LVNV Funding Questions

Anyone?

I'm not as experienced with CA issues as many others on this site, and (unfortunately for you at this point), it's a beautiful day across most of our country, a holiday weekend, and most people are outside instead of on the computer!

Hopefully someone with more experience will be along this evening, if you can just hang tight until then! (I'm only in front of the computer right now because I just finished mowing the grass and my allergies are kicking my butt! :lol: )

Ha ha thank you suebee, wish I could enjoy stuff this summer. :( cancer sucks.

This company is a beast by many names.

LVNV Funding, LLC,

DBA/ Resurgent Capital Services, LP

Dba/ Alegis Group, LLC

Aka/ Sherman Financial Group, LLC

aka/Pinnacle Financial Group



Fka/ Sherman Acquisitions

Aka/FNBM, LLC

Aka/Ascent Card Services

Aka/Ventus Capital Services

Aka/Performance Recovery Group

Aka/Receivables Management Solutions?





SUE ARGENTIERI IS A LIAR! DOCUMENT

SIGNOR LIES ON AFFIDAVITS,

COMMITS PERJURY? (SEE BELOW)



Addresses:

Bank of America Building

200 Meeting St., Suite #206

Charleston, SC 29401-3187



15 South Main Street, #600

Greenville, SC 29601

(Caution: Phone numbers are disconnected on a regular basis)

Phone: 888-665-0374-864-678-8421

877-264-5884



Fax: 888-546-7697- 864-370-4998

(Phones ring at Resurgent Capital, Greenville, SC)

Oh I know all too well about LVNV. I am in the process of getting a involuntary dismissal against them for:

Lying about not getting interrogatories and asking for a default judgment, I have the slip when the attorney got them.

Not being licensed to collect debt.

Owning the account and trying to collect on it before they where a registered corporation in my state started at 2005 and didn't register till 9/2006.

Lying on my credit report about the south Carolina address and an open account in 2005 when they weren't in business in SC until 9/2006

Listing it's principle address with the secretary of state as being Las Vegas NV when in fact their principle address is in Delaware.

I think I have a few more reasons written down but can't think of them right now. Would that get it thrown out you think?

You sound like you have some things the current judge needs to know about & possible violations pertaining to their conduct.

I might have an attorney threw free legal aid, ill call on Tuesday. If not I will do my best at typing up a letter and going to the court house with it and hopefully talk to the judge or someone at least before they get a default.

LVNV's attorney has about 50 debt collectors in his office, and 6 attorneys, so I think someone messed up or they are lying.

The other thing I am going to do is call the attorney on Tuesday. I am going to tell them I am recording the call and ask for the attorney on my case.

The president of the law firm signed all the papers including the initial lawsuit. Last time I called he is not the one working on the case, I was given a different attorneys name.

If the president of the company signed all the papers and is not in charge of the case, would that be against the law if I have it on tape? I think his signature was forged to be honest and he never even seen the case. He is never at the office when I call.

BTW, all his signatures on the papers is just the letter K scribbled. On the debt collection letters I got in the past, it is an actual signature and the K doesn't even come close to his writing.

If you live in South Carolina, you do not need to tell them you're recording the call. So dont.

No I am in Massachusetts. Is it illegal for the attorney to file an affidavit saying he is the attorney on the case when he isn't involved at all?

In Massachussetts, you'll need to notify the other party before you record, and give them the opportunity to opt out. As for the attorney issue, I'd think it would be irregular at the very least. Illegal or not would be up to your state's rules of civil procedure.

Well I think I found my answer. It is up to me to get it on tape and catch them in a lie.



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.

Another thing I noticed is that on the complaint, It is listed that LVNV Funding does it's usual place of business at

15 south main st. suite 500
Greenville, North Carolina 29601

I find it funny, because LVNV Funding is not in North Carolina and the attorney signed the affidavit that they are. They are in South Carolina but as a foreign entity.

Also as I stated before, their business is incorporated under Delaware, not South Carolina and not Nevada......

Could that be a technicality as far as SC and NC to get this thrown out also?

One thing I can tell you to look out for with LVNV Funding. Check your credit report, I bet you that they listed themselves with a open date that is different than the account with the original creditor, the date of last delinquency will be different, the account will be listed as open as well as possibly a line of credit or installment loan and as a factoring company account. These are all FCRA violations.

Yup they violated a lot but unfortunately it is too late for me to file a counterclaim. I am just trying to get this case thrown out, involuntary dismissal. I stated all the things I found on them earlier. I am hoping something will give as they have failed to validate before the lawsuit.

??
Continuing collection activity [in this case, suing] without providing validation when asked is a violation of fdcpa. That right there should be sufficient to get the case thrown out. You'll need to appear in court and make certain the judge knows that they didn't validate.

well the problem is that I didn't send it out CRR i just mailed it normal. So I have no proof I sent it or they even got it. although with their past, maby the judge will side with me.

Also their already asking for a default judgment saying I failed to file an answer and didn't answer the interrogatories which I do have the slip from the post office for that.

Plus the attorney is lying on the affidavits giving the wrong addresses plus other things.

Another thing I noticed is that he said as of last Friday, the amount I owe to LVNV Funding is $3,214.76. But if i look at 2 of my credit reports, it says I owe $3,321 and $3,317. both updated 5/2008

Do you have a copy of the validation letter you sent to LVNV? You'll want to show that to the judge, even if it wasn't sent CM/RRR. You never know, he might just take your side. That would be reasonable under the 'least sophisticated consumer' doctrine. Did you know at the time that you needed to send it CM/RRR? Hell, we get folks on these boards every day who don't realize that! You are not alone. Most people don't even know they have a right to validation.

Another thing that should weigh heavily in your favor is their attorney's saying you didn't answer the interrogatories. If you have the green card from that, you have them cold on that point. A copy of what you sent would also be helpful here.

On your credit reports and the amount the attorney says you owe... You have them dead to rights on at lest one FCRA violation. Possibly two, depending on what the actual total is. Somebody will pop up and correct me if I'm wrong, but if memory serves, those are worth $2,500 each in statutory damages. Though you may have to bring a separate action for them at this point.

Heres the thing with the interrogatories. I used the envelope provided to by by the attorney. I think they where trying to be sneaky from the beginning. Because of the type of envelope,I couldn't send it CM/RRR. So what I did was I had to buy a bigger envelope just so I could send it for delivery confirmation. They got it 3 days after I sent it and I even got the print out of the tracking from the USPS website.

As far as my credit reports go, II also noticed that the attorney swore that the interest was from 10/16/07 to 05/16/08 for a total of $3,214.76 but in a letter he sent me in March 31st, it says at this time I owe $3,243.71.

Hope your still with me, this is the kicker:

On the papers requesting a default judgment, dated May 16th,it says Current Balance:$3,243.71. it was that total over a month ago. BUT!!!!!!!! if I go to the 4th page it has how they calculated interest from 10/16/07-5/16/08 and a grand total of $3,214.76 $28.95 less than what they put on the previous page saying I owed.

Anyone see anything wrong with that? I wonder what the judge will think.

[quote=Guest]Heres the thing with the interrogatories. I used the envelope provided to by by the attorney. I think they where trying to be sneaky from the beginning. Because of the type of envelope,I couldn't send it CM/RRR. So what I did was I had to buy a bigger envelope just so I could send it for delivery confirmation. They got it 3 days after I sent it and I even got the print out of the tracking from the USPS website.[/quote]

Delivery confirmation isn't *quite* as good as a signed and dated return receipt. But it ought to be good enough, under the circumstances. Make sure you have the confirmation printout showing the tracking number and a copy of what you sent. You should be fine on that score.

[quote=Guest]As far as my credit reports go, II also noticed that the attorney swore that the interest was from 10/16/07 to 05/16/08 for a total of $3,214.76 but in a letter he sent me in March 31st, it says at this time I owe $3,243.71.

Hope your still with me, this is the kicker:

On the papers requesting a default judgment, dated May 16th,it says Current Balance:$3,243.71. it was that total over a month ago. BUT!!!!!!!! if I go to the 4th page it has how they calculated interest from 10/16/07-5/16/08 and a grand total of $3,214.76 $28.95 less than what they put on the previous page saying I owed.

Anyone see anything wrong with that? I wonder what the judge will think.[/quote]

I'd think he *could* dismiss it as a typo. OTOH, he might just swat the attorney for failing to exercise due diligence in his filings. That's what I'd hope, anyway.

And, BTW... You aren't the only one who wonders what the judge will think. Keep us posted, OK?

I found something else out today. The attorney also owns another company called HEMLOCK GORGE HOLDINGS, LTD. and it is at the same address as the attorneys office. That is his internal collections company and they deal in Investments, Purchase and collection of accounts. All the same guys appointed as President, director and secretary at the law firm are the same as HEMLOCK GORGE HOLDINGS, LTD. They even have the same registered agent.

Now I am really starting to think the attorney knows nothing and either signed the affidavits or they where forged.

I just got off the phone with the attorneys office. I told them I requested validation in writing and I included the C&D in the DV letter. They put on my account that it was for in writing too. I told them it was only for phone calls.

The attorney who signed ALL of the papers is NOT the attorney dealing with the case. So they wouldn't even let me speak to the President of the company who filed all the papers.

Is that legal?

The account was with NCO in Jan 08 they could not Validate ..So they sold it to Global Vantage who could not Validate .. who gave it to Mer/Brachfield and Associates who have not Validated ...I check my credit report every month this was not on my report till this month. They have reported me disputing They opened the file in Feb 08... I did not hear from Global till March... I assumed it was still with NCO but they moved it out quick...
It does say LVNV.. The also show a big red charge off for May .... So as it was with them through all their alias .. Can they do this and put a big red charge off on this month as I have not received any reply from any of their alias ...Thanks

I really hate these people. What needs to be done is to get all the people like us who have been harrassed and had our credit destroyed file a class action law suit against them and make the Credit Reporting Agencies follow-up on these known offenders and help us out a bit.

How do you find out if a collection agency is licensed in your state? Is there a list or a specific website that will tell you where they are licensed?

Let me know what state you live in and I will look it up for you and tell you how to find out.

Uncle Wulf, it's actually $1,000 per violation or 1% of the company's net worth (which ever is lesser)

I am now in TN we moved here in November of last year.

IMHO I think it should be whichever is greater. So if it was a company that was worth $1,000,000,000 you could sue them for $10,000,000. It might be abusive but it sure would give them incentive to stay within the legal guidelines.

I too am dealing with this company, however they have an attorney in my state (georgia) sending me correspondce. I answered there summons asking for validation - they sent me a settlement offer 3 days after they received my letter, then 5 days later they send me a letter "verified" the debt is true with a signed affivadit. I sent them another letter stating verification was not validation and in the meantime I receive a interragatory asking me a bunch of questions. I am going to answer there questions, however I am curious as to whether "verification" is the same as validation and if this were to end up in court can I request that produce hard copies proofing that own this account. They have already listed this on my credit report as a factoring account, however the balance keeps changing. Please help. Thanks.

Lindy, I am also dealing with LVNV who has turned the account over to an Collection Attorney in South Ga.

I have turned this over to my Attorney who just last week sent a dispute letter and request for validation.

In the first part of your post, you mentioned that the Attorney has been sending correspondence. You also mentioned answering their summons.

Have you been legally served with a civil summons?

If you have not been legally served, you are under no legal obligation to answer their interrogatories.

Verification that a debt is true is not the equivalent of validating a debt by providing sufficient documentation to prove you owe the debt.

Yes, you can ask for full validation (proof that you owe the debt) during the discovery process.

I got the letter in the mail today from the court, LVNV Funding got a judgment by default. I am pissed because

1. they are not licensed to collect debt in my state

2. The attorney failed to validate..

3. They owned the account in 2005 and put it on my credit report 2 years before they where a corporation and had a registered agent in my state.

4. they say the debt is only from 10/2006 which is the day the attorney picked it up.

4. poor filing of court papers.

5. I wrote a letter to the court explaining all of this and they failed to comply.

What the hell do I do know? I can't afford a lawyer and free legal won't help me. I am disabled and want to fight this.

Irish, were you served with a civil summons?

If so, did you respond accordingly within the required period?

Yes I got served in January, I responded to what they gave me. They said I didn't and got a default.

I am calling the AG today to tell them that they are not licensed and bonded and owned the account before they where a corporation in my state and South Carolina which is the state on my credit report in 2005. Furthermore, they put their principal place of business as Las Vegas in their corporate filings for the state when they are not in Las Vegas.

Thank you for your response. I just want to ensure that I am doing everything legally.
In answer to your question, yes I was served my a deputy of my county with a summons. I answered the summons and filed it with my clerk's office. In the meantime this attorney for the debt collector sent me a settlement offer letter (after he received my validation letter). Then 5 days later he sends me a verification letter stating the amount, dates, etc. and a signed affivadit from the debt collector. I do not consider this to be sufficient evidence they own this debt, etc. How do you find out if they are legally licensed to operate in the state of ga.
What do you mean by discovery process. Is this the document he sent me (interragotories)asking me to admit debt, admit I owe,etc. I am going to send my response to him via certified mail. However he stated in the letter it was not filed at my courthouse - so do I have to file my response with my county clerk's office like I did before. I really want more proof that they own this. They also ask me to state if I thought that had violated the fair debt act. I just need help - I called an attorney, but they said they would charge more to represent me that I owe this people. I am not giving up without a fight. Thanks for all the help

lindy48, LVNV Funding is not registered with the state of Georgia to do business. They do not need a bond or license but they do need to file as a corporation and they are not filed.

I called the Attorney General office today but the lady to complain to was not in. I found out that in 2004 when the licensing went into effect that about 378 collectors where told to get licensed or cease debt collection practices in this state. LVNV Funding didn't come into this state until 2006.


LVNV Funding lists their business as "Acquisition OF Loans" Is that the same as debt collection?

What is LVNV Fundings principal place of business?
First they filed at:

5438 vegas drive
las vegas nevada 89119

Now it's:
625 pilot road suite 2
las vegas nevada 89119

If I report them, I can get their permit revoked for false filing. I thought their principle office was in South Carolina.
Anyone know?

Does that mean that are not allowed to come after me? Is that why they are using a Georgia attorney? In my answers to there interragotories should I ask for proof that they are registered in the state of georgia. In my original letter to them I asked for this, but they did not respond. Can I also request that they send me documentation/validation I owe this account? As I did previously but they only sent me a statement of facts (the attorney).
Thanks for all the help.

I would call the court house and find out for sure. I really don't think they can touch you if they don't have a registered agent in your state. The court should be able to help you.

Are they registered in Tennessee? Anyone? LOL I got lost in the shuffle here lol. I have not been served with any papers yet and probably won't be, they are coming after me for some bills ranging from around $50 - $200 I think. Still these debts are over the 7 years and actually some of them were incurred while I was living in NY (almost 12 years ago) where I think it was actually only 4 years instead of 7.

Guest, I could better understand and agree with you if a CA/corporation was directly doing business in a State they are not registered in.

I don't think a corporation dbaa CA would be required to register if they have assigned the debt to an Attorney in that State.

Rats, forgot to sign in. :x Above post is mine.

I also think this may apply to CA's LVNV assigns their debts to.

They are not registered in Tennessee either.

Depending on a states debt collection laws, it will determine if they can have an attorney or another collection agency collect for them. Either way that would still be a violation of the fdcpa, thats my opinion.

Thank you so much Guest. But can anyone tell me where to find this information so that I can refer to it when I dispute their negative reports on my Credit reports?

what I do is just type on google

Tennessee corporations and this will come up.

tennesseeanytime.org/soscorp

I do it by each state, sometimes it takes longer to find.

Awesome! Thank you so much!

Oh Geez check this out LVNV is not but look who is:

DBA/ Resurgent Capital Services, LP

Dba/ Alegis Group, LLC

aka/Pinnacle Financial Group - 7 Entries only 2 active!

Aka/FNBM Merchants, LLC
Aka/Performance Recovery Group
Receivables Management Solutions?

Also RJM Associates

I have a lot of work to do!

I plan to call the "Secretary of State" office Monday to inquire about the Corporation/Registration being a possible issue.

In my case, I really don't anticipate this being an issue.

I don't think a CA or debt buyer dba a corporation is required to register in a State in order to hire an Attorney to act as an agent on their behalf.

But, this is just my opinion.

According to Ga. code, an out-of-state corporation is not required to register in order to collect a debt.
Collecting a debt in the State of GA.does not constitute transacting business.

So that would me they can come after me by using the georgia attorney to do the leg work for them. I am going to answer their interragotories and mail it back. Then I will wait to see how they proceed. I consulted with an attorney, however he told me his fee would be more than what these people want out of me. Hopefully by me responding to all there letters I can show them I am not backing down until the finish.