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10-22-2012 07:52 AM
I've been reading the comments regarding LVNV and SOL. I also received a court summons to appear tomorrow for a lawsuit filed against me. LVNV is stating the DOFD is 04/2009 an earlier date than what is repored from the OC of 02/2007 but they also have the DOFD as the same date of the OC 02/2007 on my credit report. My report also states I made a payment to them on 10/2009, which I never did. How is this possible if they are stating my DOFD is 04/2009? The SOL in Virginia is 3 years on open accounts. Please help me to understand.
10-22-2012 08:08 AM
Based on what you are saying, it sounds like they are trying to play some games. You say the court date is tomorrow? You must have received the summons a while ago? Have you done anything as far as requesting documents? If you are just planning to go to court tomorrow and show up and plead your case, I STRONGLY suggest you search for a NACA attorney TODAY, and have them assist you. You will not win this IMHO. Ive sat in court on numerous days to see how it all played out. I was expecting something out of law and order, something where the courts would demand prooof, etc. That was sadly not the case. It was horrible. The attorneys for these JDBs just said people owed the money, and they were granted what they asked for. The same lawyer was there every single day for LVNV, asset, all the regulars. Him and the magistrate were buddy buddy. I watched them outside together, laughing and joking and talking about each others families. Right then and there I knew a regular person would have no chance just walking into court and presenting their case.
LVNV is not known for playing by the rules and being honest. Thats why with an attorney, or with somebody familiar with the process,they almost always lose.
10-22-2012 10:16 AM
Thanks "igids1" I appreciate the response. I recently moved so therefore I'm just getting the summons last week which was forwarded to my new address via mail. It's funny you would mention the judge and LVNV attorney being buddy buddy because the person assisting me with the motions to file said the same thing. The court is not in your favor. I'm preparing now. Wish me luck.
10-22-2012 03:08 PM - edited 10-22-2012 03:11 PM
The DOFD may or may not be the legal issue, depending upon the SOL statute in your state. Expiration of statute of limitations on commencement of legal action varies by state law. It might be the same as the DOFD on the OC account, or it may be irrelevant if your state SOL statute provides for any form of reset.
I presume you will be asserting an SOL defense as a preliminary matter in court. You have the obligation to bring evidence showing the relevant date. So you need to know when it begins, per your state statute, and have evidence to support that date. If reset provisions exist, assume the plaintiff will make that assertion.
DOFD may or may not be relevant to SOL determination, but it is certainly relevant to the separate issue of when their reported collection must be excluded from your CR. Under FCRA 623(a)(5), if the OC reported a DOFD to the CRA, the debt collector is obligated to report that same date. See section 623(a)(5)(B)(i).
If and when issue of accuracy of DOFD becomes relevant, that is the statutory basis upon which to assert their violation.
10-23-2012 05:13 AM
Thanks Robert. LVNV is reporting two different dates as my DoFD. They are reporting the same date as the OC account and there's another date under Major DoFD of 04/2009 but the also reported my last payment as 10/2009. So confusing.