• Report: #498219

Complaint Review: LVNV FUNDING LLC

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  • Submitted: Monday, September 21, 2009
  • Last Posting: Tuesday, November 17, 2009
  • Reported By: motherofmany — Middletown New York USA
LVNV FUNDING LLC
vjvm68@yahoo.com Internet Internet 10940 United States of America

LVNV FUNDING LLC LVNV Funding,LLC, Being sued!!!! , Internet

*Consumer Comment: LVNV steps to fight


1Author 1Consumer 0Employee/Owner

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On 8/12/09 I received a letter from ERIC M Berman P.C  stating I  had a judgment set against  me on July 7,2009 .

 I drive  to court house explain to clerk that I just received this letter and can she please look it up, their and behold a judgment ! I explain I have never received any notice , summons or anything from this attorney that if she had a vacate to default judgment form .Go home type up vacate to default judgment & restore to the calendar telling my side of story and some paperwork supporting I then return to court house & hand delivered it. The judge O.k. my request sets court for 9/17/09. I have a friend send off the paperwork to lawyers office by certified mail ,confirm receipt. Wait !!!!!!!! Received green card call friend pick up notarized paperwork. Bring it all to court house turn it into clerk . All done right I will get my day in court!!

Send out debt validate & cease & desist letter (certified mail ,confirm receipt always!!)this all happens within 1 week . two day before court I receive a "Affirmation in opposition  to order to show cause" from another lawyer who is an associate of ERIC M Berman P.C   office!

Go to court judge calls my case no lawyer! he ask if I had received a copy. I told him that I just received it! he ask if I had a reply, I told him I wasn’t able to look it over .He said because I just received it to look it over & if I have a answer That I should have it into the court by next Thursday!

 So this is where I am!!!! Three days to get in my answer!

"Affirmation in opposition to order to show cause"
I am thinking that this is the plaintiff attorney sending
me notice that he opposes The motion to vacate judgment.
can anyone give me more info on this !Maybe a small crash course .

This report was posted on Ripoff Report on 9/21/2009 3:00:49 PM and is a permanent record located here: http://www.ripoffreport.com/collection-agency-s/lvnv-funding-llc/lvnv-funding-llc-lvnv-funding-9627f.htm.

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1Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

LVNV steps to fight

AUTHOR: Ckwilliams - New York (U.S.A.)

SUBMITTED: Tuesday, November 17, 2009

Hi,
Please remember that the burden of proof lies on these scum suckers

#1 request to vacate judgment as you have
#2 Send certified letter to the fake collectors (LVNV) asking to validate the debt (not verify) via certified mail.  Also, get any and all papers they 'filed' in your local clerk of court
#3 Prepare your argument
a)  You do not owe LVNV anything
b) they have not provided you with an ORIGINAL contract, nor have they proven to you that owe THEM anything, or that they even OWN the debt.  They must provide you with original proof that you owe them!!!  If they do not have any original statements (not something computer generated from their office, their flat out lying)
c) deny, deny, deny.  you don't know these people.  and, even if the debt is something you had years ago, there's a 100% chance that the statue of limitations has passed.
4) Request a traverse hearing (should be done in the original stages).

Hope this helps.  Also do a search on 'LVNV' funding within ripoff report.  You will find some detailed line by line things to do.  NYC system is crappy, but if you go step by step, you will beat this because LVNV does not have original proof, and THEY NEVER, EVER, EVER, OWN THE DEBT. They are 3rd party collectors.  

Don't be intimated by these low-lifes. They make their money robbing the poor, and wearing cheap a*s suits and bad shoes to court.

Good luck!!

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