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recived summons from lvnv llc

Date: Mon, 03/23/2009 - 18:57

Submitted by rjmoore1980
on Mon, 03/23/2009 - 18:57

Posts: 6 Credits: [Donate]

Total Replies: 12


i have been reading all of the post concerning lvnv and i m still at a loss i received 2 summons from them concerning 2 sears accounts one a store card one a master card. these accounts are closed according to my experian credit report. but i also see lvnv funding on my report but it says that the accounts are closed also so what the hell?? i had these cards when i was in california i now live in nevada, so what sol do i go by? and am i still with in the sol? the last time i can remember paying on either of these bills was in september or october of '05. should i be sending a dispute letter? i have written a letter to the courts i just have not sent it yet i still have about 15 days.
so what should i do? i have no money i do not even work i am a full time student, i do not own my car that is in someone elses name i do not have a home in my name so really what could they do?? i do have a checking account but i can just close that no big deal ther so any comments would be welcome

i have been told that i should call them and say that i will pay a portion of the total if the drop the suit and remove there stuff from my credit report and accept payments until i receive my taxes for next year and am able to pay the remaining balance and to have it written and signed what do yo think?


Hi rjmoore1980,

You should have no problem in the court. You are insolvent for all intents and purposes.

They won't "remove their stuff" from your credit report because its accurate info.

You have a payment plan all set up, offer that to the courts, you may end up in a much better situation this way.

The shortest SOL of those 2 states is 4 years, so you have until Sept or Oct 09 before you get there.

It's too late to send a dispute letter, but you can file a motion for discovery. But seriously, you have no income, nothing to attach. No problem.

Somebody else may come along and provide more info, but I don't personally see that you have any problem, it's LVNV that is going to be at a loss here.

Is that all the debt you have? You may consider filing for bankruptcy so you can have a fresh start when you leave school, those school loans should hit you hard enough.

But, here is some more info: Avoiding court for debt owed.
Responding to a summons.
Oh, and word your responses carefully and according to legal procedure. LVNV are known to play dirty.

Hopefully that helps,

chrys


lrhall41

Submitted by Chrys Henderson on Mon, 03/23/2009 - 21:49

( Posts: 2538 | Credits: )


ok i called up the lawyers that are representing lvnv and they said i could set up a payment but i would need to pay a down payment then it would be 100 bucks per account so 200 a month in payments wtf?? i tried to tell them i am broke and if they take me to court they wont get anything anyways that i am trying to pay my debts but that i need some time to come up with the money but in the mean time i can afford maybe 50 a month they said they would see me in court then, i asked if i could take directly to lvnv and they said they could not give out that information, so i called the only number i knew for the which sends me to resurgents and they said i need to call trakamerica, those people wont even answer their phone so now what should i do??? they lawyers say they will settle for 50% of the debt thats fine but like i said i don't have any assets that they can take so wtf are these people hopping to accomplish? if the judge finds in favor of them what can he really do? can i go to jail? if not then i shouldn't be worried right i am a stay at home dad we are not married and they can not take anything of hers right? nothing is in my name because of the credit. so what might my options be? any help would be much appreciated thanx


lrhall41

Submitted by rjmoore1980 on Tue, 03/24/2009 - 17:16

( Posts: 6 | Credits: )


Why even let them get a judgment? That would stick on your for 10 years...you may be insolvent now but will you be 5 years from now? 8 years from now?

It is too late to DV as was mentioned above, so you need to do it in court. During discovery you send them a set of questions and ask for documents such as contracts, last statement, license to collect, proof they own the account or bought the account, etc.

If you are not married they can not touch anything of your girlfriend's. Nada. I am not sure if Nevada is a community property state, but even if it was, since you are not married now even if you do marry her, she will still not be liable since these debts were incurred outside of the marriage.

If they can provide the documentation (and they may not be able too..they weren't able to provide them to me and I sued them and won) then you can show the judge that you are insolvent and you can make a very reasonable payment arrangement, like your $50 a month LVNV wouldn't accept before...except this time they have to accept it if judge orders it.


lrhall41

Submitted by goldenbast on Tue, 03/24/2009 - 21:17

( Posts: 2884 | Credits: )


Wow...that should leave their head spinning. Have they sent you a set of questions or a production of documents yet? You can use that as a template for your own. I am betting they will try objecting to much of that but honestly all you have to argue is that everything you asked for is reasonable as it would prove weather or not you owed this money and that if such documents don't exist, then how can the debt itself exist?


lrhall41

Submitted by goldenbast on Sat, 03/28/2009 - 21:49

( Posts: 2884 | Credits: )


ok so i sent my reply and filed it with the court, they got that on the first of april so it has been a few weeks now what i am wondering is what i should do now? they have been calling but it is not my phone it is a friends because i do not have one. i have not received anything in the mail. so what should i do? do i need to wait for awhile longer? and what would be my next step?


lrhall41

Submitted by rjmoore1980 on Sun, 04/19/2009 - 13:31

( Posts: 6 | Credits: )


ok so it has been what ... almost 3 months since i have given them a discovery letter, they have called but not to my phone they keep calling a friends phone for some reason, now what i need to know is what now? do i write the courts asking for a dismissal? how would i write that? i found the letter of discovery online and adjusted it for my use but i can not find a letter for dismissal, any help would be appreciated


lrhall41

Submitted by rjmoore1980 on Sun, 06/21/2009 - 22:45

( Posts: 6 | Credits: )


The Motion for Discovery,etc, is a court procedure to be presented to the court. Look up your county municipal court, the documents and instructions will be there.

I'm taking it that you are representing yourself (pro se)? If so, here is a little info about Interrogatories and Discovery. Here is a great site with a *lot* of info on civil court procedures, just keep in mind that it is for New York State and may differ in some aspects with your state.
"http://www.nedap.org/hotline/court.html"

You should seriously consider getting an attorney. Your county court (even on the website) will have referrals to Legal Aid (if you cannot afford one).


lrhall41

Submitted by Chrys Henderson on Sun, 06/21/2009 - 23:14

( Posts: 2538 | Credits: )


LVNV has my sears master card.... and I have been paying them since January. end of may they wanted 15% of the balance by June 1st. I told them I couldnt do that but I can continue my monthly payment to them.......... last week the sent me a letter that they will take my agreed upon monthly payment this month for june...... All I owe is $2400. Ive been paying them $50 a month since january. I also sent them $900 to start the payment plan in january.

LVNV is a pain to deal with because they just want to clear these debts off their books.


lrhall41

Submitted by on Mon, 06/22/2009 - 09:24

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