Question

Since a summons was issued already, you are better off just responding to the court that you will be attending the hearing. In the meantime, compile as much information as you can that will benefit your case. You can send out validation letters, but once the court ball gets rolling, the creditor will most likely not deal with you, although you may try. The judge in the case will ask the plaintiff one last time if they would like to work it out with you before proceeding to a judgement seeking. Are the fees in the case even legal in New Jersey? Does the company hold proper licensing to operate in New Jersey?

Check out this link for more about HSBC: http://www.debtconsolidationcare.com/collection-agencies/about18917.html

Thanks for the quick answer!! LVNV retained new jersey attorneys, which is why they were able to sue in NJ. LVNV is using their North Carolina office.

I have never received any correspondence from LVNV - as I said, I am able to pay, but am afraid to work with them because I read they can be nasty.

If you have not received any correspondnce, be sure to make a mention of that to the judge. I understand they are using NJ lawyers, but is the company themselves licensed to collect in New Jersey. If they are not, then they can be fined thousands of dollars, and you could be entitled to damages under federal laws.

Hmmm, as I look over the summons, I don't even see a court date, just that I have 35 days (including weekends) to answer.

The summons has a stand that it was recevied/filed 2007 13 Sept in the court, but there is no more info besides LVNV's name and the attorney's name and phone#

I have a docket #, but no one is answering the phones at the NJ courthouse and there is no online access.

How is South Plainfield today? Call the attorney and request all relevant material, because you have the right to see all evidence against you prior to court. You will most likely need to go in to court to see the clerk, and then they should give you a date or soon after.

You would have to respond to the summons and request a hearing. Most courts make you pay between $50 and $100 for a hearing.

But - If you don't respond they will get a default judgement against you. So it's best to request a hearing. If nothing it will give you another 6 to 8 weeks to figure out a game plan.

Thank you all for the great answers. I will be filing an answer, and perhaps I can get a settlement offer.

I too am in the same boat here in Jersey. Maybe we could compare notes offline? Also, how does one find out in they're licensed to collect in New Jersey? That would be a satisfying addition to my current counterclaim.

Theyre suing me too. Show up in court to see if they do, if they dont you win by default. If they do you can tell the judge that you will need an attorney and postpone it for a later date. I'm not a lawyer but thats my plan. Chances are the judge will grant this for you I have done it before. From information I have gathered on the internet they are scam artists. My case has already exceeded the SOL which in NJ is 6 years. I doubt they will show.

If your case is already past the SOL, don't tell the judge you are hiring a lawyer. Tell the judge it is past the SOL and take documents to prove so. The judge will throw the case out.

Include a request for discovery in your answer specifically, your signed contract with Household and proof that LVNV is licensed to collect the debt. Additionally, you will need to ask for an affidavit from the keeper of records having knowledge of your accounts and to attest under penalty of perjury that their knowledge is true and correct. Since LVNV has no accounts that are open like HSBC does, they can not proceed legally. HSBC can not provide the affidavit since it would then be considered hearsay.

Your case is guaranteed to get tossed out of court in a heartbeat.