LVNV Funding papers served

[Wrens_Nest]

I would like some advice please.  I got served papers from LNVN Funding a few nights ago at home, by a Sheriff's Deputy (who seemed embarassed to serve me actually, poor guy) for an acct that was apparently opened in 2006 and closed soon afterwards with original credit limit of $300 and they want almost $1200.  I am going to file with the courthouse and I'm going to make them work for this, because honestly I don't even know if I had this card.  The timeframe is just prior to my divorce - and it hasn't been on my credit report until apparently now.  I did get a letter in the mail from them, and I set it aside to dispute, I don't think it's been 30 days, however it very well may have been.  I certainly never expected them to sue me about it.  So, when I file, and go to court, I'm thinking the only reason they are doing this now is because it should be close to falling off my CR and then they don't get any money.  In the papers they served it has all kinds of info and a copy of a bill but no copies of actual charges made or anything like that.  So my question is this - I can't afford a lawyer, can I just show up and represent myself?  I have no documentation and their paperwork looks like it has all my correct addresses but I don't remember getting anything from them.  What do you suggest?  previous experiences with LVNV?

[Jon85]

When was the DOFD? 

And what state are you in? Depeding on your states SOL you may use that as your defense (just represent yourself) and it'll get tossed off if it is passed your state's SOL. 

[Wrens_Nest]

I am in Iowa now, was in Colorado when the acct was apparently opened.  I don't know what the DoFD was, I will look at the papers they sent me, woudl it say when that was in the papers i was served with?

[Jon85]

I believe the SOL for Iowa is 5 years and Colorado is 6 years--if the account was charged off in 2006, it wouldn't matter which state because they both would be passed SOL. 

The papers you were served with the account information wouldn't list the DOFD--did you check your credit report to see if it's listed on there?

I know you said the account was from 2006--do you have an idea of when you perhaps made a last payment or had the account closed off? Did it go bad in 2006? 

[blk8]

SOL is the first thing LVNV Funding will look at prior to service. I would be shocked it you were passed SOL.

If you plan on representing yourself, and have no defense or documents to back up your defense, be financially prepared to pay.

[Wrens_Nest]

it isn't showing on my credit report, only the CA LVNV is showing up but I will look at the papers when I am home.  I believe it said that last payment was 2007 and closed 2008 but I'm not positive. 

[Wrens_Nest]

I filed a dispute with the court, got the court date for the 16th of this month (May) and 4 days later got something in the mail from them that they have requested a continuance of 90 days.  This was a copy of what they filed with the court apparently.  I would expect to get something from the court that tells me the exact date that has been rescheduled right?  In the papers for the continuance they said they were waiting on statements from the creditor and "expect to receive that soon".  Shouldn't they have already had that to go to court to begin with?  If they didn't even have proof of the debt, I'm glad i denied the debt and am prepared to go to court.

[guiness56]

Yes, you would think they would have had proof. 

I wouldn't wait for something in the mail with the date.  Call and ask the court if it has been scheduled yet.