I have a question to be addressed by a attorney
Date: Fri, 01/11/2008 - 19:52
Well here it goes:
I have a question about Sherman Acquisitions, mainly lvnv funding llc.
I am aware that they like to manufacture the infamous Allison B. Moon affidavits. According to some of the source I have checked into this person appears to be fictional. Nobody seems to know this person let alone actually locate her/him/it. Now if a consumer were to be sued by LVNV Funding and they produced one of these affidavits of course it could be objected to as hearsay as the person signing the affidavit cannot testify to its accuracy. Now what if perhaps in discovery Mrs. Moon could be summoned by the court to testify? Or would it be a subpoena that would be required to make it a court order to show up? Either way if the court would find that this person in fact does not exist, could there be a way to get previous judgments vacated that had Moon affidavits submitted as part of their "evidence"
This could instigate a nationwide windfall of judgment vacation. I'm not a attorney and I don't know the finer intricacies of the judicial system but it is an interesting thought (in my opinion at least)
What are your thoughts?
If Ms Moon were deposed or got a subpoena to testify and it was
If Ms Moon were deposed or got a subpoena to testify and it was discovered she didn't exist, the word fraud comes to mind. NVLV (underwritten by, what else?, a few large insurance firms), is a master at commiting fraud, violating the fdcpa and various state laws. Anyway, if this were dicovered, the case would be thrown out, and if enough people persued it, LVNV would go the way of Enron and Worldcom, with many of it's officers in prison.
So, I guess someone would have to be sued by LVNV then take this
So, I guess someone would have to be sued by LVNV then take this route. Is there any way to request deposition when a affidavit is presented?
Also when you said if enough people pursued it, what people might you be referring to?
You can answer all your questions during the discovery phase of
You can answer all your questions during the discovery phase of the trial.
During discovery is where a party either proves or disproves the
During discovery is where a party either proves or disproves their case. Requests for documents,admissions,interog,and depositions can be motioned as needed. Witnesses can be forced to court also. Everything will be listed in the courts rules of civil procedure.
Thank you for the additional information. I'll be sure to resear
Thank you for the additional information. I'll be sure to research rules of civil procedure for my state/county.