LVNV Funding Summons

[jmr2012]

While at work today I received a call from a man who said he needed to serve me papers.  He stated he wouldn't come to my work but that I could call the issuer and ask to make arrangements to be served at home.  Well I called and it was LVNV who stated it was for a credit card debt.  Since I just looked at my credit report I knew that the debt he was calling about was out of SOL.  I told him that and he made some comment about it being up in May, which I know is not correct.  He then said that we could fix all this with a payment, etc.  The amount he told me was owed was $900, which it was only $307 owed when the card was charged-off.  I then told him that I would be sending a DV letter and he said that at the hearing all the proof of the debt would be there.  He told me that I would be served the summons either at work or home, that he couldn't stop it from being served at work (I was concerned about this).  He attempted to verify my address, etc.  which I didn't do.  I'm certain that the SOL is expired.  Also, I never received a letter from them about the debt, nor are they reporting on my credit report.  The only thing on my credit report is the OC.  I'm not sure how to proceed at this point.  Any advice would be great.  I'm trying to clear up my credit and would like to do the right thing, but I just don't trust this company. 

[guiness56]

Wait and see if they serve you.  If they do, do whatever is required of you such as answer the summons and show up in court.  If you can prove SOL has expired it will be dismissed.

On the other hand, if they never serve you papers and no judgment is rendered, they are in violation of the FDCPA and could face a suit.

What is the DoFD of the OC account? And your state SOL?

[jmr2012]

Its states on my credit report that the date of first delinquency was Feb. 2009.  It shows 90+ days late Feb. 09, Mar. 09 and April 09.  The SOL is 4yrs.

[hopingsoon]

Sorry no help for the OP but curious about something...Is the DoFD when you first became deliquent on your account or when the OC decided to CO?

[madmann26]

I would wait and see if they serve you. Another thing, in order for it to be a true court summons, you have to be an approved servicer by the court. It sounds like what they are doing is trying to pull a fast one.

You could also DV them.

[jmr2012]

The more I think about it the more I'm starting to think that it's possible they are pulling a fast one.  I only say that because the guy called me at work and said that he really didn't want to have to come to my work, that if I called the phone number he provided that they could arrange to have the documents served at my house.  I told him I would call.  About an hour later he called back and stated that I hadn't called yet and he didn't want to get in trouble.  I then called and spoke to the guy at LVNV.  So who knows, at this point I just need to wait it out.

[san_antonio_bear]

Post a complaint on Resurgent Capital Services in Greenville, SC web site at the Better Business Bureau.

The CAPO of LVNV is Resurgent Capital Services  the contact is Modcut

Explain to her the problem and who your dealing with.  She is the Compliance Department Supervisor

edit to remove personal identifying information.

Webhopper

[madmann26]

Please don't post personal information.  It's against the ToS.

[guiness56]

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@hopingsoon wrote:

Sorry no help for the OP but curious about something...Is the DoFD when you first became deliquent on your account or when the OC decided to CO?

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DoFD is when you first defaulted and never brought the account current again before the CO.

[guiness56]

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@madmann26 wrote:

I would wait and see if they serve you. Another thing, in order for it to be a true court summons, you have to be an approved servicer by the court. It sounds like what they are doing is trying to pull a fast one.

You could also DV them.

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Depends on your state laws.