Response on DV sent to LVNV Funding & Attorneys
Date: Sat, 01/10/2009 - 13:36
So now that I'm utterly confused, what do I do now?
Thanks in Advance.
Can someone please direct me in the right direction please? :?:
Can someone please direct me in the right direction please? :?:
The balance affidavit is worthless unless the person who signed
The balance affidavit is worthless unless the person who signed it shows up in court and explains HOW they know this is true and correct.
But isn't a DV after a summons a moot point? Did you file a pro
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.
I think its a subpoena you want to file for the signer of the af
I think its a subpoena you want to file for the signer of the affidavit...I think. :)
First, there was never a court date given to me. Not even in the
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.
Honestly I am not sure if it does cost to file those..it may..BU
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.