Need help with lvnv summons in ma

Did they attach any proof or an affidavit or anything with the summons? Make sure you answer and "only" admit where you live - deny everything else. Remember, you never had a contract with these people. BTW, did they send you collection letters or call and did you ever send them a DV letter?

Also, you'll need to put in your affirmative defenses when you answer. Post back and let us know.

Maybe I am niave, but how to deny an amount that is mine? I owe the money, granted not to them.

If they called I never recieved them, got a letter from their lawyer though.

What is a DV letter? Not sure what affirmative defenses are either.

Call 866-0833-6398 they can probably get it settled for 3K or less.

You deny the debt as you didn't have credit with "these" people. Often times people have settled a debt or so they thought with a junk debt buyer only to have another junk debt buyer step up and say they own the debt and then they have to pay the debt again.

A junk debt buyer purchases a bunch of defaulted debts in a portfolio. They pay pennies on the dollar for them. Some of them are even time-barred debts, meaning they are beyond the statute of limitations to even legally collect. You need to make them prove that it is indeed the same debt that was originally owed. If they don't have the proof, I wouldn't pay.

Anybody can file suit. People can gain access to statements, personal information, your credit report, etc., and gather enough information and then tell you they "own" the debt. This doesn't make it so!

Also, "if" they really do own the debt - they should be made to prove that. If you think it is really your old debt, I'm sure by now the amount has gone up from fees/penalties, etc. You can attack their claim of ownership through your answer and affirmative defenses and possibly still get a decent settlement offer if that is what you are after. Often times they won't have the documentation to prove it is your debt, but they will try and bluff you. I had one bluff me all the way to the court house steps, but when I asked if they had brought the cardmember agreement and they saw I was still waiting for more than an "affidavit" from one of their employers saying they knew I owed the debt - well, their attorney decided to drop the case. He knew they couldn't prove the debt and without that concrete proof - you don't want to pay "any" amount!

Often times too, because you won't roll over and pay the debt and you demand the proof - you have some bargaining power to get the debt "down" to a reasonable settlement (if that is what you want). More often than not though with a junk debt buyer - they don't have the proof and will have to drop the case.

Post back and let us know if you need any help with answering the complaint or your affirmative defenses.

A DV letter is a debt validation letter. You would have sent that to them after you received the letter from their attorney. It is too late for that now though. You will have to answer the complaint and show up for court or they'll get a default judgment for the full amount - don't let that happen for sure!

Thank you. I have no idea how to answer the complaint so anything you can suggest woul dbe so very appreciated. I am not going to lie, I'm concerned.

Also, could somebody give me an example of what an "affirmative defense" is?

Thank you very much.

This is not about lying. I wouldn't lie either! This is about making them "prove" they own the debt.

Think about it this way. If I told you that I now "owned" your old citi debt and I could furnish you with the account number and I show you an amount - will you believe me? If I then asked you, "Didn't you have a Citi card?" - the answer would be "yes" - but the question still is . . . is "this" debt really the same debt? Just because I know "some" information in regard to the debt, does that mean that I truly own the debt or have legal rights to collect the debt?

I'm not trying to talk you "out" of paying the debt, if that is what you want to do. But, you do have a way to fight paying the debt or getting a better offer to settle the debt. Only you can make that decision.

I had to default on a credit card several years ago due to being injured. I told the creditor what had happened and I paid them half of the balance and made payments for several months beyond - all the while telling them the money would run out and at that point and time, I wouldn't be able to pay anymore. I felt bad about it, but they knew the whole story and they took every penny I sent and then tacked on penalties, fees, interest and then sold the debt to a junk debt buyer for pennies on the dollar. The attorney told me that the company had insurance against default accounts and that they would collect insurance and also he reminded me that over the course of time that I had the account and with the interest they had charged - that actually, I had paid for everything I had bought, years ago. Your original creditors also will charge off/write off a debt and get a tax break as well. When I was later pursued by junk debt buyers all saying they owned the debt, I called them on the bluff and asked for proof which they could not produce.

Let us know what you'd like to do and we'll help in whatever decision you make. If you'd like to talk by pm - feel free to do that as well!

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Well, I need to answer the summons, first of all, and I am not sure how to do that. I guess if this is the actual debt that is mine (and after some investigative work the last couple days I have some doubts) and they can prove that then I would be willing to pay it in the form of a payment plan (that won't destroy me) - but a reduced settlement I could live with as well. Does that make sense?

I am not sure what a pm is as I am new to this site. If somebody could help me properly answer the summons to both the lawyer and the clerks office as a start I would be very grateful.