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LVNV Strikes again!

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I just received a postcard in the mail from my county courthouse that says LVNV Funding has won a default judgment against me. I was never served, so I am wondering how this is possible. I am the only one named on the card's address line and I am sure my wife was not on the account. These guys suck! I have paid them so much money in the past on a payment plan, then they turned on me and demanded the full amount when I tried to continue a payment plan. I asked how their late fees and interest on the account was being calculated and at what rates, but the gal on the phone would not tell me and just yelled at me to pay the debt and that they would no longer take payments on it. Then they started to threaten me! They told me they were looking at my parent's records and that they had the money and that I had better get it from them and pay the whole thing off or they would sue me. They harassed me on the phone when I was at work, even though I told them I couldn't talk and they were going to get me fired if they didn't stop calling. When I told them that, they just started calling more often during work hours! I sent them letters asking them to validate the debt, but they just handed it off to another one of their internal agencies which started to harass me again. Again I would send a request to validate the debt, and another handoff... Then they contacted a local attorney who sent me a letter threatening to sue me. I sent them a letter asking for validation, but they would not produce signed documents or any of the other information I requested. This debt is over 10 years old, but in Nebraska they have that stupid law that says if you paid anything on the debt, it starts the statute clock over from the last payment. I believe Nebraska SOL is 7 years, but I have given them payments within the last 2.5 years. Can you give me any advice as to what to do with this lawsuit? I am really sick of these guys!!!
They are the scum of this earth and I really want to take them down on this one!

TekWar




Unregistered

Sub: #1 Contact the county clerk and tell them that you were not served
Wed, 09/10/2008 - 01:12

Contact the county clerk and tell them that you were not served properly and ask that the judgement be overturned. You should never pay anything on a debt that is out of SOL, when you do it restarts the SOL.




NASCAR_Devil


Posts: 4668
Credits: 30821.994972777

Sub: #2 Nebraska has a 5 year SOL. You will need to personally make a
Wed, 09/10/2008 - 03:48

Nebraska has a 5 year SOL. You will need to personally make a trip down to the court of record and request a copy of the file. Look for the method of service. Depending on what state you live in, requirement for service vary. Once you determine method of service, then you can work on a Motion to Vacate




Unregistered

Sub: #3 Type of service
Fri, 09/12/2008 - 14:37

Well, I called the county court, and they say that it is legit and that the papers were served July 17th to my 16 year old ADHD son who thinks he gave the papers to my wife. My wife doesn't remember ever seeing them, and I never saw them either! According to the clerk, the papers were not signed for, so there is no proof that they were ever really served. The clerk says I can write a letter to the judge about not being served. Does anyone have a template for this letter?

This debt was on a Best Buy credit card that had an $800 credit limit and now I own LVNV over $3,000 on it even though I'm sure I have given them over $1,000 just in the payments they extorted from me over the years with their threats. How do I find out how much they paid for this junk debt? They say the interest is over $1,000! Isn't there a law that says they can't recover more than they paid for the junk debt?

What is my next move here? How will these people try to get their money now that they have a default judgment? Should I get a home equity loan and just pay the thing off? HELP!

TekWar




NASCAR_Devil


Posts: 4668
Credits: 30821.994972777

Sub: #4 Service was proper in that case:
Sat, 09/13/2008 - 03:26

Service was proper in that case:




Unregistered

Sub: #5 How does this help me beat LVNV????
Sun, 09/14/2008 - 10:37

I appreciate you looking up that law, but how does it help me beat this low life scum? I need some ideas on how to go after these guys!

TekWar




Unregistered

Sub: #6 More LVNV Fun...
Sun, 09/14/2008 - 22:06

Well, I started digging through my paperwork today and found 3 DV letters that were sent. Central Credit Services, National Enterprise Systems, and Brumbaugh & Quandahl (their local lawer) all had letters sent within the 30 day response time after I received theirs.

None of these responded with validation! All they did was hand the account off. When I called B & Q after sending them the DV letter, they just told me it was for an account with LVNV Funding, and also said they didn't have to tell me any more than that.

I think B & Q went ahead and filed in court on behalf of LVNV, but since I never saw the papers, I have no idea who filed it. I will have to call the court tomorrow and find out. If that is the case, did the collections law firm break fdcpa law by filing the lawsuit as a collecting agent? Can I ask for the judgment to be vacated on that fact alone? I still have the registered letter receipt to B & Q and a copies of the letters to all of them, but not sure if I can find receipts from the others.

Any help here???

TekWar




Unregistered

Sub: #7 Brumbaugh & Quandahl
Mon, 09/15/2008 - 19:55

Called my county court clerk today and found out that Brumbaugh & Quandahl filed the lawsuit even though they never answered my DV request.

As the collecting agent for LVNV Funding, are they under the same laws as a collection agency? Collections is what they say they specialize in. Have they broken the fdcpa by going ahead with the suit?

TekWar




NASCAR_Devil


Posts: 4668
Credits: 30821.994972777

Sub: #8 http://www.bqlaw.com/ If you look at the bottom of there home
Mon, 09/15/2008 - 22:16

http://www.bqlaw.com/

If you look at the bottom of there home page:

Quote:
This firm is a debt collector and any information obtained will be used for that purpose.


So, yes, they are a debt collector and bound by the fdcpa. Unfortunately, they have already obtained a judgement against you. Service was proper so you have an uphill battle in order to have the motion vacated. Would suggest you consult with a NACA attorney in your area. Did you ever DV LVNV directly? Did you add a "limited C&D" to any of your DV's?




Unregistered

Sub: #9 Went down to the courthouse...
Fri, 09/19/2008 - 14:36

I took a trip down to the courthouse to get copies of the papers. It looks like I will try an appeal and get my day in court. I don't know if it will do me any good, but it's worth a try. I can prove that I sent a DV letter to the last CA (Brumbaugh & Quandahl) that contacted me and two other agents of LVNV's, but I don't think I ever sent one directly to LVNV. Is this going to be a problem? Also, all but one of the papers breaks the principal in interest down, but the one lumps them together as one amount stating it's at 0.00 percent interest. Is this a valid technicality that I can use in my favor, or does it just not matter? TekWar




Unregistered

Sub: #10 Update!
Thu, 09/25/2008 - 18:39

I went to the Secretary of State's office and gave them copies of the dunning letter I received from Brumbaugh & Quandahl along with my DV letters to all collection agencies I sent them to. If Brumbaugh & Quandahl are truly acting as a collection agency and not as a law office (the letter makes them look like a CA) then they are not licensed and could be in trouble. I also found a case like mine that involved a collections letter with law firm letterhead that has been heard and they seemed to agree that it was a deceptive practice.

My next stop was the Attorney General's office to file an official complaint against Brumbaugh & Quandahl for continuing the collection effort after I sent them a DV and they didn't respond. Let's see if that shakes them up a little! My next complaint will be to the BBB!

I really need to file the appeal, but I haven't found anyone to help me without costing me a bundle. Still working on that before the deadline.

TekWar




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