Print the value of index0
  • Report:  #351717

Complaint Review: LVNV FUNDING LLC

LINEBARGER GOGGAN BLAIR & SAMPSON LLP And LVNV FUNDING LLC HARASSMENT & FALSE LAWSUITS OVER DEBT ALREADY PAID AUSTIN Texas

  • Reported By:
    Dallas Texas
  • Submitted:
    Wed, July 16, 2008
  • Updated:
    Thu, August 21, 2008
  • LVNV FUNDING LLC
    PO BOX 17307
    AUSTIN, Texas
    U.S.A.
  • Phone:
    800-9885301
  • Category:

In 2001 an account was opened with Sears. In 2002 it was paid in full. In 2004 a collection company sent me a bill, a few payments were made until I realized I was repaying the same debt. Sears/Citibank told me the account was closed. June 2008 I receive a lawsuit from a constable stating that LVNV was suing me for a debt from Sears/Citibank. Copies of payment on the exact account number were sent to this collection law firm and court. The Lawfirm representing LVNV does not have any documentation to prove what they are filing suit against me on. They claim it will take 90 days meanwhile 6% interest will add onto this current amount from 1300 in June to now over 2000. They filed a trial date of 9/23/08. None of the companies can provide me with statements or talk to me about the account in question. The same account that I sent them proof that it was paid. They continue to send me letters saying they will file judgement against me and collect what is owed plus attorney fee's if I don't settle now even though they dont know what I owe the money for. Sears, Citibank and LVNV will not talk to me because of this lawfirm representing them that does not have access to the records. I tell them every week I will pay a debt if it is shown to me. I cannot pay what I already paid and then some to. I refuse to pay the same debt twice. I cannot miss work to go to court. Nobody at any of these companies is letting me see this so called account. They just keep telling me to be patient and file for a motion to postpone the court case and they can't do anything about interest adding up that I just have to wait it out. Nobody will answer my questions, nobody at any of these companies say they can access the account that it is closed and they don't know what it is for. The lawyers at this law firm are never in the office and are constantly moved from case to case. Nobody at this law firm can answer my question. They repeatidly tell me that I am just going to have to "wait it out". They continually tell me they don't know what this debt is for, all they know is the amount and that they were hired by LVNV who purchased this debt from Sears/Citibank

Lynell
Dallas, Texas
U.S.A.

1 Updates & Rebuttals


Kristen

Denver,
Colorado,
U.S.A.

If they can't provide evidence of the debt, they can't collect!

#2Consumer Suggestion

Thu, August 21, 2008

I am an attorney in Colorado, and in this state, if the company trying to collect the debt can't provide proof of the debt (i.e. documentation) they cannot collect on the debt. However, if you don't go to the court date, they will be able to get a default judgment against you, and then you will be out of luck. You need to go to the court date and ask the judge to dismiss the case because they cannot prove that you owe the debt.

Respond to this Report!