Sued by LVNV, any advice?

That really sucks. I'm having to deal with this company now. They now own my Sears account and a third-party collection agency (UCB) is trying to demand payment in full on my account.

But they were kind enough to work with me if I could afford $365 payment by 3/30. Um, I can't do that because I am paying so many other creditors, and I still have to pay my rent, groceries, etc. I told them I am in debt counseling (which I am with MMI) so now I have to scramble to get MMI the information to send them a proposal. The collections lady said the next step they would take is to contact my employer for verification of employment and wages info, then it would go to legal from there.

What a pain these companies can be. :(

Have they harrassed you prior to this? Multiple phone calls, threats etc?

If you're asking me, frogpatch, they just started calling my workplace last week and I let it go to voicemail. Each day they had to speak with me "that day" about an "urgent matter."

I called them today and they said my work number was the only they had, so I gave them my cell number. No real threats except today they said they would escalate my account if I didn't make payment arrangements within an hour of when I talked to them. When I told them I couldn't pay they said the typical "well, isn't there someone you could ask for help?" I said now. I'm not asking anyone for help unless I'm really in dire straits and not just being threatened by a collection agency.

No, no harrassing phone calls, just a few. Two letters, signed by an attorney. My thing is, their exhibit A is just basically the Original Creditor name, their file number, and an amount owed. I can't pay an attorney. Can't I fight, and just do a graduated denial. I deny this is mine, and if it's mine, I deny I owe LVNV. Please provide the written contract saying I agreed to pay LVNV funding. The attorney provided a sworn affadavit that i agreed to pay the plaintiff for goods and services sold. I have no contract with this company.

Also, the SOL should be up, checking bank records to see when I last paid.

What they sent you is not proper validation, as I think you're aware. Ask for validation in discovery. When they can't produce it, move for dismissal.

"3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods
and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's records. A true
and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit ???????A???????.
4. Defendant received and accepted the goods and/or services described in Exhibit ???????A???????. "

As a part of the discovery phase of the case, demand strict proof of these "goods and services". It would be interesting to see, as LVNV only purchases old (often out of SOL), junk debt, and can rarely come up with any proofs in writing. Above all, show up for the court date. They are counting on you not to.

If you want to give you some info please email me at Email removed for your safety Bossy4455. Mine was in NJ but the process is similar.

First, I would advise you stop being such a deadbeat and maybe you'll stop being sued. Next, I advise you to scrape together every cent you can and send it to the collector, and maybe the judge will go easier on you.

Don't pay any attention to "No Nonsense Collector" he just flames the boards and runs. For some reason he can't carry on a conversation. Probably because he can't hold a intelligent discussion. I'm calling you out NNC, if your not just a troll and a moron you can respond and try to prove me wrong.

don't waste your time jc,you've called him out before,NOTHING.as usual nnc is wrong.

i have an account on my CR with LVNV. I have made no contact with them ever, but i'm getting ready to send them a debt validation request. By sending them the letter, does that make it easier for them to sue me? I don't think they've known where i lived, but obviously this would be a give away...

Once you request validation they must cease collection activity until validation is provided. Filing suit would let you file a counterclaim for $1,000 for the fdcpa violation. Plus you could request validation again during discovery, if they can't validate then you could get their claim dismissed.

Hi there,

I've had dealings with the famous Mr. Apothaker. It is true regarding the SOL, he tried to sue me and he lost because of the SOL.

If you google the law firm, you will find case after case from him and then some right here in PA.

I am sending you a FDCA attorney who can handle him and he does not charge you! Look in you message box in the next 30 minutes.

It's my pleasure to help you.

Moki

helpin,

I don't see anywhere to send you a message. Please send me one so I can help you and give you the attorney's name.

I will be in an out so get back when you can. This attorney is good and he will get to the bottom of Apothaker.

Moki can you help me also having dealings with Mr. Apothaker

Be sure to send in your answer, basically you deny everything and/or answer 'not enough information to agree or disagree'...then you ask for all the validating documentation in the discovery process. If they send it, then you use that documentation to prove SOL and immediately move to dismiss based on SOL..if they don't send you the info, then you motion to dismiss based on lack of evidence...make sure either way you dismiss with prejudice so they can't try this again.

I just got A letter the other day from prothonotary court of common pleas

what is SOL

SOL = Statute of Limitation. What state do you live in?

please , help i need that address of the free layer to take on this company,

See your original post here:

http://www.debtconsolidationcare.com/creditors-information/about65615.html

don't mess with LVNV funding they will take you to court and win Get a lawyer and asked to see a signed statement from the company

not neccesarily.you don't need a lawyer at times to beat this bottomfeeder.that is what discovery is.anybody can motion for that without a lawyer.

Guest that is simply not true. I took on LVNV, hauled their sorry butts into court and I won. They are noting to be afraid of. Oh, and I did it all without a lawyer. I never advise to NOT get a lawyer, just that it is not the end if you can't get one.

excatly goldenbast.i don't advise that either.it's just some people can't afford or find an attorney.that doesn't mean you can't beat a bottomfeeder without one.

Today I received a very "official" LOOKING letter from David J Apothaker, Esquire. And I'm calling BULLS*T ! This letter looks very similar to other documents I've gotten through the Court of Common Pleas (Lackawanna county, PA) so I give them credit for that, LVNV funding LLC are obviously good at what they do. I refuse, however, to panic as some other posters seem to have done. Here is my 2 cents;
First, I see most of you refer to SOL which is great to know about. Some people don't know there is such a thing. Be careful though, acknowledging the debt is/was yours in any way can "reset" the SOL.
Second, Debt collectors LIE. We all know that. But do we all realize just what lengths they can and will go to. How many of us have received the offer to settle our debt for a fraction of the amount owed? Just give them a credit card number or check by phone. Don't do it! I worked at one of the largest banks in the US for 3 years and can't count the number of clients I saw fall victim to this scam. Take notice of the fine print at the bottom of your collection notices. "This is an attempt to collect a debt. Any information obtained will be used for that purpose." That little note is their legal loophole to pillage your bank account. You give them a check by phone for $60, trying to do the stand up thing and pay your debts. But once they have your account and routing numbers they can and will debit your account for any amount they please and if your balance owed is say..... $5000.00 you may wake up one morning to find a big fat negative and a slew of overdraft fees. NEVER give a collector your bank info.
Last, the main reason for my post. These supposed lawsuits. Yeah they LOOK legit, as I said before, they are NOT, mine isn't at least. Freedom of information act, matter of public knowledge, any of these things ring a bell. Court documents are public, if you know where to look. Google "unified justice system Pennsylvania" follow the links for the court of common pleas docket sheets.
And looky here, the alleged docket/case number referenced on my little "notice of praecipe to enter judgement by default" DOESN'T EXIST. As a matter of fact searching all of Lackawanna county using my name yields no results having anything to do with credit card debts. And as I read over this paper worthy of becoming toilet paper I find a few more flaws. 1. It alleges I am in default because I have failed to enter a written appearance with my defenses or objections to the claims set forth against me. But, the only information I have to defend against or object to is the LVNV company name. Nothing here about the original creditor, amount owed, etc. etc. 2. These letters always have a mess of legal language and that menacing tone like they'll take your first born if you don't pay up. This one implies an upcoming court date, yet no date/time are given. Not that I worry too much about either of these points as I have no immediate plans to waste my time or money chasing 6 yr old credit cards making payments that will mysteriously never get credited to my account thus having no effect on my credit report.
So..... my 2 cents(long winded as it may be) The sheriffs office isn't going to show up where you work and haul you away in cuffs. Got one of these letters? Use it to line the kitty litter box. They are nothing more than another scare tactic used by pathetic debt collectors. Here's a thought in response to people like "No Nonsense Collector"...... We should not and (I)will not be intimidated or bullied with accusations like "deadbeat" because I know you, like the others of your kind are nothing more than a scumbag welfare case sitting in a tiny cubicle at some ghetto call center probably licking Cheeto dust off your fingers in between minimum wage paychecks. I refuse to believe the people making these phone calls naming us deadbeats have no past due balances and perfect FICO scores, especially when they're snapping bubblegum and speaking with attitude better suited for the Jerry Springer show than a professional phone conversation. Better yet, the companies issuing those minimum wage checks are the most hypocritical of all. Citing the illegalities of non-payment while they bend and twist the laws in ways that if were done by some Washington politician would be the next big scandal on CNN. Ironic how most if not all of them are LLC, surely there is reason behind that.

Just got a letter from Mr. Apothaker

How many days do you have to prepare an answer to LVNV's Complaint (How long ago were you served with the Complaint)?

I can most definitely help you if time will allow. I am just about to leave for the 4th of July Celebrations, but if you have enough time to file an answer, I will be most willing to formulate an answer for you.

Based upon what you have posted, LVNV is just a typical Debt Buyer that is banking on the fact that 99% of the Consumers that are sued, never respond and they end up getting a "Default Judgment."

I can send you a response that I filed here in Ohio just yesterday, however you will have to reformat it so that it complies with the local rules for your court.

If you are interested send me an email to .

Be sure to place in the subject line "being sued by LVNV so that I can readily see the email.

Kenneth
personal info removed - Jason
Have a Progressive Day!
Because a dollar is a terrible thing to waste.

I was sued by LVNV...they hired a 12 year old lawyer still recovering from diaper rash named A. Funk (I kid you not) I think I am responsible for her new stuttering problem. And yes it was dismissed pro se.

These people NEVER and I do mean NEVER have the correct documentation to collect. They are banking that you will not answer their suit so they can get a default judgment. All you have to do is to answer each complaint with a "I can neither confirm nor deny without validation". The court will make them prove their case and they cannot.

:-(Hi im being sued by thefamous David Apothaker for Advantage Assets for Homedepot acount He is asking for $4460 plus court fees to fullest extent of law i was just served today when i had a Homedepot acct 4 years ago it was a $300 limit Can anyone give advice any affordable lawers