LVNV Funding LLC: What to do if you find them on your credit report

lvnv filed a judgement against me for credit debt. i looked on my credit report. lvnv iS NOT even on my credit report. can they even be suing me?

ok i looked more into things. it seems lvnv is suing me for money i had with a company. on my cp it says the account with this company is closed and the balance is 0%. now no where on my cr do i see lvnv. yet they are saying they are trying to collect the debt i have from the creditor whos account is closed. and has been since 2004. can lvnv do that?

Just make sure you file a Motion for Discovery. This is where they have to prove to the court that 1) it is your debt and 2) they are legally entitled to collect it.

the problem is they never served me papers for the summons filed aganstme. then they didn't serve me paperwork for the default judgement they had against me. i finally found out about all of this when i get a letter in the mail from the court saying they have a levy on my property and were going to come in ad take my property. i freaked of course because i had no idea on any of this.. i had no idea they were trying to collect on any debt. they never showed up on my credit report. i hope its not to late to fight these people.

Call your local civil court and ask them how to file a Motion to Vacate Judgement due to Improper Service or Improper Venue.

i will be doing that. i want to ask. .. the old company said it closed and transfered the account. if lvnv bought it, 5 years ago, it would be on my credit report right?

Wow! I would say that there is a good chance that it is beyond SOL, since they usually buy debts that are over 2 years old. You may wish to look into the actual default date of this debt because chances are it is now all behind you. If it isn't yet, it's likely pretty close....

Balance:
$0

Date Updated:
01/2004

High Balance:
[$an amount. its private]

Past Due:
$0

Terms:
$274 for 72 months

Pay Status:
>Repossession<

Account Type:
Installment Account

Responsibility:
Joint Account

Date Opened:
06/2001

Date Closed:
01/2004

-----------

this is my first time dealing with any of this...so i dont even know if this account is done and transfered, or what. but thats the debt lvnv is trying to say they bought. though they arent on my report.

thank you. by the way. none of the legal people i talked to in person,were of any help. it was hard to get anyone to understand this situation and this company. then i came here

I've been dealing with LVNV funding for awhile. I just filed a dispute on my credit report for their item and that of Chase (which appears to be the same bill that was sold to LVNV). I never had Chase, so I disputed it. LVNV claims it's from Providian. I just checked the status on the dispute and Chase removed it from my credit report. LVNV hasn't done anything. I suggest filing dispute on your credit report. Get them to prove it is your bill. If you've never heard of LVNV funding, then dispute it.

I was served papers by their local attorney. I called my attorney (Prepaid legal) who told me to send a Rule 21 motion to the attorney who filed it. A Rule 21 requires their attorney to notify me with a 10 day notice that they plan to file the complaint with the courts. I did that and requested any and all documents proving the bill was mine (discovery). It's been over 2 years and I haven't heard anything from them. I hope it stays that way.

Anyway, first you want to get that old judgment overturned STAT. But, actually, this makes no sense. If there was a judgment already, then what are they suing you for? If they say there is a judgment against you and there isn't, that is an FDCPA violation (if you have it documented as evidence you can sue them).

Is that 2004 date the real date of default? Of so, it is *not* past reporting SOL, but it may be passed your state SOL for suing. File a Motion for Discovery.

I believe they sued me first for not paying for this debt. (I had no idea they were even trying to collect on it. Since they are not showing up on my credit report and i didn't notice anything from them in my mail) If they use many different lawyers and addresses to try and collect on these old debts.. Its hard to recognize who they even are. I checked through my mail for well over a year and half ago and i didn't see anything from them addressed to me.

Since i never responded they filed for a suit or summons against me to i guess be able to get the judgement. I was never properly served papers for this.. (i found out later when i went to the court on Monday, they did this back in Feb 2009) So i lost in court because i never showed up (clearly i didn't even know) Then they got the judgement. Again.. I was never sent proper papers about that either. Either they are sending them to the wrong address or something... but i never got them. They got the judgement in May 2009. Now its Aug.. and on Saturday, i get a paper from the courts saying i have a Levy against my property and that they were going to come into my house and take any property i own. I ran down to the court out and filed a motion to object to the levy, i think that's what its called. But They weren't helpful. Neither was the legal aid people i talked to. They all looked at me like i was talking a different language and were like "They had to have served you to get this judgement."

I was sent home waiting for this lady to call me.. and while i was waiting, i did my own research and found you guys.. and also found out A LOT of info about the dirty things LVNV does to people to try and collect on old debts. Now.. .. if my old creditor sold the account to LVNV, i believe it should show up on my credit report. I have another company that collects for another small debt i owe, and they come up on there and its completely legal for them. If LVNV legally should be collecting on this other debt, i feel like the first sign of this is that it should be on my credit report.

Now im left to question if LVNV even went to court in the first place and got a judgement against me. The court papers look extremely fishy. Nothing on there showed me proof that its legal. The judges name is printed on there. Not written. The clerks signature is written out using what looks like a machine.. Or photo copied. The envelope i got these papers in, the address was written on there.. The the return address was one those address lable stickers for this legal court lady in my area. Yes.. she could of legally filed it.. But everyone in my family looked at this and said.. this looks completely fishy. So im starting to wonder if any of this is even really legal or not. Sadly.. i was very unprepared when i went to the court house on Monday. I was more then fully aware of who i am dealing with now.. and im going to make sure the judge really looks at the court papers that were sent to me. And then go to the clerk and depend they tell me all they can about and and all court dates pertaining to my case.. and how LNVN even served me papers.. I don't know.. im just.. like.. reaaaally mad and pulling my hair out cause no one here in my area was at all helpful.. .Thankfully you guys have all been really nice and extremely helpful with all of these things. Reading these treads really helps me understand the tactics this company uses against people.. and i feel i can now be catch up and soon be 1 step ahead of lvnv.

My States SOL is 6 years. Jan 1st will be 6 years for this debt. If they try anything again after Jan first.. im going to the courts and using that to see if i can then have that on my side as well to getting this company to stop.

Don't let a complacent court clerk get you down. Make them wake up and serve you. That is what they are *supposed* to be there for. The best of luck to you!

Again, file a Motion to Vacate Judgment due to Improper Service. Google your county court for the form and the filing procedure. If it's not on the county website, search for your state.

Oh, and thank you so much for your comments.

I have another question. Its not exactly on topic, but slightly. I checked one of my credit reports and it says the account is closed. But on my other one it says..
Account history: Repossession as of July 2006-March 2007, Jan 2001 - May 2006.

Date opened: 6-2001. Date Status: 04-2007. Reported since : 06-2001. Last reported date: 04 2007.

Does that mean that this company has been trying to collect on this debt up until 04 -2007? On my other CR is says it was closed on Jan 1 2004. So does that mean a CA got the account and then atempted to open it again to start collecting on it? Im really confused as to what those dates mean. I haven't touched this account since the car was taken. The OC never even got back to me to tell me how much more i owed on the debt after the car was sold. It was my first car, and as stupid as i was at the time.. i figured that taking back of the car was enough to end the entire thing.. and since i never heard back from anyone.. i really thought anything to do with this account was done with.

I never had a credit card.. So i never thought to check up on my credit reports.. Till now.

I guess what i want to know is.. What do all those recent dates mean? Like i said.. i haven't touched or was able to make payments for this account since 2003, and in 2004 they took the item... and i never heard from them again about it. So the account has been completely dead on my end ever since. I never got notice about still oweing money on it. Like i said..I knew nothing about credit and how it worked. My parents never taught me about it. They always ran and ignored their debts.. They never check their credit reports.. and so never showed me and taught me anything about it. (how i even got this loan in the first place is BEYOND me! )

Anywho.. i ask all this just so i have a better understanding about how old debts work, and how things are done. Since i do not trust lvnv, i want to make sure what they are doing is infact wrong.. or if they are legally aloud to be collecting on this debt and have been trying to do so since 2004. And instead of showing up on my credit report, they just re opened the account through citiauto again...

oh sorry. that was me.. forgot to put my name.

Well, debt does not just go away. Technically, they can attempt to collect on it as long as you are alive. However, they cannot sue you after your state SOL expires, and cannot report it on your credit report after 7 1/2 years from the date of default.

Dispute the entry with the credit bureau in question. You can do it online through [name].com

Haha trust me.. im aware of that now. At the time i figured that the company would inform me again about the amount still owed on this debt after it was sold.. Since i heard nothing about it for years, i figured they got enough money for the car to cover for the rest of the debt, and so the account was closed.

What i wonder is, if there is anyone out there who has delt with lvnv and it was all done legally. Lvnv was legal to be collecting on the debt.. and was able to prove they get the debt legally and proved it. Is there every a time when Lvnv actually was in the right against someone? Im having a hard time believe anything they do is correct.

Well, they *are* the 10th most sued collector in America. Then again, they are also a huge company so I'm sure that even though they occasionally get it wrong, they get it right most of the time (either that, if they do wrong, their wrong tactics work most of the time). They've been in business since 1998, and even though they have 600 complaints (all resolved, by the way) to the BBB, they have a B- Rating.

You *want* them to do wrong, actually. You can sue them for $1,000 plus possible court costs and attorney fees. I'd be documenting everything and *hoping* they did wrong, personally.

If they sue you, and you file a Motion for Discovery (a VERY important step debtors don't often do) and they still win, for all intents and purposes it is "right".

The hardest thing to fight is if it isn't your debt at all, and they just have a case of mistaken identity.

Does anyone know how people are served papers? I've read that a sheriff has to actually hand it to you in person. Or hand it to someone, in person. Then i read that it can just get send in regular mail.. and no one has to hand you anything.

That makes me scared because its very easy for me to stand up and say "I was not properly served" When i know no one came to my home and knocked on my door and handed me any legal notice. If that did happen, you bet your tush i would of rushed to court and done everything that i could do before they got this default judgement against me. I work from home.. So there is no way i missed someone coming to my house to serve me. If it was sent in the mail.. how can they prove i even got it? I used to work for the post office... I know how easy it is for letters to never make it to where they are supposed to go. They get damaged easily.. and often are sent to the wrong address if the address on the letter is even slightly wrong.

I almost always open all mail with my name on it.. However.. my room mate is known to throw out junk mail from time to time.. So i can say i most likely don't get every letter that is sent to me. If this is how legal documents are being sent to people, its the worst way to go about it. You can't be sure the person will even be getting the papers. To many things can happen between leaving your hands and ending up in mine.. that can cause me to never get something in the mail.

So if someone does have to actually hand me papers for this lawsuit, and now this default judgement.. Its safe to say i never got them. This one website says its i who has to prove i was not served these papers.

I am most scared of that. I ripped through my mail trying to see if i could find anything legal from the courts or this company.. and i couldn't find a thing. I guess i will find out more when i go to the court clerks office and ask what address they tried to serve me at. Can i ask how they served me? Does a court officer or sherriff have to be the one to serve me?

Again. Thank you so much for even answering any of these questions. I am sorry if it seems like i am asking to much. I have never delt with this before. I barely use credit, or have any loans. I always deal with everything through money or checks. I don't like credit or anything that even remotely might get me into debt.. So all of this is extremely scary to me. And no one here where i live has been at all helpful. They don't return phone calls.. Or they don't listen to me. I've been told by a couple legal people "i cant help you.." So its been a nightmare all week trying to figure things out.

So again, thank you so much for being soo helpful and even answering these questions.

You will have to swear under penalty of perjury that you never received nor were even informed about the existence of any summons until ___ [the date you found out], when you discovered it [how you found out]. Also state that *if* you knew about it you would have definitely appeared in court in your defense.

It's a real challenge because the process server files an affidavit with the court stating that you *were* served properly. As far as what you said about proper service, it depends on the state. Some states it's easier than others. I know of at least one state where they can just publish it in the local newspaper. That's why no one wants to touch it, it's a tough one to beat - it requires sheer luck, frankly.

Still, if you didn't know about the summons, then you didn't know about it and you should maintain that innocence strongly. Truth means truth. That's how these people sneak these judgements past people. There is even a class action lawsuit against a certain process server for doing just that on a regular basis. See this post.

you have no contract with a collection agency unless you make a payment to them.
You have no obligation to pay them anything and they cannot sue. They will threaten you with anything they can think of to badger you in to making that one payment.
Notify your credit bureaus that it is false as you own them nothing.

you are half right.even one payment unless agreed in writing means nothing to a bottomfeeder.however if a collection agency sees fit.they can return it to the OC and recommend a lawsuit.not all CA'S are bottomfeeders.just the ones that won't send anything,threaten arrest,and garnishment.the ones that do send something canfile suit as the now owners of the debt.we give people info in dealing with bottomfeeders,but to say ignore all collectors is asking for trouble.

Just to let you know, LVNV sold off many of their debts to Resurgant Capital Services. The phone # listed for LVNV at the top of the thread has a TYPO it's not 886 area code it's 866. When I called that # I got a machine that gave a new # of 800-365-7107. That's when I found ou they sold off their debts.

Resurgant Capital Services
PO Box 10587
Greenville, SC 29603
800-365-7107
877-264-5884 bankruptcy dept

LVNV Fnding is a bunch of crooks!!!!!!!!!!!!!!!!!!!!!!!

I just got served a citation from LVNV. They are suing me. Here's the deal tho - I got served today (Sept 17 2009), but the papers were filed June 19 2009. The reason I'm worried is that in Texas, the SOL is 4 years. Our last payment to Sears was May 15, 2005 which would mean the debt is old (post SOL as of May 16 2009) but.... the June payment we didn't pay was due June 23ish 2005. I wasn't freaked out at first but now I don't know if the SOL has run out! Well, I know it's run out *now* but ....

Any advice? Thank you!

Quote:

These people are like buzzards picking up on pieces of info of nothing more than a name and then going to the phone listings for sending their collection agency cohorts the right to frighten and intimidate. Be sure they have the right person before you consent to their legal b----l letters.

Re.: Finding addresses of collectors:

If you have a credit report in hand, then the address of the reporting collections agency, in this case LVNV Funding, will be listed right in the report under "Creditor Information."

Going into a forum like this and asking probably won't be helpful because the agency may be contacting you from a branch or office that's different from those listed here. You must contact the agency that reported the debt to the credit bureaus.

If you don't have a credit report, you're entitled to a one free report annually from each of the four major reporting bureau, ie., Equifax, Expiron, Fair Isaac, and TransUnion; or when you apply for, but are denied credit for whatever reason. That's the law.

lvnv is takin me to court after said debt was removed from my credit report can they still sue when this was removed ???

1. Resurgent Capital Services LP
15 South Main Street
Greenville, S.C. 29601
2. Resurgent Capital Services LP
15 South Main Street #401
Greenville, S.C. 29601
3. Resurgent Capital Services LP
15 South Main Street Suite 700
Greenville, S.C. 29601
4. LVNV Funding LLC
15 South Main Street
Greenville, S.C. 29601
5. LVNV Funding LLC
15 South Main Street Suite 700
Greenville, S.C. 29601
6. Alegis Group LP
15 South Main Street
Greenville, S.C. 29601
7. Alegis Group LP
15 South Main Street, Suite 401
Greenville, S.C. 29601
8. Alegis Group LP
15 South Main Street, Suite 700
Greenville, S.C. 29601
9. Sherman Acquisition LP
15 South Main Street,
Greenville, S.C. 29601
10. Sherman Acquisition LP
15 South Main Street, Suite 401
Greenville, S.C. 29601
11. Sherman Acquisition LP
15 South Main Street, Suite 700
Greenville, S.C. 29601
12. Sherman Originator LLC
15 South Main Street Suite 401
Greenville, S. C. 29601
13. Sherman Originator LLC
15 South Main Street
Greenville, S. C. 29601
14. Sherman Acquisition
15 South Main Street
Greenville, S.C. 29601
Sherman Acquisition
Eliot Kite Sr. Director of Servicing Control
Michael Keaton Sr. Vice President
Algeis group, LP
Frank Smith Director of Legal Services
Resurgent Capital Services
Brice K. Smith A.V.P./ Senior Director
Michael A. Keaton Sr. Vice President
Frank Smith
Steven Horne
Tom Force employee unknown title
Tracy Hall employee unknown title
Tara Trantham Authorized Signatory July, 24,2007
Eliot Kite
David Richard Sr. Manager
Alegis Loan Services LLC 15 South Main Street Suite #401
Frank Smith AS attorney in Fact for Empire Funding Corp
Steven R. Horne Managing Director
Frank E. Smith Legal manager
Sheryl A. Emerson Legal manager
Alegis Group LP
Steven Horne Sr. Vice President
Michael Keaton Sr. Vice President
T Richard Hornaday Vice President
Frank Smith Legal Manager
Eliot Kite Senior Director
Brice Smith Senior Director
???
???
Citifinancial Services INC.
Michael Keaton Sr. Vice President Alegis Group as Attorney in Fact
Luke Unstetter Senior Manager
CitiFinancial 11436 Cronhill Drive, Owings Mills, MD 21117
Michael Keaton Vice President
LVNV Funding LLC
Kevin Branigan President
Sherman Acquisition LP
Kevin Branigan Authorized Representative
Steven Horne Executive Vice President Sr. Vice President
Scott Silver Authorized Representative
Frank Smith Attorney on Fact Legal Services Manager
Sherman Originator LLC
Laura M. Shaible Authorized Signatory
Steven Horne Sr. Vice President
Capital One FSB 1680 Capital One Drive, McLean, VA 22102
Frank Smith Attorney in Fact
Larry A. Klane President
PYOD LLC
Kevin Branigan President
???
???
Anson Street LLC
Kevin Branigan Authorized Signatory
Kevin Branigan President
Sherman Financial Group LLC
Scott Silver
Credit One Financial Services
Kevin Branigan Authorized Representative

I have the documentation from court records to back up my information. If you have been suied before 1/16/2007 and had a fffidavit by anyone other than Frank Smith, Brice Smith Michael Keaton or Steven Horne I can provide proof that Affidavit is false.

Well, we just found out there is a judgment in my husbands name from LVNV LLC. We found it because we are trying to re fi a loan from 30 year to 15 yr mortgage.
It turns out it is his son's judgement, almost the same name, he' J D Cochran. You'd think they would check the borth date and SS number before they just willy nilly ASSUME they got the right person. This is not the first time either, at least 3 or 4 times a year we get collection calls for his debt. Frankly, I want to turn hi, in, but my husband wont do it

I have a debt that was "Charged Off as a Bad Debt" during my BK. Then LVNV FUNDING LLC purchased the debt after it was charged off and now they are trying to collect. They have even added this debt again to my credit report making it look like I have 2 bad debts although they are the same. Can LVNV FUNDING LLC legally purchase the debt once it's been charged off in a BK?

no they can't.if they purchased a debt listed in a BK petition that's too bad for them.notify your BK attorney,and the trustee.also the creditor that sold the debt is in trouble too.for knowingly selling a debt that is part of a BK petition.you might be able to get some$$$$ out of LVNV,and the creditor.

Thank you for your message. I have contacted my BK attorney and he basically seemed to not care too much. My BK was over 2 years ago and he's done with me (that's the feeling I get). With that said, I would love to pursue this and get somebody into trouble! I bet I would have to hire an attorney. Maybe contacting the Trustee, like you said, would be a step in the right direction. ??

yes contact the trustee.they can help you get any action started.

Thank you! I will contact the Trustee on Monday.

cool, try to enjoy the weekend my friend.

I have . I just paid them off, Bank of America uses them to collect debt.

I received a summon letter but I told them its not mine and they left it at my door. Is it legal for them to just leave it there? What can I do to clear this? Can I take this letter to the courts and show them that its not mine.

The very first thing you do, is you call the court tomorrow when they open, and determine whether that's a real summons or a fake one. When you know that, we can plan what to do next. Meanwhile, what are the slime after? Is this really not your account? Wouldn't surprise me, BTW.

[QUOTE=unclewulf;488898]The very first thing you do, is you call the court tomorrow when they open, and determine whether that's a real summons or a fake one. When you know that, we can plan what to do next. Meanwhile, what are the slime after? Is this really not your account? Wouldn't surprise me, BTW.[/QUOTE]

Well its looks like it might be for my son who has almost the same name as me. But he no longer lives here and has not lived here since 1996. The summon is a suing for some credit card debt by LVNV. When I tried to tell the person serving the summon that it wasn't me and showed him the name on the drivers license does not match the summon he just said that its close enuff and left the summon on front of my door and left my property. So I was not sure if this is legal or not for them to just leave it there like that. I will call the court to verify if it is a real summon tomorrow. Is there a way for me to get this dismissed? Should I contact the attorney on the summon to let them know that this is not me and I have never had a credit card from the company mentioned on the summon. Thank you for all your help. Just need to know what I need to do.

This is a crap ass company. They hire shady lawyers that lie and commit fraud. Verify the debit and make sure it is not in someone else name as happened with me. I had a very hard time getting it straight and ended up taking them and their lawyers to court. They are a bunch of shysters.

To Whom It May Concern:

Please know I have no responsibility for any outstanding debts/collections you may be trying to secure.

My ex wife ***** *********** is 100% responsible as part of divorce settlement and which was the basis for she and I getting divorced.

I can be reached at *** *** **** should you need additional information as I do not want my financial reputation further damaged by Donna Marincovich ex wife

Sincerely;

**** ***********


Personal information removed, for your protection. - Uncle Wulf

Mike...this isn't LVNV and it wouldn't matter if the debts are hers per the divorce decree. The decree isn't binding on the creditor, only you and your ex-wife.

I just checked my cr and see that Lvnv Funding Llc. is on their but their is no dat or what its their for so i just sent a dispute letter out to find out what it is.

Exactly, What everyone needs to do when dealing with LVNV Funding is to send a DV letter to both them and Resurgent capital services. Once they get the DV letter the account needs to be marked as disputed and no further collection can be taken until it is validated. If say, a month down the road you have either the same or a different company such as RPM D/B/A Receivables Performance Management try to collect on this account, you can then go right to the source, LVNV Funding and slap them with a lawsuit.

It is continued collection activity after a DV is sent when the main source farms it out. The account has to be marked as disputed, no questions asked. You can also include the company in the lawsuit who it was farmed out to if they try to collect on it just in case they know it is disputed and are ignoring it.

My partnet JUST received a "letter" from Peter D. Grubea about LVNV and $5,250.00. It states "according to documents filed at local court offices, a collection lawsuit has recently been commenced against you by LVNV Funding for the amount.... This lawsuit may result in the entry of a judgement against you, the garnishment of your wages, restraint of your bank accounts, and seizure of personal property." Then it states, "If you are experience debt problems, out office would like to help you."

This is very confusing because my partner has not received ANYTHING about needing to attend a hearing, etc. Then this "letter" goes on to talk about bankruptcy and the price of their "legal fees", which range from $595-995, with most cases costing $750. This sounds like a scam to me, but I am not sure about it. They even state "If you are being sued by creditors, bankruptcy should always be the first option you consider". WTF? Wouldn't that be the LAST option to consider? They even "enclosed" a brochure. It also does state that "if you have already resolved this situation, retained another law firm, or received this letter in error, please ignore it." What should we do about this? Thanks.

AU

check with your court clerk to make sure this is legit.if a suit was filed they will have it on record.if not get a DV letter out.send it certified mail return receipt.if it is legit answer with your court clerk nobody else.lvnv is a bottomfeeding bad collector.never trust them at all.