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Cop at my door this morning with papers

Date: Tue, 11/27/2007 - 08:25

Submitted by anonymous
on Tue, 11/27/2007 - 08:25

Posts: 202330 Credits: [Donate]

Total Replies: 35


Hi
I am in debt and dont know what to do,this morning a cop handed me papers filed from LVNV FUNDING. From what I can understand from them they are asking
Please admit that the Plaintiff is the assignee of and /or originator of an account in your name.
Please admit that the amount set forth in the plaintiffs petition is correct.
I think this is from a Sears card, I had tried at one time to deal with them and had been told that the 4000 dollar debt would be reduced to 3000 if I made payments of 300 a month which I did 2 mnths but stopped because they never sent me a written statement of our deal and received a call from a lady saying that I owed 4000 and that the 3000 deal was never made .What am I suppose to do with these papers? I am suffering from severe deppression and I dont know how to handle this or what to do.My husband and I are on the verge of divorce over all this crap and I am scared that when I tell him this it will be too much for him to handle. We have other cards that I have not bene paying on. I guess I pretty much have shut down --given up . I know this isnt an excuse but its how I feel at this time. I dont know what to do . I have thought of filing bankruptcy ---any advice would be so very much appreciated
Thanks


I am so sorry about your situation. I have been dealing with LVNV for almost 2 years now- they keep passing me aroung to their many agencies. Is there a court date, or a place for you to respond?

If you have any correspondence with them,keep it and take it to court, also notes of the conversations with them.

They work and do dirty--

If worse comes to worse and you have to go to court- be sure and file hardship papers with the court- they will take this into account and they will set up payments for you..

How old is this debt?--hang in there, we will help and support you in this..karen :D


lrhall41

Submitted by Bossy4455 on Tue, 11/27/2007 - 08:30

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It doesnt have a court date --at least I dont see one. How do I respond to what they are asking>yes they play dirty.Last year, they called everyone on my road asking for me. When I called them and ask that they not do that He told me he could do what ever he liked. We exchanged words and I hung up, he called me neighbor again and asked her to tell me to call him back which I didnt.Yes , I guess as long as I am alive there is hope but right now I fill overwhelmed and severly depressed, I am not sure exactly how old the debt is? Any advice on how to respond to this is very appreciate.


lrhall41

Submitted by on Tue, 11/27/2007 - 08:48

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Char- know exactly how you feel, have been there many times.I am assuming there is a place or form for you to reply to? If so, there is usually a date as to when you need to reply.

sometimes they try to mediate and set up a payment plan in order to not go to court.

If You feel that any info they stated is wrong, the amounts, etc., put that in your reply.Cajun will be along shortly, he will have some wording, or Law Student, to answer this by.

I had a friend that had a judgement against her- she couldn't pay what the CA wanted- to make a long story short- when she went to court, the judge took into account her financial situation, etc., and the payments were lower than she expected..karen


lrhall41

Submitted by Bossy4455 on Tue, 11/27/2007 - 08:58

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All this is new to me. So I just write a letter asking that they validate? What about these papers I got this morning? Do I admit to what they are asking and mail them to them? Its a 3 page document the first page says You are hearby summoned to comply with the deman contained in th epetition of which a true and correct copy acompanies this citation or make and appearance either by filing a pleading or otherwise ,the 21st Judicial District Court in and for the Sate of Louisiana within 15 days after the service here of under penalty of default---2nd page is long and is pretty much a sum of what I owe 3rd page says what I wrote above


lrhall41

Submitted by on Tue, 11/27/2007 - 09:03

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It's hard to stay positive when these things happen- I knwo! I overwhelm myself alot. Like I said, the worse thing is that they take you to court and get a judgement- the judge won't let them set up the paymens. he will, just have your financial infpo ready if you go.

I believe you can also go to naca.net and find a legal aid attorney if you want to, and get some input there. I didn't want to tell my husvand either, but I bit the bullet and sat down with him and said we would work this out together. I explained that I got too overwhelmed by all the bills and not being able to pay them, that I did nothing--but that was all going to change- and it did. It has taken time and hard work, but my life is so much better since coming here..Best of luck to you..karen :D


lrhall41

Submitted by Bossy4455 on Tue, 11/27/2007 - 09:15

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Char hang in there, things will work out well. Do what bossy says make sure you have your financials ready when you go. I am in the same situation as you are and maybe even worst LVNV Funding called me a lot and sent me lots of letters for a Sears card I defaulted on about four years ago and I owe them $4700, then they turned this debt over to Phillips Cohen and Associates about four months ago, I sent them a DV letter almost three months ago and I never heard back from them. I am waiting for bad news soon. I also have about six cards I defaulted on and the funny thing is that my husband does not even know. Try to control yourself and not fall into depression I know its hard. I am sure that you will be able to make some kind of arrangements if you have to go to court. Go ahead and have the debt validated like kashan said. I really wish you the best and hang in there.


lrhall41

Submitted by KATELYN2COOL on Tue, 11/27/2007 - 09:30

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I am in Louisiana.I tried to make payments to them so I am guessing that the STATUTE OF LIMITATIONS start from my last attempt at payment? Does anyone have a sample letter that they wrote for debt validation? I guess being that I do owe Sears that I should respond to these papers ...stating that I do owe the debt and ask if they will set up payments. I tried this once as I stated earlier and they still hassled me and didnt hold up to their agreement. My fear is that someone we owe will start garnishing my husbands wages. What a mess. I should have handled this mess better but after trying for what seems like forever and getting no wheres I just shut down and have done nothing to fix this . To pay on a card for a year faithfully and owe more after a year than I did before is what caused me to give up.


lrhall41

Submitted by on Tue, 11/27/2007 - 10:05

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there is a good sample in the diy section of the forum.here is the sol for your state.
Louisiana Statutes of Limitation

Contracts: 10 years.

Open accounts: 3 years.

Lawsuits, which are filed but not pursued, become null three years after the last action taken.

Judgment: 10 years, and if not renewed within the ten years become a nullity


lrhall41

Submitted by kashzan on Tue, 11/27/2007 - 10:08

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Yes I will respond to them in the 15 days but I really dont know what to say. no doubt I owe the debt but when dealing with these people I am sacred to be honest.


lrhall41

Submitted by on Tue, 11/27/2007 - 10:13

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I understand totally where you are. I just filed chapter 7 bankruptcy. I went with a debt settlement company and got sued. I wanted to do the right thing but the credit card companies are ver heartless. It bothered me at first but now I am relieved. That why we have bankruptcy TO Get a Fresh Start. My credit was ruined anyway. My husband was mad at first but got over it. Good Luck


lrhall41

Submitted by on Tue, 11/27/2007 - 11:05

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thank you for your reply...what happened with the lawsuit? how are things now after filing bankrutcy?was it expensive to file bankruptcy?
char


lrhall41

Submitted by clegath on Tue, 11/27/2007 - 11:22

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As son as I got the summons I called a bankruptcy attorney and made an appointment. It stops all of the lawsuits once you file. The court costs are 299 and my lawyer was 1400. I can make payments. Believe me I tried everything.


lrhall41

Submitted by on Tue, 11/27/2007 - 13:52

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They were served for two reasons but maybe for one purpose:

1. To have you admit that the facts they presenting are correct.

2. To get you to acknowledge the debt.

One you agree that ther information is correct (it's probably a document called a "request for admissions") then they don't need you to show up in court. The court will accept it as your testimony and they get their judgement.

If you can avoid the debt for 4 years (no use, no payment, conversation, correspondence etc.) then they are barred by the statute of limitations against persuing it legally althogh it can stay on your credit for 7 years,


lrhall41

Submitted by on Tue, 11/27/2007 - 14:13

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You could answer that you don't have enough information to admit or deny the allegation. Do that each time and then include the DV letter, demanding they validate the debt...If this is not small claims then I think that is called discovery (I don't think small claims on the norm do discovery unless specifically asked for).

Whatever you do, show up to the court date, or they will win by default.


lrhall41

Submitted by goldenbast on Tue, 11/27/2007 - 18:54

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Call the Plaintiff's Counsel and ask for an extension, explaining that you are in the process of retaining an attorney, if they agree then request a stipulation extending time to respond to complaint to file with the court.

You have the luxury at this juncture, seek Counsel when dealing with these people. I would not go pro se if seeking bankruptcy.


lrhall41

Submitted by on Tue, 11/27/2007 - 19:01

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I would not represent myself in a civil action, if I am also seeking a bankruptcy at the same time.

Having had clients who have dealt with bankruptcies and debt suits, personal injury actions, etc. I can tell you that the paperwork to notify the court of a bankruptcy is extremely intensive.

In addition, you would need to protect your interests in the debt collector action; which also requires an intense amount of work. Any error in handling this matter can change the classification of your debt from being dischargeable to collectable once you recover from bankruptcy.


lrhall41

Submitted by on Tue, 11/27/2007 - 20:29

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Retain Counsel if filing for bankruptcy is the short and simple form of it. Anything legal related prior to bankruptcy should be transferred to an attorney, even filing an answer in an action. So the short and simple answer is pony up, if you're going to file for bankruptcy due to the fact that even as an attorney, I have to do intensive research on which Notice of Pendency I file with the court, what documents I need to file according to the type of matter, etc. in a case with a client who has filed. In some cases, I even have to consult with bankruptcy counsel to protect my interests against a malpractice lawsuit.

The short and simple, chapters 7/11/13, etc. are nothing to mess with in other pending litigations. It could be the difference between discharge or recovery by the creditor.

There are also procedures during bankruptcy that can make a debt collectable by litigation even during bankruptcy. A messed up answer can cause the case to return to active status in the court, thus moving the creditor to a priority to get their share by a simple procedural motion for relief.


lrhall41

Submitted by on Wed, 11/28/2007 - 20:40

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Char, file your answer with your local court house. Take it in and they will stamp it with the date and "Filed." Once they have stamped it, ask them to make 2 copies. Mail one copy to LVNV funding and keep the other copy for your records.

I can totally relate to how depressed you must feel, and know how debt problems can wreck a marriage.

Are any or all of these debts joint debts with your husband, or all they all yours? If you decide that bankruptcy is the way to go to end this nightmare, would your husband be on board to file as well?

If you decide not to file for bankruptcy, please don't ignore the cards you haven't been paying, as you'll most likely be served again for one of those accounts, and things will just seem hopeless once it has reached that stage.


lrhall41

Submitted by Tiffany99 on Thu, 11/29/2007 - 14:36

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Yes, get an extension from the Plaintiff's Counsel to answer (on the premise that you're in the process of retaining counsel), then file the stipulation/consent with the court. You are then able to retain Counsel to file the answer and represent you in the on-going matter.


lrhall41

Submitted by on Fri, 11/30/2007 - 23:03

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Bud Hibbs can be a valuable tool up to a certain point, just to know the Plaintiffs and their Counsel. However, in a venue such as a court room, it's a totally different animal.

I can go and say my adversaries (like drazin and warsaw, jacoby and meyers, weitz and luxenberg, sullivan papain block, etc. are all sleezebags; however, they can also wreak havoc on anyone.

Knowing thy enemy is important to equip for battle, however, battling your enemy is more important. It doesn't matter these people are sleeze, because in a courtroom they're all attorneys.


lrhall41

Submitted by on Mon, 12/03/2007 - 18:57

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