asignee or owner of debt?
Date: Tue, 12/19/2006 - 11:11
On my summons it says LVNV ASG SEARS.I know it was bought not assigned because on my cr it says bought by another lender. Is it legal for them to make it appear as they are collecting/sueing on behalf of Sears?
I'm just curious as if it should be brought up at my hearing as they still have not validated it. Also i read somewhere that it was also illegal to send out collection letters on attourney headed paper when no attourney has viewed your account.The only letter i recieved from them was the month before i got the summons and it states that no attourney has personally reviewed my account.
Any help on this would be appreciated..Thanks
Guest, go to the local county from where the summons are issued.
Guest, go to the local county from where the summons are issued. You will know if LVNV has a legal case against you or they are just sending fake legal papers.
If LVNV has not validated your debt till now, you should be able to use this point as your defense. Send a debt validation letter to their mailing address through certified mail with return receipt requested. You will have proof of the information being requested from the company. The judge will not give any decisions until LVNV has shown your debt details properly.
I have already been to court for this 2 times.The first time the
I have already been to court for this 2 times.The first time they had it continued until the following week which i did not find out until i got to the court.The next time they asked for a continuance of 60 days because they did not have the information i asked for ans said they needed time to gather it up.That was 2 months ago and they still have not sent me anything regarding this ,only phone calls daily.
So when i go to my next court date should i show the judge my letter and receipt from my certified letter i sent?
I have a feeling they may just bring the information with them that i asked for to court intead of validating to me when i asked for it.
Yes, don't fail to show your presence in the court. Otherwise, t
Yes, don't fail to show your presence in the court. Otherwise, there will be a default judgment against you. Show the receipt about your asking for debt validation. The burden of proof will fall on the collection agency before the judge makes any decision.
They might have purchased the account from Sears. If they did,
They might have purchased the account from Sears. If they did, they can sue you over the matter.
Assigned and Sold kind of go hand in hand. Assignment is just t
Assigned and Sold kind of go hand in hand. Assignment is just the process of transferring legal ownership of a debt to a new entity. Sears owned your debt; LVNV told sears they would buy it and then paid Sears X dollars for it. Sears (assignor) then assigns the debt to LVNV (assignee). Now Sears has nothing to do with the debt, and LVNV is free to sue/collect on it.
Same thing as a car note. You go to a dealership and want to get financed on a new car. Dealership draws up a contract and you sign it in their office. Dealer lets you take the car, they own a contract, and they have purchase money security interest in the chattel goods (car) until they find a bank to buy the contract. When they find a bank that approves the deal, they assign the contract to the bank, and bank sends dealer a check for the cost of the car. Now you owe the bank, not the dealer.
Actually, reading back into the post: "LVNV ASG SEARS" doesn't m
Actually, reading back into the post: "LVNV ASG SEARS" doesn't mean they are trying to sue on sears behalf. The ASG stands for Assignee; which means they did buy it from sears. They put that in the caption to describe which debt they are suing over; it was originally Sears' debt.
If you have requested validation with due diligence (meaning you did it within 30 days of their notice), they should not have sent it to court until they validated. I am having that same problem with one of my own accounts... will just bring all my papers to court and show it to the judge.