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I have to appear in small claims court today to answer LVNV. I just found this forum, and was wondering how I can delay this. I was contacted by many different "companies", none would send me any kind of debt verification. My family was harassed by calls, as was I. I didn't make any payments. I originally owed Household Bank, who sold to LVNV. This was supposed to be off my CR this year I was told. Is it best to get a lawyer? Thanks for your help.




You can get it delayed by requesting a continuance if you need it (the court has to grant that however) as far as defeating LVNV in court, that may be simple. First i would suggest contacting an attorney (you can try naca.net for starters)

First I would like you to answer the following questions:
1. What type of debt is it
2. When was the last time you made a payment towards this debt?
3. When was the complaint/summons filed?
4. Who is the attorney/law firm handling their case?

Another thing is you want to request validation, not verification as they are different. (please keep in mind that 9/10 times LVNV couldn't validate their way out of a paper bag, much less a real debt) so what you want to do is request validation during the discovery phase of the trial. (you can look at the validation letter in my signature to find things commonly requested) if they fail to produce those documents then you may be able to have the case dismissed with prejudice (you would have to motion for this)

Sub: #1 posted on Mon, 03/10/2008 - 18:14

JCEMT JCEMT
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(Posts: 2934 | Credits: 192.01)

1. Credit Card
2. Over 4 years ago
3. Feb 14 approx
4. Small claims court

Thanks again

Sub: #2 posted on Mon, 03/10/2008 - 19:37

Unregistered


If your last payment was made on or before 2/13/04 then it is a time barred debt and you can use the Statutes of Limitations (as they had expired at that point) so you would use that as your defense.

Sub: #3 posted on Mon, 03/10/2008 - 20:26

JCEMT JCEMT
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(Posts: 2934 | Credits: 192.01)

Also, request for the case to be dismissed with prejudice as the SOL is up.

Sub: #4 posted on Mon, 03/10/2008 - 20:27

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

Does this letter also work if they have filed but have not set a court date?

Sub: #5 posted on Mon, 03/10/2008 - 23:04

Unregistered


I was served papers on Monday March 3rd. The company is also lvnv funding llc. I have not contacted the courthouse about this matter is there anyway of resolving this out of court at this point in time or do I have to go to court and file a continuance?

Sub: #6 posted on Mon, 03/10/2008 - 23:18

Unregistered


I filed an answer with the court today. They are going to set a trial date. I am waiting on the bank to tell me the date of my last payment. I will keep you posted.

Sub: #7 posted on Mon, 03/10/2008 - 23:26

hsilberisen3 hsilberisen3

(Posts: 12 | Credits: 3.17)

guest--if you were served papers, then you need to file an answer before this goes to court, otherwise they will get a default judgment against you.

For those of you in Texas that are dealing with LVNV, what you need to do is to to www.budhibbs.com and look right in the middle of the page--there is a large ad stating that if you live in TX and are dealing with a CA on the list he provides there, to contact him about it. LVNV is on that list. Bud will answer all kinds of questions, as this is his professional field.

Sub: #8 posted on Mon, 03/10/2008 - 23:36

skydivr7673 skydivr7673
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(Posts: 2037 | Credits: 579.66)

You are being sued in small claims? I don't understand this as Texas does not allow collectors to sue in small claims court..at all. I'm also confused..you say the account is supposed to come off your report, then later say the debt is a little over 4 years old? But do what they suggest...motion to dismiss with prejudice based on it being time barred.

Sub: #9 posted on Tue, 03/11/2008 - 21:53

goldenbast goldenbast
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(Posts: 2885 | Credits: 380.48)

how do I find out when I made the last payment? My bank said they didn't have that info on my credit report.

Sub: #10 posted on Tue, 03/11/2008 - 23:19

hsilberisen3 hsilberisen3

(Posts: 12 | Credits: 3.17)

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