of lvnv.

My States SOL is 6 years. Jan 1st will be 6 years for this debt. If they try anything again after Jan first.. im going to the courts and using that to see if i can then have that on my side as well to getting this company to stop.

Don't let a complacent court clerk get you down. Make them wake up and serve you. That is what they are *supposed* to be there for. The best of luck to you!

Again, file a Motion to Vacate Judgment due to Improper Service. Google your county court for the form and the filing procedure. If it's not on the county website, search for your state.

Oh, and thank you so much for your comments.

I have another question. Its not exactly on topic, but slightly. I checked one of my credit reports and it says the account is closed. But on my other one it says..
Account history: Repossession as of July 2006-March 2007, Jan 2001 - May 2006.

Date opened: 6-2001. Date Status: 04-2007. Reported since : 06-2001. Last reported date: 04 2007.

Does that mean that this company has been trying to collect on this debt up until 04 -2007? On my other CR is says it was closed on Jan 1 2004. So does that mean a CA got the account and then atempted to open it again to start collecting on it? Im really confused as to what those dates mean. I haven't touched this account since the car was taken. The OC never even got back to me to tell me how much more i owed on the debt after the car was sold. It was my first car, and as stupid as i was at the time.. i figured that taking back of the car was enough to end the entire thing.. and since i never heard back from anyone.. i really thought anything to do with this account was done with.

I never had a credit card.. So i never thought to check up on my credit reports.. Till now.

I guess what i want to know is.. What do all those recent dates mean? Like i said.. i haven't touched or was able to make payments for this account since 2003, and in 2004 they took the item... and i never heard from them again about it. So the account has been completely dead on my end ever since. I never got notice about still oweing money on it. Like i said..I knew nothing about credit and how it worked. My parents never taught me about it. They always ran and ignored their debts.. They never check their credit reports.. and so never showed me and taught me anything about it. (how i even got this loan in the first place is BEYOND me! )

Anywho.. i ask all this just so i have a better understanding about how old debts work, and how things are done. Since i do not trust lvnv, i want to make sure what they are doing is infact wrong.. or if they are legally aloud to be collecting on this debt and have been trying to do so since 2004. And instead of showing up on my credit report, they just re opened the account through citiauto again...

oh sorry. that was me.. forgot to put my name.

Well, debt does not just go away. Technically, they can attempt to collect on it as long as you are alive. However, they cannot sue you after your state SOL expires, and cannot report it on your credit report after 7 1/2 years from the date of default.

Dispute the entry with the credit bureau in question. You can do it online through [name].com

Haha trust me.. im aware of that now. At the time i figured that the company would inform me again about the amount still owed on this debt after it was sold.. Since i heard nothing about it for years, i figured they got enough money for the car to cover for the rest of the debt, and so the account was closed.

What i wonder is, if there is anyone out there who has delt with lvnv and it was all done legally. Lvnv was legal to be collecting on the debt.. and was able to prove they get the debt legally and proved it. Is there every a time when Lvnv actually was in the right against someone? Im having a hard time believe anything they do is correct.