Lvnv Funding Llc Suing Me - We are constantly fighting debt collection lawsuits, so it is difficult to keep track of all the cases we handle. But here are some recent cases we've tried and won.
First, Cavalry SPV I, LLC v. Johnson - Baldwin County, Alabama is a public debt collection lawsuit based on a credit card account that our client did not recognize. We responded that the plaintiff did not have a location and that the account was the result of identity theft. We took it to trial and won.
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Then LVNV Financing, LLC vs. Cenatiempo. Our client was sued by LVNV Financing, a debt collector owned by Resurgent Capital in South Carolina. They claimed he owed them $2,400 on a Credit One Bank credit card. We responded to the lawsuit, denying the allegations and demanding a judgment. In August 2020, we went to trial and won.
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Third, there is Credit Corp Solutions, Inc. v. Tapia. Credit Corp Solutions, Inc. is a debt buyer based in the PHILIPPINES! But in Alabama they are incorporated as a Delaware corporation. Our client was sued for $15,000 based on an alleged unpaid loan from BBVA Compass Bank. We responded, asserting a number of affirmative defenses and demanding judgment. The judge held a hearing with us in October 2020 and we won.
Finally, Portfolio Recovery Associates, LLC v. Kirkpatrick. Portfolio Recovery Associates is a huge debt buyer based in Virginia. Accounts are being bought across the country and thousands of people are being sued in Alabama. In this case, the PRA sued my client for $8,533 they claimed he owed them on an old Capital One credit card. We answered and asserted a number of affirmative defenses. It finally went to trial on October 21, 2020, and we won.
Perhaps most importantly, all of these clients were able to AVOID BANKRUPTCY. We will continue to defend Alabama consumers against debt collection lawsuits across the state. If you have received a subpoena and would like to speak with a real attorney who knows how to handle these cases, call us today. The consultation is free.
"Licensed in Alabama and Texas. We are a debt agency. We help people file for bankruptcy under the Bankruptcy Code. They make no representation that the quality of the legal services they will perform is higher than the quality of the legal services , which they provide. . Other attorneys. Your use of this website does NOT create an attorney-client relationship between Judson E. Crump, PC and you." After serving my subpoena, I searched the Internet and found a forum that helped me make a point. Forumers told everyone: "You must answer the prompt!" I got scared and looked up how to respond to a subpoena and proceeded to respond. That was my biggest mistake! I had no idea what I was doing and missed the opportunity to file a motion to dismiss because LVNV Financing did not attach the contract or assignment to the complaint.
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The first thing I learned is Google [YOUR STATE HERE] local court rules, or [YOUR STATE] and then civil procedure rules. Believe it or not, it's all there in black and white. Local court rules are the key to winning a lawsuit.
See if any of these must be attached to your complaint in order to file a motion to dismiss. You should also find out according to your court rules whether the court will allow you to file a motion to dismiss instead of answering.
I didn't know I could file a motion to dismiss. I have only received one complaint that I owe and that LVNV Financing is an assignee of Providian. LVNV Financing claims to be an assignee of Providian and claims I owe them money. My question is: where is the proof? You can't just say I owe you money without any proof to back it up. Even I knew that. It's like someone coming to your door and saying you owe them money. Wouldn't you like this person to prove it to you? You have no idea who this person is or why they are demanding money. They have to prove it.
I figured I should respond to the complaint first because the message boards kept telling everyone to respond to the prompt. If I knew better, I would read my court rules and find out that in Indiana, where I live, I can file a motion to dismiss for the first time. If the judge denies this motion, I would have 10 days after the denial to respond to the subpoena, but if the judge grants the motion, the case will be dismissed without prejudice, giving the plaintiff 10 or 20 days to amend the complaint. .
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If you check your court rules, see if this applies to the state where you live. According to my court decision, it contains the following:
(A) When document or copy to be filed. If any pleading permitted by these rules is based on a written instrument, the original or a copy thereof shall be attached to or filed with the pleading. Such document, whether included in the pleading or not, shall be treated as part of the record.
The above told me that if a lawsuit is based on a "contract" then the original or a copy of it must be attached to the complaint. But again, I had no idea what I was doing, so I looked around trying to figure out how to respond to this prompt. I didn't understand all the legal terminology, and when it came to waiving my affirmative defenses, I was uneducated and afraid of words, so I neglected quite a few waivers. I honestly didn't even know what an affirmative defense was!
Note that each numbered paragraph relates to the complaint. When I responded to this summons, I had to drop my affirmative defense. I learned that I should use every single affirmative defense, even if it didn't make sense to me. I will use all of them in the future. I missed a lot the first round because I didn't understand what they were thinking and that scared me. For example, I fear the term "law of frauds", but you must use it.
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Well, that's easy. The plaintiff cannot establish facts in support of his claim which would entitle him to relief. So I should take it down!
Because I figured it might be within the limitation. But this does not count. You see, the plaintiff is suing me, so they have to prove that this debt is within the statute of limitations, not me. I have no proof. So next time I will use this defense regardless. It was my fault.
I saw the "cheater" and I was hooked! However, it is the best defense in a credit card lawsuit. That which. Read the Fraud Act. They clearly state that a contract or agreement belongs to the group of written contracts or agreements.
I thought it didn't make sense, why would I say that? Well, simply because the junk debt buyer didn't check assignment. In other words, they have not proven to the court or to me that they have the right to sue. So should I use this? Totally.
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This would save you many hours figuring out affirmative defenses, and if you miss one, you'll lose the opportunity to use them. Each affirmative defense is based on your case. You must use them all when you answer the call, or you will not be able to use them in the future. So live and learn. I have learned that if I am sued in the future, I must use every affirmative defense so that I do not lose them later in the case.
After I sent my answer about five days later, I received the request for documents, requests for admissions and interviews. This is called "discovery". Now I had to find a way to answer all of this.
Notice that in my response to the subpoena where it says "HOW" I wrote "The defendant prays that the court disregard the plaintiff's complaint and dismiss the complaint." Obviously, here in Indiana, you can't just say, "Hey, drop this case, please." You should file a motion with the court, not include it in the answer.
The point here is that I thought that just because I wrote "I dismiss the complaint" in my response, it would be dismissed. I was wrong. Then LVNV crashed with the discovery.
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Check your local court rules on interrogatories, admissions and documents to find out what format you must use and how the court will allow you to respond. No
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