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    Cajun1941's Avatar
    Cajun1941 Posts: 11, Reputation: 1
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    #1

    Sep 28, 2008, 04:11 PM
    Going to court with LVNV
    I am going to court tomorrow with LVNV. Over a SOL debt. When I received the summons I answered them and the court with my letter for validation. I also informed them that it was SOL. I received nothing from them, no sort of validatioin. What am I supposed to do in court? I thought it was fraud and harassment to knowingly contact someone on a debt that is not legally collectible. I had no previous communications from them.

    Anyone else ever deal with LVNV? If I have proof it is SOL, should I bring it. Or do I let them try and prove it. After all the burden of proof is on them, right?

    Any help will be much appreciated. The clock is ticking!

    Thanks
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Sep 29, 2008, 04:43 PM
    Simply attend the hearing and state, " The SOL is expired on the alleged debt and I move the court to dismiss with prijudice this action>" Do not admit or deny anything since no validication has been received by you.
    Cajun1941's Avatar
    Cajun1941 Posts: 11, Reputation: 1
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    #3

    Sep 29, 2008, 05:34 PM
    Quote Originally Posted by mr.yet View Post
    Simply attend the hearing and state, " The SOL is expired on the alleged debt and I move the court to dismiss with prijudice this action>" Do not admit or deny anything since no validication has been received by you.

    I went to trial. Guess what!! LVNV didn't show up. Case dismissed. :)
    I am so happy tonight. This drove me nuts and stressed me out. It turned out very nice. :o

    Thanks for your help.
    Cajun1941's Avatar
    Cajun1941 Posts: 11, Reputation: 1
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    #4

    Oct 1, 2008, 07:13 PM
    Quote Originally Posted by Cajun1941 View Post
    I went to trial. Guess what !!!!! LVNV didn't show up. Case dismissed. :)
    I am so happy tonight. This drove me nuts and stressed me out. It turned out very nice. :o

    Thanks for your help.
    I forgot to say that this was dismissed "without prejudice". Does this mean they will come after me again?

    Can someone explain countersuit for me. When is that supposed to happen?
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