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

Evenin' Mickey -

You might ought to say what state you're in. Laws vary, sometimes quite a bit.

Next question... If you haven't been served, how did you know you were being sued? The camera sounds like a good idea. Does it record to durable media like tape or disc with a time/date stamp? If so, I'd start saving those recordings on a weekly cycle or thereabouts. Might be handy if they falsely claim service to prove they weren't there when they said.

UncleWolf

The CA that attempted to sue me actually called me, after the papers had supposedly been served, to try getting me to settle up with them before court (extortion?). I advised I had never received any papers, and he advised me I should have. I went on my county's clerk of the court website, did a search under my name, and "Shazam" there was all the court date information, plus a comment from the process server that the papers had been handed back to them. They sure didn't come by my house as I was home all day, every day, seeing as how I was unemployed, had medical problems, and had nowhere to go.

So I contacted my local legal aide office and they got involved. Magically, a few days later, another process server showed up at my house to serve me those papers. This was not someone from local law enforcement, it was some young girl in jeans and a t-shirt; obviously a contractor. I'm pretty sure half of the papers served by contractors never make it to their intended victims, like mine. They probably can't find the house, or worse, don't even try, and mark it down they either served the papers or the papers were handed back to the server. Lazy and dangerous since this is a person's life they are screwing around with. There should be some sort of legal recourse for people that have been the victim of this type of nonsense.

Thanks Ron and Unc!! First, I would never say that I was sending someone after them- I am extra carefull what I say to them-even take notes as we speak.Next, I will never see a penny of what we stupidly paid :roll: But I have learned alot about how to handle CA from them :lol:

When they say I was debt educated I tell them it's about time, and I was going to help others get that way! They always tell me they know where I get me info- and it's wrong :lol:

As to servers- We were served on a car wreck once- the stupid server apparently therw the summons on the porch while we were gone- I found it the next day in the yard in a mud hole :shock:

Bossy4455

You proved my point. There should be some way to go back to that server and legally penalize them for the way they served, or in this case didn't serve, those papers. You were lucky you found the papers otherwise the CA would have gotten a default judgement. Shameful.

I was just kidding about telling them you were going to send someone after them as some CA's feel perfectly justified in telling debtors that. I'm sure you wouldn't want to stoop to their illegal tactics.

I'm with you on helping others get "debt educated"! I wish more people were. I'm just amazed at some of the posts I read here from people that are absolutely terrified when a CA tells them they're going to jail over a debt. Even before I came to this forum, and started learning more about the fdcpa, I relized that couldn't happen. As I've said before, I just want to help keep other people from being victimized by shady CA's the way I was.

[quote=UnemployedRon]UncleWolf

The CA that attempted to sue me actually called me, after the papers had supposedly been served, to try getting me to settle up with them before court (extortion?).[/quote]

Nah. Pre-trial settlement attempt. Legal, up to a point.

[quote=UnemployedRon]I advised I had never received any papers, and he advised me I should have. I went on my county's clerk of the court website, did a search under my name, and "Shazam" there was all the court date information, plus a comment from the process server that the papers had been handed back to them. They sure didn't come by my house as I was home all day, every day, seeing as how I was unemployed, had medical problems, and had nowhere to go.[/quote]

As far as I know, the server has to tell the court the disposition of the service... Whether someone accepted the papers, shot at them, or whatever. Most places, the server has to attest to their statement "under penalty of perjury". Problem is, lots of places that's pretty much a toothless threat unless it's a big or celebrated case, or you can get a mean attorney on it. LE just doesn't want to hear it. It takes up their resources, don't ya know. I found that out in the course of my last divorce.

[quote=UnemployedRon]So I contacted my local legal aide office and they got involved. Magically, a few days later, another process server showed up at my house to serve me those papers.[/quote]

Imagine that.......

[quote=UnemployedRon]This was not someone from local law enforcement, it was some young girl in jeans and a t-shirt; obviously a contractor. I'm pretty sure half of the papers served by contractors never make it to their intended victims, like mine. They probably can't find the house, or worse, don't even try, and mark it down they either served the papers or the papers were handed back to the server. Lazy and dangerous since this is a person's life they are screwing around with. There should be some sort of legal recourse for people that have been the victim of this type of nonsense.[/quote]

The chick in question was probably working either on piece rate or for some minimal compensation. She could care less if you actually got good service, as long as she gets paid. Assuming one could actually prove they never tried to effect proper service, I wonder if the server could be held civilly liable separately from the CA?

Now there's a pleasant thought........

[quote=Bossy4455]Thanks Ron and Unc!! First, I would never say that I was sending someone after them- I am extra carefull what I say to them-even take notes as we speak.[/quote]

That's pretty much the point I was making earlier. Never say anything to them that you wouldn't be proud to own up to in court later. Actions that are at least arguably 'normal' in your specific circumstances and just coincidentally happen to make them feel uneasy are a whole 'nother matter, though.

Way back in the day, when I was younger and much less concerned with consequences [and still active in the Club], I got a call from a CA at work. They were pretty much carrying on loudly and makin' stuff up, so I hung up on'em. They called back and yelled at my boss, who was not amused in the least. In the process of all that, they demanded that he direct me to go directly to their offices as soon as I left work. He handed the phone to me...

They then screamed at me some more, and demanded that I 'come right down and see them' when I got off for lunch. Not thinking [I did lots of that back then], I told'em I had to go someplace with a couple of my brothers at lunchtime. The were most insistent that I come directly to their offices before I did anything else. I didn't want to hurt their feelings, so I agreed.

About lunch time, two of the brothers and I rolled up in front of their offices, which were in a strip-mall type of place. On bikes. Loud bikes that get noticed. Wearing Club colors. When we went in and I asked what was so important that they had to be disrespectful over the phone, they fell all over themselves telling me what a big misunderstanding it all was. Right, sure it was. They were probably thinking we were gonna start taking the place [and them] apart, but none of us ever said a threatening word or gave'em a mean look, so there wasn't squat they could do. I never heard from that outfit again after that. Wonder why...

Hello, I just got off the phone with Leading Edge Recovery Soluations for the collection of my Sears Account that was bought out by LVNV. For the payment of close to a $1,000.00 I spoke to the credit manager for the second time. The first time he kept on asking for my employer information and I wouldn't give it to him, but I told him that I wanted to make a payment now and then pay them off with my income taxes in February. All he would do is agrue with me about getting my employment information and then he stated fine I will pass on the LVNV that I am not working with him and to start the process. I am not sure what is going to happen now. But I am willing to work with him on paying it in full. Will LVNV sue me for the amount due?

Pamela

These people are real jerks, at least the collector I delt with. Please do some research into the fdcpa laws. I was called more than once a day. That is against the law!

[quote=Paminu]Hello, I just got off the phone with Leading Edge Recovery Soluations for the collection of my Sears Account that was bought out by LVNV. For the payment of close to a $1,000.00 I spoke to the credit manager for the second time. The first time he kept on asking for my employer information and I wouldn't give it to him, but I told him that I wanted to make a payment now and then pay them off with my income taxes in February. All he would do is agrue with me about getting my employment information and then he stated fine I will pass on the LVNV that I am not working with him and to start the process. I am not sure what is going to happen now. But I am willing to work with him on paying it in full. Will LVNV sue me for the amount due?

Pamela[/quote]


Hi Pamela -

Have they sent you anything in writing? By law, they are required to send you a dunning letter with the specifics of the alleged debt within five days of the initial contact. In your place, I'd be concerned as to whether or not they have the authority to collect on this debt. If they don't give you specifics to your satisfaction, send them a debt validation letter. Samples are available in the do-it-yourself section of this sitte. Send it certified mail, return reciept requested. They will have to sign for it, and you keep the little green card that proves they did. Once they recieve that letter, they have thirty days to properly validate the debt. During that time, they cannot continue collections activity, including suit.

I wouldn't admit that you have a tax refund coming. That just gives them a prize to shoot for. And don't give them any information about your employer, unless you really want to be harrassed at work. I won't give a collection agency any information about me at all. Let'em dig for it.

Be sure with LVNV, you keep copies of everything. In dealing with them and their many agencies over almost 2 years, I found it will be to your advantage when you can call them on their cr$$.

Don't look for them to validate or at least fully validate. They try to get by that by sending a piece of paper they generated saying who the debt was from and now they have it and you owe xxx dollars.

They will use all sorts of terms to scare you into paying, even if you don't know if they have the debt or not. So far I have sent about 6 DV letters to their many companies-when they pass it to another company--DV them. Please be sure they even have and can prove they have your debt. There are others who have posted before that they never even had a Sears, etc., and they are trying to collect.

If you find they do have your debt, and are legally able to collect, and you want to pay them-- be sure you get something in writing before you pay them saying that this will be paid in full.

I don't know what state you are in, but unless you are in Texas, or I believe, Florida, they have until the cows come home to validate-and that's usually when they do!!

Good Luck to you--if I can help--please let me know..KAren

BTW- |Don't give them your employer info--or any bank info!!

[quote=Bossy4455]BTW- |Don't give them your employer info--or any bank info!![/quote]

Very good advice, Karen, but let me elaborate a bit for the less-experienced, if I may...

No employer information:
If they're calling you at work, send them a Cease And Desist letter immediately so they're only allowed to contact you through the mail! No phone, no cell, no email. Don't tell them where you work. Don't even admit that you work. If they ask, just tell them you ain't answering.

No bank information:
No means no. Don't give these scum your routing/account numbers. Not unless your bank account is a little dusty and you want them to clean it out for ya. Don't tell them the name of your bank. Don't even admit that you have a bank. Am I being sufficiently clear on this point? Don't send them a check [it has your routing/account numbers on it, that's why]. And especially, don't authorize an automatic debit to your account, check-by-phone, or anything like that.

[quote=Bossy4455]BTW- |Don't give them your employer info--or any bank info!![/quote]

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This was a little too long to post intact, so I broke it into two parts...
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"But what if I owe the debt, and want to pay it?"

Fine, pay it. But not without protecting yourself. That means you don't send'em dime one without full, reasonable validation. Just because you owe Sears [for example] ten bucks does not mean that this collection agency has the legal authority to collect it.

"They said they'd mark it Paid in Full if I send them half..."

Did they validate the debt as required under the law? If not, how do you even know you're paying the right people? They've offered you a deal? Splendid! Get it in writing, on paper, or it's not a deal. Memories of telephone conversations fade with time. Some collectors might even [gasp!] lie and say they never said any such thing. Handwritten notes are better, but still open to interpretation. Taping calls works, but it's not legal in all states. Tapes can also get shredded in your player occasionally. Email is *maybe* OK, but it's volatile. If your hard drive dies, so does your proof. Email is also very easy to forge.

"Gosh, Wulf! Aren't you paranoid?"

Yes. Next question.....

"All that seems like a lot of hassle. I just want to pay this debt and forget about it."

Oh, why didn't you say so? You can take care of that at your local branch of Wulf's Bank. Look for a leather-clad, bearded man on a motorcycle parked down the street from your home or office. He'll be happy to take your payment. Small, untraceable bills preferred.



Seriously, folks. Protect yourself when dealing with collectors. Avoid becomming a victim.

Uncle - Im diggin your style and your vast knowledge. Educate away my friend - the more knowledge we have; the better.

I do what I can. It's little enough. And I use whatever tool works to do the job.

Yes, I too was reviewing my credit report and noticed that the company is on my report twice for over 7000.00 and I an unaware why. I will ahve to call and inquire tomorrow. I hope to get a logical explanation

I had the same problem. David, thank you for the sample letter.

I made alot of mistakes early in my adult life and have a poor credit score to show for it. I recently got my credit report now that I am doing alot better for myself and I have 5-6 outstanding debts shown from lvnv and other companies like them. What would be the best way for me to go about getting all the junk off my credit report. Most of the bad debt stems from 2001 - 2003. Creditors call my all the time..how do I know they are ligit and are not just some id thief trying to gain my credit card numbers and vital info???

In the first link in my signature is a template for a debt validation letter. Send it to them certified mail, return receipt requested. Also include (if it's not already) for them to not contact you by phone and to only contact you via mail. Once they receive the letter they must cease all collection activity until they can produce said validation.

HI, I'm Rick , I recieved a court date of 1-15-08. Can I do anything to resolve this matter before then. contact me at

Phone number removed.Cajunbulldog

Mr. Grooms, I believe you have the wrong entity. If you are trying to contact LVNV Funding then you will need to call them (as we are in no way affiliated with that entity)
Their website is lvnvfunding.com
You can get contact information from there.

I have a court date tomorrow with these people. What should I do, today, tonight beforer tomorrow?

I take it you haven't got an attorney, or we wouldn't be having this conversation...

Have you demanded validation of the debt you're being sued for? If not, make sure you ask for it in discovery. You're entitled to that before paying. If they can't produce it you can ask the judge to dismiss the case with prejudice, meaning that they can't sue again over the same debt. From what I understand, LVNV usually cannot produce validation. Good luck to you, let us know what happens.

If they produce one of the Sue Argentieri or Allison B. Moon affidavits be sure that it is objected to as hearsay. Unless taken as deposition affidavits are worthless if the person is not there to testify to it. (Only if you object does that come to light though)

Is there any regulations on how many times your debt can be re sold to another collection company if prior agencies efforts have failed to settle the debt?

Hvn_sent, where LVNV Funding is concerned it probably hasn't been resold, they have a habit of just farming it out to other CAs which they use as cannon fodder. If you send them a DV letter or they get in trouble then they just pull it back and reassign it to another agency. They do this also hoping that you will eventually cave in and just pay it.

My debt with LVNV funding started with them obtaining it and not doing anything with it until I called them in early 2007 requesting validation with an interest in paying it once they provide me with validation. They can't validate it so they farm it out to allied interstate. I DV Allied Interstate and so they pull it back and assign it with Weltman Weinberg, and Reis. I inform them that I had requested validation and that they also don't have any attorneys licensed to practice law in my state so they cannot legally contact me anyway. LVNV pulls it back and assigns it with Northstar Group (a collection agency that refers to themselves as a "third party location that is there to establish relations with debtors and creditors" and they state they are not a CA when in fact they are)

Needless to say they send me a letter stating they are attempting to validate and it may take some time, which means LVNV pulls it from Northstar and assigns it to Frederick J Hanna and Associates who I requested validation from (again!) and informed them they don't have any attorneys licensed to practice law in my state.

I originally contacted them requesting validation so I could review it and if everything is on the level I was going to request a written agreement to be faxed or mailed to me signed by a corporate officer to get a iron clad agreement, then I was going to pay it in full (no deals just full payment) that is what I wanted to do from the start. But they proceed to play these shell games with me in which I sent them an email stating this:

Re: Acct Ref. # -redacted-

I have already requested validation of this account through Weltman Weinberg and Reis, through LVNV funding previously, through Northstar group, and now through Hannah and associates.

Continue to play these shell games with me and I will have no recourse to file complaints with the Federal Trade Commission, the Attorney General's offices of the respected states in which each of these agencies are located in as well as state/county Bar Associations where applicable. In addition I have also noted several purposely misreported entries on my credit report. I have full intent to pursue civil suit for each of these if you continue these blatant violations of state and federal law.

Nice ! Please post their response !! If I receive the same notices as you - mind if I use the outline above?>

Also it is thought (not sure if it has been confirmed) that many of the agencies that they farm account out to (as well as LVNV's other DBAs) are all shell/shadow companies of Wolpoff and Abramson.

Not at all.

Just DV LVNV Funding and that should cover you. Each time they farm it out, that's a fdcpa violation.

to whom it may concern:
My name is Gracie Barnard(formally Pittman). On my credit report it is showing you are owed 217.00. My husband and I are trying to pay off debt to get our credit score up and not sure why or which one of us owe you. My husbands name is Matthew James Barnard and my full or name was Gracie Evelyn Wise Pittman Barnard. The address on the credit report is Houston, TX. Can you help me?
Thank You Gracie Barnard

Mrs. Barnard, we are not LVNV Funding LLC. We are a forum of consumer advocates that help people deal with various issues (this forum is for dealing with collection agencies) if you wish to contact them use their website address lvnv.com that will take you to the site of their parent company which you will be able to get more information on.

I would strongly advise sending them a validation letter (you can find a good template for one via the first link in my signature) also do not pay anything unless you get the agreement in writting first. Also do not disclose personal account information to them, use something like a money order.

Lastly, when you send the debt validation letter to them send it certified mail, return receipt requested.

they are also on my credit report, has 2 different sets of account numbers and does not have any dates on it at all. my condition on the account is derogaory. shows no payment history. i had a sears credit card years ago, but it was paid off.

I would suggest that you dispute it with the credit reporting agencies. Get whatever supporting documents you can to prove that it's been paid in full and use that to get it removed. (You can probably get a PIF letter from sears) Also send LVNV a letter to stop contacting you in any form, you've already paid off the account. If you wish you could send a copy of the PIF letter to LVNV as well.

LVNV Funding showed up on my credit report for $296. I disputed the claim and I was able to have it removed off my credit report.

I noticed on my credit report that there is a compnay called LVNV Funding LLC for $232. The original debt when back to 2004 for 564. I paid the debt after I received a settlement letter in the mail in 2005. I wrote a settlement in full check for 232.88 in July 2005. It seems like they cashed the check but did not honor the settlement in full. What can I do about this? I believe on last year I asked them to delete this from my credit report and they didnot.

Hello, I noticed on my credit report that there is a compnay called LVNV Funding LLC for $232. The original debt when back to 2004 for 564. I paid the debt after I received a settlement letter in the mail in 2005. I wrote a settlement in full check for 232.88 in July 2005. It seems like they cashed the check but did not honor the settlement in full. What can I do about this?

font=Georgia][/font][color=Red][/color][size=6][/size][size=3][/size] :evil:
There are several addresses for this company. I have one that list on my credit report as the following
P. O. Box 10497 Greenville,SC 29603-0584 and the phone number is 1.866.464.1183. After I had noticed this listed on the report I phoned them and was asked if I had a credit card iwth that number and I responed no to the woman on the other end. I was told to send in a dispute to the company;so far nothing has been done about it. The original creditor for this account was named 12 COMPUCREDIT in which I had never heard of this company nor dealt with themat all. As a referrence to all I do keep all the credit cards I have gotten in a safe place so if something just as this was to occur I have something to fall back on and check my records. I do believe that they are just going through people credit reports and pulling names and placing credit that is bogus under your report. Anyway much thanks to David for his insight on the letter to be sent to LVNV I'm hoping this will work out a lot better then what I did at first. AGAIN THANK YOU DAVID. 1/23/2008 :idea: