I am looking for information on what I should do at this point. I believe I should send some type of request to Stenger and Stenger if I understand this correctly. I am also not aware of this debt. I started rebuilding my credit report a few years ago after nearly losing my house while going through the SSDI process. It killed my credit but I kept the house and pulled through. I got a secured card from Credit One bank. It was for maybe 200 or 250. It had some outrageous yearly fee they take out up front. After a few months I got approved for a capital one card and bestbuy card. After that I closed down the credit one account. My credit was 0 when I did it on the account and they told me it would require no refund. That was the only account I ever had with them. This 946 debt I don't understand because that is way more than I ever had with them and my card was secured. I honestly think the debt is fraudulent.
Additional Information
1. Who is the named plaintiff in the suit?
- LVNV Funding LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
- Stenger & Stenger, P.C.
3. How much are you being sued for?
- $946.36
4. Who is the original creditor? (if not the Plaintiff)
- Credit One Bank
5. How do you know you are being sued? (You were served, right?)
- I received papers directly handed to me
6. How were you served? (Mail, In person, Notice on door)
- In Person
7. Was the service legal as required by your state?
- Yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
- None
9. What state and county do you live in?
- Tennessee Greene County
10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations)
- No idea
11. When did you open the account (looking to establish what card agreement may be applicable)?
- According to the affidavit 7/11/2016
12. What is the SOL on the debt?
- 5 years I believe
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
- I was served and went to the court date on the summons on June 21st, 2018. I was asked if I agree or disagree with the debt. I advised disagree. A trial date was set for August 23,2018. The judge advised I have till August 13th to exchange documents with the other attorney.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
- I have neglected my credit report as I am on disability and typically don't finance things.
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
- No I have not requested debt validation.
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
- The clerks office told me I could not respond before the 1st court date. I went to court and trial date was set. I am now wondering how to respond.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
- The only evidence was the Plantiffs affidavit of indebtness and ownership of account attached to the summons. This seems to be the generic paperwork lvnv provides.