Got letter with court date.
Date: Wed, 12/17/2008 - 23:01
What state are you in? When is the date of last payment? The deb
What state are you in? When is the date of last payment? The debt could be past the SOL. LVNV is a junk debt buyer and they try to sue for debts that are beyond the SOL.
its in tx but i dont know when the last payment was made, did no
its in tx but i dont know when the last payment was made, did not keep my statements, should i just try to get a lawyer, or show up at court.
TX SOL is 4 years, if they have this 'preponderance of evidence'
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.
what do you mean dv? they never provided any info, should i just
what do you mean dv? they never provided any info, should i just get a lawyer then?
If you can afford a lawyer, it is always better to have represen
If you can afford a lawyer, it is always better to have representation, but even if you don't...still go and represent yourself. Just don't ignore it and not go.
pay day loan put me in debt that I'm all ready in
barrow to cover some off my bills didn't realized that .I'm putting my self in a hole. get pay every two week i have to pay most of my check just charged .
now they send me letter to call them to try to settle should i c
now they send me letter to call them to try to settle should i call them.
If they want you to settle then it sounds like they do not have
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.