[shopaholicviet-d1]

Hi, i have just received a letter from the clerk of circuit court asking me to appear in court against LVNV Funding L L C. I have moved several times and the letter was sent to my old address and therefore the court is not in the same city in which i reside in now.

I went throught a period where all my cc account went delinquent. Therefore, I have not kept up with who purchased my debt. in the letter, it only listed the name LVNV Funding L L C. There was no contact number or the amount I owe.

What is the first step i should do? Should i try calling them? but i don't even know the account number? i do not want to drive 3 hours to have to appear in court at the rate of gas....in the court letter, it says i can write them with a good cause that may result in dismissal. have anyone ever tried that????

please help

[shopaholicviet-d1]

Hi, i have just received a letter from the clerk of circuit court asking me to appear in court against LVNV Funding L L C. I have moved several times and the letter was sent to my old address and therefore the court is not in the same city in which i reside in now.

I went throught a period where all my cc account went delinquent. Therefore, I have not kept up with who purchased my debt. in the letter, it only listed the name LVNV Funding L L C. There was no contact number or the amount I owe.

What is the first step i should do? Should i try calling them? but i don't even know the account number? i do not want to drive 3 hours to have to appear in court at the rate of gas....in the court letter, it says i can write them with a good cause that may result in dismissal. have anyone ever tried that????

please help

Check with the court to make sure they have filed against you, if they have then be sure to appear in court on the day of the hearing or the judge will issue a judgement against you. When you go before the judge tell him that you no longer reside in that jurisdiction (improper venue) and ask that the case be dismissed.

so i cant write a letter to have the court dismiss it? i am not sure i will be able to make it to tampa on that day.

thanks for the info. I currently live in Orlando florida but the letter states that i need to appear in a court in Tampa fL. I moved to orlando about 1 year ago.

i requested a free credit report last night and LVNV appears on their but it doesn't look like they have the orignial cc company name.

should i try contancting LVNV? or the courts first? I want to do anything to avoid appearing in court on june 11.

ok, i am really new to this and i haven't gotten muc respose but here goes anothing post....

i called the court to see if that was really a case file against me. I gave the representative my case number and she told me that i didn't have to appear in court. That the letter sent to me was a NOTICE OF INTENT TO DISMISS FOR LACK OF PROSECUTION ON COURT'S OWN MOTION....have anyone ever recieved this letter? what should i do next????is it true that i won't be penalized for not showing? she told me that either way, the case will be dismiss

i ask the representative if there was a lawyer name or number on it and she gave me one. One number was to Morgan and Morgan ( a law firm located here) and the other one i couldn't reach anyone.

Should my next step be that i send LVNV a request for a validation letter???

[shopaholicviet]

anyone out there?

Today I also found an account from "lvnv funding llc", opened on April 2005 (BTW, I am living in Georgia now, the Statute of Limitations here is 4 years).

There is a line says "Collateral: 12 SEARS CITI SEARS". There is a long story concerning the Sears Card. It is a secondary sears card that I applied in Ohio and lost several years ago and it is used by somebody for $129 and in August 2003 it was charged off at $407, and I did not know all these until Dec 2004. By that time Sears was already sold to CITI, and I failed to explain this to CITI collection people. However, I disputed with credit agency such as Experian and Transuntion and succeeded.

Later, looks like CITI sold debt to LVNV and they began to send me settlement letters and I ignored them, thought I did nothing wrong. No letters coming from LVNV anymore ever since 2008, though. But when I check my credit report today, LVNV are listed on all three credit reports, and my credit score is really low

I have the following questions:

1. Since it is a credit card, should SOL apply to April 2005, or August 2003?
2. SOL should be 6 years (Ohio, as where it was applied) or 4 years (GA, as my current residency)?
3. Am I still in SOL? Or Out of SOL?
4. If I am within SOL, should I write DV to LVNV now, right?
5. If I am out of SOL, should I dispute with 3 credit agencies?

Appreciate the help!

[JCEMT]

Welcome to the community Phrank.
To answer your questions:
1. SOL should apply to the date of last activity(when you last paid on the account) since apparently nobody has paid on the account it would run from the date of last debit.
2. SOL would run for the state which you currently reside in therefore it would be 4 years as you stated for an open account.

3. That means that the SOL has expired.

4. Yes, you should DV them as well as Sherman Acquisitions and Resurgent Capital Services to make sure you have all their companies covered.

5. Yes, SOL is just the time frame in which they could bring civil action against you. The time in which they can report to a credit reporting agency (such as experian) is governed by the FCRA (Fair Credit Reporting Act) which is 7 years plus 180 days from the DOLA (date of last activity)

I hope I have answered all your questions to some satisfaction. If you need a DV template you can find one via my signature link, be sure to send it certified mail, return receipt requested. Also be sure to send the enclosure with it.

If you have any further questions please feel free to ask.

Thanks JCEMT:

Yes, I will DV all of them (LVNV, Resurgent Capital Services, and Capital Management Services) with certified mail. There are several following up questions:

1. Is it too late to DV them. They did mail me last July but I did not argue with them, so 10 months past already.
2. What can be the possible or best solution after that? Pay them? Or dispute?
3. If pay them, is it safe to pay them after SOL? Will this clean my credit record? And how much should I pay, the amount they purchased the debt or the original debt ($129)+fines ($524)?
4. If dispute, dispute with whom? LVNV, or credit agencies? (I believe the original purchase did not bear my signature because it is lost/stolen)
5. I know after SOL, I am not obligated to pay them. But since they can continue to report to credit reporting agency for another 2.5 years and will keep hurting my credit score, what can be a solution to protect my credit against them?

Appreciate again!

I have a Sears bill for windows that I bought. When I was making a lot of overtime. Then of course I get laid off. I was paying one collection agency monthly then after a month the collection agency didn't have my file. So then about three years have passed then I get a letter from the Sheriff coming to the door with a complaint from LVNV (Mann-Bracken) So I saw a lawyer he told me how to respond to the complaint. Just had to answer the twelve questions they had . I went to the dept.of Prothonotary & filed my response I get another complaint today but not from the sheriff saying I'm being sued for not responding. At one time we made them a settlement offer they said they would get back to us. When we call there we get an Indian that doesn't speak english. There machines would call us tells us to call back and we get this Indian guy again. I can;t understand why they said I never responded to the complaint. I'm looking right at it. It is stamped and dated @ the court house. Man are these people scum are what.

this co. is suing me for a credit card debit, which i never owned i got to go back to court feb. 3rd 2009. with proof to the judge showing i donot owe this debt. i a n d my husband purchased a veh i c l e 3 years ago f r om a c o m p a n y c a l l c i t i f i a n a n c i a l a u t o t h a t w a s t h e n a m e o n t h e s u mm o n s w h i c h w a s s e r v e d t o m e. p l e a s e g i v e s o i n s i g h t o n t h i s

You Should not have to prove the debt is not yours. Put the burden of proof on the plaintiff. Motion to request production of documents. you can go to the court house and find out how to do this or your local law library.

Also check all 3 of your credit reports and see if LVNV funding is on there, then look to see if the original creditor they say you owe is on there also. If not then that is your proof right there to show the judge.

Still fight it though, request production of documents.

What state are you in? are you positive this is not your debt?

please, someone help me if you can, i and my husband purchashed 2 vehicles in 2003 one for me and one for my husband paid mine off, but my husband,s job had to cut some of his work days short, and i am on ssi disability with a small income he couldn't no longer make payments so we didn't have no choice but to turn the vehicle back in. to a co. call citifinancial. that was 3 years ago. a man came to my door a month ago ,served me with a summons to appear in court for a credit card debt, i never had a credit card in my life. when i went before the judge i disputed it. so the judge gave me another court date set for feb. 3rd 2009. he asked me to bring proof that i don't owe that debt. please tell me what i can do. i never recieved a bill from this co. LVNV never heard of them before.

could someone please post the address and phone number of this co. lvnv. thank you happy holidays from my family to yours.

[NASCAR_Devil]

Resurgent Capital AKA LVNV
15 South Main Street, #600
Greenville, SC 29601