about LVNV and settlement letter

well, you are correct in that their petition would have to be filed with the court before they could issue a summons against you. So, one of two things is in play with this--

1--they are trying to serve you bogus papers, or they are not trying to serve you at all, but are rather trying to scare you into taking the settlement. Do NOT fall for that.

2--they could have sued you in a different county, which is easily handled by responding in that county with a motion to dismiss due to improper venue. If you find that this is the case, that they sued you somewhere else, I would actually file a motion to dismiss with prejudice and state two reasons--improper venue and expiration of statute of limitations.

The debt charged off in feb 2007 means you ARE out of SOL!! It has been six and half years if you figure it was probably 6 month prior to that date that you went deliquent!! Send them a cease and desist letter telling them the debt is time barred and out of SOL!!!

heres where this is looking more weirder. i checked that county clerk website and the only thing i found was an old case that i fended off from asset acceptance. could it be that theyre trying to serve me bogus papers? i was under the impression that the document was filed before being served..unless im missing something

ill follow your advice. on a side note . i found out that someone was really trying to serve me with court papers at my house. big pile of headache..

Have you looked up the court records as to who might be filed against you?? If it is LVNV, your response to the court would be that the debt is out of SOL and is time barred.

Balance: $8,807.67
This letter is to confirm and serve as an official notification that our firm is authorized to accept the sum of $1,321.00 as a compromise settlement in full on the above referenced claim/s. To complete this agreement, your payment/s must post to your account by the following due date/s below.
PAYMENTS DUE DATE
$1,321.00 03/29/2013
Upon conclusion of the settlement, we will notify the credit reporting agencies that the account is paid in full. However, if the settlement amount is not received as described above L.V & V Associates reserves the rights and remedies to nullify any settlement arrangement and demand of the full amount of your obligation if you do not accept the above offer and meet its conditions.
This is a one-time offer and is non negotiable. If you have any questions, please feel free to call me at 888-984-5730.
Sincerely,
Frank Lucas
Director of Operations
Cardholder Name _________________________________________________
Account Card Number _____________________________________________
Expiration Date ____________
CVV2 (3 digit number on back of Visa/MC, 4 digits on front of AMEX) ______
SIGNATURE DATE
I authorize the above named business to electronically debit my account indicated in this authorization form according to the terms outlined above. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form.
L..V
& V
ASSOCIIATES

the original amount of this debt was a debt charged off in 2007 of february.. im in ny. from what i understand the SOL in ny is 6 years. so can they actually sue me for this. last they told me they were trying to serve me court papers. but i did a search on the ny county clerk website and theres nothing filed against me.

Are you looking at cleaning up your credit to increase credit score or is not paying and leaving your credit as is and dodging all the calls more important? See it depends on what your goal is. I got the call and looked art all this but found that there is no other way around it if you are trying to clean your credit so maybe my situation is different but I'm tired of getting declined for new credit. Tam