HELP-LVNV in Texas

You can get it delayed by requesting a continuance if you need it (the court has to grant that however) as far as defeating LVNV in court, that may be simple. First i would suggest contacting an attorney (you can try naca.net for starters)

First I would like you to answer the following questions:
1. What type of debt is it
2. When was the last time you made a payment towards this debt?
3. When was the complaint/summons filed?
4. Who is the attorney/law firm handling their case?

Another thing is you want to request validation, not verification as they are different. (please keep in mind that 9/10 times LVNV couldn't validate their way out of a paper bag, much less a real debt) so what you want to do is request validation during the discovery phase of the trial. (you can look at the validation letter in my signature to find things commonly requested) if they fail to produce those documents then you may be able to have the case dismissed with prejudice (you would have to motion for this)

1. Credit Card
2. Over 4 years ago
3. Feb 14 approx
4. Small claims court

Thanks again

If your last payment was made on or before 2/13/04 then it is a time barred debt and you can use the Statutes of Limitations (as they had expired at that point) so you would use that as your defense.

Also, request for the case to be dismissed with prejudice as the SOL is up.

Does this letter also work if they have filed but have not set a court date?

I was served papers on Monday March 3rd. The company is also lvnv funding llc. I have not contacted the courthouse about this matter is there anyway of resolving this out of court at this point in time or do I have to go to court and file a continuance?

I filed an answer with the court today. They are going to set a trial date. I am waiting on the bank to tell me the date of my last payment. I will keep you posted.

guest--if you were served papers, then you need to file an answer before this goes to court, otherwise they will get a default judgment against you.

For those of you in Texas that are dealing with LVNV, what you need to do is to to www.budhibbs.com and look right in the middle of the page--there is a large ad stating that if you live in TX and are dealing with a CA on the list he provides there, to contact him about it. LVNV is on that list. Bud will answer all kinds of questions, as this is his professional field.

You are being sued in small claims? I don't understand this as Texas does not allow collectors to sue in small claims court..at all. I'm also confused..you say the account is supposed to come off your report, then later say the debt is a little over 4 years old? But do what they suggest...motion to dismiss with prejudice based on it being time barred.

how do I find out when I made the last payment? My bank said they didn't have that info on my credit report.

you could check bank statements on the month they say the last payment was made back to when you think the last payment may have been made.

On the issue of a debt collector suing in small claims court, they don't actually file suit in small claims court, but in Justice Court. It is different, but both use have the Justice of the Peace as judge for the lawsuit.

If a debt has not been paid in over 4 years, it will work as a defense, but also; once you get the case dismissed, or while in the midst, a good attorney can file counter claims for the debt buyer filing suit on a time-barred debt. go to naca.net or helpingtexas.com for more help in Texas.

do I need a lawyer, or is this something I can do myself? This suit was filed just before the SOL expired. What do I need to ask for or do in court?

More details would better enable the forum to assist you. Have you been served yet? If so, what else, if anything, came with the summons? Requests for admissions, Discovery questions, any affadavits, etc...? What state do you live in? When was the last time you made a payment?

Appear in court and follow the advice of using the validation letter, they never responded to my request twice!! Also the law firm that was representing them stated to me that LVNV almost never wins these cases when they are suing an individual.

I did not use a lawyer and went to court 2 times and everything went well..... just be polite to the lawyers representing them and have your paperwork with you, act professional and you will be fine....

Hope this helps and encourages you to fight this terrible orginization....

I have responded to the summons. I live in Texas. The suit was filed just before the 4 year SOL expired. I filled out an answer saying that when contacted by phone, I asked to be sent validation of debt by certified mail. I never received anything, except more phone calls. With court date approaching, where do I go from here? Do I need to re-schedule date?

Quote:

I requested validation over the phone, not by mail. When I went to set the date and follow up on papers served, I filled out an answer. I did not receive an affadavit, just a request to answer the plaintiff's suit.

Is there anything else I need to say/do? Am I better off at this point asking for a continuance to attain a lawyer?

I would go down to the JP court and ask for a copy of whatever they have on file. Let us know what else you can find. I am surprised that there was nothing else that came with the summons as usually LVNV will attach a BS affadavit at the minimum. When are you scheduled to appear? If you need more time to prepare (or hire a lawyer), ask the clerk for the forms you need to file for a continuance. What county are you being sued in?

Court date is set for today. I am being sued in Galveston County. I do not know if it makes a difference, but I didn't sign the original cc contract in this county. Can I claim unjust enrichment and contributory negligence for buying a bad debt??

Show up and when you go before the judge, request a continuance. Then obtain a copy of the file and see what kind of hand LVNV is playing. It doesn't really matter where you signed the contract so forget that. Let us know what the judge says and what you can find out from the file. Then we can help you prepare an answer.

All I have a copy of is what I was served with. I don't really know what I am looking for, and court starts in a little while. Is there any other way I could contact you to speed this up?

Judge rescheduled date. What info do we need to proceed?

Were you able to get a copy of the file? If so what else was in it besides a copy of the summons? If there was nothing else, you will need to start working on a request for production of documents/discovery to be sent to LVNV and the court. You need to find out what kind of hand they are holding.

I need to get a free credit report. I think I got one through a link last time from this site. Who is recommended? I had a home loan company pull my credit score for a loan, and found LVNV put something in it sometime within the last 4 months. My score has been going up, and this seriously deflated it. What actions can I take? I am tired of this BS!!!

www.annualcreditreport.com if you have not pulled in the last 12 months. If you have already got your free annual, I'll PM you links to backdoor your reports.

the old info from lvnv is off of my credit report, but they put I missed a payment in June. How can I fight this?

Which report? TU, EX or EQ? Does it show CO or 120 days late?

collection account. Experian. I am trying to get a home loan, and it is on the report they pulled also.

This may be too late to help the original poster, but in Texas Justice Courts, not small claims, you should defend or get a lawyer. Often, LVNV Funding does not have the necessary documents to prove the debt. After successfully defending many of their lawsuits, it is my opinion that you can either win, or negotiate a great settlement. Don't be afraid of the, but do get the advice of knowledgeable counsel.

texasrobinhood.com

Thanks James W.....OP was granted a continuance and will fight this tooth and nail. Please register so you can have all the benefits of membership and please remove the invalid link. FYI...your domain name expires on 8/29

Any idea how much a lawyer should cost?

try www.naca.net