LVNV funding is taking me to court, need help!

[misfits138]

This is my first time being sued and I'm not sure what to do, I cannot pay a lawyer and pay the debt at the same time. I would like to somehow settle this out of court for less than the full amount but I'm not sure how to go about that the smart way. They're suing me for an old $705 credit one bank card debt plus interest from 2007... heres what I recieved in the mail today.

http://img525.imageshack.us/img525/9572/doc1fu.jpg

http://img546.imageshack.us/img546/7420/doc2u.jpg

http://img140.imageshack.us/img140/3623/doc3l.jpg

http://img9.imageshack.us/img9/7299/doc4k.jpg

Fixed,sorry.

and heres the account details from myfico

http://img13.imageshack.us/img13/4558/screenshot001tot.jpg

http://img155.imageshack.us/img155/5884/screenshot001bte.jpg

How do I settle this the right way? I don't see a court date yet, just a time limit to respond to the court and attorney. I really don't want a judgement on my CR.

---

Hello and welcome to myFICO.

I removed the 1st and 3rd pictures you posted because full names were shown and this is a very big privacy concern. If you will mask those names you can then re-post.

Thanks for your understanding - MarineVietVet, myFICO moderator

[lazerz69]

First, you need to get a consultation with an attorney in your county.  Almost all attorneys will provide a free consultation.  Check with the local county bar association in your area to find an attorney who deals in debt collection law.  You need to immediately determine the statute of limitations in your state.  Further, there are issues when a account has been "assigned" for collection.  In some states, all I know is California, the person who is suing must established that the account has been in fact assigned and that they, (the CA), have the legal right to bring the lawsuit.

Finally, you MUST file a responsive pleading.  This means filing an answer to the complaint.  If you do not file a TIMELY responsive pleading the CA will get a default judgment and will begin collection activities, including wage garnishment and bank levies.

The information in this reply is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information in this reply is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

[Anonymous]

Your my FICO shows the DOFD as 07/2007 whereas the lawsuit pprwork they sent you shows sometime in 2008. You definitely need to speak to a lawyer. I used to think I couldn't afford one either but now I'm with pre-paid legal and I pay 20 a month and have lots of benefits and those have all been helpful. I just recently found that the SOL in FL is 5 years from date of last payment and my PP Legal has helped with a number of things including writing letters for me and being able to consult with a lawyer whenever I have any legal concern or matter. They'll actually be helping me with dealing with a private SL so I can avoid being sued.

[misfits138]

Trying to get a lawyer right now. Wish there was a way to do this without the cost of a lawyer and going to court since it's only $705. I noticed they didn't give an account # in their complaint, it just said account # xxxxxxx. Is that standard or is it likely they don't have the account number and other info? Seems like they bought the debt from another CA.

As far as SOL goes Ohio seems to have laws that favor the CA, as far as I can tell its 6 or 15 years so either way it's still within the SOL.

[Anonymous]

Go to court! I went to court for Chase they offered to settle. I declined and we went before the judge. Their attorney asked for a court date then asked for my contact info in case they could not get a witness to testify. She called me the day before court to say that they could not get the witness to come. My case was dismissed with prejudice.
When I got to court it was like a cattle call. There were over 200 people there. They did a roll call and then recessed and let the attorneys try to settle one last time. I was the only one that asked for a court date and proof of my debt. Everyone else settled. But in the end I did not have to pay. It's been a little over a year , they still call from time to time but I ignore the calls.