Does LVNV settle?

Did they contact you by mail yet? If not send them a debt validation letter first. you will want to request the following from them:

1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.


If they do not validate the debt they do not get paid. How old is this debt, the last time you made a payment and what state do you live in?

I would not send any money to them but if you really want to pay it all up front, shoot for $1,800 to settle. Send a letter to them certified mail return receipt requested. Tell them by signing and returning that they agree to the payment amount offered and the account is to be considered paid in full. It should probably get more in depth than that just to cover your a$$ because they are crooks.

You might be able to offer them less and see if they counter offer for an amount. It's up to you.

I live in MN. I made my last payment in April 08, it was a Sears Card that was current before that. I just keep reading terrible things about them, but haven't come across much about if they accept settlements if if they just end up suing you if you don't pay in full. They are already showing on all 3 of my credit reports.

I was in a debt settlement program, so when the letters first arrived I forwarded them on to the debt settlement company. I don't think they were too aggressive in sending out DV's. So it's past the 30 day limit from when I received the letter.

I've now canceled with the debt settlement company and am working to settle the rest of my accounts. I've done four on my own and I have two left to work out. This is the one I'm worried about because of all the negative things I read.

OK so a debt validation letter at this time is kind of pointless but you could try.

Other than that if you want to pay you can. They do like to sue people, I know all to well, and If I knew then what I know now it would have never happened.

You cannot contact them by phone only Resurgent you can. If you want to call them and make them an offer then by all means do. BUT tell them that you will either mail or fax the agreement for payment to them and they are to sign this agreement and return it.

This way if they ever try to pull a fast one, you got them. You can also try for a pay for delete. As for the Original Creditor it will go to a paid charge-off.

Everything is done in writing, if they will not agree to a writin agreement and only want you to pay over the phone, tell them NO.

This is about all I can tell you. Hope this helps.

Interestingly, they have been the least aggressive with trying to collect. I don't think I've gotten a call from them. I had one letter dated Nov 21 2008 from Leading Edge Recovery Solutions showing LVNV as the creditor, then another letter dated Dec 10 2008 from Resurgent still showing LVNV as the creditor. That is the only communication I have received.

I'm not sure if the lack of collection activity is good or bad?

I'm thinking of sending the DV to LVNV for it showing up on my credit reports. Not sure if that will just make them mad and more likely to sue so that is why I haven't sent it yet.

I know sending one to Resurgent is sort of pointless as it's past the 30 days.

pok er tramp- what would you have done differently to not get sued by them?

They are both the same company just so you know. If your going to send it to one send it to both. They pass the debts around like a hot coal and once they get a hit they stick with it. Some companies they sell it to get aggressive and others just send it back to LVNV Funding and they turn around and send it out again and again. For them to sue they would need to hire an attorney in your state and most likely it will be a bottom feeding attorney, usually young kids fresh out of law school who are not to bright.

If they contact you by mail, you have another 30 day window to dispute the debt. So if you are contacted by an attorney after you send a letter to both LVNV and resurgent, save a copy of the letters plus the green card you get back from mailing it. Type up a new debt validation letter for the law firm and send copies of all of it to them. So not only are you serving them with a DV you are showing that you also sent one to the other companies too.


Same thing send it certified mail return receipt requested and do not sign your name just type it. Use this as a format for the DV. Hope this helps.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,

thanks for the help! Do you know if they do sent it to a lawyer to sue me, does the lawyer have to send me a letter thus giving me the 30 days to send them a DV, or can the local lawyer just sue me without sending any letter to me first?

Maybe it varries by state, but I hadn't heard form them in over 3 years and got served last weekend. Nice Saturday surprise. I'm drowning in information now.

Do what you can before it gets to the point of a lawsuit. I'm kicking myself for not following up. I sent a letter this summer to the address on my Credit Report to validate, and it was returned undeliverable. I got another address, but was in the middle of buying my first house and just let it go.

I think they know about the Housing Tax credit, huh?

I'm intrigued, though, by the OP's original question.

Has anyone made a settlement agreement with LVNV? I know it would probably be a fight to get them to stick to the agreement, but can it be done at all??

I won....LVNV hired Javitch etc to represent and I had a blast with their Jr. attorney. Dismissed with prejudice.

It's a touchy situation. Attorney's have to abide by the FDCPA. One would think that they would not have to give you 30 days first before they sue you but I think that is wrong. If they do not give you notice before a lawsuit you can still request production of documents in court. So do they have to give you notice, yes will they? If they are a crap law firm, no they will not give you notice.


To the other question. They will settle on an agreement but like I said make sure it is in writing signed by them. otherwise they will sell the remainder to another one of their companies and say you didn't pay them OR say you pay LVNV Funding, they will turn around and say Resurgent now owns the debt and then you have to prove to Resurgent that you paid it, sometimes people can't and get stuck paying 2 times. This is the kind of games they have played in the past.