Cop at my door this morning with papers

[sharlie]

Hi
I am in debt and dont know what to do,this morning a cop handed me papers filed from LVNV FUNDING. From what I can understand from them they are asking
Please admit that the Plaintiff is the assignee of and /or originator of an account in your name.
Please admit that the amount set forth in the plaintiffs petition is correct.
I think this is from a Sears card, I had tried at one time to deal with them and had been told that the 4000 dollar debt would be reduced to 3000 if I made payments of 300 a month which I did 2 mnths but stopped because they never sent me a written statement of our deal and received a call from a lady saying that I owed 4000 and that the 3000 deal was never made .What am I suppose to do with these papers? I am suffering from severe deppression and I dont know how to handle this or what to do.My husband and I are on the verge of divorce over all this crap and I am scared that when I tell him this it will be too much for him to handle. We have other cards that I have not bene paying on. I guess I pretty much have shut down --given up . I know this isnt an excuse but its how I feel at this time. I dont know what to do . I have thought of filing bankruptcy ---any advice would be so very much appreciated
Thanks

[boinga]

I've suffered from depression too.

FIRST -- get some medical help if you aren't already. If you have insurance do what you need to do to get an appointment with a mental health professional. If you have an HMO usually this means contacting a mental health referral line they have. If you don't have insurance, look for a low-cost clinic in your area. The city/county will usually have some mental health office that can help you find something.

You need to get YOU on track before your finances have a chance, whether that's through bankruptcy or not. Marital and financial problems plus depression are too much to handle solo. You need to find a good therapist, and ask about medication as well if you think that might help. Tell your therapist you need help confronting and dealing with your finances.

Once you get an appointment, start looking at your options financially. It's unclear whether these are your own personal debts (separate from husband) or joint. It would really help to set up a budget to see exactly how much money you have after necessary expenses (food, utilities, rent/mortgage) and if there really is a chance to get things on track. I use the "You Need a Budget" software; it is very easy and will help you get a grip on what your situation really is. (youneedabudget.com) Dave Ramsey also has some good info about making finances work, especially with respect to a marriage. You can listen to his program here dave ramsey show

Once you know for sure how your finances stack up, if it looks like there is no way to make ends meet while paying off the debt, read the "stickies" at the top of the forums here. There is a lot of great information there about bankruptcy.

I totally know the feeling of just wanting to hide your head under the covers and ignore it all. But it just gets worse. Hang in there and take charge. It may be hard to look at at first, but it's the only way out. Once you start making even small steps in the right direction it is a HUGE relief.

You've already taken a step by joining this forum!

[SinkingFast]

Is there a Docket Number and a Court Date listed in the papers??

If so, you've been served with a Summons for a Law Suit.

The easiest, quickest thing you can do to stall the situation is file a Response with the Court.

You can ask at the Court House if they have a form you can complete, or if they have a specific format you must use. Follow their instructions.

Your Response can be as simple as you dispute the $$$ amount of their Claim. You've already said as much here. They made a deal with you for $3K and now want more. So formally ask them to account for where the $$$ amount came from.

File your Response close to the end of your time period. Generally you're given 10-30 days to Respond.

Just filing the Response will give you some breathing room, time wise, to work on other things such as Boinga suggested.

[sharlie]

I see no court date? I see the word docket but no numbers next to it ---now I am having a severe anxiety attack at the thought of having to tell my husband ---they just called but I didnt answer..should I try and talk to them>if so what do I say ...really freaking out here

[boinga]

You might want to check out these threads also:

About debt validation letters, and what they are required to provide for you. Usually the consumer sends these to the creditor to get information on a debt.

http://www.bkforum.com/showthread.php?t=15330

If you're not sure whether what you were sent is a validation letter or a court summons, you should probably find a lawyer to take a look at it (If your state has Legal Aid offices, they could provide the same thing for little or no charge.) Mare SURE the claim is legit. LVNV has a pretty bad reputation for fraud.

Listed here as one of the worst collection agencies in the country:

http://www.budhibbs.com/debtcollectorpages/alegis_corp.htm

Scroll down to the bottom half of the page on the site above, then scroll down to the bottom of the red text section. There's a copy of a letter there from LVNV. Is that what yours looks like? If so, I'd definitely NOT respond to them in any way until contacting a lawyer or legal aid service.


See this thread about companies (like LVNV) that purchase debt from other companies in order to make money off it:

http://www.bkforum.com/showthread.php?t=5928

Do a search for "LVNV" on this page to see what others have experienced with them.

http://www.budhibbs.com/agency_watch_list_submissions.htm

http://www.budhibbs.com/agency_watch_list_submissions.htm

Good luck!

[genseeker]

Don't talk to them. You want everything in writing. You can also get help, and learn more about LVNV scum at creditboards.com

[boinga]

Here is another resource that explains what your rights are with collection companies:

National Assoc of Consumer Advocates

http://www.naca.net/debt-collection-abuse/

[boinga]

And a long informational post on LVNV:

http://creditboards.com/forums/index.php?showtopic=288397

[sharlie]

Thanks for the link Boinga and Genseeker
Any one know what I should do with these papers. Do I have to go to the courthouse? Or do I respond to LVNV through mail? I have 14 days. It doesnt have a court date on them?
Thanks

[boinga]

You really need to determine if this is a summons you must respond to, or one of LVNV's bogus debt validation letters.

If it's a summons and you don't respond, you will be found guilty by default and they can then go for your checking account or wages. A summons will typically ask you to respond to the COURT, not to the collection agency. Is there a court name listed on the letter? What is the exact wording on the letter?

Also, are you sure it was a bona fide police officer who delivered it? I wouldn't put it past LVNV to send someone who looks like one, but isn't.

From what I understand a collection agency is not allowed to serve you with a court summons unless they have validated the debt. That means a letter with all the DETAILS of the debt you owe (original creditor, dates of transactions, etc) as well as a statement that they have purchased the account. If that's not in the letter you received, you can write THEM asking for "debt validation" (one of the links above had a sample letter). If they don't provide that within 30 days, they are not allowed to pursue the collection.

Here's a sample of what to do when asking for debt validation:

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Info on court summons and answers (see link there to Washington web site also):

http://www.helpfordebtors.com/node/4#3

[sharlie]

It says this........
You are hearby summoned to comply with the demand contained in the petition of which a true and correct copy(exclusive of exhibits) accompanies this citation or make and appearance either by filing a pleading or otherwise ,the 21st Judicial District Court in and for the Sate of Louisiana within 15 days after the service here of under penalty of default .
2nd page
says pretty much what they say I owe -what they want in lawyer fees and that they pray judgement in favor of LVNV
3RD PAGE
Please admit that the Plaintiff is the assignee of and /or originator of an account in your name.
Please admit that the amount set forth in the plaintiffs petition is correct.
I see no court date only that it be taken care of within 15 days.What do I do? Who do I send this to? HELP -It came from the courthouse and is stamped

[HHM]

This is not something any of us on this board can "walk you through". The lack of court date is not an issue. Unless the case is in small claims court, the summons and complaint will not have any court date. A trial date is only set once the defendant responds to the lawsuit. The 3rd page is a preliminary discovery request, whatever you do, do not fill that out.

Fact of the matter is, you have been sued. You have 3 choices (1) answer the lawsuit and file counter motions, etc, (2) do nothing, (3) file BK soon.

Frankly, you don't have to do anything. But there are consequences to any decision you make. If you are for sure going to file BK, and do so soon, then you don't need to worry about this at all. This board cannot walk you through option (1), you either do your own research, or hire an attorney. This board has some informative posts about how to answer lawsuits, but they are general in nature...you would have to deal with the specifics of your state law and procedure

Basically, you are going to have to come to terms with this one way or the other and you MUST tell your spouse. My suggestion...calm down (I know, easy to say, difficult to do), you have time and this is NOT the end of the world...all the members on this board can attest to that fact. .

[sharlie]

Thank you for your reply. Yes I do need to calm down. And yes I do need to tell my husband. If I do nothing I guess I will be in court if I dont file bankruptcy. If I admit to the debt they could garnish my husbands pay --so many variables. I tried to make arrangements with them once before and after sending in two 300 dollar payments I get a call from someone saying that they needed payment in full and that no deal was ever made for monthly payments.If I try and contact them I have no hope that they will accept monthly payments --so many if's

[HHM]

1. Do not send them any money without anything in writing.
2. Do not admit anything, you are under no obligation to. They are the Plaintiff, the burden is on them to PROVE you owe the money. No need to make it easy for them by admitting it.
3. If you do nothing, the creditor will get a judgment. But that will take time. I suspect, it would take about 30-60 days before the creditor could get a judgment from the court. Only then, can the creditor attempt to garnish wages (assuming your state allows wage garnishment, Texas, South Carolina, and a few others do not).

[GoingDown]

You have some time to brace for impact from the coming judgment. Until you can file bankruptcy, start trying to make yourself as judgment proof as possible. Get your money out of that checking account and savings account for starters. Collection attorneys love to go after easy money first. Get your paperwork in order and prepare to file BK before they get the judgment, and then you won't have to worry about a lien against your real estate.