• Report: #289883

Complaint Review: LVNV FUNDING

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  • Submitted: Sat, December 08, 2007
  • Updated: Fri, April 02, 2010

  • Reported By:Orange New Jersey
LVNV FUNDING
Greenville, South Carolina U.S.A.

LVNV FUNDING Won't send debt validation Greenville South Carolina

*REBUTTAL Owner of company: You must file an answer.

*Consumer Suggestion: Valid Service varies by court and jurisdiction.

*Consumer Suggestion: Proper wording is essential, you may have validated the debt!

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A couple of years ago I received a letter from a collection agency in Amherst NY saying that I owed them over $3000. I have no idea what for.I sent them a validation of debt letter and never heard from them again.

A couple of months ago I received a letter from a lawyer (representing LVNV FUNDING) saying that I owed THEM over $3000. I assume it's the same debt???

I sent THEM a VOD letter (certified mail, return receipt, etc...), and never heard back from them. They did sign for the letter.

I just got in the mail a summons naming them as the plaintiff (as attorneys for plaintiff) and me as the defendent.I have 30 days to answer the summons, no problem there. Do I just send them copies of my VOD letter with the confirmation that they received it and write in the answer that they refused to validate the debt?

I haven't pulled my credit report (yet) to see what's on there, but I want to know what to do now about this summons.

Help!

Margie
Orange, New Jersey
U.S.A.

This report was posted on Ripoff Report on 12/08/2007 03:50 AM and is a permanent record located here: http://www.ripoffreport.com/r/LVNV-FUNDING/Greenville-South-Carolina/LVNV-FUNDING-Wont-send-debt-validation-Greenville-South-Carolina-289883. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 2Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Owner of company

You must file an answer.

AUTHOR: SneakyBastards - (United States of America)

Hate these dirtbags.  They are suing BECAUSE you sent a validation letter. You MUST file an answer. Attach (as exhibit A) your debt validation letter and proof you sent it.  DO IT NOW!

You can get a form letter from the web for your answer, but do it right. In your answer, COUNTERSUE. They have no proof of the debt. They're just hoping you don't show up, but they can't sue you when they have no proof. It's illegal. Sue them for the max money allowed and they'll offer YOU a settlement.

Good luck. It's fight or flee, and flee isn't an option.
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#2 Consumer Suggestion

Valid Service varies by court and jurisdiction.

AUTHOR: Robert - (U.S.A.)

""A summons is not valid until you are served by a real person. Check with the courthouse to see if it was actually filed before you respond.""

NOT TRUE in many jurisdictions. Around here, for small claims court, service by certified mail (requiring a signature at delivery) is VALID.

Steve's advice to check with the courts is absolutely what you should do before responding. Many collectors will send what appears to be a summons or other "official looking" court documents. This is MISLEADING and ILLEGAL per the Fair Debt Collections Practices Act.

Good luck.
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#3 Consumer Suggestion

Proper wording is essential, you may have validated the debt!

AUTHOR: Steve - (U.S.A.)

Margie,

You say you sent them a validation of debt letter. Be careful of how you word things. You may have validated the debt, and gave them cause for the lawsuit.

Did you send them a REQUEST for validation, or did you send them a Validation of debt letter? Big difference.

Anyway, you MUST respond to the summons or they get a default judgement against you. This is the game they play.

Send the response by certified mail, return reciept requested, and be sure to put the certified# on the letter itself as this proves what you sent. This is very important.

In this letter simply deny the claim, and specifiy that you have previously requested debt validation and that request was ignored. Based on that ignored request, declare the lawsuit as frivolous.

Send this to both the court, and the lawyer for the plaintiff.

And, don't fall for the summons yet if you only recieved it in the mail. That may be just a ploy to shake you up. A summons is not valid until you are served by a real person. Check with the courthouse to see if it was actually filed before you respond.

These bottomfeeders are full of dirty tricks.
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