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Advice- Junk Debtor Request for prelim conference for nreach of contract!


 Hi, I am looking for some advice in dealing with the latest action from LVNV funding. Here are the facts:

1.   July 2007 I was contacted by NES (a collection agency- not sure if they are considered JDB or not) regarding a debt to GATEWAY computer company (Citibank was the issuer of the line of credit which I used to open an account and purchase a computer for school in 2001). For 4 years I paid what I could, but never enough to fully satisfy and eventually after losing my job, I stopped paying anything. In 2007 I had a loan from a family member and had several phone conversations with the representative. They verbally agreed to a payoff amount-I disagreed with the amount and send a letter proposing a settlement. The letter specifically stated that I did not acknowledge the debt but was proposing a settlement amount. They did not sign the proposal letter, but verbally agreed to take the money. But without written agreement of this, and promise to report the credit reporting agencies that they debt was “paid as agreed” (all part of my settlement letter), I was not willing to send them any money. We stopped discussions at that point.

2.   Next contact was April, 2009. Debt was sold to LVNV, and I was sent a summons from the attorney for LVNV-Forster and Garbus ESQS. Essentially asking for me to answer allegations regarding owing this debt and asking the court to enter a default judgment. I answered the summon and filed documents in court:

a.   Affirmative defense- Stated I lacked knowledge about the truth and therefore deny all allegations set forth in the summons.
b.   Cease and desist  letter- only written communications allowed
c.   Notice of appearance filed with court
d.   Defendants Request for production of documents- I requested 14 documents

i.   The original credit application with my signature.
ii.   The credit agreement stating interest rate, grace period, terms of repayment, transfer of debt agreement, etc.
iii.   Itemized statements or credit card statements demonstrating how the alleged amount of debt was calculated.
iv.   A contract, agreement, assignment, or other means of demonstrating that LVNV Funding LLC has the authority and capacity, and was legally entitled to collect on the alleged debt
v.   Letter(s) sent to Defendant by (LVNV Funding LLC demonstrating an attempt to collect on the alleged A notarized statement, if presently exhibiting or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally.
vi.   Any and all further documents that establish that Plaintiff  (I) had an outstanding account or 
vii.   Any further documentation, beyond what has been previously requested, that clearly establishes defendant's liability and/or responsibility to the alleged debt.
viii.   Proof of the Date of Last Activity (DOLA) as evidenced by date of the last payment made on alleged account- check # or draft #, amount paid and copies of the DOLA as reported on Defendant's credit report.  If these dates do not correlate or match, I asked that they provide evidence as to why the discrepancy.
ix.   Any and all written communication, received by Plaintiff and/or Plaintiff's attorney from the Defendant, regarding the reporting of the alleged account to any credit reporting agency or agencies
x.   Any and all communications from Plaintiff and/or Plaintiff's attorney to the Defendant explaining why Plaintiff and/or Plaintiff's attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining Defendant's credit report.
xi.   Any and all credit report(s) Plaintiff and/or Plaintiff's attorney obtained from any credit reporting agency concerning the Defendant.
xii.   Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or Account 

After this, I heard nothing at all from LVNV or their attorneys until May, 2012.

3.   May, 2012 I received a letter from the attorneys for LVNV- This was obviously their answer to my request for documentation made in 2009 (I maybe should have followed up in 2009 when I didn’t receive the documents within the 30 days, but I was happy to not hear from them, and didn’t want to “wake the sleeping giant”).  They provided the following documents:
a.   Copies of some of my original account statements from 2004 to 2005
b.   A bill of sale, assignment and assumption agreement. This was dated December 2006 basically transferring or selling my original debt to Sherman Originator, LLC/Sherman Capital markets LLC based out of Charleston, SC. It also included a declaration of account transfer from Sherman Originator to LVNV funding on December, 2006.

The letter asked that I contact their offices to discuss the possibility of a settlement.  I did not make any contact.

4.   July 10, 2012 postmarked letter received in my mailbox fro, Attorney’s for LVNV. The letter contained a copy of a document that requests a preliminary conference and judicial intervention for breach of contract. The document has an index # but does not have a stamp or anything that states it was filed in court (the summons I received in 2009 did have this –so I correctly assumed it was filed with the court). The attorney’s asking for a judge to assign a date for prelim conference….. My question is WHAT If ANY response must I or should I have to this?
This is on my credit report and as of 12/12 will reach SOL – I want to stop them from further action against me on this matter so any advice and thoughts you have are welcomed!

Did they answer your interrogatories? 

Read the RCP for your State and see if you can have them stricken as untimely or have yours deemed admitted.

You want to stop them?  Read Arb section.


Thanks, will read that board too

No responses at all to my 2009 interrogatories...I did get something in the mail from them in May 2012 that I can only assume is their attempt to answer in which they provided the statments and letter of sale of my debt to LVNV.

Still earning my legal lingo--what is RCP?

Did some online research. This action is connected with the 2009 case. The case is listed as active when I look it up online. I also did a documents and decision search using the index #-I found nothing- I find it curious as I know I filed my response to the subeona in May 2009.

Here is what its noted on the docket:
 1. summons w/ Notice formal complaint-4/24/2009
 2. Unsigned answer certificate of service w/receipt- 5/4/2009
 3. Affadavit of Service- 5/4/2009
 4. RJI Request for preliminary conference attny affirmation affadavit of service - 7/13/2012

I am thinking that they did not answer my request for documents in 2009-and I could address that but because its been 3 years since the first action- what are the odds this will have any impact?

Do I wait this out and see if a judge is assigned, then raise my issues at that time as part of discovery?


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