[Chrys Henderson]

Well, they *are* the 10th most sued collector in America. Then again, they are also a huge company so I'm sure that even though they occasionally get it wrong, they get it right most of the time (either that, if they do wrong, their wrong tactics work most of the time). They've been in business since 1998, and even though they have 600 complaints (all resolved, by the way) to the BBB, they have a B- Rating.

You *want* them to do wrong, actually. You can sue them for $1,000 plus possible court costs and attorney fees. I'd be documenting everything and *hoping* they did wrong, personally.

If they sue you, and you file a Motion for Discovery (a VERY important step debtors don't often do) and they still win, for all intents and purposes it is "right".

The hardest thing to fight is if it isn't your debt at all, and they just have a case of mistaken identity.

Does anyone know how people are served papers? I've read that a sheriff has to actually hand it to you in person. Or hand it to someone, in person. Then i read that it can just get send in regular mail.. and no one has to hand you anything.

That makes me scared because its very easy for me to stand up and say "I was not properly served" When i know no one came to my home and knocked on my door and handed me any legal notice. If that did happen, you bet your tush i would of rushed to court and done everything that i could do before they got this default judgement against me. I work from home.. So there is no way i missed someone coming to my house to serve me. If it was sent in the mail.. how can they prove i even got it? I used to work for the post office... I know how easy it is for letters to never make it to where they are supposed to go. They get damaged easily.. and often are sent to the wrong address if the address on the letter is even slightly wrong.

I almost always open all mail with my name on it.. However.. my room mate is known to throw out junk mail from time to time.. So i can say i most likely don't get every letter that is sent to me. If this is how legal documents are being sent to people, its the worst way to go about it. You can't be sure the person will even be getting the papers. To many things can happen between leaving your hands and ending up in mine.. that can cause me to never get something in the mail.

So if someone does have to actually hand me papers for this lawsuit, and now this default judgement.. Its safe to say i never got them. This one website says its i who has to prove i was not served these papers.

I am most scared of that. I ripped through my mail trying to see if i could find anything legal from the courts or this company.. and i couldn't find a thing. I guess i will find out more when i go to the court clerks office and ask what address they tried to serve me at. Can i ask how they served me? Does a court officer or sherriff have to be the one to serve me?

Again. Thank you so much for even answering any of these questions. I am sorry if it seems like i am asking to much. I have never delt with this before. I barely use credit, or have any loans. I always deal with everything through money or checks. I don't like credit or anything that even remotely might get me into debt.. So all of this is extremely scary to me. And no one here where i live has been at all helpful. They don't return phone calls.. Or they don't listen to me. I've been told by a couple legal people "i cant help you.." So its been a nightmare all week trying to figure things out.

So again, thank you so much for being soo helpful and even answering these questions.

[Chrys Henderson]

You will have to swear under penalty of perjury that you never received nor were even informed about the existence of any summons until ___ [the date you found out], when you discovered it [how you found out]. Also state that *if* you knew about it you would have definitely appeared in court in your defense.

It's a real challenge because the process server files an affidavit with the court stating that you *were* served properly. As far as what you said about proper service, it depends on the state. Some states it's easier than others. I know of at least one state where they can just publish it in the local newspaper. That's why no one wants to touch it, it's a tough one to beat - it requires sheer luck, frankly.

Still, if you didn't know about the summons, then you didn't know about it and you should maintain that innocence strongly. Truth means truth. That's how these people sneak these judgements past people. There is even a class action lawsuit against a certain process server for doing just that on a regular basis. See this post.

you have no contract with a collection agency unless you make a payment to them.
You have no obligation to pay them anything and they cannot sue. They will threaten you with anything they can think of to badger you in to making that one payment.
Notify your credit bureaus that it is false as you own them nothing.

[paulmergel]

you are half right.even one payment unless agreed in writing means nothing to a bottomfeeder.however if a collection agency sees fit.they can return it to the OC and recommend a lawsuit.not all CA'S are bottomfeeders.just the ones that won't send anything,threaten arrest,and garnishment.the ones that do send something canfile suit as the now owners of the debt.we give people info in dealing with bottomfeeders,but to say ignore all collectors is asking for trouble.

Just to let you know, LVNV sold off many of their debts to Resurgant Capital Services. The phone # listed for LVNV at the top of the thread has a TYPO it's not 886 area code it's 866. When I called that # I got a machine that gave a new # of 800-365-7107. That's when I found ou they sold off their debts.

Resurgant Capital Services
PO Box 10587
Greenville, SC 29603
800-365-7107
877-264-5884 bankruptcy dept

LVNV Fnding is a bunch of crooks!!!!!!!!!!!!!!!!!!!!!!!

I just got served a citation from LVNV. They are suing me. Here's the deal tho - I got served today (Sept 17 2009), but the papers were filed June 19 2009. The reason I'm worried is that in Texas, the SOL is 4 years. Our last payment to Sears was May 15, 2005 which would mean the debt is old (post SOL as of May 16 2009) but.... the June payment we didn't pay was due June 23ish 2005. I wasn't freaked out at first but now I don't know if the SOL has run out! Well, I know it's run out *now* but ....

Any advice? Thank you!

[Ginger Texas]

Originally Posted by curlycarl

DOL: date of last activity is the date when you made the last payment for this account SOL clock starts from this date. Every state has its specific statutes of limitation. So you have to check when the account will be declared uncollectible legally. You can check this thread also-

http://www.debtconsolidationcare.com.../sol-info.html

I tried this without logging in, can't find my post! I apologize if this is a double post...

LVNV just served me with a citation today. Sept 17, 2009. OK, here's the deal. I know we're past SOL *now*.

Last payment to Sears was May 15, 2005. Texas has 4 year SOL. But the LVNV paperwork was filed June 19, 2009. Our first missed payment was June 23ish, 2005.

Did the SOL start on May 16 2005? Or did it start after we missed the June 23, 2005 payment?

What do I do? I have read 90% of this post and I still don't know what to do next! (A friend gave me advice - avoid the deputy trying to serve you! I didn't because I was afraid they'd get a judgment against me anyway)

Should I file for discovery or just send a letter saying it's past SOL????

Can I deal with this myself or should I get a lawyer?

Thanks!

These people are like buzzards picking up on pieces of info of nothing more than a name and then going to the phone listings for sending their collection agency cohorts the right to frighten and intimidate. Be sure they have the right person before you consent to their legal b----l letters.

Re.: Finding addresses of collectors:

If you have a credit report in hand, then the address of the reporting collections agency, in this case LVNV Funding, will be listed right in the report under "Creditor Information."

Going into a forum like this and asking probably won't be helpful because the agency may be contacting you from a branch or office that's different from those listed here. You must contact the agency that reported the debt to the credit bureaus.

If you don't have a credit report, you're entitled to a one free report annually from each of the four major reporting bureau, ie., Equifax, Expiron, Fair Isaac, and TransUnion; or when you apply for, but are denied credit for whatever reason. That's the law.

lvnv is takin me to court after said debt was removed from my credit report can they still sue when this was removed ???

1. Resurgent Capital Services LP
15 South Main Street
Greenville, S.C. 29601
2. Resurgent Capital Services LP
15 South Main Street #401
Greenville, S.C. 29601
3. Resurgent Capital Services LP
15 South Main Street Suite 700
Greenville, S.C. 29601
4. LVNV Funding LLC
15 South Main Street
Greenville, S.C. 29601
5. LVNV Funding LLC
15 South Main Street Suite 700
Greenville, S.C. 29601
6. Alegis Group LP
15 South Main Street
Greenville, S.C. 29601
7. Alegis Group LP
15 South Main Street, Suite 401
Greenville, S.C. 29601
8. Alegis Group LP
15 South Main Street, Suite 700
Greenville, S.C. 29601
9. Sherman Acquisition LP
15 South Main Street,
Greenville, S.C. 29601
10. Sherman Acquisition LP
15 South Main Street, Suite 401
Greenville, S.C. 29601
11. Sherman Acquisition LP
15 South Main Street, Suite 700
Greenville, S.C. 29601
12. Sherman Originator LLC
15 South Main Street Suite 401
Greenville, S. C. 29601
13. Sherman Originator LLC
15 South Main Street
Greenville, S. C. 29601
14. Sherman Acquisition
15 South Main Street
Greenville, S.C. 29601
Sherman Acquisition
Eliot Kite Sr. Director of Servicing Control
Michael Keaton Sr. Vice President
Algeis group, LP
Frank Smith Director of Legal Services
Resurgent Capital Services
Brice K. Smith A.V.P./ Senior Director
Michael A. Keaton Sr. Vice President
Frank Smith
Steven Horne
Tom Force employee unknown title
Tracy Hall employee unknown title
Tara Trantham Authorized Signatory July, 24,2007
Eliot Kite
David Richard Sr. Manager
Alegis Loan Services LLC 15 South Main Street Suite #401
Frank Smith AS attorney in Fact for Empire Funding Corp
Steven R. Horne Managing Director
Frank E. Smith Legal manager
Sheryl A. Emerson Legal manager
Alegis Group LP
Steven Horne Sr. Vice President
Michael Keaton Sr. Vice President
T Richard Hornaday Vice President
Frank Smith Legal Manager
Eliot Kite Senior Director
Brice Smith Senior Director
　
　
Citifinancial Services INC.
Michael Keaton Sr. Vice President Alegis Group as Attorney in Fact
Luke Unstetter Senior Manager
CitiFinancial 11436 Cronhill Drive, Owings Mills, MD 21117
Michael Keaton Vice President
LVNV Funding LLC
Kevin Branigan President
Sherman Acquisition LP
Kevin Branigan Authorized Representative
Steven Horne Executive Vice President Sr. Vice President
Scott Silver Authorized Representative
Frank Smith Attorney on Fact Legal Services Manager
Sherman Originator LLC
Laura M. Shaible Authorized Signatory
Steven Horne Sr. Vice President
Capital One FSB 1680 Capital One Drive, McLean, VA 22102
Frank Smith Attorney in Fact
Larry A. Klane President
PYOD LLC
Kevin Branigan President
　
　
Anson Street LLC
Kevin Branigan Authorized Signatory
Kevin Branigan President
Sherman Financial Group LLC
Scott Silver
Credit One Financial Services
Kevin Branigan Authorized Representative

I have the documentation from court records to back up my information. If you have been suied before 1/16/2007 and had a fffidavit by anyone other than Frank Smith, Brice Smith Michael Keaton or Steven Horne I can provide proof that Affidavit is false.

Well, we just found out there is a judgment in my husbands name from LVNV LLC. We found it because we are trying to re fi a loan from 30 year to 15 yr mortgage.
It turns out it is his son's judgement, almost the same name, he' J D Cochran. You'd think they would check the borth date and SS number before they just willy nilly ASSUME they got the right person. This is not the first time either, at least 3 or 4 times a year we get collection calls for his debt. Frankly, I want to turn hi, in, but my husband wont do it