I got served with a Civil Action Complaint from a law firm representing LVNV Funding, LLC. I haven't made a payment in over two years. I live in PA. I don't have the funds to pay or hire an attorney. I don't know what to do. The debt is for $18,000. "I have 20 days to enter a written appearance personally or by an attorney and filing in writing with the Court my defenses or objections to the claims set forth against me" Please, any advice would be greatly appreciated. Yes I know I got myself into this mess but it's all I can do to make the mortgage payments and the utilities get paid alternately every other month.
Ok, in case you need the details... Civil Action Complaint Count I: 1: Plaintiff, LVNV Funding, LLC is a corporation which has retained the services of "lawfirm" 2: The defendant, "ME" is an adult individual residing at the address contained in the above caption. 3: On sundry and various occasions, Defendant, pursuant to an extension of credit to Defendant under account 123... used the extension of credit for purchases and/or other forms of credit. 4: The extension of credit, as designated above, to Defendant was make in reliance upon Defendant representation for repayment of the outstanding balance on the account. 5: The present outstanding balance which is due on the account, including accrued interest since the date of last payment is $18,935.41 and, although repeated requests and demands have been made upon the defendant to satisfy same, the defendant is in breach of the agreement to repay the account balance, and still refuse to pay same. 6: Plaintiff's investigation has determined that the Defendants is not in the military service. 7: THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, LVNV Funding, LLC demands Judgment against the Defendant, "ME" in the sum amount of $18,035.41, with interest and costs. Count II: 8: Plaintiff incorporates by reference paragraphs 1 through 7 as though detailed at lengh herein. 9: Defendant, by her use of the extension of credit, receive the benefit of the extension of credit given on the above referenced account and has failed to make payment for the receipt of said benefit. 10: As a direct result of the receipt of the benefit of the extension of credit given on the above referenced account, defendant has been unjustly enriched in the amount of $18,935.41 to Plaintiff's detriment. WHEREFORE, Plaintiff, LVNV Funding, LLC demands Judgment against the Defendant, "ME" in the sum of $18,935.41, with interest and costs. Hope this helps...
Complaint Is there a court name, address and case number on what you received? The Federal Fair Debt Collections Act disclaimer is very odd in a court-filed complaint. I want to make sure that this is a court complaint and not something dressed up like one.
Sounds like considering BK may be a viable option. Otherwise, you need to file a responsive pleading or motion to dismiss if, as Capitan states, this is a real Complaint.
I would just assume that it's a real complaint. It's a violation of the FDCPA to use false process, not to mention it's likely to be a violation of various state laws as well. The worst thing that could happen if you assume it is real and act accordingly is that they can laugh at you about how they tricked you. That will be until you sue them. On the other hand, if you pretend it isn't real and it is a real complaint, they will just get a default and win out of the gate. In my opinion, these sorts of things should always be treated as real even if they have not yet been filed with any court.
So... to cover all the bases, the OP should: a) call the court and find out if a suit has been filed (e.g. docket #, etc). b) file a response and general denial (as listed on other postings) c) send the CA a dispute and validation request in case it's just a "first contact" letter and be prepared for some legal action either as the plaintiff or the defendant.
I agree that Bankruptcy seems to be the way to go if you are paying utilities every other month. You should still answer the complaint with a general denial. believe it or not some debt collection attorneys are more affordable than you think. However, my guess would be they would advise you to file BK based on the circumstances you describe.
Well after spending the first 36 hours crying (poor me) I snapped out of it and realized I have to get myself out of this cause I got myself into it. Waking up and realizing what a dope you have been is tough but about time. Anyway, it's a real complaint, was delivered by the sheriff. Although I would like to avoid it, I have an appointment this afternoon with a bankruptcy lawyer. My biggest fear is losing my home. My mortgage is only $537.00 a month, I know I couldn't live anywhere else for that. Wish me luck today and thanks so much for all the advice. If you have anymore, I'd be glad to listen. A little more info: Original account was Sears then they became Sears/Citi card. This is what the Credit Reports say as of today. Experian Credit report: Sears/CBSD - Type: revolving - Opened 9/1999 - Last reported 6/2006 - Status - Open LVNV Funding LLC: Date opened: 10/2006, last reported 2/2008, - Terms 1 month, Type: Installment, Status: Collection account Equifax: CBUSASEARS - Type of Account: Revolving, - Date of Deliquency: 4/2006 - Date of Last Payment: 3/2006 LVNV Funding LLC: Type of Account: Open - Date Major Deliquency First Reported 11/2006 - Creditor Classification: Financial - Type of Loan: Factoring Company Account (debt purchaser) Transunion: Sears/CBSD - (same as Equifax) LVNV Funding LLC: Type of Account: Open, - Pay Status: Collection Account, - Account Type: Open, - Collateral: 12 Sears, - Loan Type: Factoring Company Account, - Remark: Placed for collection So, can anyone tell me what the "Collateral: 12 Sears" means? Since none of the Sears entries say charge off does that mean they are still involved? I really appreciate the time you all take to help.
Advice on my answer [bump] I really could use some help. This is my answer to the complaint. Any advice? DEFENDANT ANSWER AND NEW MATTER Defendant hereby responds to the Complaint of Plaintiff LVNV as follows: COUNT I 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part, denied in part. Defendant admits to opening a line of credit under account 123â?¦ and using that line of credit for purchases. Defendant denies the remaining averments of this paragraph. 4. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph. 5. Denied. Defendant denies that Plaintiff has made â??repeated requests and demandsâ? upon Defendant, as Plaintiffâ??s Complaint is the first time Defendant has ever been contacted by Plaintiff or been made aware of the existence of Plaintiff. Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this Paragraph. 6. It is admitted that Defendant is not in the military service. Defendant is without knowledge or information sufficient to form a belief as to whether Plaintiff instituted any independent investigation regarding Defendantâ??s military service status. 7. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph. COUNT 2 8. Defendant incorporates her responses to Paragraphs 1-7 as if fully set forth herein. 9. Denied. 10. Denied. NEW MATTER 11. The Complaint fails to state a claim upon which relief can be granted. 12. Plaintiffâ??s claims may be barred, in whole or in part, by the applicable statute of limitations. 13. The Court may lack jurisdiction over the Complaint. 14. Plaintiffâ??s claims may be barred, in whole or in part, because Plaintiff suffered no damages that would entitle him to relief. 15. Plaintiffâ??s claims are barred due to its failure to mitigate damages. 16. Defendant incorporates any and all defenses available to him as otherwise provided under statutory and judicially derived laws of the United States and Pennsylvania. 17. Defendant reserves the right to assert such other defenses as may become available or apparent during the discovery proceedings in this matter. WHEREFORE, Defendant respectfully requests that judgment be entered in its favor and against Plaintiff LVNV and that the Court award Defendant such other relief as the Court deems just and proper.
I would go into your local court and watch the hearings where they decide these things. The plaintiff is supposed to prove each element of its case but if you have no defense at all, it's unlikely that the judge will demand much. Since it looks like you plan to submit an answer, you should look up what it takes to survive what is usually called "summary judgment". Also, check your court rules and make sure that your answer doesn't waive a defense, such as an affirmative defense, that you will want to use later.
