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Being sued by LVNV Funding in Ohio

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jas67:
Today I received a Trial Assignment for a civil suit brought against me by LVNV Funding LLC in Ohio.  They are suing me for a past car loan through Wells Fargo. 

I was current on the WF auto loan until I had a car accident (not my fault) in March 2007 that totaled the car.  I stopped paying on the loan at that time. 

The proceeds from the insurance claim were much less than I owed on the car.  I needed to use the funds to purchase a new car.  I couldn't just send it all to WF.  I also had large medical bills at this time and couldn't afford to pay for 2 cars.

WF charged off the loan in July 2007.  On my credit report it looks like it was purchased by another lender in July 2010.  I do not know if it was purchased by LVNV at that time or recently.

In March of 2012 I received a COMPLAINT suit from LVNV Funding.

In April I filed an ANSWER wherein I denied the statements or said I didn't have sufficient knowledge to answer the statements.

Today I received a TRIAL ASSIGNMENT for July 2012.

The suit only names me.  My husband is not named although the car was in his name and I was technically a cosigner.  All the motor vehicle paperwork has his name only and my name is not mentioned.

I never received any paperwork from LVNV prior to the complaint being filed.  They have never contacted me by mail.  If they have contacted me by phone I don't know as I don't answer unknown phone calls or calls from 800/866, etc. numbers.

I cannot afford to pay the balance owed which is $5700.

What is my next step? 

Why wasn't my husband named?

Any help would be appreciated.  I have never been sued and I see on these boards that this firm is not exactly kind.

Thanks.

nobk4me:
Is there an arbitration clause in the car loan contract you had with Wells Fargo?

LVNV is a Junk Debt Buyer.  Being sued by a JDB is better than being sued by the OC.  Read up on this board on how to deal with JDBs.

cprems:
Did they ask for Attorney fees in the relief?

Did the OC follow through with all the required paperwork as demanded under your State repo laws?

Most OC's fail to follow through with the right to cure and deficiency notes. I believe that they are required to send it in OH.

Read the requirements. If they have failed to follow through - they cannot claim the deficiency!

jas67:


--- Quote from: cprems on May 25, 2012   11:21:38 PM ---Did they ask for Attorney fees in the relief?

Did the OC follow through with all the required paperwork as demanded under your State repo laws?

Most OC's fail to follow through with the right to cure and deficiency notes. I believe that they are required to send it in OH.

Read the requirements. If they have failed to follow through - they cannot claim the deficiency!

--- End quote ---


a) If you mean in the Complaint, YES the last paragraph asks for the amount they say is due, interest to 2007, cost expended herein and all other proper relief.

b) I have never received any paperwork from the OC regarding repo, etc. 

c) Please explain the "right to cure and deficiency notes".


Thanks.

cprems:
Read up on what is required under Ohio law in regards to secured transactions.

I believe its 1309

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