LVNV Funding wants a default judgment

Welcome to the community guest.

Most attorneys will try to motion for default judgment. Since you had requested validation in the past and they decided to continue their collection activity you already have grounds to file countersuit for $1,000 for violation of the fdcpa. You can also request the same validation documents you requested previously during discovery (check your state/district rules for civil procedure)

If they fail to provide the documents, especially the contract and a bill of sale or assignment contract, then you can motion to dismiss with prejudice.

Well I already sent 2 pages of info claiming that I sent them a DV letter in the past and never heard anything. I also stated how LVNV Funding is not licensed to collect in my state so therefor had no right to begin with to try and collect. If they listed Resurgent Capital Services, they could have gotten away with it but any D/B/A must be licensed separately.

AHHHH!!!! Another thing I have noticed is that the sworn affidavits where not signed and one of the forms sent was not filled out completely. Some of the forms have his signature and some don't.

I also still have the old papers, the first 2 letters from the attorney, one is a printed signature and the other doesn't have a signature but threatens me with a lawsuit and taking my items such as a car.

The first letter is also overshadowing as it says I am unwilling to pay LVNV funding, which I never got a letter from, and to contact them before they have to make any recommendations to LVNV funding. They tell me to call and speak to the Recovery Area.

I find it very odd that with all the companies they deal with that the attorney viewed this letter and my file. Could any of this information get this case thrown out?

Guest, what state are you in?

massachusetts

As mentioned above, I noticed more. On all 3 of my credit reports, it says I opened an account with LVNV funding in 05/2005. On all of the court papers, sworn affidavits and such it says I owe LVNV Funding from the date of 10/16/2007.

10/16/2007 was the day I first received a letter from the debt collection attorney.

Should I call LVNV Funding tomorrow and see if they have the account still and if they are in fact collecting on it?

I have been reading the civil rules of procedure and the papers I have are not signed. The only one he signed was the complaint. The affidavit, statement of damages,Uniform counsel certification and conflict of interest have not been signed. They are all under the pains and penalties of perjury. So does this mean that Rule 11. would apply as stated?

RULE 11. APPEARANCES AND PLEADINGS

(a) Signing. Every pleading of a party represented by an attorney shall be signed in his individual name by at least one attorney who is admitted to practice in this Commonwealth. The address of each attorney and his telephone number shall be stated. A party who is not represented by an attorney shall sign his pleadings and state his address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney to a pleading constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is a good ground to support it; and that it is not interposed for delay. If a pleading is not signed, or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading had not been filed. For a wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

When was the last time you paid on this debt? SOL for MA for this type of debt is 6 years.

It was 4 years ago so the SOL does not apply.

If the papers that where sent to me where not signed, does that mean that the papers that the court has are not signed either?

That is a possibility, the only way to find out for sure is to ask the court. Not sure if they can share this information with you but it wouldn't hurt to try. The best thing to do in my opinion is seek legal council. If you can get their suit thrown out then you can file a counterclaim for your attorney's fees and court costs.

Well I called the court and the attorney did sign the papers. They just got the request for default judgment today and I told the clerk I have the receipt from the post office saying that I sent the Affidavits. Do you think they would be low enough to actually throw away what I sent in and say I never did?

Oh yeah and another thing to add. LVNV Funding has on my credit reports that I opened the account with them on 5/2005. They where never licensed to collect debt in my state.

The thing I am questioning is they did not apply for a business certificate for a foreign entity until 9/2006. So basically they where conducting business in a state they are neither licensed or registered in.

Am I right?