How to handle a civil judgment? LVNV Funding - help!

[Anonymous]

Hi Everyone,

I've been trying to tackle one thing at a time on my reports. I have about 9 accounts in collections from a job loss a year ago. I've been sending PFDs to the accounts that I can afford. Then I come to this civil judgment on my report, listed as the only negative public record, and I'm not sure what to do with it. It is from a Credit One credit card that I wasn't able to pay. I pulled up my TransUnion report and pasted it below. How does a person go about handling this? Why is this report listed as a legal item when all my other accounts are in collections? And 2022 seems very far away so I would like to know how to get this off my reports if possible. Anyone have experience with this matter?

EDIT: I also was just looking at the rest of my TransUnion report and this same account from CreditOne shows up twice more. Do I have any rights against them listing this negative information 3 different times? 

LVNV FUNDING LLC  #444796223045****

C/O RESURGENT CAPITAL SERVICES PO BOX 10497 MS 576 GREENVILLE, SC 29603

(866) 464-1183

Placed for Collection: 06/13/2014 Responsibility: Individual Account Account Type: Open Account Loan Type: FACTORING COMPANY ACCOUNT	Balance: $669 Date Updated: 06/30/2015 Payment Received: $0 Original Amount: $480 Original Creditor: CREDIT ONE BANK N A (Financial) Past Due: >$669<	Pay Status: >In Collection< Date Closed: 06/30/2015
Remarks: ACCT INFO DISPUTED BY CONSUMR; >PLACED FOR COLLECTION<
Estimated month and year that this item will be removed: 10/2020 CREDIT ONE BANK  #444796223045**** PO BOX 98872 LAS VEGAS, NV 89193-8872 (877) 825-3242 Date Opened: 05/10/2013 Responsibility: Individual Account Account Type: Revolving Account Loan Type: CREDIT CARD Balance: $0 Date Updated: 04/14/2015 Payment Received: $0 Last Payment Made: 10/14/2013 High Balance: $429 Credit Limit: $400 Pay Status: >Account paid in Full; was a Charge-off< Terms: Paid Monthly Date Closed: 02/16/2014 >Maximum Delinquency of 120 days in 03/2014 and in 05/2014< Account Sale Info: ACCOUNT SOLD TO SOLD TO ANOTHER LENDER Remarks: DISP INVG COMP-RPT BY GRNTR; PURCHASED BY ANOTHER LENDER; >UNPAID BALANCE CHARGED OFF< Estimated month and year that this item will be removed: 10/2020

DENVER COUNTY COURT - Docket#: 2015C56310

1515 CLEVELAND PL DENVER, CO 80202

(720) 865-7840

Date Filed: 05/06/2015 Date Updated: 06/10/2015	Type: CIVIL JUDGMENT Responsibility: Individual Debt Plaintiff: LVNV FUNDING LLC	Amount: $480 Court Type: Circuit Court
Estimated month and year that this item will be removed: 04/2022

[Anonymous]

Your best chance is the get it vacated by attacking their service as improper.

Did you receive a summons? You need to research the service requirements in  CO, and see if they properly served you or not. You will need to visit the courthouse and get the entire court record for the case.

[Anonymous]

I never received a summons but I did get a letter from a lawyer saying that they would take payments. Of course this was a couple months ago and I had no money to do so. I was never mailed anything about court or anything.

[Anonymous]

There's your path to salvation. They clearly had an address to send you the offer, but were somehow incapable of sending you a summons? Should be a slam-dunk.

[Anonymous]

So from there I just have to go to the courthouse and tell them this and pay the court directly? Or do I contact LVNV and try to settle with them? I would definitely PIF if I could get it removed from my reports...3 different dings from 1 debt less than $500 seems a little predatory and poor business practice. 

[Anonymous]

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@Anonymous wrote:

So from there I just have to go to the courthouse and tell them this and pay the court directly? Or do I contact LVNV and try to settle with them? I would definitely PIF if I could get it removed from my reports...3 different dings from 1 debt less than $500 seems a little predatory and poor business practice. 

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No, no, no. Do not contact LVNV at ALL at this point. You are not going offer to pay ANYTHING at this point. What you want to do FIRST is visit the court clerk and get ALL of the case filings. One of those is going to be a "proof of service". You need to examine that document carefully, because it probably states you were personally served the summons by some person (whose name and signature will appear on the form), when clearly you were not. What you will need to do is file a request to vacate the default judgment on grounds that the service was not performed in accordance with state law. 

You need to get the judgement vacated before making ANY offer of payment to them.

[toi34]

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@Anonymous wrote:

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@Anonymous wrote:

So from there I just have to go to the courthouse and tell them this and pay the court directly? Or do I contact LVNV and try to settle with them? I would definitely PIF if I could get it removed from my reports...3 different dings from 1 debt less than $500 seems a little predatory and poor business practice. 

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No, no, no. Do not contact LVNV at ALL at this point. You are not going offer to pay ANYTHING at this point. What you want to do FIRST is visit the court clerk and get ALL of the case filings. One of those is going to be a "proof of service". You need to examine that document carefully, because it probably states you were personally served the summons by some person (whose name and signature will appear on the form), when clearly you were not. What you will need to do is file a request to vacate the default judgment on grounds that the service was not performed in accordance with state law. 

You need to get the judgement vacated before making ANY offer of payment to them.

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DO THIS ASAP BEFORE YOU DO ANYTHING ELSE!