Justice has found me!
Date: Mon, 02/04/2008 - 15:31
I have read some bad things about this company on these forums but I do owe the debt in question(sears credit card).
I am in Austin, Texas
My concerns are this, I cannot pay them in full 2600 + 454 interest + court and attorney fees.
Will they still set up a payment plan with me if it has gone this far?
What do I put in the written answer to the court in response to the paper that says I am being sued?
I have a plan(though not a good one)to pay off a debt so that I can start back at college. Once that is accomplished I can start throwing money at all my debts.
I am fairly certain I will lose if it goes in front of a judge, but I cannot afford to pay them outright either. My question then is that I have no real property to lose but I have a checking account that my paycheck is deposited into( I have read in these forums that in texas they can take your accounts)but nothing saved in it. Will they take this?
I fear if they can take this it will be a few months of them taking it all before it's paid off. I will of course be living on the street by then as I wont be able to pay the rent or anything else.
Should I just let it go to a default judgement and hope they dont take too much?
Any help would be appreciated.
Never let it go to default! You actually do have a chance....yo
Never let it go to default! You actually do have a chance....you should try to get an lawyer, naca.net is a good place. If you can't and wish to represent yourself the first thing you want to do is demand validation through discovery, that forces them to prove everything and provide your signed contract, all the statements showing exactly how much they say you owe (as well as the contract to prove any extra costs are legal) and to prove the account is not SOL...SOL in Texas is 4 years, so if you have not made a payment on that card in 4 years they can't even sue you legally!
To answer, you should have gotten a paper with a bunch of statements like So and so lives at such and such address, so and so opened a sears account at such and such time..etc...
You answer these with things like Defendant agrees/disagrees or has insufficient knowledge to agree or disagree...for example you know you live where you live, so agree..but when it comes to how much you owe, or to who...either disagree or state the insufficient knowledge.
Just in case I would stop your check from being direct deposited and revert to paper check...that makes it impossible for them to get that. It sucks to live solely on cash, but it sucks worse to have your bank account cleaned out. Texas is very people friendly..there is a whole huge list of stuff they can't touch. Plus the judge should more then likely oder you onto a payment plan, IF LVNV can manage to show all the proper documents....if they can't show the validating documents, you motion to dismiss with prejudice, that way they can't sue you on this account again.
I went to court in 2005 after being sued by the May company thro
I went to court in 2005 after being sued by the May company through Unifund. I could not afford a lawyer so I waited until that day and went. I met with their attorney ahead of time and worked out a payment plan before court. We then went to the recording office at the court house and I paid them monthly through the court. All documents were included with my summons...so it was all there for me to see. Just make sure you do go to court if all else fails.
They are right. I was not smart and didn't go to court now I am
They are right. I was not smart and didn't go to court now I am dealing with this default judgement on my credit report. If I had know about this site I wouldn't have done that. I also live in Texas and it is hard for them to get ahold of your assets. Biggest thing is make sure you go to court!
You will lose in court, and LVNV will rightly be awarded a summa
You will lose in court, and LVNV will rightly be awarded a summary judgement. Your bank account and paycheck will be attached, as well as liens put on your property. Your best hope is to contact LVNV, admit your debts, and immediately send in as much money as you can. They may still take you to court, but at least when you go you can demonstrate you've made a good faith effort to meet your obligations. Judges go hard on deadbeats.
Whatever you do, DO NOT LISTEN to collector. He has been asked
Whatever you do, DO NOT LISTEN to collector. He has been asked several times about various things and has yet to answer a one. He is here solely to sow confusion about your rights. For one, he apparently doesn't know Texas law. They CAN'T garnish your paycheck, it is illegal in the state of Texas.
I take great exception at collector inferring you are a deadbeat. What? You are a deadbeat for demanding your rights? I think not. The judge actually doesn????????t have patience for ????????lawbreakers- which LVNV does regularly. The judge will understand that you have every intention of meeting your obligations; you just want to be sure they are your obligations and true and correct, which is your RIGHT.
No nonsese collector must be rehearsing for his next phone call.
No nonsese collector must be rehearsing for his next phone call. That is the usual line of bullcrap!!
Timber..like goldenblast says "ignore him."
If you could answer these questions for me I can better assist y
If you could answer these questions for me I can better assist you.
1. What type of debt is it?
2. When was the last payment made (if you could at least please give the year)
3. What state do you reside in?
Don't even bother responding to him. he is a troll.
Don't even bother responding to him. he is a troll.
No Nonsense Collector is a coward as are most collectors. They a
No Nonsense Collector is a coward as are most collectors. They are on a power trip when they can hide behind a phone but in reality they are insecure little people who got picked on as kids and would be scared to death to talk to anyone face to face! NNC does not even know what the non garnishment states are which makes me think he probably can't even do his low life job well.
Collectors like him are the reason why the industry gets such a
Collectors like him are the reason why the industry gets such a bad name. Somebody must have beat him with a stupid stick.
reply
I WILL HOWEVER RESPOND WHEN YOU SHOW UP LIKE THIS.
I WILL MAKE THIS SIMPLE NOCOMMONSENSE COLLECTOR.
GO JUMP ON A BIKE WITH THE SEAT MISSING.
NOW GET OUTTAHERE DEUTSCH BANK. :evil: :evil: :evil:
It was a citibank sears credit card Last payment was Jul '04 I
It was a citibank sears credit card
Last payment was Jul '04
I live in Texas
They sent me the Plantiff's original petition which has questions on it that I am supposed to answer I believe.
I will go see a lawyer tomorrow, hopefully they wont cost too much.
What do you guys think my chances are of getting put on a payment plan by either the judge or me calling their lawyer?
How do you demand validation through discovery?
I would actually like to start paying this(this forces me to do it sooner though) but I cannot pay it all at once.
Thanks for all your help as well, this site is very informative.
The discovery phase allows both the plaintiff and the defendant
The discovery phase allows both the plaintiff and the defendant to request documentation. You do it via a motion to show cause. You can find a good validation letter in my signature. Request those items, make sure you serve them upon the plaintiff following proper service for your state/county (best to have your attorney do this for you) if they cannot show cause motion for the case to be dismissed with prejudice (that way they can't sue for it again and they will be forced to accept what you can send them on it)
?? Ya know, one of these days you're gonna cease to be amusin
??
Ya know, one of these days you're gonna cease to be amusing. When that happens, I'm going to track you down.
See ya soon. 
I faced a lawsuit from LVNV Funding through a law firm in Denver
I faced a lawsuit from LVNV Funding through a law firm in Denver, Linebarger I believe. definitely request the documentation, mine was also for a sears account that was past the statute of limitations. if they can't provide the necessary paperwork, which they couldn't in my case, the lawsuit was dropped and Linebarger had to pay my attorney fees, which was $500.
You should have counter-sued for the violations. :) But good jo
You should have counter-sued for the violations. :) But good job anyway!! Its nice to see people getting educated about their rights and not being cheated by some of these companies anymore.
garnisments
what are the laws for pay check garnismnets in california? and can my bank account be attached or judge against without me knowing it?
help
received a letter from collection ageny at my work to our human resources person, asking to verify my existence there or any information on me, she refused to answer it. What does this most likely mean, is it just a scare tactic?
Not sure why they are doing that. I checked the CA collection la
Not sure why they are doing that. I checked the CA collection laws, and they can send a letter to verfiy employment,but not sure with what intent.
Have you sent them a letter to have them validate the debt?