Legal help

What state are you in?

NC

how could LVNV send you docs? usually they do not have that capability.

can you file a sworn denial ?

When was the last time you paid on the account? NC SOL is 3 years from DOLP

it was filed within the 3 years...it's not out of SOL.

lvnv "should" have the docs if they're filing a lawsuit, they have to prove it's a legit account somehow if they want to get paid...i did deny everything in the complaint and their interrogatories.

That is what I mean - they do not have the docs and I thought I read above that they sent you interrogatories and POD ?

It is very unlikely. Keep pushing back...you are doing good. Maybe file discovery to produce chain of title. Request a hearing in front of the judge.

I am in NC too, which city is this taking place in?

yes, those clowns always send a Prod of Docs and Interrogatories...they want you to prove their case for them!

I'm in Mecklenberg County.

Hi,

This website has a lot of good info about the court process:
"http://www.nedap.org/hotline/court.html". It is for New York state but the general procedure is closely the same. Here is a link to some of the most common defenses:
"http://www.nedap.org/hotline/defenses.html"

Check out your County Civil Court website for the necessary Forms. And your County court will also have info on obtaining Legal Aid - you could pay little or nothing for Representation. All citizens of the United States have the right to an attorney to represent them in court.

I just received a notice of motion for summary judgment from LVNV's attorneys, they also attached ammended responses to 3 of my interrogatories and production of docs. They are:

1. Original credit application with signature
2. Bill of sale (this looks like an in house computer generated doc)
3. Sworn affidavit from someone at LVNV with first hand knowledge.

Ok, so I know I need to object to the affivdavit as hearsay, but where does my case stand since they have an original application? They still haven't produced a single statement from the account.

I received a letter from the court a couple of weeks ago that the trial was set for 7/20...but now they are filing for a summary judgment....I'm confused and need some help. PLEASE!!!!!!!!!!

You need to find case law in your state, if any, that would require them to provide a complete accounting of the debt. In Ohio there is Asset Acceptance v. Proctor, which holds that the creditor must provide a complete accounting from a zero balance.

where do i begin to look up case law online?

where do i begin to look up case law online?

ok, i gotta laugh...i was on bud hibbs site and was reading under LVNV, and was cracking up when I realized I got one of the famous "SUE ARGENTIERI " affidavits. (except she's the notary now and nikki foster is the person with the knowledge) ok, guys i really need help...see above...

they have a signed credit application? are you claiming you never signed for it?

Needmylifeback,

Type "civil court procedure" and your county & state name into Google.

Also, your possible defenses are outlined on the website I provided above.

The application with your signature can be fake even if it is your signature. It could have been copied and placed on a fake agreement.

True. But you would have to completely insist that this is not your debt. "Defendant does not have proper documentation to make a determination of either agree nor disagree" (or something to that effect) would be the answer for every statement and every interrogatory made in reference to the alleged debt. Of course, now that an application has been produced or manufactured, then the statement would change along the lines of "defendant insists that Documentation provided by Plaintiff is false and hence fraudulent, and Defendant continues to deny ownership of alleged debt".

CAVEAT: On the other hand, if it *is* your debt but you want to tell them what to provide, then you may run into some legal trouble by continuing to deny it. The court decides what is acceptable, not the litigants. If their determination is not acceptable to you, then you have the avenue of appeal. I have seen cases of debtors shooting themselves in the foot trying to be too persnickety. The court looks down upon such procedural mayhem as disruptive to the courts which is a big reason why most people who know anything about the law will insist that you get an attorney. There is little need to be without one, with legal aid and consumer advocate groups providing attorneys at little to no cost.

There are many defenses one could use in court, and they are outlined on the website I mentioned. Also you can go to www.nccourts.org and look there (I cannot open that site).

Plus I should say one more thing: only your attorney is allowed to give you legal advice. All we can do is dispense information, and give you a few choices from which to select. Unauthorized Practice of Law is treated rather strictly.

guys, thanks for trying to help. let me be clear, this is my debt, but the amount owed has been blown way out of proportion...they haven't given me anything that shows how they came to $2450. under the advice of others (not lawyers, it was just their opinion and I decided to take it) I denied everything in their interrogatories, admissions and prod of docs. chrys, i did check the links you provided, however I was really hoping to find someone who could help me with NC court procedure. I've check my civil procedures to get me this far, but now I'm stuck, and can't find anything about a Motion for Summary Judgment...I don't know how to respond b/c I thought I had until my court date of 7/20...but apparently they are trying to get the judge to rule in their favor now. I don't know what happens once the court receives the motion (the plaintiff mailed it in)? Does it take a few days for the judge to rule? Is there a court date to rule on the motion? If there is, do I go, is that where I speak up and object to the affidavit? Or maybe I just mail in my objection?

My other option I suppose would be to call the atty today and try to negotiate a settlement, I would still deny the debt of course, but tell them I would just rather make this go away, and since they are still lacking "some" evidence, I'd hope they negotitate with me.

Any more help would be much appreciated.

Thanks guys!

I have a court date with them tommorrow its arbitration I do not know anything about that. they havr not validateed. they want 9000 for a 2400 dollar loan that was half paid and is now past the statutes limit. they are snakes there is a law that states no one can be paid more than they paid for the goods. they prob paid 8 dollars for this old debt. why wont the government shut these oportunists done

I have received that same Motion for Summary Judgement, I would also like to know how to respond?

To find case law online, do a Google search of: your state name, case law, debt collection or credit card lawsuit, etc. Play around with the search terms until you get what appears to be useful.

Also, see if there is a law library near where you live. Especially if there is a law school (a public university is good) which has a law library open to the public. The staff there may be able to help you.

Get an attorney. If you do not understand court procedure, you will be chewed up alive. Get an attorney.

The National Association of Consumer Advocates can possibly refer you, your court will have info about Legal Aid. You NEED to have an attorney.

That NCcourts.org IS the courts link, and if the civil procedures are not on there, then that is the very first court website I have ever seen (well I cannot see it) that does not include it. According to Google:
"The North Carolina Court System Home Page
North Carolina Seal, North Carolina Court System ... Child Support, Child Support Guidelines (10/1/06), Civil Calendars, Civil Court Process ... Local Rules, Rules of Appellate Procedure, Sentencing & Policy Advisory Commission ...
www.nccourts.org/ -"

Better yet, get an attorney. I repeat, it is against the law for anyone that is not an attorney hired to represent you to give you legal advice.