DV Judgement????

[heather123]

So, I learned yesterday about a judgement that was awarded to LVNV. I did not receive a summons (although the certificate of service signed by the process server is good enough for the court).

The original debt is mine. It's a charged-off $643 balance from an old Gap credit card. The judgment was awarded to LVNV for principal of $871, $750 in attorney fees, and $130 in court costs, in addition to 10% per anum interest.

LVNV transferred the debt to Frontline Asset Strategies/Centerpoint Legal Solutions on Jan. 4, 2012. I spoke to Kevin from Frontline yesterday; he emailed me a letter on the company letterhead (dated today):

"Current Creditor: LVNV Funding LLC
Original Creditor: GE Capital
Original Creditor#: XXXXXXXXXXXXXXXXXXXX
FAST #: xxxxxxxxxxxx
Case #: xxxxxxxxxx

Your delinquent account has been turned over to Frontline Asset Strategies, LLC for collections. Your total amount due is $2,227.74 as of the date of this letter. The total amount due may change due to interest being added to your account.
Please send full payment by 01/28/12 to satisfy your debt.
Upon payment and clearance of funds, we will notify your current creditor that your account has been satisfied and that you no longer owe on this debt.
Calls to or from this company may be monitored or recorded.

IMPORTANT NOTICE
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose."

#1: if LVNV won a judgement against me, why aren't they trying to get the money from me themselves? Does this whole situation seem odd to anyone else, or is it standard practice? Could there be something not right about their process to obtain the judgement that I'm not aware of and they're trying to avoid revealing it?

#2: Can I DV this with Frontline? I know that LVNV, the attorney who represented LVNV, and Frontline have no further info on this account other than the account numbers because they each told me that on the phone (and I recorded the calls). I called each of them and they sent me in a circle until i was back where I started with Frontline. I accept responsiblity for the $643 that Gap charged off, and even the $871 that LVNV claims as principal, but I think the rest is BS.

[RobertEG]

You can certainly request debt validation at any time, but it has already been to court, and part of the legal proceeding required a showing of your responsibility for the debt.

That, in my mind, in and of itself is debt verification. 

The owner of the debt can choose to secure the services of a debt collector in their collection efforts at any time of their choosing.  Nothing improper or unusual in that.

I presume that they won summary judgment due to your failure to appear.  I would also assume that service of notice of the proceeding was provided to you in a manner acceptable under the laws and procedures of the court, as that is a pre-trial requirement.  If service was improper, the burden would now be on you to motion the court, and provide evidence of failure to comply with the procedures of the court.  Have you consulted an attorney?

Their next step may be to go back to the court and ask for a court-ordered execution of payment of the judgment debt, such as by garnishment of wages or assets.

You have a judgment affirming the legitimacy of the debt and your obligation to pay.  I would consult an attorney.

[heather123]

Yeah, since the summons delivery satisfied the court's needs, I don't have much to go on here. I was thinking about retaining an attorney, but I don't want to take the gamble when it may not be overturned.

If I failed to mention in the previous post, this judgment happened in April 2009, and I just found out about it yesterday. Goes to show that a CR isn't always accurate about that stuff. No judgment showing on the CR, and maybe I can keep it that way by coming to some kind of agreement/arrangement with Frontline.

[RobertEG]

Yeah, the judgment may still pop up as a collection tactic.

Courts usually are not the party who report judgments.  The judgment creditor can report it.  Also, being a public record, they can be found by private firms hired to search public records.

As there efforts to collect the debt intensify, they may use credit reporting as an additional tactic to pressure for payment.  Then you have an additional matter to deal with should you offer a PFD.

[Booner72]

I'm deleting/editing my response bc I just realized you have another post about this.

[winstars]

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@heather123 wrote:

So, I learned yesterday about a judgement that was awarded to LVNV. I did not receive a summons (although the certificate of service signed by the process server is good enough for the court).

The original debt is mine. It's a charged-off $643 balance from an old Gap credit card. The judgment was awarded to LVNV for principal of $871, $750 in attorney fees, and $130 in court costs, in addition to 10% per anum interest.

LVNV transferred the debt to Frontline Asset Strategies/Centerpoint Legal Solutions on Jan. 4, 2012. I spoke to Kevin from Frontline yesterday; he emailed me a letter on the company letterhead (dated today):

"Current Creditor: LVNV Funding LLC
Original Creditor: GE Capital
Original Creditor#: XXXXXXXXXXXXXXXXXXXX
FAST #: xxxxxxxxxxxx
Case #: xxxxxxxxxx

Your delinquent account has been turned over to Frontline Asset Strategies, LLC for collections. Your total amount due is $2,227.74 as of the date of this letter. The total amount due may change due to interest being added to your account.
Please send full payment by 01/28/12 to satisfy your debt.
Upon payment and clearance of funds, we will notify your current creditor that your account has been satisfied and that you no longer owe on this debt.
Calls to or from this company may be monitored or recorded.

IMPORTANT NOTICE
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose."

#1: if LVNV won a judgement against me, why aren't they trying to get the money from me themselves? Does this whole situation seem odd to anyone else, or is it standard practice? Could there be something not right about their process to obtain the judgement that I'm not aware of and they're trying to avoid revealing it?

#2: Can I DV this with Frontline? I know that LVNV, the attorney who represented LVNV, and Frontline have no further info on this account other than the account numbers because they each told me that on the phone (and I recorded the calls). I called each of them and they sent me in a circle until i was back where I started with Frontline. I accept responsiblity for the $643 that Gap charged off, and even the $871 that LVNV claims as principal, but I think the rest is BS.

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How have you learned about the judgement that is not on any of your credit reports??? How do you know it was from April 2009???

[heather123]

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@winstars wrote:

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How have you learned about the judgement that is not on any of your credit reports??? How do you know it was from April 2009???

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I first learned about the judgment on 01/17/12 when I received a message to "call Kevin at Frontline about a legal matter." I called and started talking tough to Kevin at Frontline about how LVNV was past SOL, but he said that they already were awarded a judgment against me in April 2009. I didn't believe him, so I called both courts and gave them the docket # that Frontline told me. They confirmed that Kevin was right and the judgment was real. I went to court the next day and got copies of everything. Paying $310/month now. I offered to settle for $1,200 in 4 installment payments, and Frontline (LVNV) accepted the offer. (Yes, I have it in writing). I don't know why it's not on my credit reports. I'd prefer that it stays that way.

[LS2982]

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@heather123 wrote:

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@winstars wrote:

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How have you learned about the judgement that is not on any of your credit reports??? How do you know it was from April 2009???

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I first learned about the judgment on 01/17/12 when I received a message to "call Kevin at Frontline about a legal matter." I called and started talking tough to Kevin at Frontline about how LVNV was past SOL, but he said that they already were awarded a judgment against me in April 2009. I didn't believe him, so I called both courts and gave them the docket # that Frontline told me. They confirmed that Kevin was right and the judgment was real. I went to court the next day and got copies of everything. Paying $310/month now. I offered to settle for $1,200 in 4 installment payments, and Frontline (LVNV) accepted the offer. (Yes, I have it in writing). I don't know why it's not on my credit reports. I'd prefer that it stays that way.

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Fingers crossed it stays that way!!!