LVNV funding sueing- how to handle settlement???

well LVNV is a pain in the tuckus to deal with.did you answer the summons?do that first.LVNV plays dirty,so i would get everything in writing as you said.it may take going to court and requesting validation during discovery.keep up with everything through your court clerk.DO NOT TRUST LVNV with anything.they will try everything to get the amount they are suing for.if you have your ducks in a row going to court isn't so bad.just check with your court clerk as to how to respond to the summons.again until you are ready to talk settlement do not go through LVNV.since you are unemployed court might be your best bet i'm afraid.the judge will look at that when determining what you pay.they can't garnish unemployment.i just don't trust this bunch of scumeaters.others have been screwed by them as you have noted.they won't give anything in writing and lie out of there backsides.

Would it be better for me to contact the lawyer about a settlement?

The other issue is that they filed the complain with the county I live in when I originally got the Sears card (living with my parents affter high school). It's an 1 1/2 hours away from where I live now and was served.

When I answer the summons can I request that the case be moved to my county?

Does the fact that I'm on unemployment help me at all? I talked to a lawyer with Legal Aid today and he said they cannot garnish unemployment wages. He recomended I respond to the summons (written only at this time, no court date) and contact the lawyer to try to reach an agreement on an amount and have the case dropped.

Thanks!

!!!
I just found this letter on the site:
http://www.debtconsolidationcare.com/credit-repair/about23260.html

Could I send this to the lwayer, editing it to include dropping the lawsuit?

If so , what would be the proper way for me to say that.

I should have looked more dilligently last spring when I first thought of taking care of this debt. Oh well, moving forward! :wink:

Is the letter a bad idea? :(

You'll never get anywhere on a PFD with LVNV. They go for maximum damage to poison your credit report whether yu pay them or not.

I'm filing my written response this afternoon, just so it's on record.

I called the attorney's office and told them I would give them $1,000 to drop this thing. The suit was filed an hour away, and I didn't want to make time to keep following up with their legal actions.

They agreed to $1500. I can live with that, just to be done with it.

My fear now is that the written agreement they have sent me is "loophole" proof. It's a very brief letter. The top outlines the money they claim I owe- principle, interest, attorney fees, court costs, totaling $3000.

------
This letter is to confirm our agreement resolving the payment of the above debt. You have voluntarily agreed to pay the sum of $1460.00 by 02-27-2009.
------

Is this enough for them to never come back on me again?

*holding my breath*

i'm just afraid because there is nothing stating that the debt will be considered paid,and the portion forgiven will not be sold or collected on.LVNV is famous for going after the portion not paid by another d/b/a.

Paul is correct, they will sell the balance to another collector if it isn't in writing.

Not to mention the 1099-c for the difference that they have to issue.

I am so frustrated!

I called the lawyer and they said they can't put what I'm requesting in writing. They started by giving me a line about the fact that their office would never sell a debt. I told them that I understood that, but that I didn't want their client to sell the debt later.

This is exctly what I was afraid of- that I would reach out to them and get screwed.

Does anyone have any sites where you can get a lawyer who knows about these scumbags? I've tried a couple of lawyers on my own, and they know nothing about junk debt buyers. I've tried several links that people have sugested, but there is never one in Kentucky!! Legal aid is useless, they were the first one who told me to contact the CA's lawyer.

Sorry, I know I'm rambling, but I am so frustrated. That horrible sense of suffocation that I got to know well when I was so in debt back in 2003 is coming back. I feel so helpless.

jennifer, who is the lawyer your dealing with? i'm being sued by LVNV too, i just received the Request for production of documents and admissions...getting ready to send them one of my own too (they already ingnored my DV letter)

Morgan and Pottinger in Louisville.

I finnally just googled "lawyer" in my city and started calling them all. lol I let the receptionist know I was looking for someone with experience in consumer debt, and help for collection agencies.

It took several calls, but I got to talk to someone. It would $500 for him to work with LVNV's lawyer on a settlement, $1,000+ if it went to litigation.

The debt they are sueing me for is less than $3,000, so I think it's overkill to hire a lawyer.

He did tell me, though, free of charge, that if I have a settlement agreement with them they can't sell the debt to someone else. He actually said it would be a federal violation. So, I am sending LVNV's lawyer the money.

Pfan, why are they requesting documents from you? I thought they had to prove the debt? How can you prove it's not yours?

Do not settle. They will take you to court and in your discovery you can make them validate. I promise you they will most likely be able to. They could not validate my debt and I got it dismissed with prejudice.

After I answered the summons with a can't confirm or deny, they sent me the request for production of documents and admissions...i think that's pretty standard protocal? and now I will send them the same thing (this is where they will provide me with the proof that the debt is mine, or not) I would think you'll get the same from the attorney after you answered your summons.

Just got response from LVNV to DV. They sent me a short internally generated form stating they bought CC debt from X bank the amount and they would stop contacting me as requested. Should I go back and state you did not properly validate-- no copy of original contract, no statement showing history on how level of debt was calculated and no proof they purchased the debt from OC. Or is it better to leave it alone and wait to see if they go the legal route.

"This card originally had a balance of $800. The lawsuit is requesting about $2,000."

So much of the law related to debt collections is state law, which can be VERY different from one state the the next. For example, in Kentucky the law provides (KRS ??371.050) provides:

"In an action on any assignment of a writing, the consideration for the assignment shall be averred. The plaintiff shall recover no more than the consideration actually paid by him for the note or assignment."

This means that a collection agency that bought the debt for pennies on the dollar cannot sue in Kentucky for more than what they actually paid for the debt. I haven't seen this type of provision in any other state, but I've only looked at 3 or 4 state codes. It is complex and confusing stuff.

If people can identify the state they are in would be useful.

Sorry, I though I was logged in, but I wasn't.

. . . . This means that a collection agency that bought the debt for pennies on the dollar cannot sue in Kentucky for more than what they actually paid for the debt. I haven't seen this type of provision in any other state, but I've only looked at 3 or 4 state codes. It is complex and confusing stuff.

If people can identify the state they are in would be useful.

Do not wait. Send the letter so you have documentation. If they continue to call you sue them under the FDCPA. A lawyer would take that on contingency.

To everyone, the debt collectors have to prove the debt is yours; that is not your responsibilty. How can they sue you for a debt they have not proven is yours. NEVER EVER!! settle a debt without a SIGNED Agreement stating exactly what you are settling for. DON'T FORGET; THEY HAVE TO PROVE THE DEBT IS YOURS FIRST. It may sound crazy but; YOU HAVE THE DEBT COLLECTORS AT YOUR MERCY.You opened that account with the original creditor not the debt collector. How did they get your personal info???? Read the privacy act that came with your credit card. To the lady that is settling the Sears account for $1500; that is wayy!!!! to much. They do not represent Sears, that money goes in their pockets. If you want to settle with Sears, send LVNV a letter requesting them to send the debt back to the original creditors. If they don't want to, see them in court. And, let the court know that you requested them to send the account back and they denied.

Make sure all correspondence is sent via certified with delivery signature mail. If they refuse to sign for it you will get a slip stating that. Don't forget to bring it to court with you.

I am being sued by these people and they never have validated the debt they say I owe. They signed for the letter 12/08 and a couple of weeks ago I heard from Weltman and Reis wanting to settle. I sent them a dv letter as well and have not heard anything. I am sure they will go ahead and try to sue. I too live in Kentucky and it is interesting that a creditor cannot sue for no more than what they bought the debt at.Like the other poster, I have contacted attorneys over my financial mess and they are all pretty condescending and non-helpful. I have been talked to terribly and pretty much treated like crap with no real advice on how to handle this mess. The poster is correct that there are no consumer debt attorneys in this state willing to help and if there are they want tons of money which will not help you at all.

I sent a certified letter to lvnv at the end of Feb 09 offering a settlement. I havent heard anything from them in 30 days, so I am now disputing with equifax to see if it can be removed from my credit... My og charge off was 8900 now in 4 years lvnv is stating I owe 18K... is this not crazy? they buy these debts for pennies on the dollar and charge interest and latefees every month. I am past the statue of limitations can they still sue me? Can I ever get them off my back?

M&P is a debt collector and should not be trusted, in my opinion. They buy debt from various sources, such as credit card companies, and aggressively go after the debtor. If they answered questions or offered to assist you, I would not trust them. I have experienced their wrath first hand and their predatory practices are unscrumpulous, calculating, underhanded, unethical, and would not be surprised if they give advice to victims to reap the benefits for their own firm.

Further note, Morgan & Pottinger and Adjustment Bureau LLC are the same company - in the same building, use the same letterhead and format - but deny they are affiliated. One passes debt to the other and they are vultures.

lvnv has objected to my every request made during discovery...i'm assuming they've got nothing. i'll motion the court to compel them to answer with some evidence, and then i'll motion to dismiss...hope this works!

I know it's probably too late...but to the OP, the statute of limitations has possibly passed on this debt. The clock starts ticking as of your last payment month commonly marked on a CR as "date of first deliquency". They can get NOTHING if it is outside of SOL and you raise this defense.

Don't pay LVNV anything...they are scumbags.

DOFD and DOLP are 2 different data fields on a CR

I haven't been on here in a long time... my issue was settled and I haven't hear a thing. My Credit is shot to hell anyway (lost my job last fall, can't find another)- I'm 5 months behind on my house.
The last time I'd talked to Sears they wanted $1,200.00, and that was 5 years ago. When I called them to get info on the account, they didn't even have my account number on file anymore, their system is totally different now. I opened the account in 1997.
It's done, it's paid, it's over and I'm glad I paid them the money. it's been tweaking my conscience for years anyway. :)
Just wanted to give an update!

Jennifer,
I am in same situation that you were with LVNV - I've not gotten a summons yet but am expecting one. I've followed your posts but am a bit confused on what to do next. One thing that I do know is that I paid off the debt (or thought I did) with another collector (paid the collector directly).
My question: Should I just call LVNV and explain that I've already paid this debt or is calling them not a good idea? Unfortuantley I don't have a written statement from previous credit collector but I do have cancelled checks.
If thats not adviseable what exactly did you do to get them off your back?

Any adivce from anyone would be greatly appreciated.

P. in Kentucky

just call morgan and pottinger and tell them that you thought you already paid this off. They can contact the origional creditor and any other collections firm that your debt may have been sold to and they will be able to find out whether or not you already took care of this.

Jen,

If nobody has told you yet I would highly recommend speaking with Bud Hibbs about your situation.
Also, in your first post you mentioned the shame you feel and I want to tell you that you should never ever feel shame over this. They are the bad guys, and you are certainly not alone when it comes to life's circumstances putting us in difficult situations.