LVNV Funding Questions

Quote:

No I am not - where can I find those at. I am getting ready to reply to their questions. Do I need to type their question first and then type my answer.

This is the link to the Georgia code.

http://www.lexis-nexis.com/hottopics/gacode/default.asp



Scroll down the index and click on:
Title 9-Civil Practice

Then click on:Chapter 10-Civil Practice & Procedure generally



Although you don't have to, you can type the questions.

You can also use the same order numerical reference when answering the questions.

do I need to read every article on that topic - that is alot of stuff. Thanks so much for your help as i have 15 days left to get this documents back to the attorney.

The collectors do not have to be licensed in Ga, however they have to pay a $50,000.00 fee to the county where they are doing business from.

I just noticed another error. The court summons is supposed to have the seal of the court on it and it doesn't.

Also I got the original summons without the complaint on January 23rd. it was over 2 weeks later I got a second summons with the complaint. The sheriff still put the 23rd on it as if he served it the same day. It was not a photo copy because his signature and the date of the 23rd do not match.

What do I do?
I plan on going to the court house and see what the hell is up.

You may wish to seek legal council (at least a free consultation) to better determine what your action should be at this point. It would benefit you as legal council in your area would have a better understanding of your district's rules for civil procedure.

HA HA!!!!!!!!!!!! I think I found my answer.

debt collectors must be licensed to collect debt in Massachusetts.LVNV Funding is not licensed. They never even applied. If they act as a passive debt collector they must have a licensed debt collector or licensed attorney to collect BUT they must also notify the attorney general who will be collecting for them.

My question is, On the summons, it lists LVNV Funding as the plaintiff. Does this mean they are not acting as a passive debt collector and would require them to be licensed?

Perhaps, although they are acting with an attorney representing them. Not sure if the attorney is considered to be the party collecting on behalf of them. You may also wish to see if the attorney has a business license and is also licensed to practice law in your state/county by checking your state Bar Associations website.

OK update, I went to the courthouse today to have the default removed. I go on 6/17/08 and if they don't show up, I win. I already mailed the attorney complaint so I just have to see if they sign for it.

So now I am going to go threw everything I have to present to the judge that they are in violation of and hopefully it will be enough.

I have another Question. Resurgent Capital Services IS licensed to collect debt in my state but LVNV Funding isn't. Should I also bring that up to the judge and tell him how they have many business names or is it safer to avoid? What should I say?

Each business even if it is a DBA for the parent company still must be licensed for business if required to do so.

This worked in Florida so maby it will work in my favor, from the FTC website:

Debt collector seeks default judgment for damages with ???????no evidence that the parties
agreed on any balance due and owing.???????
The debt collector obtained a default judgment on liability against the consumer, then
sought a further judgment for damages. The court denied final judgment. ???????Not only did
the Plaintiff fail to attach a bill, statement or contract to the complaint, the Plaintiff has
not attached ANYTHING to its affidavit or the complaint that has the Defendant????????s name
or signature on it???????. Here there was no evidence that the parties agreed on any balance
due and owing.??????? Order Denying Plaintiff Final Judgment and Closing the Court????????s File,
LVNV Funding, LLC v. Moehrlin, No. 2006-10917-CODL (7
th
Judicial Cir. Ct., Volusia
Co., FL Aug. __, 2006).

Which is why you should always challenge their ownership via requesting contract and bill of sale/assignment contract during discovery.

I got another question. Can they sue me for them having to file it in court? they are also trying to get over $350 in fees. so now a supposed $1,900 has turned into over $4,000. is that legal?

They will probably try to tack on additional fees, however you will need to challenge not only the ownership as stated previously but also the amount they are seeking.

Can someone clarify this please? It looks like LVNV Funding has been charging over 12% interest for the past 4 years. There was never any judgment until now. According to below and without the original contract, they can't charge more than 6% interest, is that correct?

Chapter 107: Section 3. Rate of interest

Section 3. If there is no agreement or provision of law for a different rate, the interest of money shall be at the rate of six dollars on each hundred for a year, but, except as provided in sections seventy-eight, ninety, ninety-two, ninety-six and one hundred of chapter one hundred and forty, it shall be lawful to pay, reserve or contract for any rate of interest or discount. No greater rate than that before mentioned shall be recovered in a suit unless the agreement to pay it is in writing.

Legal:6%
Judgment:12%

So would any of the exemptions apply? If no exemption applies and it should legally default to 6% then they have a major problem.

none of sections seventy-eight, ninety, ninety-two, ninety-six and one hundred of chapter one hundred and forty, applies.

So does that mean that without the original contract, they can't charge any interest at all or only 6%?

Only 6% without the contract.

Interesting thing is, they would have to go back and recalculate the interest but even that is hard to say as who knows what else has been tacked on. If they were to sue you I don't think they have a leg to stand on.

Ok they have already sued me and got a default. I am going on the 17th to get it removed. They have on my credit report reporting from 2005 with a credit limit and starting balance of about $1,900. so over 3 years at 6% interest i come up with around $2271.41. they show a balance on all 3 of my credit reports raging $3,420 give or take $50 between the 3.

The ATTORNEY says that I owe less than that about $3,200.

The fact that they can't make up their mind on what you owe is going to make it really interesting for them to explain it to the judge. Also make them validate it (you can find information requested for validation via my signature link) don't send the letter as your already in court, just request the documentation (except the section that request a copy of the judgment) through the discovery phase.

Sorry, another question. According to the original summons I can't file a counterclaim now or in any action.

Should I tell The attorney the fdcpa violations hes made and also the FDCPA, FCRA and Massachusetts debt law violations LVNV Funding has committed, basically in an attempt so he knows that I can sue him in a separate lawsuit. I basically want to so him I know the laws and hopefully scare him into folding.

Do you think that will work?

What in the original summons stated you couldn't file a counterclaim? How is it worded?

Hmmmm JCEMT, I don't know if you replied but it didn't show.

Now it did that's odd, anyway it says:

Your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will be barred from making such claim in any other action.

It also says that under rule 13:
(f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.

So it looks like if I can show the court, I still may be able to slip a counterclaim in considering all the violations I have against LVNV Funding and their attorney.

So far I got the attorney for:

1692e(3) 4 counts
1692e(5)
1692e(10)
1692f(1)
1692g(a) it was overshadowing they stated I should call immediately before they are forced to make recommendations to their client.

I probably have more on the attorney but thats off the top of my head.

You can file a counter claim. It looks to me that they want it down during this case or not at all.

Thanks JCEMT I am getting all my information together.

OK I have another question as to LVNV Fundings address. The attorney says their principle or usual place of business is at 15 South Main St Ste 500, Greenville, NC 29601, I know a slight typo on their part it should state SC. I plan on asking their attorney and see if I can catch him.

Anyway that address according to the Wisconsin court system is for Resurgent Capital Services 15 South Main St Ste 500, Greenville, SC 29601. I will post the case numbers for the court in my response.

LVNV Funding also lists that address in some of the lawsuits. But they also list their address as PO Box 10584, Greenville, SC 29603 which would be SHERMAN ACQUISITION, LP/ALEGIS GROUP LP
PO BOX 10584 GREENVILLE, SC 29603-0584
PHONE (800) 363-3115

If you go and look at any state corporation division LVNV Funding lists their principle office as 625 pilot road suite 2 Las Vegas Nevada 89119

In my state they haven't even filed an annual report yet which they can have their permit revoked.

Do you think I have anything on them from what I have posted above?

Oh yeah and I also forgot to put
Milwaukee County Case Number 2004SC020414
Sherman Acquisition
P O Box 10369, Greenville, SC 29603

or also
Case number: 2008 CV F 00050 Fairfield, OH
LVNV FundingPO box 10369
Greenville, SC 29603

Anyone?

If they have actually had their permit revoked then you might be able to catch them one something. If they are our of the compliance guidelines and have not filed within the time frame allowed then you may be able file a complaint through proper legal channels to get their permit revoked if that is required for your state.

Well it usually takes 2 years of inactivity for them to get revoked, not filing annual reports is one of them.

They filed an Application For Registration on 09/15/2006 at 5:32pm. The next thing they filed was a Certificate of Amendment on 04/23/2007 at 4:00pm and that was when they changed their address from 5348 Vegas Drive, Las Vegas Nevada 89119 to 625 Pilot Road Las Vegas Nevada 89119.

It is almost the exact same dates of incorporation for South Carolina and LVNV Funding has the South Carolina address and also that the account was opened with them in 2005.

I am hoping I can use the credit report I got directly from Trans union as evidence to show that they where conducting business in my state plus SC before they where able to do so.

I heard something that a debt collector that is not licensed to collect in a state, like Massachusetts, can hire a licensed collector or attorney to collect for them. How does that work? Wouldn't that defeat the purpose of having licensing regulations?

Would the unlicensed company not be a plaintiff in the case and the licensed collector or attorney be the named plaintiff?

I found out some more good information today. If a debt collector is not licensed in Massachusetts they can not contact a consumer in this state. Even if they leave a message on your machine and tell you to call back, if you do and they talk to you, they just violated Massachusetts debt collection laws and consumer protection laws 93A, plus the fdcpa. So I can sue them for up to treble damages under 93A.

I may try to see if I can get a counterclaim plus I am going to add up the FCRA violations against them. If it's too late for a counterclaim I will try to get their case dismissed with prejudice, motion for involuntary dismissal, and then I will retain a lawyer and sue them.

If I can file a counter claim, do you think the court will appoint an attorney for me or am I on my own? I want to make sure I go about this right.

OK I got in the mail today from the attorney for LVNV Funding saying that they want my motion denied. They state that

LVNV Funding is a foreign corporation that does not conduct business in Massachusetts has no offices or facilities in Massachusetts.LVNV Funding has no employees in Massachusetts and they do not call debtors on Massachusetts and do not send mails to collect debts in Massachusetts.

They say that because they retained an attorney to collect for them that they don't have to have a license to collect.

Is that true?

Also I have a letter from the attorney from 10/07 saying that LVNV Funding had contacted me in the past and I am unwilling to pay them and they may make recommendations to them to collect.

I would say that even if they hire an attorney to collect for them and the fact LVNV Funding is the plaintiff that is considered collection activity. Am I wrong? What do I say?

bump

Anyone have any information on what I posted above? Also to add would reporting on my credit reports be considered collection activity?

I also feel them LVNV Funding, under debt collection laws, operate directly or indirectly,
Which would be by definition, Not direct; roundabout; deceiving; setting a trap; confusing.

So am I correct to say that their lawsuit is void for not being licensed?

If the attorney is collecting on behalf of them the attorney would have to be conform to licensing requirements for the state (business license, bond if required) and if they are collecting under an Attorney's name or on an Attorney's letterhead they must also be licensed to practice law in that state.

That's what I figured it's a catch 22. If a debt collector collects debt solely threw a law firm, they must get a debt collectors license. They say LVNV Funding has no part in this lawsuit.

LVNV Funding is the plaintiff, that would be collection activity.

I think it's hearsay that the attorney can make those allegations that LVNV Funding doesn't make phone calls or send dunning letters.

Well I got about 3 pages of information typed up. I am afraid I might miss something but these people will not go down without a fight. I can't wait till this is over with.

Any information that someone might be able to provide me would be great.

According to FTC staff the act of reporting on ones credit report does constitute collection activity.

OH DAMN!!!!!!!!!!!
I just thought of something. The attorney who is suing me says that he doesn't have to be licensed because he is an attorney.

His business name is
Lustig Glaser & Wilson P.C. I verified it with the corporations division.

So what part of that name says he is an attorney? That name could imply that he is a debt collector, right?

also to add to the above question.

Chapter 93: Section 24A. Term of license; bond; registration; rules and regulations

Section 24A. (a) No person shall directly or indirectly engage in the commonwealth in the business of a debt collector, or engage in the commonwealth in soliciting the right to collect or receive payment for another of an account, bill or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of an account, bill or other indebtedness, without first obtaining from the commissioner a license to carry on the business, nor unless the person or the person for whom he or it may be acting as agent has on file with the state treasurer a good and sufficient bond.

Would indirectly be considered hiring an attorney to collect for them?

Yes it would.

Thsnks a bunch. I need to look over the laws more also.

Do you think I have to write my motion in any special format? Also should I state in this motion that I also request a involuntary dismissal?

It just keeps getting better I also found this finally.

CHAPTER 156C. LIMITED LIABILITY COMPANY ACT

Chapter 156C: Section 48. Registration of foreign limited liability company

Section 48. A foreign limited liability company shall be considered to be doing business in the commonwealth for the purpose of this section if it would be considered to be doing business in the commonwealth for the purpose of Part 15 of subdivision A of chapter 156D if it were a foreign corporation.

None of the exceptions apply, they are registered to do business for acquisition of loans.

also Each foreign limited liability company formed under this chapter shall also file with the state secretary an annual report setting forth, in updated form, the information contained in the application for registration.


They came into Massachusetts in 2006 and haven't filed an annual report yet.

So do you think I just won my case?

I can't find anything else. do you think I have enough to get this case dismissed?

Another thing I find funny, there are 513 debt collectors licensed in Massachusetts. You mean to tell me that lvnv funding llc one of the worst collectors doesn't have to be licensed?