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summons to court by LVNV

Date: Mon, 03/16/2009 - 07:22

Submitted by therichards
on Mon, 03/16/2009 - 07:22

Posts: 6 Credits: [Donate]

Total Replies: 8


I lost my job in 2002 and was unable to pay my Sears payments. The balance on the Acct was $4895.00; according to LVNV. They are requesting that I bring proof of income in the form of check stubs, tax returns, as well as proof of property owned. I have never filed a DV with them and am unsure how to procede with regards to this matter.


I would file all of the above as you will not supply any information that is irrelevant to the debt in question. I saw some better wording in a post from Nascar I believe it was. Do some searching on this site and see if you can find one of those posts. I remember they were asking for social security number and income which they should already have if they truly owned the debt. You also want to state your defense as the statute of limitations. Check your state laws to insure that it has expired but more than likely it has since 7 years have passed and many states it is 4 or 5 years.


lrhall41

Submitted by DOLLARSandSINCE on Mon, 03/16/2009 - 10:01

( Posts: 1078 | Credits: )


Sorry for the grammatical errors,and I appreciate your reply. This post will be my second on this forum and clearly I should have given more thought to conveying my predicament in the first. LVNV has purchased my acct from sears as previously stated and recently I received a summons to appear on the 27th of march, in the State of TN, with the affore mentioned info. You are correct, the SOL has expired on this acct (6 yrs in TN). I have no property, and no possessions with equity. I have read other posts that indicate that denying the validity of the acct would be the best course of action. Should I still supply all of the documents requested, considering LVNV purchased the debt after Sears turned it over to collection? I mean, the sol has expired, and the likelyhood of them actually having any of the original documentation would be small right?


lrhall41

Submitted by therichards on Mon, 03/16/2009 - 17:06

( Posts: 6 | Credits: )


I would not supply any of the information they are requesting. It simply has no relevance to the debt in question. The only way I would produce personal financial information and hand it over to a company like LVNV is if the judge forced me to. Their request for your financial information is equivalent to you asking for the collector???s paycheck stubs and tax returns. You are both parties to the debt supposedly but those documents have nothing to do with that debt. On a side note you might consider using those as evidence if LVNV obtained a judgment so you could show a judge what you could afford to pay. In your case the debt is outside the SOL so as long as you use it as a defense then LVNV should not be able to collect.


lrhall41

Submitted by DOLLARSandSINCE on Wed, 03/18/2009 - 10:11

( Posts: 1078 | Credits: )


Hire a lawyer....contingency for all fees to be paid to THEM and nothing for you.....sue the SOB'S for this type of FRAUD!
They will WAKE up when you and ONLY you Puta STOP to this trying to collect on a TIME barred debt!!


lrhall41

Submitted by on Wed, 08/12/2009 - 08:32

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