Our story is a long one and I am sorry for the length of the question I just wanted to make sure that you had enough information needed to see if you could give an answer. I hope that you can answer some questions. The main questions are how are summons served and how can we find out how and when it supposed to be served? If you didn’t get one how could you prove it? What are the rules for a Writ of Garnishment? Can they take money from a joint bank account from a couple that is not married and the judgment is only against one? Can they take money from an account that unemployment goes into? What is the time frame for disputing the judgment? How do go about proving that this company failed fraudulent claims with the court?

We live in Guernsey County Ohio. I am trying to find what the rules and procedures of the whole process including the summons to appear. Because a few weeks ago a company called LVNV Funding wiped my fiancée’s and I bank account. Which has cost over $3000 because of what they took and what it caused to into the negative & NSF fees? After finding out as much as I could about this I have come to find out: This is from a charged off debt of Credit Card company that went bankrupt over 15 years ago. About 8 years after the fact they started harassing him so he set up some payments. They starting harassing him and his family again so he cut off all contact with them. This was over 8 years ago in VT.

He moved here and in 2006 he went to a bank that he had in his name only (at this time he was married to his first wife) to get money and they told him that he was over drawn. He had no idea what was going on till the next day in the mail he got a COPY of something stating that this company was given permission to take money from that account. At this point he has never received a summons to appear in court. He didn't question the judgment because of the paper from the court because it was from a court and a judge signed it. They took money like that for about a year every couple of months. The bank never gave him any information about this.

Then this year we got a bank account together in our names (we are not married yet). Then a couple of weeks ago we got our rebate checks and my unemployment money. The next day paid bills online. Then that Friday went to check to see what had cleared and we were $1100 in the negative. There was a debt memo attached to our account so he called the bank and the manager called us back later that night. All she could give us was a name and number to call.

We have not been able to talk to anyone over there. I have researched the company online to find out they buy old junk debts and re-age them somehow and they go by many different names. From what I understand most of what they so is illegal. I am trying to find out if there is anything that we can do to have this judgment removed or over turned. Also how do I find how or if the summons was done and if it was done right? If it is possible to get this done even of the original so called case was done August 30, 2006. It is going to take us a couple months to recover from this and really don't have any money for a lawyer so any help that you can offer would be a god send. Everyone that I have written to so far can't tell me anything.

Any information would be so greatly appreciated!
Desperately seeking help!

Not up on all rules of personal service in your area, but it can vary from being placed on your door, to being mailed to you, depends on your state requirements, you can go to the court where the judgement was issued and review the files to see how you were served.

Yes they can garnish from joint accounts, if the person who is not on the garnishment can prove that it was their money in the account, they can file a motion and prove to the court that they have had their money taken

The court does not know what money is what once it has been mingled with other money.

Charged off is an accounting term it does not mean you don't owe the money. BUT>>> there is a Statue of limiation on how long they can take you to court to collect but by agreeing to pay, you started the clock all over again, most likely had you told them to stop calling you, that would have ended it.

Now most likely it may be out of the SOL again, depending on what was told to them, and when the last payment was made, but you have to get back into court to get anything done.

First we need dates, for what you said the statute of limitations was probably expired by the time they filed the suit, is 6 years in your state since the fist missed payment, that along with any defect in he way they served him summons it will be enough to have the judgmet reversed and get all your money back. You'll need to find out what is the court and file with them a motion to vacate, also in your paperwork you can ask LVNV to validate the debt, provide the credit card application with his signature, las statements andproof of purchase, they just got a judment by defect because h didn't show up in court because he wasn't properly served, he didn't know. LVNV do this as regular business.

I will have to check the dates but I know that it was before the year 2000 that he had a missed payment or last contact with them. I will send them a VD letter on Monday. Do I have to get a lawyer to help on this or do you think that this is something that I can do myself? Thank you for all your help!

Ok then, first ask the bank from what court came the levi order, call the court and ask them for all data specially the date lvnv filed the lawsuit, then check that date against the date you made your last payment on that account (No the first missed, sorry I made a mistake in my previous post). If they took more than 6 years to file the lawsuit from your last payment you have an absolute deffense, among with the fact you wasn't served the court will vacate the judgment, also you can ask for refund of all the NSF fees and sue LVNV for violations of the Fair Debt Collections Act, the part about missrepresenting. If they filed after six years you also can hire an attorney and make them pay his bill. At this point I wouldn't bother in sending a Debt valiation letter, they are pretty useless once the CA has a judgment but it won't hurt if you send it anyway. You can do it probably yourself but even if you hire an attorney is always a good thing if you know what is all about