I was served with papers back in November from a lawyer suing me on behalf of LVNV for $1700, resulting from a $300 Sears card they stated I had. I do recall this account, but I had believed it had been paid in full and closed out by the time I was 21. The only date they had listed was 02/2001, and unfortunately the SOL in my state is 15 ys, so I knew I would have to fight it. And of course I don't have my bank records from 13 years ago to show payment completed on the statement. So I read, and read, and read on the forums!
In my initial phone call to the company I requested documentation that it was in fact my debt. They said they did not yet have that information and that they would call once available. I called again last week because honestly it was the holidays and I was working a lot of overtime and completely forgot that I hadn't heard back from them. Again, this second time they stated they didn't have any information. And I called again last evening since the date was for today. Still, no information.
.....copied from my original questions post......
Went for the small claims court date today, and of course LVNV had not provided their lawyer with any documentation! The lawyer tried to settle with me before going into the court room, but I said no. After all the cases had been called for check in we went back in the hall and she agreed to dismiss my case! But I told her I wanted it dismissed with prejudice since there was no information on the debt and I didn't want to be called back in another year over the same thing and miss work again. She said no. I told her when we went up to sign with the judge I would explain to him that I asked her to file with prejudice and my reason being lack of evidence. We went back into the court room and the judge was very hard on a few of the other lawyers who weren't well prepared. The lawyer pulled me back out and granted the dismiss with prejudice because she STATED the judge will be too hard on her and probably grant it anyway!!! YAY! Thank you to this board for all the reading I have done over the past few weeks about fighting this judgment!!!
So keep at it, if you are served with a judgment, keep reading and listen to the advice from these members! If I had only accepted the dismissal, I would be stuck worrying if they were ever coming after me again. But I was educated and able to get dismissed with prejudice! Be prepared for court, including professonal dress and appropriate manners. You wouldn't believe how the some of the clients were dressed, and the judge seemed to be very harsh on those clients, and lawyers alike!!
Discover IT $17k / US Bank Ace (VSig) $13.5K / US Bank Cash+ (VSig) $13.5k