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I received a summons saying that I was being sued by lvnv collections for a debt. So, I followed the directions and personally delivered a answer to the clerks office. In the answer I asked them to basically prove the debt belonged to me and that the statute of limitations hadn't expired. That was about 2 mths. ago, and I haven't heard or recieved anything. Should I just assume the lawsuit was dropped. I was told that if they can't provide me with the information I requested that they can no longer contact me about this debt and take it off of my credit report. However, the debt this appears on my credit report. Should I deal with the credit bureau directly in trying to remove this derogatory mark or work this out with LVNV?
If it were me, I would want to work it out with LVNVLLC first and make sure that the lawsuit was dropped for sure. I would want something in writing, then worry about the credit bureau. Just my opinion.
I would not assume that it is dropped, did you send them a copy of the information that you filed with the clerks office, you must do that also, the clerks will not forward it on to them.
You are right by doing the debt validation, sometimes after they serve a summons they will let it hang for a long time and then try to take it into arbitration. Stick to your guns on the debt validation, but get to know the laws of fair credit and the laws of your state also. You will have to do some leg work here. The debt forum would be an excellent place to get some advice on this.
Just a reminder---the debt forum byzjon2000 is in this forum (they are affiliated however). Look at the top of your page or this home page and it should say debt forum. That is waht erb1953 is referring to.
The debt forum is really good for situations like this, I spent some time over there figuring out how to get through a bad time.
That is for sure---I can't tell you how much I have learned from both forums since I have been involved with them.
Yes you have to make sure that the debt collector has recieved the information from the clerks office. Be adamant on getting the debt verification and also check your states SOL. Do you believe the debt to still be in SOL?
You have to send them a copy of whatever you file with the clerk of courts, otherwise they do not get it.
Erb, are you involved with a summons, I am and everything that I send to them, I file with the clerk of courts. You must do both, no question.
You should outline these steps Gn. I bet alot of people did not relize the clerks office didn't forward.
Hi byzjon2000
Since you have already asked them to validate your debt and now two months has already expired, you can directly dispute the listing with the three credit bureaus. Send dispute letters to the CRAs along with the proof that you have asked LVNV LLC for proving your debt at the clerks office and they will remove it from your report.
Is it posible to validate after you have paid them off and if they don't honor your request can you get it removed even though it says "paid settled"
That is a question I never seen asked here before erb and its really a good one. Hope you get the answer so I can take a peek.
Hi erb
Actually there is no use of validating the debt if you have already paid it off because they will not be able to validate the debt since it is paid. But the CA or the creditor may not remove the listing from your credit report if you have not made a pay for deletion agreement in writing prior to repayment of your debt.
That is what I thought. I think erb maybe paid a debt before validating and was looking for a way to get it removed. As you can see if you read some of her posts she has been working diligently to improve her credit.
Too bad you did not know the information before you paid them off erb, oh well chalk it up to inexperience.
I would say at least you kn ow it for next time but like most of us here we hope and pray and then hope some more there never will be a next time.
I am sure many people do.
I hope so!
The debt world is such a scary place. The fact is most of America is really living there. We definately aren't the first and last ones to live with debt pressure. Just last year I was cruising along accomplikshing things before my life got throw into turmoil. It caused alot of hefty debt and left me back at square one. wITH THE ECONOMY AND FUTURE BEING WHAT IT IS (dang cap. lock) how are we to pull ourselves free. The extra money I use to use to apply extra to each debt is now spent on the rising food and gas costs. That an just trying to survuve without an emergency or two thrown in the mix.
I know what you mean, but it is times like this that we must learn how to live a little leaner. Once we have accomplished that, if we continue this once we are back on track, imagine what you can save.
True. We have been living on the lean side for a while now. I really don't mind it. Sometimes it takes something like this to put priorities in order. If you think about it where was alot of the extra money going? Sure we could use it to pay off bills but I know I am responsible for some frivilous spending.
Well now that you have figured out that you can live a little leaner, if you ever get back to where you originally was then, you will be further a head if you can continue to live this way. You will spend less and be able to put money away while you are making the money you need too. I think that you will do just fine if you keep this frame of mind.
I always say that if you can live like you are making minimum wage for about six months, it is amazing what you can accomplish.
Thats a good way of looking at it GN. My only problem is back then we could afford it. Now I have too many bills and thats where the "old,leftover" money goes now. What really irritates me is these lkawsuit people. My health care has yet to verify they are entitled to payback. they were suppose to respond to my atty office with in 30 days. It has been almost 6 weeks and notta.
So I got the number and tried contacting themmyself. All I get are answering machines after the secretary transfer me to who I need to talk too. You would think they would want to be paid. Most irritaing is the atty and the subrogation firm for highmark are both in Pittsburgh...streets from each other. I t is not liking I am waiting for a big shopping spree, I just want to pay all these debts off so I can freaking sleep at night.
I hear you and the last thing that you need to hear is to be patient, sometimes I wonder if it is even worth listening to the attornies. Have they sent it certified mail, return reciept requested. I would try that if you can not get an answer from high mark, are you leaving a message when you get the machine? Hope you get some relief soon.
I have left like 4 messages over a period of three days. My atty is suppose to be meeting with "my team" and giving me an update by Friday. Yeah right they say this and I do not hear anything until I call them. Anymore after I speak to the paralegal who always takes my calls I end the conversation "well if you don't call by Friday I will call you".
I never thought of asking if they sent it certified mail. I am going to write that down so I don't forget to ask.