LVNV Strikes again!

Contact the county clerk and tell them that you were not served properly and ask that the judgement be overturned. You should never pay anything on a debt that is out of SOL, when you do it restarts the SOL.

Nebraska has a 5 year SOL. You will need to personally make a trip down to the court of record and request a copy of the file. Look for the method of service. Depending on what state you live in, requirement for service vary. Once you determine method of service, then you can work on a Motion to Vacate

Well, I called the county court, and they say that it is legit and that the papers were served July 17th to my 16 year old ADHD son who thinks he gave the papers to my wife. My wife doesn't remember ever seeing them, and I never saw them either! According to the clerk, the papers were not signed for, so there is no proof that they were ever really served. The clerk says I can write a letter to the judge about not being served. Does anyone have a template for this letter?

This debt was on a Best Buy credit card that had an $800 credit limit and now I own LVNV over $3,000 on it even though I'm sure I have given them over $1,000 just in the payments they extorted from me over the years with their threats. How do I find out how much they paid for this junk debt? They say the interest is over $1,000! Isn't there a law that says they can't recover more than they paid for the junk debt?

What is my next move here? How will these people try to get their money now that they have a default judgment? Should I get a home equity loan and just pay the thing off? HELP!

TekWar

Service was proper in that case:

I appreciate you looking up that law, but how does it help me beat this low life scum? I need some ideas on how to go after these guys!

TekWar

Well, I started digging through my paperwork today and found 3 DV letters that were sent. Central Credit Services, National Enterprise Systems, and Brumbaugh & Quandahl (their local lawer) all had letters sent within the 30 day response time after I received theirs.

None of these responded with validation! All they did was hand the account off. When I called B & Q after sending them the DV letter, they just told me it was for an account with LVNV Funding, and also said they didn't have to tell me any more than that.

I think B & Q went ahead and filed in court on behalf of LVNV, but since I never saw the papers, I have no idea who filed it. I will have to call the court tomorrow and find out. If that is the case, did the collections law firm break fdcpa law by filing the lawsuit as a collecting agent? Can I ask for the judgment to be vacated on that fact alone? I still have the registered letter receipt to B & Q and a copies of the letters to all of them, but not sure if I can find receipts from the others.

Any help here???

TekWar

Called my county court clerk today and found out that Brumbaugh & Quandahl filed the lawsuit even though they never answered my DV request.

As the collecting agent for LVNV Funding, are they under the same laws as a collection agency? Collections is what they say they specialize in. Have they broken the fdcpa by going ahead with the suit?

TekWar

http://www.bqlaw.com/

If you look at the bottom of there home page:

Quote:

I took a trip down to the courthouse to get copies of the papers. It looks like I will try an appeal and get my day in court. I don't know if it will do me any good, but it's worth a try. I can prove that I sent a DV letter to the last CA (Brumbaugh & Quandahl) that contacted me and two other agents of LVNV's, but I don't think I ever sent one directly to LVNV. Is this going to be a problem? Also, all but one of the papers breaks the principal in interest down, but the one lumps them together as one amount stating it's at 0.00 percent interest. Is this a valid technicality that I can use in my favor, or does it just not matter? TekWar

I went to the Secretary of State's office and gave them copies of the dunning letter I received from Brumbaugh & Quandahl along with my DV letters to all collection agencies I sent them to. If Brumbaugh & Quandahl are truly acting as a collection agency and not as a law office (the letter makes them look like a CA) then they are not licensed and could be in trouble. I also found a case like mine that involved a collections letter with law firm letterhead that has been heard and they seemed to agree that it was a deceptive practice.

My next stop was the Attorney General's office to file an official complaint against Brumbaugh & Quandahl for continuing the collection effort after I sent them a DV and they didn't respond. Let's see if that shakes them up a little! My next complaint will be to the BBB!

I really need to file the appeal, but I haven't found anyone to help me without costing me a bundle. Still working on that before the deadline.

TekWar

IN THE COUNTY COURT OF LANCASTER COUNTY, NEBRASKA

lvnv funding llc,
Plaintiff,

vs.

KENNETH A COHN
Defendant.


COMES NOW the Defendant, and for its MOTION FOR APPEAL of DOC. CI08-9337,
hereby alleges and states as follows:


1.Plaintiff did willfully and knowingly violate the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) by allowing Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff), to continue with debt collection proceedings after Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff) did receive written communication from Defendant placing the alleged debt in dispute.

2.Plaintiff has an established history of violating the Fair Debt Collection Practices Act and has received hundreds of complaints from consumers reporting abuse to the Better Business Bureau as well as legal cases filed in Federal Courts challenging the Plaintiffs collection practices. Please refer to attached documents.

3.Plaintiff did willfully and knowingly violate the State of Nebraska Statute of Limitation for the collection of a debt pursuant State of Nebraska statutes.

4.Defendant provided written communication to two collection agencies acting on Plaintiff's behalf, Central Credit Services dated May 31, 2007 and National Enterprise Systems dated June 13, 2007 in an attempt to dispute and validate the alleged debt. Both written requests were sent via United States Postal Service First Class Certified Mail and both communications went unanswered.

5.Defendant provided written communication to the Plaintiff's representative, Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff), on January 30, 2008 via United States Postal Service First Class Certified Mail with the purpose of dispute and validation of alleged debt. This was in response to a written communication dated January 22, 2008 by the Law Offices of Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff).
Please refer to attached documents.

6.Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff), did willfully and knowingly violate the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) by failing to sufficiently validate the alleged debt before filing suit in the Court of Lancaster County, Nebraska.

7.Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff) willfully did violate State of Nebraska statutes governing the licensing of Collection Agencies in the State of Nebraska. A direct quote from the bottom of (link to w*w.bqlaw.c*m removed) ???????This firm is a debt collector and any information obtained will be used for that purpose.??????? as well as disclaimers fround on written communication clearly indicates that Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff) was acting as a Collection Agency and not as a Law Office pursuant to the Fair Debt Collection Practices Act 15 USC 1692a Sec, 803 (6) DEFINITIONS, and is not licensed as such with the Secretary of State's office in the State of Nebraska pursuant to Nebraska Statute 45-601.

8.Brumbaugh & Quandahl, P.C. LLO (acting as a debt collector for the Plaintiff) were deceptive in their written communication to the Defendant by using a legal letterhead on a collections notice. Please refer to United States Court of Appeals, Sixth Circuit, KISTNER v. The LAW OFFICES OF MICHAEL P. MARGELEFSKY and Michael P. Margelefsky DOC. 07-3134.

9.Plaintiff is a ???????junk debt??????? purchaser and is in the business of purchasing non-performing assets therefor Plaintiff should not be entitled to collect under volenti non fit injuria as Plaintiff caused its own situation.

10.Plaintiff would only be entitled to the principal amount that the alleged debt contract was purchased for by the Plaintiff from the original creditor based on comparative negligence. Interest would begin at the time of purchase and would be calculated from this contract purchase amount.

WHEREFORE, Defendant prays for an APPEAL of the Default Judgment and the opportunity to defend this suit based on the alleged.

DATED: September 26, 2008

Kenneth A. Cohn
Defendant

Good luck Tek.

I recently got an alert from Equifax informing me that LVNV Funding put a collection judgement against my credit report. I immediately googled this company, as I am a credit fanatic and knew I didn't owe any money and gave them a call. They were not able to find any record of me in their computer! They searched my name, social security number and nothing! I never received any kind of written notice saying I owed them any money or that a judgement was going to go against my credit. What steps should I take in having this taken off of my credit? Since I've been researching this company online, I have read horror stories about this company and am leary to give them more information about myself than I need to. Any advice would be appreciated!
Thanks!

Contact the clerk of the court to find out if a judgement was issued against you and when, if there was no judgement, dispute this with Equifax to have it removed.

Kenneth,

I am fighting LVNV in court right now (Oct 08) for the same exact things you are and really need some of the data you collected on them.

Can you contact me please at 402-314-7692 as soon as is humanly possible. i made a motion to dismiss my case and my hearing is less than 10 days away. I need to go to the hearing with as much ammo as possible.

Thank you in advance of your reply.
A. Warner

Please contact me right away. I am being sued by LVNV for the same things as you and need some of your complaint data on them for a hearing I have in less than 10 days. Please call me at xxxxx. Thank you. A. WarnerPhone number removed for your safety..Bossy4455

Kenneth,
I am in the process of filing a lawsuit against B & Q for violation of the FDCPA as well as Civil Legal Rights under Nebraska law. Would like the opportunity to confer with you in an effort to bring a 'class action suit' due to continued deceptive practices demonstrated by the law firm of Brumbaugh & Quandahl PC as I am privy to information as to why they have been allowed to get away with these practices in Nebraska. I'd love to share this information with you. Please leave contact information. If not comfortable with leaving info...please respond to this document and I will give you contact phone number. Thanks!

In the dark- the post above yours was from Oct. 2008. I removed the phone number.

Please do not give personal info--for your safety. You can sign up and become a member, it's free, and then PM someone,if you like..karen

How did the Appeal go? Specifically interested in the plea to have the debt amount adjusted to the amount that LVNV paid for the debt. Any info is appreciated.

My wife and Mother-In-Law go to court tomorrow 9-14-2009 to fight off LVNV. We would be interested in a Class Action too. Please keep us informed.

Thanks!

I am interested in a class action suit against Brumbaugh and Quandahl. Any info anyone???

I am very interested, For 2 years now I have been ight this law office, They have froze my bank account twice now !!!I have court again Oct 8th, Any information that will help I will accept
Thank you

Quote:

Just had a B and Q employee named "Marti" misrepresent herself, now B and Q's manager a miss Kelly Intinarelli told me I'd have to get a lawyer to get the tape (this person http://www.facebook.com/kellyintinarelli) . Also, it's funny that B and Q's people give you such a line about how you're a morally weak person for not paying your debt. What's the other side of their business? http://www.bqlaw.com/default.asp That's right BANKRUPTCY. So basically you can do it any way you want as long as a lawyer gets paid.