Can I send a "written defense" on my own?

They may try and throw the 15 year SOL at you for Written contracts. Being a store card might help shore up the 5 year open account defense.
http://www.lrc.ky.gov/KRS/413-00/120.PDF

SOL would begin at the Date of Last Payment. See if you can find a NACA attorney in your area to represent you on a contingency basis:

www.naca.net

I found a recent judgement where the Judge ruled a CitiBank credit card as falling under the 5 year rule, but you may be right and it may depend on the judge. (here's where I got that info:Link deleted per forum rules - ND

Would it be better for my credit to call LVNV and try to settle something before my 20 days is up and get them to drop the suit?

Sorry...had to delete the link since it goes to a competing website but that was where I was looking earlier. Keep that case reference handy, you may need it.

Whether you negotiate a settlement, fight and win or lose, LVNV will poison your credit report for the maximum 7.5 years from the DOFD. That is just the way they do business. Start researching KY's Rules of Civil Procedure and make sure you file your response within the 20 days. What else came with the summons and complaint? An Affadavit? Request for Production of Documents, Interrogatories? If there was an affadavit, it can be challenged.

What I was handed was 2 peices of paper. The one on top was the "alias" civil summons requesting I reply within 20 days, dated 1-22-09 and signed by a clerk (county clerk, I'm guessing???).

The second peice of paper is the original Complaint showing the case number, the amount they are demanding, the original creditor, the account number, the lawyers name and address, and my former address (actually, it's about 4 addresses ago, but you know how it is when you're young and living in apartments lol).

Nothing was requested of me but the written defense, to be delivered to the courthouse in the county where I lived when I opened the account.

I guess if this is going to the top of my credit report, it's a good thing I already bought my first home. The underwriters at my mortgage company let it slide because it was so old.

Thanks for the link to the lawyer- I will find out tomorrow if it's worth getting legal help.

This the complain I received:
1. That the Account of Jennifer ***, bearing account number #### is in default.
2. Said account is due and payable to LVNV funding LLCP, having acquired the account through sale, assignment or other legal means.
3. The legal creditor is Sears.
4. The Defendant owes Plaintiff $1,686.32 with interest thereon at the rate of 8.000% per annum from November 10, 2003 until date of judgment with 12.000% per annum thereafter until paid.

WHEREFORE, Plaintiff demands judgment against the Defendant for the sums, plus interest, set forth above and court costs.
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Based on what I have read, this is the response I have written. I don't know if I worded this correctly. Is quoting the case for SOL a mistake? Does it just seem smarmy?


1. Defendant can neither admit nor deny this account number.
2. Defendant requests proof of LVNV Funding LLCP???s claim to ownership of this debt.
3. Defendant admits to an outstanding debt with Sears credit- account in default since October 4, 2003.
4. Defendant requests proof of the amount owed, showing what agreements were made for the claimed amount.

Defense: Plaintiff is not entitled to money it claims because the statute of limitations has expired. (Commonwealth of KY, Calloway District Court Case No: 07-C-00725)


Thanks!

NO DO NOT ADMIT TO IT!!!!

1. Defendant is Jennifer*** And defendant can neither confirm nor deny the account number in default without proper validation.

2.Objection, Defendant requests proof of LVNV Funding LLCP???s claim to ownership of this alleged debt.

3.Defendant can neither confirm nor deny the original creditor is owed without sufficient documentation.

4.Objection, defendant never engaged in and businsess with LVNV funding and requests proof of the amount owed, showing what agreements were made for the claimed amount.

If this is the case add this too.....

5. Defendant hereby requests this case to be dismissed with prejudice on the basis that this alleged debt is time barred and the Statute of Limitations is 5 years.

I agree with guest^^^ Never admit a debt is yours even if you suspect it is, make them prove it! Besides, you have a good case for a dismissal!

Thanks for the re-write. If this goes to court won't I have to admit that I know I owed Sears money, even though I have no paperwork to prove the amount? If I deny it in my response, then have to admit the debt in court, won't that just make the judge disbelieve anything else I say?

I'm still hoping to settle this out of court. I've posted the letter I'm planning to send to their lawyer. If I can spend $1,000 (thanks to tax refund) and be done with this forever it would be worth it.

http://www.debtconsolidationcare.com/credit-repair/about23260-1.html

Thank again!

No that's why you neither confirm nor deny the debt. It is the perfect defense. You do not have to admit it in court. If the judge asks you if it's yours you tell them you can't remember. Say you want all paperwork showing your signature or other proof that it's yours.

That is the honest way you can do it. If you completely deny it then go to court and they ask you then you say I don't remember THEN they got you.

Is there some sort of form letter that you can plug things into when writing a "written defense"? I am sure that you have to put it in some certain format to make it legal.