Author Topic: First time being sued by LVNV funding!  (Read 266 times)

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zam

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First time being sued by LVNV funding!
« on: August 04, 2017 04:33:12 PM »
LVNV funding is suing me and is being represented by Stenger and Stenger.

I have absolutely no idea how to respond to my summons as this is the first time I'm going through this. Any advice or links you could provide me would really help me out. I see asking for discovery being mentioned a lot, and I would like to do that as they attached no actual documents with my summons.

Bruno the JDB Killer

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Re: First time being sued by LVNV funding!
« Reply #1 on: August 04, 2017 05:47:35 PM »
Don't do anything until you fill in the blanks.


1. Who is the named plaintiff in the suit?

2. What is the name of the law firm representing the Plaintiff?

3. How much are you being sued for? Round off the amount.

4. Who is the original creditor? (if not the Plaintiff) original creditors are major banks such as Citibank, Chase, Capitol 1, Wells Fargo, etc. If you see a name you don't recognize, like Midland, Portfolio, Cavalry, it is a "junk debt buyer."

5. How do you know you are being sued? Were you properly served?

6. How were you served? (Mail, In person, Notice on door)

7. What state  do you live in?

8. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is very important, they often wait too long to file suit. No wild guesses please, that does not help.


9. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. If not, you can find this in your state rules of civil procedure. Links are posted here under state laws.


10. What documents, if any, did they send with the summons?

11. Did they also send discovery? (Requests for Production of Documents, Requests for Admissions, Interrogatories)
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

zam

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Re: First time being sued by LVNV funding!
« Reply #2 on: August 04, 2017 06:25:13 PM »
Plaintiff is LVNV Funding

The law firm is Stenger & Stenger P.C.

The amount is $650

The original creditor is credit one bank

I was properly served in person in Michigan and have 21 days to respond to the suit.

I do not know the last time I paid on the account. The account was opened in 2015 so it's not past the SOL.

They didn't include any documents with the summons, only the card number and they did not send discovery.

Bruno the JDB Killer

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Re: First time being sued by LVNV funding!
« Reply #3 on: August 04, 2017 08:38:06 PM »
Okay, you are probably in small claims jurisdiction, so there is no arbitration available since it is prohibited by the credit card agreement. Read the Card Act of 2009 and Smily v. Citibank. (California and SCOTUS) You may find these interesting since C1's fees exceed the allowable legal limit.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

zam

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Re: First time being sued by LVNV funding!
« Reply #4 on: August 04, 2017 10:47:00 PM »
It's not in small claims its in civil district court.

I'm just unsure of what to right in my answer. There are quite a few things I would like to deny, and also their lack of proof sent to me was a red flag that I would like to bring up somehow. Saying I owe debt without providing some form of prior billing statements or attaching any file of contract that they owe the debt is something I would like to acknowledge.

CleaningUp

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Re: First time being sued by LVNV funding!
« Reply #5 on: August 04, 2017 11:34:21 PM »
Unless state civil procedures require evidence to be submitted with the complaint, there is no requirement to provide proof of claim with the summons.

That's what discovery is for, and that's what trials establish.

zam

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Re: First time being sued by LVNV funding!
« Reply #6 on: August 04, 2017 11:54:55 PM »
How do I initiate discovery? Sorry I'm new to all of this.

Bruno the JDB Killer

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Re: First time being sued by LVNV funding!
« Reply #7 on: August 05, 2017 12:59:27 PM »
It's all in your court rules. You need to know this stuff.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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