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    Joe Cobb's Avatar
    Joe Cobb Posts: 8, Reputation: 1
    New Member
     
    #1

    Dec 17, 2007, 08:08 AM
    LVNV Funding filed Summons and I want to FIGHT!
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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Dec 17, 2007, 08:43 AM
    First, as long as they file the lawsuit within the SOL they are fine. Second, if they own the debt they are entitled to access your credit report to help collect that debt.

    Otherwise you are going about things correctly. The intent todefedn goes to the court with a copy to the plaintiff.
    Joe Cobb's Avatar
    Joe Cobb Posts: 8, Reputation: 1
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    #3

    Dec 17, 2007, 08:43 AM
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    Joe Cobb's Avatar
    Joe Cobb Posts: 8, Reputation: 1
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    #4

    Dec 17, 2007, 08:46 AM
    Thanks ScottGem. However, how can they show "activity" on an account that we've never paid on, heard of, or agreed to?
    Joe Cobb's Avatar
    Joe Cobb Posts: 8, Reputation: 1
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    #5

    Dec 17, 2007, 09:01 AM
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    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Dec 17, 2007, 09:18 AM
    Quote Originally Posted by Joe Cobb
    My wife has an old account with citibank.....

    We have NO old information from the alleged citibank account....
    Hello Joe:

    You began your posts with the FIRST comment. You ended with your LAST.

    Seems to me that you DO know about this account. Look, I don't care. I think collection agencies are scumbags. I don't work for them. I work for you.

    And, my best advice for you... the advice that I think will cost you the LEAST amount of money, is to settle with them. Because if it's REALLY your wife's account, they're going to win a judgment. And the judgment is going to be for about TWICE what you owe now. And, with that judgment, they'll romp through your bank accounts, and they'll garnish BOTH your wages.

    None of that is going to be nice. So, you can write your letters and make all the noise in the world, but if she owes it, all your bravado is going to do, is cost you MORE money in the long run.

    But, maybe it's really not her debt. I don't know. You do.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Dec 17, 2007, 09:22 AM
    The filing of the suit can be considered activity.

    A comment on excon's post. I would wait until they provide verification of the debt. At that point I would definitely try to negotiate a settlement because if they can verify the debt,you will lose in court and they will no longer have any incentive to negotiate.
    Joe Cobb's Avatar
    Joe Cobb Posts: 8, Reputation: 1
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    #8

    Dec 17, 2007, 10:12 AM
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    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Dec 17, 2007, 10:36 AM
    Hello again, Joe:

    It's probably THAT account. How did you pay it off, and how exactly did you close it? Was there a problem with the account?? How much are they claiming you owe? If it's a lot of money, it's certainly not just a few late payment fees and your annual fee. If it's a lot of money, you'd/she'd KNOW that it wasn't paid.

    If it isn't yours, fight like hell. But, even though these sleazebags buy debt for pennies on the dollar, they usually get the paperwork that goes along with it.

    excon

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