Hey ya'll; I'm a newbie and here's my first question. My husband was served a summons from our sheriff's office for a debt we had paid last year. After faxing my receipts to prove the debt had been paid I heard nothing from LVNV. I called each week, asking them if the case had been dropped and when I was going to receive a letter stating it was dismissed and that the debt was already paid. I was told by LVNV on the phone that it was "odd" my summons had no case number assigned, but my local court would send me a letter of dismissal. I got our credit reports and it still shows as an open account being collected on; I sent copies of my proof of payment in full to the CRA to have it changed. Still waiting on word for that. I know this has an odor to it, but what exactly I'm not sure. What do ya'll think about this one? Anything else I can do?
You need ti file an answer, affirmative defense that you paid it and file a Motion to Dismiss. Then sue them.
Did you file an Answer to their Complaint? Please say yes . . . The account tradeline has nothing to do with the civil action for the underlying debt. Those are two distinct area's both factually and legally speaking.
No, I didn't file an answer...stupid me took LVNV's word as honest...but this morning I called the clerk of courts and he let me know that LVNV dropped the case January 18, and the court does not send out the dismissal letter; if they did they would charge ME court costs. He told me to contact LVNV in writing and demand a copy of the dismissal and demand a letter stating the account is paid and closed. As for the "missing case number" he said that was not true on LVNV's part for it did indeed have a case number assigned. Thanks for ya'll help...and geez did I ever learn something about CA's...GET IT IN WRITING!
