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anyone every dealt with them? they are representing LVNV funding...

I live in Polk County, Florida; on January 30th, 2008 I was served with a summons for damages for a credit card debt from Borack and Associates. I responded to the court on February 15th, 2008 with a debt validation letter. I never heard back from Borack until July with a letter in the mail with paperwork that was filed in Colorado of an affidavit in support of claim and non-military affidavit. Nothing was ever recorded in Florida and no validation paperwork was produced. On February 12th, 2009, a year later, the court in Florida filed a motion of lack of prosecution with a hearing date of May 14th, 2009 and gave Borack 60 days to respond. Today, at day 60 I received in the mail a copy of the paperwork supposedly filed in Colorado. I also received 2 papers that have the court case number, showing of good cause and an order of good cause asking for the case not to be dismissed but still no validation has been sent to me. The papers they sent had a date stamp of April 9th, 2009 but nothing showing they were actually filed. I called the court and they still show no record of anything being filed. What should I do next? If we end up in court will the judge side with them even though they have not followed through with anything that was asked of them?

Sub: #41 posted on Mon, 04/13/2009 - 13:12


If there is no court case, then they are lying to you, which is a big FDCPA violation, in which you can sue them...

Oh by the way, a Debt Validation letter is not a court document, nor should it be sent to the courts. In that case, you would file a Motion for Discovery.

It seems to me that they have no case at all, and I would definitely sue them. FDCPA violations carry with it $1000 (for you) and possible attorney fees and court costs.

And where does Colorado fit into the picture? If they are going to sue you, they need to do it in your County. I'd say it is in your best interest to go to court on this one.

Sub: #42 posted on Sun, 04/26/2009 - 22:49

Chrys Henderson Chrys Henderson

(Posts: 2538 | Credits: )

I will like to know how many of this DEBT COLLECTORS have unpaid bills AND THEY SHOULD BE TREATED LIKE CRIMINALS FOR NOT PAYING THERE BILLS. I think this debt collectors are a bunch of criminals sitting in a 10 x 10 room

Sub: #43 posted on Wed, 05/06/2009 - 12:22


Please, add the attorneys name to this blog. I sure would like to file one.

Sub: #44 posted on Fri, 06/26/2009 - 16:54


I just got subpoena by this Company LVNV FUNDING, LLC. from the County Court in Dade County. I wonder what they are going to say. :evil:

Sub: #45 posted on Tue, 07/28/2009 - 12:33


cant you gime your phone number my

Sub: #46 posted on Tue, 08/25/2009 - 14:17


Well let me tell that I do have a debt which I am paying monthly through a court order from this attorney Mr. David E. Borack my balance was for $2000. and they increased it to over $8000. (accumulated interest) + court cost and paper work so they said in their legal documents. I was very honest when I told them my situation; I was sick with breast cancer I had to buy medicine, I had treatment for almost 7 years it was either bit the cancer or pay the bill and (still) they did not lower the balance. I have been paying for almost 2-1/2 years and I still own them $4000. Be careful they do their best to collect.
And for those collectors out there. Not all the time like one of you said that we are the one responsible for this mess, by all mean yes it is true, but remember no one can determine any ones health or the up-coming in been sick cancer is an ugly word. Thanks God I am still here to tell you my story. GOOD LUCK EVERY ONE. D.P.

Sub: #47 posted on Tue, 10/13/2009 - 18:45


Anonymous Collector and a whole bunch of others from their "firm" were canned this year. You should see the places that they have posted fake posts during the past few years saying "This firm was nice and I made payment arrangements with them. Call them now! (or they will win and take your money and your car)" Too funny; I feel bad for those who are ignorant enough to believe it.

It looks like the trouble for David and company just keeps continuning....

Sub: #48 posted on Mon, 10/19/2009 - 11:02


David Borack is an imcompetent idiot attorney. i have left numurous messages and never received a return call. I been put into collections for a $1,200 loan that my ex wife opened illegally using my name without my consent. I have a signed affadavit that is notorized and a police reportto prove it. This is ruining my credit. What a scumbag lawfirm.

Sub: #49 posted on Sat, 05/08/2010 - 08:49


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