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Response on DV sent to LVNV Funding & Attorneys

Date: Sat, 01/10/2009 - 13:36

Submitted by fallenmacleod
on Sat, 01/10/2009 - 13:36

Posts: 10 Credits: [Donate]

Total Replies: 8


Okay at the first of this month like I was advised to do by several wonderful people here I sent a DV letter to lvnv funding llc I also chose to send a copy to the attorneys mentioned in the summons. I have heard nothing from LVNV Funding directly, however I received a letter from the lawyers today. All they sent was a Balance Affidavit and an Account Info Sheet. None of which are originals originating from Citibank who owned the credit card account in the first place. they sent none of the information I requested either. Also the lawyers listed on it are different than the original lawyer and one person is giving a statement but it's signed by someone not that person.
So now that I'm utterly confused, what do I do now?
Thanks in Advance.


you re-send your DV letter stating that is not proper validation.also send it ceritfied mail return receipt.they are famous for this.do not take that for an answer.


lrhall41

Submitted by paulmergel on Sun, 01/11/2009 - 17:35

( Posts: 15514 | Credits: )


so that was there response to your request for documentation?i would confirm the court date,file with the clerk that you want this person on the affidavit to appear.then show up with your documents,requests and what little they provided.


lrhall41

Submitted by paulmergel on Sun, 01/11/2009 - 18:13

( Posts: 15514 | Credits: )


But isn't a DV after a summons a moot point? Did you file a production of documents for the specific documents? Those documents wouldn't satisfy that and you could file a motion to compel.

You should also object to the affidavit as hearsay because the signer couldn't possibly have any knowledge of any documentation signed between you and Citibank and that you have the right to question this person.

Ask for specifically:
The ORIGINAL contract and/or agreement signed by you
All statements of the account
a complete ownership of said account from the OC all the way down to them

there may be more but those are the important ones.


lrhall41

Submitted by goldenbast on Sun, 01/11/2009 - 20:50

( Posts: 2884 | Credits: )


First, there was never a court date given to me. Not even in the original summons. Secondly I sent the DV letter certified with return receipt to both. The only answer I got back was from the attorneys not the CA. Also, and I feel stupid for asking, does it cost anything to file things with the courts since my DV was not answered correctly? Including subpeonas for documents?
I hate asking that but I was informed Friday from my doctor that until after my baby is born I can't go to work anymore. I have no income other than my husband's and right now the state its self is refusing us any aide other than for my medical which I've had all through my pregnancy. So long story short if it costs money to file, I'm just SOL.


lrhall41

Submitted by fallenmacleod on Tue, 01/13/2009 - 08:28

( Posts: 10 | Credits: )


Honestly I am not sure if it does cost to file those..it may..BUT you can recoup that by countersueing for your court costs..but I understand if the problem is that you don't have the money initially to file....that is why I haven't filed against a CA these last couple months..even though I know I will get it back..didn't have it initially.

Usually there is no court date until after you file your answer..then you will get a notice about when the court date has been set. The point about the DV is that you sent it AFTER you got the summons, so they can ignore it at this point.

Ask the court clerk what it would cost to file a production of documents. As for the affidavit, just object to that as hearsay and leave it at that.

If it costs to file the production and you can't do it, then just ask the judge for them to prove it, ask in court to see a signed contract, the last statement and a breakdown of all monies owed. If they bring the affidavit then, you object to it as hearsay.

Honestly not sure how it will go like that, the judge may grant a continuance to allow the plaintiff time to gather up the documentation.


lrhall41

Submitted by goldenbast on Tue, 01/13/2009 - 11:45

( Posts: 2884 | Credits: )