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Frequent Contributor
Posts: 313
Registered: ‎04-01-2007
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Re: LVNV Judgement

[ Edited ]
Why am I getting the feeling that if you receive anything from these clowns, you would be better off just paying what they say you owe?
They say they sent a notice, you didn't get the notice.
They tell the judge they sent it, that's good enough for them.... total BS
Shouldn't they have to PROVE they sent communication, Shouldn't they have to PROVE the debt?

Message Edited by Lori344 on 07-12-2007 12:12 PM
Frequent Contributor
Posts: 265
Registered: ‎06-12-2007
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Re: LVNV Judgement

That's exactly why I'm filing an appeal.  I think it's ridiculous to pay for something that may not be your reponsibility.  If consumers have to show proof, then LVNV should have to show proof.  There has to be something legally that we, as consumers, should be able to do.  Whenever I finally get this straightened out, I want to see physical proof, in front of my eyes, the original contract for this supposed sears contract, including a signature that's mine, as well as a % rate, total of bill, charges that go along with it, yada yada yada....  If they can't show me that, then why should they have a case?  Who agrees with me out there?  Am I being unreasonable?
New Contributor
Posts: 63
Registered: ‎05-07-2007
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Re: LVNV Judgement

Hopefully this will help.
Debt Validation:
Debt Validation is a procedure used by certain Federal Agencies that Administer the Fair Credit Act and similar laws; and regulations, established by the Federal Agencies. Basically, those laws set forth a person's right to have a Debt Validated (under Federal laws and/or regulations). Federal Debt Validation proceedures are therefore most useful when filing a Complaint within a Federal Agency or Federal Court.
Claims filed in State Courts follow State laws and operate under the Rules of Civil or Criminal procedures (Civil for money debts). The Judge in State Courts will make his/her Judgment based on a Preponderance of the Evidence presented pursuant to the Rules of Evidence.
The presence or lack of Debt Validation documentation or evidence is one  factor that weighs upon the overall Preponderance of Evidence. Under State Rules of Civil procedure a Demand for Debt Money Due is made and is commonly called a Demand Letter. This is the basis for the Complaint and is sent by mail to debtors last know address.
The Complaint sets forth the Jurisdiction of the State Court and alleges the substance of the Debt (name, amount, dates  etc.) and is based on the Demand for Debt Money Due. This Complaint is Served at Debtors last know address in person or by posting. Respondent has 30 days to respond. Then a Hearing date is scheduled by the Court. The Hearing will be held under the Rules of Civil procedure, the Claimant or Respondent will prevail based on a Preponderance of the Evidence shown in Court and this may include documentation and/or testimony evidence and all other evidence lawful under the States Rules of Evidence and may include but is not limited to various forms of Validating a Debt.
A Hearing can be Vacated. A Judgment can not be Vacated. A Judgment can be deferred, set aside, appealed etc. But can not be Vacated.

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