LVNV Judgement

[sunnyday]

I would like to know how a person should go about the proper procedure in trying to vacate a judgement from LVNV.  My fiance' had a court hearing, which he went to brought on by LVNV.  It is supposed to be from a collection that they bought from Sears.  He is a veteran, and he received a letter from the government that his personal information was compromised because a computer was stolen.  Anyway, with that being said, we were not sure if the debt was valid, so we went to the judgement hearing, asking LVNV for proof that the debt was his.  We had asked to see the original contract, with his signature, and the actual proof of the debt that was supposedly his.  They did not have the proof, but the judge ordered the judgement be granted to LVNV.  In the mail, we received the judgement by the court entered on June 19, 2007.  What steps need to be taken to try and get this resolved?  Any and all suggestions would be highly appreciated

[Anonymous]

Was this a small claims? If so, file an appeal right away I think you only have 30 days after the date judgement was entered.

[sunnyday]

yes, small claims

[Anonymous]

---

sunnyday wrote:

Anyway, with that being said, we were not sure if the debt was valid, so we went to the judgement hearing, asking LVNV for proof that the debt was his.  We had asked to see the original contract, with his signature, and the actual proof of the debt that was supposedly his.  They did not have the proof, but the judge ordered the judgement be granted to LVNV. 

---

Holy moly! I thought they HAD to provide validation!!! That's nuts.

[Anonymous]

ME TOO - that is insane...I screwed up at my hearing & didn't  state the validation they believe is true validation is NOT the validation.

Do you think I can still send the judge a note, I have until July 24 to introduce any 3rd party representation; but I thought perhaps I should just send a copy of the 'validation' they claim they have and state it is NOT validation, no proof they have the right to collect the account from the OC.

[sunnyday]

Just talked to the court, and I'm going to file an appeal tomorrow.  It's that wonderful LVNV, wolpoff and abramson.  I can't even believe that the judge granted these people the judgement.  At the hearing, we had asked to see the original contract of this debt, so we could see if it was actually our debt.  They didn't have it, and the judge took their word for it!  It makes you wonder if LVNV is paying people in high places off or something.

[Boswd]

The only think I can think of in that instance is, depending on your state,   if you don't validate within 30 days of when they first initiated contact with you about the debt and you don't respond, then the debt is assumed to yours and is correct.   After the 30 days they are no longer obligated to validate the debt.   But some states have their own laws about debt validation so I would brush up on your State's laws and see if you can find anything useful

[sunnyday]

LVNV was looking for us for several months, but was going to a wrong address to serve us, probably because it is not our debt, and belongs to somebody else.  They ended up finding where we live, and then served us, and got a hearing date in front of the magistrate, and the rest is history until we get the appeal filed tomorrow.

[sunnyday]

Also, forgot to mention, live in PA

[Anonymous]

I responded to their CA immediately disputing the debt.  In MN it's clear as well as Fed Law, you only need to dispute the debt initially, and can request DV at same time or with their next correspondence.