Served/summons

Betty, I'm not sure why they are also on your report, unless the initials a/p/o have something to do with the account bring purchased from them(HSBC).

HAve you checked and made sure from your court house this is a real summons? IF it is, respond in the time given to you. I don't know that I wouldn't put that they have never had communication with you and you are in the process of validating the debt- but wait until law student or someone who has been through this to respond.

Best of luck to you- I have been dealing with them for a year and 8 months!!..KAren :D

Hi Betty,

Welcome to the forum. You have come to the right place! I cannot answer all of your questions but I can tell you from experience that you must answer the summons or they will get a default judgement against you.

I notice that you say that you're in NJ.....which county did the summons come from?

If I'm not mistaken, you have 30 days to answer a summons in NJ. When you answer it be sure to send it certified mail, return receipt requested and hold on to the green card receipt for dear life. You have to send a copy to both the attorney and the court.

I know that in a bit other members will come along and add to my post.

Don't worry everyone here will help you out.

Moki

Thank you Moki and Bossy.

I am in Union County.
The summons "seems" real - it came in a Union Cty. envelope at the same time as a Certified receipt which I assumed was also from the Court house (same zip code).

I am working on my answer and yay, almost done. I don't want to file any counterclaims, I just want them to prove it's my debt.

What kind of makes me angry is that I tried to contact HSBC about a year ago to pay the debt or reach a settlement and they basically ignored my letters and calls - they kept saying, the account has been sold, the account has been sold, but there they are, right there on the summons, right behind LVNV!!

Thank you for your help! I have completed the debt validation letter which I will send off (to the attorneys and LVNV) certified/return receipt on Monday. Then I will file my answer w/the court.

Good for you Betty!! Be sure and make copies of everything they send you, and that you send. Also, if you speak with them on the phone, take notes and names!! IF we can help more, let us know

Why don't you join the Forums,it's free, we would love to have you !..KAren :D

Ok Union County. I had one with them a few months ago. Do me a favor and call them and be sure that this is a real summons. Long story short, I sent my answer to the court and got the whole package back including the money order because I didn't sign it. I kid you not.

Since then the summons/case was dismissed. I just can't help myself but I have to say Union County is not a shining star.

Yes, you have to answer it and yes, they have to validate to prove it is your debt. Again, I cannot say it enough but hold onto all the paperwork. Unfortunately, you have to send everything certified return receipt and that costs money but it's worth it in the end.

Moki:

The summons has a docket number, stamped by the court and everything, but I will be sure to call on Monday.

Does anyone know if sending a debt validation to the atty and collection agency stops the lawsuit until they provide validation? I have never received any communication from LVNV. I probably got a letter from the attorney, but can't say for sure. There's so much junk mail that I admit I might have been careless.

Betty,

I'm not sure if it will stop the proceedings.

May I ask who is the attorney? I was dealing with one who would not validate and told me that I had to prove it wasn't mine. The whole thing was a fiasco. The bottom line is answer that summons by all means and call them on Monday.

I'm just like you if it looks like junk mail it usually goes into the round file.

Keep us posted!

Moki

Forster and Garbus is the attorney. I read (doing a lot of reading these days) that they are from NY and have class action lawsuits against them in CA and NY.

I am hoping that this may work in my favor.

I wonder if they're licensed to do business in NJ? I know when my darlings served me I wasn't even living at the address where the summons was served. They sent it to my 85 year old mother in law. I never lived at that address and was a resident of PA for over 2-1/2 years. What scared me the most was I sent an answer to the court with the corrected address and they in turn sent me everything back AGAIN to my mother in law. This is why I'm so skeptical of Union County and I lived there for over 50 years.

Google them and see what comes up. Another good place to go is bud hibb. He's the best.

I'm sorry to be so sketchy but I have company and I'm just coming back and forth to try to help.

Good grief, it's Saturday and everyone must be out partying.

Hang with us Betty! I know some of our other family members can explain this better than I.

Well Betty all i can say is what everyone else has and be SURE to answer the summons! I had dealings with CACH and they also never validated or ever tried to contact me about this debt, then they filed suit on me and i naively ignored my summons! They won by default... SIGHS. Even after that i again and again tried to settle this debt with them just to be ignored over and over... Now 3 years later and a court date set up for Monday for garnishment of my husbands wages, low and behold they want to settle!! I dont' get it at all but i sent them their money and before long will put them to rest and never have to deal with them again in my life!
I'm pretty sure ur summons is real so work on that this weekend... u do know how to answer it right? I just posted in another thread yesterday how to answer a summons if u need i can look for it... but still call on Monday to be sure and that way u have both bases covered.
Good luck and if u have any questions please feel free to ask.
Ang
P.S. Also, yes go ahead and send them a dv letter although this will not stop the proceedings. Make sure it's return reciept.

Hi! I wish I could offer you better advice, I have just started my battle with LVNV so I commiserate with you! That lawyer that said you have to prove the debt is not yours is a whack job...the LAW states THEY have to prove it is yours, so load up on ammo and let em have it.

Here is my DV letter. I actually went to the site and read the actual law and WOW, the stuff collection agencies get away with when consumers don't know. Anyway, here it is:

Quote:

Thank you all so much for the encouragement!!!


Ang:

Yes, I do know how to answer, once I get it together, I will attach it to a post. Thank you though for your kind offer.

Moki:

That's good old Union County all over, messing up. You know those government entities.

Betty,
The only thing that has me a little concerned in ur letter is the use of the word "verify". I am thinking u sud change that with "validate". There is a difference between the 2 and u want validation which is much harder to do.
Otherwise it looks good to me.
Good Luck and keep us updated,
Ang

Betty,
The only thing that has me a little concerned in ur letter is the use of the word "verify". I am thinking u sud change that with "validate". There is a difference between the 2 and u want validation which is much harder to do.
Otherwise it looks good to me.
Good Luck and keep us updated,
Ang

Ang:

I see what you're saying: I need to keep it "validate, validate, validate" so they won't have any wiggle room, right? :D

Thanks for catching that - going to change it rignt now.

Ang you hit it on the head! I can never keep the two of those words straight. LOL

Betty, you go get them!

Ok debt validation letters in the mail CRRR

Now for the answer to the suit.

They only wrote three statements.

1. defendant indebted to plaintiff on revolving charge account....incurred by use of plaintiff's charge account # xxxxxx as indicated in the total amount of $1234 dollars.

2. Defendent, Me, has defaulted and there is a balance due of $1234dollars wich includes all charges plus intereste and cost...which defencant did agree to pay in accordance w/terms of contract.

3. Demand has been maid eupon defendants for payment, but payment has been refused.

That's it. There's no supporting documentation and I called the court and there is no court date set.

Any advice? I read about differents answers you can file with counterclaims and the like, but I don't really want to be bothered with that. The rules of NJ also state that 'general denials' are sort of frowned upon, so I was going to do something like this.

1. Defendant does not have a contract with plaintiff.

(orginal creditor was hsbc, who sold the debt, LVNV is suing me)

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in paragraph 2 of the complaint, and based on that denies generally and specifically each and every allegation contained therein.

3. Neither the plaintiff nor it's assignees has contanted the defendant to the defendant's knowledge in reference to this debt.

(I have not received any correspondence from LVNV or the law firm, to my knowledge.)

NJ provides a fill in form you can use to file your answer and you just attach any other papers you need to.

Of course I will dress up the answers a bit, but do you all think those answers are sufficient?

Thanks - you all have been so enouraging and helpful!!

Yep Betty i think those sound fine to me but if i were u i'd PM either Cajun or lawstudent and ask either of those 2. Both know a LOT!
Good Luck and keep us updated,k?
Ang

Looks good. On paragraph 1, I'd stress that the plantiff cannot, or would not, furnish any proof that you are contractually obligated to them. Use this ( and the SOL, if it has run), to request the court to dismiss the case.

Betty, I would also take a ride down to the county clerk and drop off a copy as well as have one stamped. One of the more often used 'tools' in the litigation field is to motion for default judgement because the answer 'can't be found.' My firm a few years ago just used to serve answers directly to the party, until one of these sc**ag personal injury attorneys decided to play funny with us. I would do that to stave off a default judgment motion.

Please also be careful with regard to how you answer as well and be completely truthful, such as if you know the debt's yours you may want to acknowledge the debt as that. If you do not and it comes out later, the attorney can move for sanctions (including, but not limited to striking your answer), thus making as though you never answered at all and getting a default judgment against you after the fact. This said, you shouldn't be too aggressive, and you should also comply (not necessarily produce 100 percent of the time) with any and all interogatory and discovery requests.

As in all such posts, I suggest you check with your state law as well. California has the "fill in the blanks" type of answers as well, but I don't like them.

Hey hockeyman, why don't you join the forums? We could use you here.

Law Student:

Thanks for the helpful advice. My plan is to use the fill in the blank form offered then simply attach my answer as additional pages (they indicate on the form that it can be done.)

Hockeyman:

Thank you also for the advice. I am not denying it is my debt - it is. My contention is that I want them to prove I am now indebted to LVNV. I have never received any correspondence from LVNV (again that I know of), nor from the attorneys. I know I am indebted to HSBC, but according to my credit report, they sold the debt in Dec. 2005.

Also, I am puzzled as to if HSBC sold the debt, then how is the lawsuit LVNV a/p/o HSBC vs DEFENDANT. If someone could explain that to me, it might put a whole different light on the situation. I don't want to deny the debt to hsbc, but I have no idea how they can appear on this lawsuit if they sold the debt.

I've also read that LVNV is difficult to work with as well as the law firm.

Again, thanks to everyone for their advice. I really appreciate this community.

PS. As for SOL, I have heard so many conflicting things about NJ that I can't even begin to think about it. Some say 3 years, some say 6 years. I will err on the side of caution and say 6 years in NJ, and therefore I am still in SOL. Too bad it's not 3 years.....

Well betty i think that's something u NEED to find out cuz if it is 3 years and it's up that will be ur defense and must be put in ur answer!!
Can u call a local atty and ask them??
Please find out before u send ur answer out!
Ang

Here ya go Betty:
http://www.fair-debt-collection.com/SOL-by-State.html#31
This confuses me but maybe u can understand it better. If not, I also found this place where u can ask an atty a question:
legaltarget.com/statue_of_limitations.htm?OVRAW=statute%20of%20limitations%20on%20credit%20cards%20in%20New%20%2BJersey&OVKEY=statute%20of%20limitation%20credit%20card&OVMTC=advanced&OVADID=9810426012&OVKWID=29703424512
Hope this helps some,
Ang

That is weird...if the OC sold the debt to LVNV, they shouldn't be on the plaintiff list....maybe get subpoenaed by LVNV but that doesn????????t sound like what you say is happening. At this point, maybe you should contact HSBC directly and ask about your account, ask them if they are in fact suing you???????see what they say. I am honestly not sure if that is the proper route you should take, but it is what I would do to get to the bottom of it???????I can????????t even imagine the fun you will have if they don????????t know anything about it.

Hi all,

finished my answer with help from this site as well as a few others and becoming a little to inimate with the NJ Statues. :)

Please take a look, and let me know if it's too much (really, I won't be offended) I want it to be simple but effective.

I blogged it here njbetty.blogspot.com/ rather than take up valuable forum space - it's three pages.

The statements made by the plaintiff are further up in the thread.

LVNV rarely collects, if ever, for someone else. They are the country's largest debt buyer. This is very probably a purchased debt. That's why I stressed the demand for contractual obligation to them. Though I said that I don't like California's "fill in the blanks" answers, they are indeed the best route, unless you know a lot about your state's civil rules of precedure.

Wow Betty! Impressive! Good job! Now u can start practicing law! :D
Dont' forget to sign it before filing with court!
Good luck and keep us updated,
Ang

Ang; thank you! You are so encouraging - feels like you're right there w/me through the process. (PS it's not all me - got a lot from here and other sites as well.)

LawStudent: NJ actually just has a "checklist" with the option for 'other' - they don't try to help supply you with reasons :). Thanks for the feedback - I've been over and over NJ rules for civil procedure until I'm sick of them :), Why does the language have to be so convoluted???

PS Lawstudet/Cajun - any feedback about my answer?

I also wanted to add, I don't work and don't own anything in my name except my car. (I'm a housewife)

So even if I lose, there are no wages to attach.

I think the answer looks good.Just make sure you understand the defenses you raised and can support them if opposing counsel attacks them.

Thank you cajun! I have extensive notes for each point. It's like being in grad school all ove ragain.

I appreciate your feedback.

That is good.Since you don't have an attorney,be very proactive managing your case. Since you have answered,you should be entitled to discovery based on your state's rules of civil procedure.Start hammering out your first request for admissions,rogs,and documents.