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LVNV Funding & Attorneys vs. ME - need some advice

Date: Thu, 05/22/2008 - 23:36

Submitted by snickers1776
on Thu, 05/22/2008 - 23:36

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Total Replies: 4


In 2005 I had went default on a BOA visa card & this is when capital, resurgent, LVNV got involved with bugging me about payments. I had gotten ill with surgery and lost my job, this is what I had told these collection agencies. But then when LVNV Funding sent me a letter stating that if I werent going to pay the settlement agreement of the so many $1000's they wanted,they would make other arrangements like jail and/or sue me. Well, I tried to talk to them on the phone, this was a lost cause. Then just last year, I receive a supena to go to court on the matter and my case worker told me to ignore it - because of being on disability payments they cant touch ya.. Ha! I followed her advice and now look, - LVNV went to court and the case got settled without me present; and now I owe them more than the original credit/debit. No thanks to some lousy advice. Anyways, I had made arrangements with them to make $50 pymts to them until next yr, well this wasnt enough and now the attorneys are demanding more or they will sue me.... My question is here to ask:
Would it be wise to contact LVNV Funding on this matter or go back to Bank of America and try to settle it that way. Or since it has already gone too far where now that the attorney have applied the 8% fee ontop of debit amt. --- How Can I write a letter explaining my budget and a payment agreement to satisfy both parties. Anyone with any ideas is most helpful... Lost Snickers.... txs


Keep paying the $50 a month to whom ever you are. Tell the attorneys, in writing by CMRR, that is all you can afford. If they sue you again (highly unlikely) you can show the judge that you are making the required payments as per the, hopefully, written, agreement and that you cannot afford anything more.

Also the case worker was referring to the fact that they could not take your disability payments through garnishment.

Always show up in court unless the court clerk tells you not to. Don't listen to anyone else, especially the CA's attorney they have been known to lie to get the default judgement.


lrhall41

Submitted by on Fri, 05/23/2008 - 00:27

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Before the verbal payment agreement was put into writing I had talked with the attorneys and told them a possible plan in Jan 2008 if what I could afford, then I got the lst letter. This to them was the payment agreement. When I brought in my 1st payment of $50, I knew then that I couldnt follow that verbal agreement due to medical bills that were present - so I told him that. This was in Feb 2008, he told ok keep paying $50 until then end of the year and then it will go up to $100.. I agreed and was awaiting the confirmation letter which never came. So I continued to make payments of $50 and then this month - may '08 I get a default letter.. He tried to tell me that we never talked about me paying $50 until then end of year, I called him on it - Dont you keep notes! he had no answer to that. I tell ya - like you said "they have been known to lie to get the default judgement" - now I know what they are up to but how am I going to fix this... Question: Can I go back to the Judge on this case and ask him for help or should I go get legal advice before I make any more payments?


lrhall41

Submitted by snickers1776 on Fri, 05/23/2008 - 01:22

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Thank you all for your advice and now I wish I had known back then what I know now about this bad messed up company I wouldnt have to pay double the charge on interest but I am stuck and have to deal with it. I did get served and now have no choice but to pay the price and penalties... thxs to all those who replied..


lrhall41

Submitted by on Fri, 06/20/2008 - 14:32

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