I have a debt that was "Charged Off as a Bad Debt" during my BK. Then LVNV FUNDING LLC purchased the debt after it was charged off and now they are trying to collect. They have even added this debt again to my credit report making it look like I have 2 bad debts although they are the same. Can LVNV FUNDING LLC legally purchase the debt once it's been charged off in a BK?

[paulmergel]

no they can't.if they purchased a debt listed in a BK petition that's too bad for them.notify your BK attorney,and the trustee.also the creditor that sold the debt is in trouble too.for knowingly selling a debt that is part of a BK petition.you might be able to get some$$$$ out of LVNV,and the creditor.

Thank you for your message. I have contacted my BK attorney and he basically seemed to not care too much. My BK was over 2 years ago and he's done with me (that's the feeling I get). With that said, I would love to pursue this and get somebody into trouble! I bet I would have to hire an attorney. Maybe contacting the Trustee, like you said, would be a step in the right direction. ??

[paulmergel]

yes contact the trustee.they can help you get any action started.

Thank you! I will contact the Trustee on Monday.

[paulmergel]

cool, try to enjoy the weekend my friend.

I have . I just paid them off, Bank of America uses them to collect debt.

I received a summon letter but I told them its not mine and they left it at my door. Is it legal for them to just leave it there? What can I do to clear this? Can I take this letter to the courts and show them that its not mine.

[unclewulf]

The very first thing you do, is you call the court tomorrow when they open, and determine whether that's a real summons or a fake one. When you know that, we can plan what to do next. Meanwhile, what are the slime after? Is this really not your account? Wouldn't surprise me, BTW.

Originally Posted by unclewulf

The very first thing you do, is you call the court tomorrow when they open, and determine whether that's a real summons or a fake one. When you know that, we can plan what to do next. Meanwhile, what are the slime after? Is this really not your account? Wouldn't surprise me, BTW.

Well its looks like it might be for my son who has almost the same name as me. But he no longer lives here and has not lived here since 1996. The summon is a suing for some credit card debt by LVNV. When I tried to tell the person serving the summon that it wasn't me and showed him the name on the drivers license does not match the summon he just said that its close enuff and left the summon on front of my door and left my property. So I was not sure if this is legal or not for them to just leave it there like that. I will call the court to verify if it is a real summon tomorrow. Is there a way for me to get this dismissed? Should I contact the attorney on the summon to let them know that this is not me and I have never had a credit card from the company mentioned on the summon. Thank you for all your help. Just need to know what I need to do.

This is a crap ass company. They hire shady lawyers that lie and commit fraud. Verify the debit and make sure it is not in someone else name as happened with me. I had a very hard time getting it straight and ended up taking them and their lawyers to court. They are a bunch of shysters.

To Whom It May Concern:

Please know I have no responsibility for any outstanding debts/collections you may be trying to secure.

My ex wife ***** *********** is 100% responsible as part of divorce settlement and which was the basis for she and I getting divorced.

I can be reached at *** *** **** should you need additional information as I do not want my financial reputation further damaged by Donna Marincovich ex wife

Sincerely;

**** ***********


Personal information removed, for your protection. - Uncle Wulf

[NASCAR_Devil]

Mike...this isn't LVNV and it wouldn't matter if the debts are hers per the divorce decree. The decree isn't binding on the creditor, only you and your ex-wife.

I just checked my cr and see that Lvnv Funding Llc. is on their but their is no dat or what its their for so i just sent a dispute letter out to find out what it is.

Exactly, What everyone needs to do when dealing with LVNV Funding is to send a DV letter to both them and Resurgent capital services. Once they get the DV letter the account needs to be marked as disputed and no further collection can be taken until it is validated. If say, a month down the road you have either the same or a different company such as RPM D/B/A Receivables Performance Management try to collect on this account, you can then go right to the source, LVNV Funding and slap them with a lawsuit.

It is continued collection activity after a DV is sent when the main source farms it out. The account has to be marked as disputed, no questions asked. You can also include the company in the lawsuit who it was farmed out to if they try to collect on it just in case they know it is disputed and are ignoring it.