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What Do I do if LVNV collects on a Sears account which I never had?

Date: Fri, 05/30/2008 - 13:33

Submitted by anonymous
on Fri, 05/30/2008 - 13:33

Posts: 202330 Credits: [Donate]

Total Replies: 16


received letter stating that i had an outstanding debt for $1.654.90 for sears stores. i have never had a sears account i do not even shop in sears no one in my home has had a card in my name the agency has my address name & social security number . the agent i spoke to said that appartently some one i know or knew has used my info to aquire a sears account that i must dispute this letter though she said good luck in trying this that appartenly the card was acquired on line or in a store without actually producing any documentation
what can i do . she also stated that this card was used since 1998 up until 2003 i have never recieved any bills & the clincher is why did they not notify me all these years that ten years & this is the first time i have recieved any knowledge that my mane is being used for accounts that i never knew about
please do you have nay suggestions
thaks so much for what ever you can suggest.


How do I know the date of last activity? I have some stuff on my credit report from LVNV funding and it states the date open as 10/2007. I only have 2 credit cards that I have used in the last 4 years and they have no balances.


lrhall41

Submitted by on Mon, 06/02/2008 - 14:11

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How do I know the date of last activity? I have some stuff on my credit report from LVNV funding and it states the date open as 10/2007. I only have 2 credit cards that I have used in the last 4 years and they have no balances.


lrhall41

Submitted by on Mon, 06/02/2008 - 14:12

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LVNV funding have filed a ciil lawsuit againts my boyfriend, I was checking his other case status online and find out about the new case filedagaints him what should we do?


lrhall41

Submitted by on Mon, 06/02/2008 - 19:09

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Welcome to the community bebeh.
First you need to answer the civil complaint within the alloted time. If anything looks funny to your boyfriend or if he's not sure the account is even his then under the areas which state facts about the account you would respond "insufficient information to confirm or deny"

You would also need to respond with your own interrogatories by serving them with discovery requests for certain key items such as statements, a copy of the original contract with your boyfriend's signature, a assignment contract or bill of sale (in an attempt to track the chain of custody to the original creditor). If they fail to provide sufficient documentation you can motion for the case to be dismissed with prejudice.


lrhall41

Submitted by JCEMT on Mon, 06/02/2008 - 19:14

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Additionally be advised that LVNV usually tries to enter affidavits into evidence for them, these affidavits are hearsay and should be objected to as such since the person signing them will not be available to testify to their accuracy. Lastly if you could answer the following questions for me I may be able to better assist you.

1. What type of debt is this?
2. When was the last time your boyfriend made a payment on this debt?
3. What state does your boyfriend live in?


lrhall41

Submitted by JCEMT on Mon, 06/02/2008 - 19:17

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These people are evil why dont they show their true name sneaks!How can i pay you when i dont know who u r? Call or something the account is years old i probably have to pay them with blood or a promised organ now.[color=Red][/color] evil:


lrhall41

Submitted by on Wed, 06/04/2008 - 10:00

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LVNV sent me a notice to settle with an account I owed. I agreed and paid the amount they requested. That was 3 monthsw ago. My credit report still shows open acount. I called them and they say it shows paid in full. When I tried to ask them to close the account I was told to have a nice day and the hung up. What do I do to get them to close the account?


lrhall41

Submitted by on Thu, 06/12/2008 - 13:13

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Hello everyone, My father had filed for bankfrupsy 3 years ago adn was discharge. Now LVNV served us with a summons. We had never dealt or owed this freaking company anything. I called their supposedly their attorny office but sounds like a bunch of monkeys scammers. I needs some reccomendation. Do I need to file and answer and do you think they will take me to court. Again I have never had any contractual agreement with these guys but my father owed sears credit care but we are discharges. Someone please help.. What should we do?


lrhall41

Submitted by on Fri, 06/20/2008 - 21:36

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I recd an offer from Resurgent to have my bad debt from Dillards transferred to a new pre-approved visa and reducing my debt by $64.21. what is up with this?


lrhall41

Submitted by on Mon, 07/07/2008 - 09:30

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kelseylady02 I would suggest not taking their offer. The ownership of many of the debts they purchase are questionable. They often have no documentation to backup their claims and the debts are often past the Statute of Limitations. If you were to agree to this they could charge interest on it (which they cannot do without a copy of the original contract) and it would restart the SOL, and they would become the original creditor and then the fdcpa would not apply and you could not use it to protect you as a consumer.


lrhall41

Submitted by JCEMT on Mon, 07/07/2008 - 16:25

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What is the Statute of Limitations?


lrhall41

Submitted by on Wed, 07/09/2008 - 09:52

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if the claimed debt was discharged in the bankruptcy, there are violating federal law and the bankruptcy courts do not take kindly to that.. also are you sure it is a valid summons.. actually issued by your local court? If the law firm is not local to you then it may in fact be a "fake" summons. If it is real, then my first step would be to talk to the attorney who handled the bankruptcy..


lrhall41

Submitted by jj on Wed, 07/09/2008 - 11:49

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