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LVNV Funding doing a check garnishment.





Sub: LVNV Funding doing a check garnishment.
Sat, 02/02/2008 07:32

I received notice on my door about an impending lawsuit filed by a company called lvnv funding. I do owe a debt to sears from 3 years ago. i cannot pay the $3000 so I know there will be judgement against me. does this mean my whole check will be garnished and what else can they take to satisfy the debt. If a collection company buys a debt for pennies on the dollar do you pay them for the original debt or the amount they paid for it.



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Sub: #1 LVNV FundingSat, 02/02/2008 - 07:32



I was sued in November by LVNV Funding, but they weren't able to serve me. In January, a server dropped the court document/notice face down in my driveway. I filed an answer with the court, in pro per (without an attorney and representing myself) within the 20 days of the required time, paid the $30 filing fee, had it stamped by the court clerk, and received a receipt back that it was properly filed and on time. The debt has expired -- a junk debt purchased at least two times -- and in the state of Nevada, the statute of limitations has expired on the date. LVNV has never filed a negative report against me because they've been trying to make this a new debt, but were unable to accomplish that. If you go to the Clark County District Court cases online, you will see the dozens of cases filed in Clark County District Court in Las Vegas against individuals. If you click onto the individual case activity, you'll see that as soon as someone does not respond to the lawsuit within the 20 days, LVNV's attorney immediately files for a default judgment. I'm taking them to small claims court for $5,000. It's unfair collection practices, they've harrassed and bullied me in their attempts to get me to pay off a debt that's not mine. It was purchased for a debt in a similar name to mine and with a different Social Security number from me. They got my name and attached it to me. But the key is they have not reported anything negative against me because they know it's not my debt. It looks to me as if they go after people who own property who they know won't respond to the suit, then they get a judgment against them and garnish their wages or slap liens against their property. I'm also about to file a motion to dismiss the case based upon the fact that they cannot show any proof that the debt is mine, and can't even show anything resembling where the debt originated, it wasn't served properly, and they employed unfair collection practices.
Has anyone else out there gotten this far with a case? Any tips would be greatly appreciated!


finsfan13
finsfan13

Posts: 6812
Credits: 65204.3

Sub: #2 By the way..what kind of a notice did you receive on your door?Fri, 06/23/2006 - 21:03



By the way..what kind of a notice did you receive on your door?

26.2
Detroit Marathon, October 2009


Unregistered

Sub: #3 NC also has no garnishment.Thu, 06/22/2006 - 17:30



NC also has no garnishment.


finsfan13
finsfan13

Posts: 6812
Credits: 65204.3

Sub: #4 Unless you live in Texas, you will be garnished 25%. A garnishmeWed, 06/21/2006 - 17:43



Unless you live in Texas, you will be garnished 25%. A garnishment can only last 90 days. I am a hr rep and deal with this weekly..I can't give the employees where I work advice, but feel free to pm me, as I might be able to help you.

26.2
Detroit Marathon, October 2009


andyyoung
andyyoung
Debt Samaritan
Posts: 450
Credits: 6531.7

Sub: #5 The collection agency must file a case against you in the court Wed, 06/21/2006 - 13:49



The collection agency must file a case against you in the court before your wages are garnished. You need to check the laws of your state since garnishment varies from one state to another. The court will fix a hearing date for you. You have to submit your papers with the court and explain yourself in front of the judge. After reviewing your situation, the judge will decide whether a judgment needs to be filed against you or payment arrangement can solve the problem.

If wages need to be garnished, it must be within the laws of your state. Under the federal laws, wages cannot be garnished more than 25% of your disposable income.

Check with your local county office if LVNV funding has a legal stand against you. In some cases, CAs try to put papers giving it a legal shape. A legal judgment must also be reported in the latest copy of your credit file. Only after you have ascertained the true activities of this collection agency, work out payment plans with them and settle the matter outside the court. They might be interested for the same as court costs and attorney fees are quite expensive and if your case is not for a huge amount.


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