Been Served-What next

[OaimeeO]

My husband recieved a Summons to court that he is being sued by LVNV Funding LLC.  We have no acknowledgement of what the debt is even for. I'm sure they are suing off a debt that they purchased, but we have no idea what, since the amount is for far more than the account we think it may be linked to.  They are suing him for $1350 plus court fees.The original cc that it might be linked to is $236. I'm sure there are amazing fees tacked onto that.  How can we find out what the original debt is? And how should he proceed with the summons? He would like to disagree with the claim, unless he finds out that it is something he owes, and then he would like to try to settle prior to the court date with a payment plan. I just want to go about this the right way to prevent a judgment from reaching his credit report. I had one back in 2007 and made a 'payment plan' prior to the court date, which the plantiffs lawyer told me that I did not have to attend the court date since I was already in a payment plan, but they still slapped my credit report with a judgement that is FINALLY almost ready to fall off, even though I had paid in full within the year that I was contracted to.

[Shogun]

Always respond to a judgement.  Remember, they don't want you there so they can get whatever they want by default.  If you can contact them and make an arrangement before the court date, show up anyway and advise the judge you've already come to terms.

Have you any means of consulting legal advice in your area?  Someplaces have access for free or discounted fees.

[OaimeeO]

My husband's uncle is an attorney, not sure what his actual specialty is in law, but my husband didn't want to involve him with money issues. He just may have to bite the bullet, lol!

If he disagrees with the claim, but is found somehow to owe it, and makes payment arrangements during the suit, does a judgement still get recorded on his report?

[DaBears]

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@OaimeeO wrote:

My husband's uncle is an attorney, not sure what his actual specialty is in law, but my husband didn't want to involve him with money issues. He just may have to bite the bullet, lol!

If he disagrees with the claim, but is found somehow to owe it, and makes payment arrangements during the suit, does a judgement still get recorded on his report?

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If he comes to agreement with the CA before the court date he can let the judge know that a payment arrangement is in place with the CA. Only the judge can grant the judgement to go through and then it could be put on his credit report. You can seek legal counsel from a consumer attorney as they specialize in consumer law.