LVNV funding

Four steps are there after you get a summons: -

1. File an Answer
This can be done by you for dismissing a motion. If it is granted then the case finishes.

A counterclaim can be filed by you which is your suit against the claimant or complainant.

2. In the second step, you can ask for discovery of facts associated with the allegation. Some of its important aspects are: -
a) Interrogatories
b) Motion for producing documents
c) Examining the physical/mental state of persons
d) Admission requests

Discovery is the most expensive part of this process.

3. After you come to know about all the facts about the summons, now you can dispute a fact (in your case there is a dispute, I suppose). Then a Motion for Summary Judgment can be filed which is a good means for removing weak cases.
4. It may happen that the judge doesn????????t allow Motion for summary. In such a case where fact dispute along with proper law exists and no settlement is involved then Trial is the last resort.

You can follow the above mentioned steps. But before that you should consult your attorney.

Welcome to the Community Emily :D LVNV doesn't play fair, and will try anything, so keep on top of them. Keep notes of any conversations, copies of everything they sent or you have sent, this came in handy for me.

I have never gotten them or ther many companies to validate, or fully validate for me. Is the Law firm Weltman, Wieinberg and Reece(sp)? Keep DVing them. I have sent a letter along with my original DV to show that I was still waiting for a response for the original DV.

Make sure, as Phoenix says to follow all the steps before you go into court so that you will be prepared..Let us know what happens..karen

Thanks Phoenix, and Bossy. This is all so confusing, and I can't afford an attorney. My husband is about to get his second hip replacement surgery since may, and the hospital bills are mounting. There is no room in the budget for an attorney.

Bossy, the legal firm that LVNV hired is in Kansas City, MO. They hired a firm in the STL MO area to handle this case. I don't understand how they can collect money from people through such deceptive practices when they are supposed to know the law......or do they? :?

P.S. I have gathered some info from the internet about LVNV. Would it be helpful to deliver the info to the judge before my next court date so he has some sort of background on this junk debt collector? Or would I be wasting my time?

there has got to be something,i would ask the judge your options.since it's obvious they can't validate,i mean how many
freaking continuances are they gonna request.probably until they can get a default.

Most of the time LVNV can't validate their portfolios. They count on the ignorance of of the consumer to deliver a judgment to them or they keep farming it out to other collection agencies to collect on.

It's so unfair that I never get to speak with the judge. He just calls the docket, and when he calls my name, I say, "here", then he says "second call". After he completes the docket, the attorney comes to speak with me, and she gives me another court date, and sends me on my way! It's so frustrating! :x And what's the deal with her not having this so called "stack of papers" that she recieved from LVNV? She's supposed to be a professional! :roll: Perhaps these so called "papers" don't exist, or she really is confusing me with someone else. I'm so sick of these people wasting my time with this crap. :x But I'll keep showing up so I can be sure they don't get a default judgement against me.

To know more about LVNV and their activities, you can go through the following pages: -

lvnv funding llc purchases charged-off a/c from creditors

LVNV Funding LLC - summary page

You can find very relevant information about the ways of tackling LVNV when one get sued in the page:-
http://www.debtconsolidationcare.com/collection-agencies/lvnvfunding-sears-account.html

Did you file your own set of Discovery requests? If so, file a Motion to Compel. If they still do not produce the documents file a motion to dismiss.

What is a discovery request, and how do I go about filing that, and a motion to dismiss?

ask the clerk of the court on how to file a motion for dismissal on your own (Pro Se). They can assist you on the format it would need to be in. What I am thinking is to file a motion asking for dismissal based on their inability to validate the debt.

What is a discovery request, and how do I go about filing that, and a motion to dismiss?

Sorry, I didn't mean to post the same thing twice. :oops:

Thank you jj. :D

I received a summons to appear in court in Texas on 9/29/08. I have already attempted to have them validate the claim, sent a 2nd notice and last sent a motion to dismiss since they did not respond to my letters. Is there anything else you can recommend that I need to know when I go to court, I will be respresenting myself because I cannot afford a lawyer.

I need advise, I receives summons to appear in court in Texas. A few months ago I requested from LVNV Funding a validation and followed with a reminde 6 wks from the 1st letter, finally I sent within a time frame later a notice to dismiss since they did not respond. Just yesterday I received in the mail a letter to contact them to negociate with them to resolve the issue. What do I do?

did you send the letters certified mail return receipt?if so that is continued collection activity.once they get those letters they can't continue to collect.that means taking you to court.if you did send them that way and have the receipts present that receipt plus the letters to the judge.that should put a crimp in there shorts.

Yes I did mail them certified and received confirmation back. And I plan to take them with me and copy of the letters I sent to them and present them in court. Should I just ignore the letter to contact them to negociate a deal with LVNV?

i would contact the court.there should be details on the summons.check to see if there is a court date.if so go and get there action dismissed.probably with perjudice.

Did you add a "limited C&D" to your DV request to LVNV? Did you DV LVNV or Resurgent Capital or one of their other collectors? LVNV will take any limitation of contact as a full cease comm and then proceed with a suit (if you added the "limited C&D" to your DV, then they are w/in their legal rights to file and have not violated). Contact the court of record and obtain a copy of the record. What county are you in in TX? When was the last time you paid on the account? How is it reported on your reports?

Sorry folks...I've been stuck in St Louis for the last 2 weeks so I really haven't had time to keep up with current events. Flying back to Dallas tonight so hopefully will be back to my happy self tomorrow.....:)

I live in Harris County, I received a original petition of citation on 6/17/08 and I responded back on 6/20/08 via certified mail requesting validation. Then I sent another letter certified on 7/25/08 requesting them to validate claim since they did not respond the 1st time. Then 8/22/08 I mailed certified letter on cease and desist attempts to collect since they never responded on validation and explained to them that I will resolve the issue with the original creditor instead. Just last week they contacted me by mail to contact them by telephone to resolve and make payment arragements.