LVNV collection

[LdiJ]

The fact that your mother falsified an identify theft/fraud affidavit is probably going to be bad news for her.

Why do you think it was filed falsely? At the time she filed that I am quite sure that she believed that the debts had been erased so that the debt they were trying to collect had to be something new due to identity theft. Apparently the debts had already dropped off her credit report so she had no idea they existed.

 

[Zigner]

Why do you think it was filed falsely? At the time she filed that I am quite sure that she believed that the debts had been erased so that the debt they were trying to collect had to be something new due to identity theft. Apparently the debts had already dropped off her credit report so she had no idea they existed.

For a "fraud" affidavit, she would have had to certify that THAT SPECIFIC ACCOUNT was a fraudulent account. Had she done a minimal amount of investigation, she would have discovered what was going on. The affidavit was false.

 

[LdiJ]

For a "fraud" affidavit, she would have had to certify that THAT SPECIFIC ACCOUNT was a fraudulent account. Had she done a minimal amount of investigation, she would have discovered what was going on. The affidavit was false.

False implies deliberate. I agree that the affidavit was mistaken.

 

[Zigner]

False implies deliberate. I agree that the affidavit was mistaken.

I disagree. This speaks to what a reasonable person could be expected to do. A reasonable person would put at least a little effort in to researching the matter.

 

[Proserpina]

To clarify one teeny little issue:

Fraud is one of the crimes which can fall into the CIMT category; it's by no means a slam dunk for the State, but it can lead to deportation proceedings.

Now with that said, permanent residency does not expire. The card itself (I-551) may expire, but not the status.

 

[Jeran]

Then unless the creditors got judgments, they should also be past the statute of limitations. Georgia's statute of limitations is 6 years.

Finally someone mentioned the statute of limitations.

For the original poster of this thread, do A LOT of reading about the statute of limitations, and make sure you fully understand it before doing anything. In some states, making a payment will reset it.

I have dealt with LVNV in the past. They came after me for old debts in the past.

 

[Zigner]

Finally someone mentioned the statute of limitations.

For the original poster of this thread, do A LOT of reading about the statute of limitations, and make sure you fully understand it before doing anything. In some states, making a payment will reset it.

I have dealt with LVNV in the past. They came after me for old debts in the past.

I guess you missed the part about he BK and about the JUDGMENT.

 

[Jeran]

Why do you think it was filed falsely? At the time she filed that I am quite sure that she believed that the debts had been erased so that the debt they were trying to collect had to be something new due to identity theft. Apparently the debts had already dropped off her credit report so she had no idea they existed.

For the original poster of this thread. After about 7 years after an account first becomes past due, the account will drop off of a person's credit report. I had a lot of past due accounts on my credit report, and I never paid them, but now that more than 7 years have passed, my credit report is clean again. Absolutely no negatives on it.

Those old defaulted accounts are still out there, but at this point they are worthless. The statue of limitations for filing and winning a lawsuit against me has long since passed. All they can do now is call me on the phone about it and send me letters about it. I can stop those by sending them a cease and desist communications letter. If they are dumb enough to file a lawsuit, I can file a written answer to the lawsuit using the statute of limitations as an affirmative defense against their lawsuit, and then I can sue them for $1000 for violating the Fair Debt Collection Practices Act

By the way, read that act, it has a lot of important information for you right now.

 

[Jeran]

I guess you missed the part about he BK and about the JUDGMENT.

Oh Ziggy!

If they did sue her, she obviously was never served, so it must have been some kind of sewer service. I would not put that past good old LVNV.

If they already have a judgment, and if she still owes a lot of other debts besides this one, maybe chapter 7 bankruptcy would be the right way to go for her. Talk to a few bankruptcy attorneys about her options in this mess.

 

[headunderwater]

An update: called LVNV today and I said that I wanted to settle and the guy told me I had to fax them a letter saying that this was not in fact fraud. I don't think I can justify calling it fraud anyway, so that's not a big deal.

However, the statute of limitations thing is very interesting. All of these debts (without exception) were definitely incurred before '08, however, I'm looking at all the paperwork we've been sent and one from LVNV notifying us of our garnishment has LVNV as an assignee of North Star Capital, who are in turn an assignee of Wells Fargo, where the original account was. The judgment date from North Star Capital is 6/14/10 -- which is bizarre because we haven't ever heard from North Star. Would the statute of limitations start beginning in 2010?

Can we argue that we were never served for that?

LVNV has taken 150$ out of my mother's paycheck this last month, is this enough to refresh the debt? My parents separated in early June of '08 and the garnishment began in May 2014. I'm not sure when the last payment on the account was but it was probably several months before my parents separation. How did they even secure a judgment if this is the case?

And I cannot begin to show my gratitude for everyone replying, it is helping tremendously.

 

[Proserpina]

Oh Ziggy!

If they did sue her, she obviously was never served, so it must have been some kind of sewer service. I would not put that past good old LVNV.

If they already have a judgment, and if she still owes a lot of other debts besides this one, maybe chapter 7 bankruptcy would be the right way to go for her. Talk to a few bankruptcy attorneys about her options in this mess.

How on earth can you possibly know whether or not service was perfected? Obviously there is more than one acceptable method.

 

[Proserpina]

An update: called LVNV today and I said that I wanted to settle and the guy told me I had to fax them a letter saying that this was not in fact fraud. I don't think I can justify calling it fraud anyway, so that's not a big deal.

However, the statute of limitations thing is very interesting. All of these debts (without exception) were definitely incurred before '08, however, I'm looking at all the paperwork we've been sent and one from LVNV notifying us of our garnishment has LVNV as an assignee of North Star Capital, who are in turn an assignee of Wells Fargo, where the original account was. The judgment date from North Star Capital is 6/14/10 -- which is bizarre because we haven't ever heard from North Star. Would the statute of limitations start beginning in 2010?

Can we argue that we were never served for that?

LVNV has taken 150$ out of my mother's paycheck this last month, is this enough to refresh the debt? My parents separated in early June of '08 and the garnishment began in May 2014. I'm not sure when the last payment on the account was but it was probably several months before my parents separation. How did they even secure a judgment if this is the case?

And I cannot begin to show my gratitude for everyone replying, it is helping tremendously.

The SOL for collecting on the judgment would start ticking in 2010.

(Because they probably used an alternate means of service - generally no problem for them at all)

 

[Zigner]

An update: called LVNV today and I said that I wanted to settle and the guy told me I had to fax them a letter saying that this was not in fact fraud. I don't think I can justify calling it fraud anyway, so that's not a big deal.

However, the statute of limitations thing is very interesting. All of these debts (without exception) were definitely incurred before '08, however, I'm looking at all the paperwork we've been sent and one from LVNV notifying us of our garnishment has LVNV as an assignee of North Star Capital, who are in turn an assignee of Wells Fargo, where the original account was. The judgment date from North Star Capital is 6/14/10 -- which is bizarre because we haven't ever heard from North Star. Would the statute of limitations start beginning in 2010?

Can we argue that we were never served for that?

LVNV has taken 150$ out of my mother's paycheck this last month, is this enough to refresh the debt? My parents separated in early June of '08 and the garnishment began in May 2014. I'm not sure when the last payment on the account was but it was probably several months before my parents separation. How did they even secure a judgment if this is the case?

And I cannot begin to show my gratitude for everyone replying, it is helping tremendously.

I am curious why are you offering any sort of settlement? This is not your debt.

 

[single317dad]

Why do you think it was filed falsely? At the time she filed that I am quite sure that she believed that the debts had been erased so that the debt they were trying to collect had to be something new due to identity theft. Apparently the debts had already dropped off her credit report so she had no idea they existed.

That affidavit requires a sworn statement that a specific account is not known to the affiant. If she thought it had been discharged, she should have said so, not claimed it wasn't hers at all.

 

[single317dad]

An update: called LVNV today and I said that I wanted to settle and the guy told me I had to fax them a letter saying that this was not in fact fraud. I don't think I can justify calling it fraud anyway, so that's not a big deal.

However, the statute of limitations thing is very interesting. All of these debts (without exception) were definitely incurred before '08, however, I'm looking at all the paperwork we've been sent and one from LVNV notifying us of our garnishment has LVNV as an assignee of North Star Capital, who are in turn an assignee of Wells Fargo, where the original account was. The judgment date from North Star Capital is 6/14/10 -- which is bizarre because we haven't ever heard from North Star. Would the statute of limitations start beginning in 2010?

Can we argue that we were never served for that?

LVNV has taken 150$ out of my mother's paycheck this last month, is this enough to refresh the debt? My parents separated in early June of '08 and the garnishment began in May 2014. I'm not sure when the last payment on the account was but it was probably several months before my parents separation. How did they even secure a judgment if this is the case?

And I cannot begin to show my gratitude for everyone replying, it is helping tremendously.

You need to talk to an attorney before you start agreeing to any settlements or retracting statements previously made.

Correction: YOUR MOTHER needs to speak with an attorney. Right away.