Court Thursday
Date: Mon, 01/05/2009 - 16:54
There isn't any paper on the summons to answer the petition with.
I'm going to court with a typed answer. I'm denying everything but where I live and requesting more paper work.
I mailed the DV on Dec. 29. ( Certified, RRR.)even though it was after I got my summons. I just didn't know anything about it until I had the summons.
I'm hoping that the judge will allow me to get the debt validation that I asked for.
Wish me luck.
LVNV also
I don't know anything about going to court. I hadn't even heard from LVNV until the sheriff brought the summons.
I live in the boonies and mail sometimes doesn't find me. There was a while that I didn't even think we had a mailperson.
What is "cach"?
LVNV is a joke. They sued me back in july and it was dismissed b
LVNV is a joke. They sued me back in july and it was dismissed by the judge they couldn't prove anything. I have to go to court on the 7th for cach which is another joke of a company they have yet to prove to me I owe them money. And I saw today on CASE NET I have another court date for LVNV at the end of this month. haven't been served yet.
I had paid all these accounts about 4 years ago settled for less then the amount owed. And now I'm getting sued left and right some are for the remaining balance some are for the full amount. I just wish I would have found this website about 4 years ago. I didn't get anything in writting and now look at the mess I'm in.
Just ask for proof when you go to court more then likely they won't have any and it will get dimissed. All my court dates are in downtown kc.
The DV won't make any difference in court since you sent it afte
The DV won't make any difference in court since you sent it after the suit was filed. What you need to do is demand all that documentation during the discovery phase. If they do not produce them, then motion for the case to be dismissed with prejudice. Just deny everything and make them prove it.
Did they ever contact you prior to the suit? Did you ever get a letter from them? If you did not, you can file a countersuit, that they did not give you the required 30 days to dispute the debt. Its small, but it is something.
LVNV
They state in the papers that they sent me "statements of account." I didn't get them. I know though that all they have to do is prove they mailed them. It doesn't matter when or if I ever get them.
I know that the DV doesn't mean anything once it's a court case. I think I did it more to show the judge that had I received the so called "statements", I would have sent a DV.
My answer to their claim in the petition is " Defendant has no such knowledge, therefore denies, and demands strict proof thereof."
I'm just hoping that the judge is in a good mood Thurs. morning.
I'll just be glad when it's over with so that maybe I'll be able to get some sleep.
Well you can challenge whatever proof they have that they mailed
Well you can challenge whatever proof they have that they mailed the letters. Can't prove it unless they sent the letter CMRRR..which they never do. Now I have heard they will try to use the fact they have a mailing system in place, therefor that is proof enough. Challenge it anyway, they can't prove that their system actually mailed you.
Goldenbast hit it rght on the head. They do not have to prove t
Goldenbast hit it rght on the head. They do not have to prove they sent you a letter, only that they have a documented system in place for sending such communication out. The burden of proof would be on the consumer in that case.
