Chain of Assigment in LVNV Case-Help need

Date: Thu, 10/07/2010 - 15:22

Submitted by anonymous
on Thu, 10/07/2010 - 15:22

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Total Replies: 3

We have a pending Credit Card default lawsuit in court and made the first apparence yesterday 10/06/2010. Prior to the court date we sent a DV letter to the plaintif attorney (He sued us before the 30 days legally allowed by FDCPA to request the DV and we still sent the DV within 30 days) and it's been more than 60 days now and never receive any response in that regards. The day before the court date the attorney filed and and mailed to us a list of requested discloures about the credit card agreement, the statements etc... all 32 items that we have to provide those to them in 20 days.
We went to court and when we got there the judge asked the lawyer to provide something call chain of assigment within 14 days and the lawyer asked for 21 days and was granted that. On the other hand the judge say she will not ask for disclosure yet from us yet.
The lawyer did not come to court with any proof as we expected to see. Now he got 21 more days to go out and try to make something up. What sould we expect now and what would be our next move. Another day is set in november after we received any documents he may sent us at the latest on 10/27/2010.
Something else I was forgetting is that the lawyer was trying to court us into a settlement discussion while we were waiting for the judge and I told him we hae to talk with the judge first. Why was he doing this?
Any advice to beat this shark would be really appreciated.

My guess is, they have no proof, they were suing hoping you woul

My guess is, they have no proof, they were suing hoping you would not show up to court and they would get a default judgement. If they get you to agree to making a settlement then they have "proof" that you owe the debt, you admitted to it. Go back to court and don't deal with the attorney.

lrhall41

Submitted by on Fri, 10/08/2010 - 16:50

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Sounds to me like the judge "knows" they don't have any proof. D

Sounds to me like the judge "knows" they don't have any proof. DON'T TALK TO THEM! Talk to the judge, ONLY!

lrhall41

Submitted by on Fri, 10/08/2010 - 18:12

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Fake or invalid chain of assigment and debt validity from LNVN

Update... We went to the second case management on Nov. 6th and the Lwayer representing LNVN still failed to provide the Chain of assigment. The judge set up the trial date for March 1st, 2011 and said to file a motion to dismiss the case if the lawyer does not provide the documents requested 60 days prior to the trial. Now he turned around and sent a generic computer print out showing the Resurgent Capital History with many campanies including LNVN on Dec 13th to prevent me from filing the motion as the judge sugessted. In adition he attached a photocopy of a bill of sale ( generic too) with no speicific about the account in litigation nor a signature of the debt buyer on the bill of sale. Howver they was a stamp of an officier form Citi. Also an afidavit was included form one of the multiple companies listed employees and the affidant pointed out an error in the asigmment. I'm gatthering defense elements now and I would love to have some helpfull elements to include in my defense. By the way the attorney sent along with the so called chain of assigment with a stipulation letter to settle the account in full with his own terms but I ignored the whole thing becasue I need to face him in court.
I will definetely give you an update regardless of the outcome of the litigation so you know what to do in teh future.:sad:
Thank you.

lrhall41

Submitted by on Sat, 01/08/2011 - 12:21

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