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LVNV, local atorney, lawsuit & answer. Now I need help.



Sub: LVNV, local atorney, lawsuit & answer. Now I need help.
Thu, 19/06/2008 14:15

LVNV Funding has (apparently) acquired my old Sears balance. LVNV has (apparently) retained an Alabama attorney. I never answered any of their letters. The attorney has filed a lawsuit against me. I filed my answer with the district clerk on April 14 and mailed a copy of my answer to the attorney on the same day. I have received notice of a July 27 court date. In my answer, I listed several defenses, including statute of limitations. I also demanded verification of the debt. To this date (May 20), I have not received any verification information. Should I have received information within 30 days? Should I have sent my answer Certified Mail - Return Receipt Requested? Should I demand verification from LVNV? Any suggestions for my next move? Thanks in advance for your help!



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Sub: #1 Me 2Thu, 06/19/2008 - 14:15



I have an almost identical case in Arkansas. I'd be interested in seeing what responses you get.

Keep the faith!
Chiro


mdhd1999
mdhd1999
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Sub: #2 LVNV, local atorney, lawsuit & answer. Now I need help.Fri, 05/23/2008 - 13:02



bump


mdhd1999
mdhd1999
Posts: 3
Credits: 141 Send message to mdhd1999

Sub: #3 LVNV, local atoorney, lawsuit & answer. Now I need help.Wed, 05/21/2008 - 18:54



For educational purposes...Here is my answer to summons, along with the individual complaints from the summons:

IN THE DISTRICT COURT OF xxxxxxx COUNTY, ALABAMA
Plaintiff: LVNV Funding, LLC As Assignee of Sears
Address: 15 S Main St. Suite 500
Greenville SC 29601
Attorney: Nathan & Nathan, P.C.
Address: 2215 1st Avenue South
Birmingham, AL 35233
(205) 323-5400

Defendant: xxx xxx xxx
Address: xxxx xxxxx

DEFENDANT, appearing pro se, answers the complaints of Plaintiff and, in responses to each numbered count thereof, states:

Count 1. (Attorney claims that the defendant owes the plaintiff the sum of $4,371.07 because: CONTRACT, ACCOUNT STATED, plus $30.77 for interest plus $655.56 for lawyers fees (only if plaintiff is represented by a licensed practicing attorney and if the contract you signed so provides), less remittitur for any payments made and with waiver of exemptions, if the contract you signed so provides.)

Answer to Count 1. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies, generally and specifically, each and every allegation contained herein and demands strict proof.

Count 2. (Attorney claims that the defendant owes the plaintiff the sum of $4,371.07 because: OPEN ACCOUNT, plus $30.77 for interest plus $655.56 for lawyers fees (only if plaintiff is represented by a licensed practicing attorney and if the contract you signed so provides), less remittitur for any payments made and with waiver of exemptions, if the contract you signed so provides.)

Answer to Count 2. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies, generally and specifically, each and every allegation contained herein and demands strict proof.

AFFIRMATIVE DEFENSES
As and for a First Defense,
1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

As and for a Second Defense,
2. Defendant alleges that this action is time-barred under ????6-2-37 of the General Statutes of Alabama.

As and for a Third Defense,
3. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

As and for a Fourth Defense
4. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

Wherefore, the defendant prays the Court to enjoin the Plaintiff to provide for discovery of valid, signed contractual documents supporting the claims made herein within 30 days and failing to do so render judgment as follows:
1. That plaintiff take nothing by the complaint, which will be dismissed with prejudice.
2. That the Court grants injunctive relief enjoining plaintiff from selling, transferring, reporting or otherwise assigning the alleged account to any other collection agency, debt collector, debt buyer or credit reporting agency.
3. That the Court order further reasonable relief.

RESPECTFULLY SUBMITTED this 14th day of April, 2008.


mdhd1999
mdhd1999
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Sub: #4 LVNV, local atoorney, lawsuit & answer. Now I need help.Wed, 05/21/2008 - 16:03



Thank you very much for the welcome and the SOL link. Yes, I live in Alabama. My only contact with anyone involved in this case has been my answer to the court and a copy of that answer sent by regular mail to the attorney.
The debt has not been paid off.
On my Equifax report, Sears lists Date of Last Activity as N/A.
Date Closed - 05/2001
Date of Last Payment - 11/2003
Date of First Delinquency - 12/2003
Date Reported - 01/2004
This account went 120 past due in 12/2001.
Sears lists the balance as $3957.
LVNV funding lists the balance as $4390 on 03/2008.
The attorney is suing for $5057.50.
Once again, I have not heard from the attorney since filing and mailing a copy of my answer to the court on April 14. Any thoughts and/or suggestions will be appreciated!


Bossy4455
Bossy4455

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Sub: #5 Welcome to the Community :D First off, I am assuming you are frWed, 05/21/2008 - 15:21



Welcome to the Community :D First off, I am assuming you are from Alabama, so here is a link that tells the SOL there at http://ww w.fair-debt-collection.com/SOL-by-State.html#1 I am not sure if you just sent a letter asking for validation or an answer to the courts.


You have 30 days from which the CA notifies you in wriring to dispute the debt, there is no time limit for them to send the info, unless you are in Texas, and a few other states.

Is this debt paid off

When was it charged off

When was the date of last activity on the account

IF you have any paper work, keep it, and also any correspondence you send, keep a copy. Be sure and show up in court on the date.

Also, what type of balance are they suing for

If you cab answer these questions, I ,or others may be able to direct you in the right direction..Good Luck with LVNV--use the search feature here and see the many posts about them and their tactics..KAren

As long as you are alive, there's always hope


Unregistered

Sub: #6 Check with the court and see if you can suponea the record that Wed, 05/21/2008 - 12:16



Check with the court and see if you can suponea the record that proves that LVNV owns the debt. also check with the court to see if they have free legal aid or the local bar association.


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