LV&V letter of settlement is this right
I got a call from somebody (a blocked number) telling me that they were trying to serve me papers, verifying if i was going to be at my house (he never confirmed my address), me not knowing anything about this procceded to ask the person about such case, to which he responded i needed to call a number and give them my case number (which he gave me) to inquire about it.
I call the number which turns out to be LV&V associates, gave the case number given and procedded to tell me that they were on the way to serve me papers, that i owed a balanced on a credit card and that if i didnt pay off they were going to proceed to judgement and that would mean to garnish my paycheck, is this legal?
I then told him to send me the letter with the amount and information on where i should deposit, I just got the letter.
The payment is for a credit card that was opened in 2006, was last active in 2007 (stopped making payments) and it was closed by the CC company 03/08 (i checked all this info on my credit report) the balanced when it was closed was $392 (as specified on credit report) . The settlement they are offering is $1116 (not much of a settlement).
I do want and have all the intention of cleaning my credit, i just want to make sure that by responding to this LV&V people is the best way to go about it, it did get kind of scared when they mention wage garnishment, and the fact that they have filed sued or about to (is there anyway i can check this?) are this just scare tactics? should i contact the original CC company and settle with them? or how should i respond to this settlement, or do i just go ahead and pay?
Any help will be much appreciate it.
Thank you,
tmnrod
It is LVNV....
It is LVNV....
What state do you live in??? Have you checked the online court dockets to see if in fact they have filed?
FYI...process servers do NOT call in advance.
one more question
thanks for the correction. I live in TX, how can i check the online court dockets? The person that i spoke to on the phone he said that if i paid by the due date (tomorrow 4/10) it would not go to court. I do want to clear my account, but if i can do it by not paying the $1100 that they want and paying something closer to the actual amount owed $350 dlls, it would be much better.
thanks,
Wow!!!
If you haven't made any payments since 2006 it appears that they are stepping WAY beyond the law. Texas has a 4 year stats. Meaning that after 4 years they typically can't sue you.
The law states that they can't make threats that they can't take, so they're going way off the deep-end on this one.
If you pay the account you will renew stats. Personally, there is no way I would make a payment on that account, regardless of their threats. Because they appear to be hollow.
If I were you, I would call a local attorney immediately. One that specializes in FDCPA defense. They should take a case like this with no up-front costs.
I would refrain from calling the collectors back until you speak with the attorney, so you can properly strategize how to prove these actions.
Let us know what happens. They should pay big time for BS like this!
