LVNV Funding LLC - Sent a summons to my employer, I never re

Submitted by ladyluck7117 on Thu, 07/15/2010 - 13:06
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When I got to work this morning I had a message from my legal dept stating the following: I'm writing to inform you that XXX was served with a summons in a matter entitled "LVNV Funding LLC, assignee of Citi-Sears vs. xxx." The summons requires xxx to file an answer which will likely contain certain information pertaining to your wages. I assume that you or your attorney has received a copy of that summons. xxx will ultimately comply with whatever action is ordered by the court pursuant to this summons. You can of course take whatever action you deem is necessary/appropriate in the action or in response to this summons in particular." I was shocked to say the least and contacted my legal department to discuss. They told me I should have been served with a summons, which I NEVER was and if not my attorney should have been, she was not. I am currently filing bankruptcy because I can't afford to live. I support not only my own apt, but pay half of my elderly mothers mortgage or she would have no place to live. I am scared to death, if this company is allowed to attach my wages I may as well move into a cardboard box! Looks like this debt is for a Sears credit card I had 6 years ago. The limit on the card was $1,500 and the summons my legal department faxed over to me shows this company LVNV Funding LLC, claims I owe $6,000. I can't afford to pay and I can't afford to have my wages attached. I googled LVNV Funding which brought me here and now I can see this company is nasty and uses strong arm tactics to force people to pay. Can anyone tell me if they can in fact attach my wages? As I said I am scared to death and don't know what to do. I don't believe I owe this debt and if I did there is no way it was $6,000. Any advice would be appreciated.

Hi ladyluck,

Welcome to this community :)

I think you should consult your attorney about this. This is quite a complex situation. You can also talk to the court clerk about this. As far as I know if you were not properly served, you can file a motion to vacate the judgment. Now, not properly served means not getting served with the summons. However, I have no idea if the letter which you have received can be held as judgment notice.

Thanks,

Aaron

Fri, 07/16/2010 - 06:47 Permalink