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Anyone beat LVNV in court? After they already sued you, do they usually have the valid docs needed in court to prove the debt is truly yours? They filed against me and are now asking the court for an extra 30 days to get the docs I asked them to produce during discovery? I'm wondering if they ever really have these docs anyway, I'm guessing they always file suit anyway, hoping to "scare" the debtor...

i do not know, for some reason LVNV scares me lol. i also would be interested to know this.

Sub: #1 posted on Tue, 03/24/2009 - 21:42

bea2ls bea2ls
(Posts: 3840 | Credits: 370.56)


Sub: #2 posted on Wed, 03/25/2009 - 00:52

needmylifeback needmylifeback

(Posts: 40 | Credits: 7.5)

Not specifically LVNV but I've heard of many situations where requested documentation does not surface but they try to use substitues of the documentation to convince you it's what you asked for. If they had the proper documentation needed to prove thier case, they probably would have it already and been able to send it to you by now. Alot of times what they do come up with really isn't what you were asking for.

Sub: #3 posted on Wed, 03/25/2009 - 02:08

IPoured IPoured

(Posts: 223 | Credits: 37.84)

That's what I was thinking, that if they had the stuff they would have produced it already...I'm on the lookout for some of those crazy affidavit's they tend to pass off as validation.

Sub: #4 posted on Wed, 03/25/2009 - 04:10

needmylifeback needmylifeback

(Posts: 40 | Credits: 7.5)

They didn't sue me, it was the other way around. I sued them for not having documentation and refusing to remove the item from my credit reports plus continued collection activities. But the main fact of it was they did not have the right documentation at all...heck I think they had one statement, but it was not what every other statement looked like and it even looked like they made it themselves...and didn't do a very good job of it besides.

My guess is they don't usually have documentation. They may be trying a last ditch effort to get documentation from the OC, but usually the OCs don't keep that info, especially on very old accounts. You should object to the 30 day continuance stating that they should have had this info when they filed suit. If you by chance DVed them before they filed you could also point that out to the judge, the fact that you asked for it BEFORE they filed and yet they still did not have it.

Sub: #5 posted on Wed, 03/25/2009 - 10:10

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: 380.48)

Goldenbast, thanks....I didn't know I could object to the extra 30 days, yes, I did send them a DV and they ignored it...that was about a month before they filed suit. How do I object to a motion, is it just paperwork that I fill out and submit to the clerks office? These attorney's just sent me a copy of what they mailed to the clerks office so this wasn't done at any kind of pre trial conference or anything...Thanks!!

Sub: #6 posted on Wed, 03/25/2009 - 18:00

needmylifeback needmylifeback

(Posts: 40 | Credits: 7.5)

forgot to ask, so did you win the suit you filed against them?

Sub: #7 posted on Wed, 03/25/2009 - 18:05

needmylifeback needmylifeback

(Posts: 40 | Credits: 7.5)

You can object to anything. :) You have a copy of the motion they sent, so use that as a template, object to the continuance on the grounds that you already asked for this information prior to the suit and they should have had this information upon filing suit.

It doesn't mean you will win the objection, but you might...heck, I would attach a copy of the letter you sent as well as a photocopy of the receipt.

I did win against LVNV. I had them over a barrel and they knew it...they settled with me before it got to court. I got a tidy little check and permanent closure of the account and removal from the credit reports.

Sub: #8 posted on Wed, 03/25/2009 - 21:41

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: 380.48)

i just objected and mailed it to the clerks office (dropping it off was not an option with my kids in tote) thanks!!!! from what i've been told i can file suit against LVNV and their attorneys, Sessoms & Rogers, for continued collection and still reporting on my CR's after they ignored the DV letter...i'v contacted a couple of attorney's from the NACA website but, I've gotten the "sorry we can't help you"...I haven't a clue about how to file a suit on my own...

here's to hoping I win my objection!

Sub: #9 posted on Wed, 03/25/2009 - 23:55

needmylifeback needmylifeback

(Posts: 40 | Credits: 7.5)

i beat lvnv last week. they filed on me in my associate court and I showed up they did not. Judge continued it and I filed with the court that they were not licensed to do business in my state. they dismissed the lawsuit with prejudice, which means they can not come at me again with this. WAA HOOO!!!

Sub: #10 posted on Wed, 08/05/2009 - 20:20


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