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Got letter with court date.

Date: Wed, 12/17/2008 - 23:01

Submitted by anonymous
on Wed, 12/17/2008 - 23:01

Posts: 202330 Credits: [Donate]

Total Replies: 9


I received a letter with a case number for an old sears account shows that lvnv funding bought the account and wanted me to pay i went to my courthouse submitted a letter for burden of proof never got info that was back in july now i got a letter with a case and court date, says that the plaintiff has the burden of providing his/her claim by preponderance of evidence, then says if they prove claim, then it shift to defendant to prove defense but i have no info or evidence what should i do.


TX SOL is 4 years, if they have this 'preponderance of evidence' it will have the last date of payment. Definitely show up and challenge whatever they have. Have you put a defense in yet? You can use SOL as a defense, do you think you have not paid on it in at least 4 years?

Make sure they show your obligation to pay, as in a signed agreement, contract..not just a blank one. Also challenge any affidavit they have as hearsay (they like to pull that one).

Did you ever DV? If you did and they sued you, you should file a counterclaim for breaking the law as suing you when they did not furnish you with validation is continued collection activity.


lrhall41

Submitted by goldenbast on Thu, 12/18/2008 - 20:05

( Posts: 2884 | Credits: )


If they want you to settle then it sounds like they do not have any evidence the debt is yours. Keep fighting it. If they have any affidavits from lvnv funding, object to them, they are hearsay. The person who signs the affidavit is not at the hearing and most if not all affidavits from LVNV Funding ARE BOGUS< CHALLENGE THEM!!!!!!!!!!!!!!!!!!!

Here is what you do. When you go to your court date ask for documentation supporting the plaintiffs claim. If the attorney does not have anything, Motion to dismiss the case right there. He said he has evidence proving the account is yours, if he does not bring it to the trial he has come unprepared and most likely lied about having evidence in the first place. Also request an estoppel in that the plaintiff had claimed what was truth and has failed to back up his claim, therefor he is barred from continuing with that claim and the case should be dismissed with prejudice.

I am not an attorney, this is just what I would do and you can either use all part or none of my advice. It is up to you.


lrhall41

Submitted by on Sun, 12/21/2008 - 18:55

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