LVNV Funding & Summons

Anyone?

in this case you should PM skydiver.he should be able to advise you on this.i say this because it sounds like they are trying for a default judgement.skydiver has helped so many with bottomfeeders like this.

i just noticed NASCARDEVIL is around.you can PM him too.

What state do you live in? When was the last time you paid on the account? More details please.

Sorry about that. I live in Indiana and I last paid on the account 3 or 4 years ago.

Here is some info for IN:(just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

http://www.in.gov/legislative/ic/code/title34/ar11/ch2.html

Thanks Nascar... Now... What do I do with this information? I'm so lost.

Who is suing? Does LVNV own the debt? What else came with the summons? The complaint? Request for Production of Documents? An affidavit? Discovery questions? What does the complaint state? You will need to research IN's Rules of Civil Procedure in order to ensure your answer is in the correct format.

This is all I recieved:
the summons --

lvnv funding llc as Assignee of Citibank
6851 Jericho Turnpike ste 190
Syosset NY 11791
Plaintiff
-vs-
Star Joens
Defendant

To each defendant:
You are hereby notified that you have been sued by the person named as plaintiff and in the court indicated above.
The nature of the suit against you is stated in the complaint which is attached to this summons. It also states the relief sought or the demand made against you by the plaintiff.
An answer or other appropriate response in writing to the complaint must be filed either by you or your attorney within twenty days, commencing the day after you receive the summons, or twenty-three days if this summons was received by mail, or a judgment by default may be rendered against you for the relief demanded by the plaintiff.
If you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in your written answer.

The complaint--

The plaintiff alleges:
1. That the defendant(s) is (are) indebted to the plaintiff in the sum of 4351.60 for goods, wares, merchandise and/or services sold and delivered by plaintiff's assignor at defendant's special instance and request, and/or for necessary and essential goods, wares, merchandise and/or services furnished by plaintiff's assignor to defendant(s) or individuals whose condition, comfort and health, defendant(s) was (were) responsible to support and maintain.
2. That the balance due to this plaintiff is based on assignment(s) by original creditor(s) to this plaintiff. That plaintiff is the actual and bonafide owner of the account.
3. That the sum of $4351.60 is now due and unpaid together with interest and costs pursuant to Indiana law.
WHEREFORE, plaintiff demands judgment against the defendants for the sum of $4351.60 plus accrued interest in the amount of $.00 plus additional accrued interest at the rate of .00% per annum from October 21, 2008, and costs and all other proper relief.

LVNV Funding LLC as assignee of Citibank

Bowman, Heintz, Boscia & Vician
Professional Corporation
Attorneys at Law
8605 Broadway
Merrillville, IN 46410
Phone: (219) 769-6671
Attorney Number: (left blank)

Now none of this has my husbands' name on it, just mine. Also it's stamped as filed on the 8th of Dec 2008 and Received on the 12th but I didn't get a thing until the 26th.

I also found the rules but I can't understand what I'm supposed to do. Thank you so much for your help. Also it won't let me post the link to the rules so I'm just going to post what is says


Rule 4.1. Summons: Service on individuals

(A) In General. Service may be made upon an individual, or an individual acting in a representative capacity, by:

(1) sending a copy of the summons and complaint by registered or certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or

(2) delivering a copy of the summons and complaint to him personally; or

(3) leaving a copy of the summons and complaint at his dwelling house or usual place of abode; or

(4) serving his agent as provided by rule, statute or valid agreement.



(B) Copy Service to Be Followed With Mail. Whenever service is made under Clause (3) or (4) of subdivision (A), the person making the service also shall send by first class mail, a copy of the summons without the complaint to the last known address of the person being served, and this fact shall be shown upon the return.

Amended Dec. 7, 1970, effective Jan. 1, 1971


Rule 4.11. Summons: Registered or certified mail

Whenever service by registered or certified mail or other public means by which a return receipt may be requested is authorized, the clerk of the court or a governmental agent under Rule 4.10 shall send the summons and complaint to the person being served at the address supplied upon the summons, or furnished by the person seeking service. In his return the clerk of the court or the governmental agent shall show the date and place of mailing, a copy of the mailed or electronically-transmitted return receipt if and when received by him showing whether the mailing was accepted or returned, and, if accepted, by whom. The return along with the receipt shall be promptly filed by the clerk with the pleadings and become a part of the record. If a mailing by the clerk of the court is returned without acceptance, the clerk shall reissue the summons and complaint for service as requested, by the person seeking service.

Amended Dec. 7, 1970, effective Jan. 1, 1971; amended Sep. 10, 2007, effective Jan. 1, 2008.



Rule 4.12. Summons: Service by sheriff or other officer

(A) In general. Whenever service is made by delivering a copy to a person personally or by leaving a copy at his dwelling house or place of employment as provided by Rule 4.1, summons shall be issued to and served by the sheriff, his deputy, or some person specially or regularly appointed by the court for that purpose. Service shall be effective if made by a person not otherwise authorized by these rules, but proof of service by such a person must be made by him as a witness or by deposition without allowance of expenses therefor as costs. The person to whom the summons is delivered for service must act promptly and exercise reasonable care to cause service to be made.



(B) Special service by police officers. A sheriff, his deputy, or any full-time state or municipal police officer may serve summons in any county of this state if he agrees or has agreed to make the service. When specially requested in the praecipe for summons, the complaint and summons shall be delivered to such officer by the clerk or the attorney for the person seeking service. No agreement with the sheriff or his deputy for such service in the sheriff's own county shall be permitted. In no event shall any expenses agreed upon under this provision be assessed or recovered as costs or affect court costs otherwise imposed for regular service.



(C) Service in other counties. A summons may be served in any county in this state. If service is to be made in another county, the summons may be issued by the clerk for service therein to the sheriff of such county or to a person authorized to make service by these rules.



(D) Service outside the state. Personal service, when permitted by these rules to be made outside the state, may be made there by any disinterested person or by the attorney representing the person seeking such service. The expenses of such person may be assessed as costs only if they are reasonable and if service by mail or other public means cannot be made or is not successful.
(it was mailed to me by the Sheriff's Office)

I don't know what else is needed. Again Thanks. I am soooo lost.

Did you recieve the summons via certified mail? Do you still have the tracking number on it? You can use that to prove when you recieved it. If they are claiming you were served in person on 12/12 then go to the courthouse and obtain a copy of the file and look at method of service. YOu should have 20 days from 12/26 to respond but it sounds like they are trying to sneak in a default on you.

It wasn't certified, it was just regular mail via the Sheriff's office, in a brown envelope. Last name on the envelope was spelled wrong and the postmark said Dec 16th. Not sent by certified mail, so there was no tracking number or anything like that.

Quote:

Goldenbast,

So using a DV letter sent certified do I send it to LVNV or to the Attorney listed in the summons?

Nascar,
What do I do about them not sending me anything certified? I'm trying to get this taken care of but I'm afraid I'm running out of time and they'll find me in default even though I didn't receive anything till the 26th.

hi--check your PM's. Also, I asked some questions that you answered in this thread. i agree that it seems that they are trying to sneak a default judgment past you. Whatever you do KEEP that envelope--it is postmarked 12/16 and they claimed you were served on 12/12. From where I am sitting, that would at least prove that you were served later than 12/12.....

You should check with the clerk of courts for the court named on that paperwork--you can view the whole docket up to this point and there should be a way there for you to see exactly how they claimed they served you on the 12th.

along with your answer, you should motion for discovery and request that the plaintiff provide documentation of their claims. You will want to request specifically that they produce an original contract with your signature on it and also that they provide account statements to verify the supposed outstanding balance. their complaint is quite simple and doesnt provide even basic information about what this debt really is for--I am guessing that it is a credit card originally issued by citibank, but they have no details at all.

Is Their Any Specific Way To Format My Answer?