I TOTALLY APPRECIATE YOU SIR!! I have been watching for a while now, been using your advice and a few others, for my own debt cases, representing myself, I have WON both times!! :D The debt, is now gone! :D You guys rock! Keep up the great work!
Perfect!!! This is exactly the sort of document I was sent, and I noticed that chain of previous owners and had already written all that down to ask in court, because I have a right to know the details of who/what has been buying my account and possibly changing numbers on statements and such in favor of the current buyer, whoever that may be, and under what conditions it was sold. I'm really glad to know that this is the right thing to bring up, because judges must LOVE to have the informed defendant tossing out why they have a right to ALL the Purchase Agreements going back to the original owner of the debt. I may be wrong, but I think judges like fighters who have done their homework. Thank you again. I could be wrong in that LVNV LLC gets the accounts nobody else wants, and uses intimidation to collect when if people would just do their homework and fight, LVNV LLC would be out of business. They are like the smallest chipmunk, lowest in rank, who gets a crumb now and then and then uses tactics to make the most out of their crumb. Don't think, "Oh, I've been sued, and now bankruptcy lawyers are crawling out of the woodwork to "help me defend my assets from bankruptcy etc." when they obviously don't know my case. LVNV LLC goes after people who owe very little and are "ungarnishable", meaning they have no way to collect even if they technically win. They count on just suing because some will settle with them even when they shouldn't because they could have won if they had fought it. By the way, I recently received a fancy letter in the mail offering to loan me X dollars, and it wasn't a lot, at an interest rate of.....drumroll.......50.99 %. No joke. It is now in teensy tiny little pieces in the garbage.
My husband was served a summons on Sunday the 28th of January, that LVNV is suing him. The VERY next day a he received a letter from an attorney here in our state (Iowa) offering to help. I emailed them and was told they only settle with LVNV for 50% of the alleged debt, plus the attorney fee and court costs. My question is, how did this attorney have a letter in the mail to us offering to help before he was even served? And, why will they ONLY settle with LVNV for 50%, no mention of being able to fight and win the case. Just get and accept the 50% offer and that’s the best they can do for him? After watching your video, which I’m VERY glad I did, I’m wondering about the PURCHASE AGREEMENTS from Synchrony to Resurgent, and from Resurgent to LVNV. In your opinion, wouldn’t a consumer protection attorney be the first one to want those agreements before offering to settle? Am I missing something?? Thank you for any information you can give me.
It's called collusion. Pretty sure that informing another person of debt without authorization in extrajudiciary manner is a violation of the federal debt collection act...
I LOVE this! I went through this document with you and compared it to my document from LVNV (have a Conference tomorrow). The Affidavit was worded slightly differently from Resurgent, but mostly the same. I can't wait until I have the opportunity to ask them all these questions. I think tomorrow is just a quick review and then it will go to Discovery. I am Pro Se....can't wait to see how this turns out!
@@DurhamG-q3o Court date set for the end of October, but basically I told the attorney's assistant what I expect them to provide. He said they don't have to provide the contracts that went from one company to another (four times). I told him, well it's a reasonable request and I do not owe them a penny. We shall see how it goes in Oct. I'm going to ask for a dismissal because I know they do not have what I need proof of.
Bless you for what you do. Going through this document with you was an eye opener. I never thought I could understand all the language, but you distilled it admirably.
Hey John, I am so glad I discovered and subscribed to your channel. I have learned from this one video how to dissect and defend against an affidavit such as this. Now I know what to look for at least. Thanks, and keep up the good work.
Please go thru a bill of sale John. We all really will appreciate the information. Always very explicit on your videos. Thank you and Have a Happy 2021!
20:00 the question I ask the current debt holder.. what chain of custody did YOU demand to validate / verify ownership and amounts, etc. Was the interest accumulating from each owner and added to the "principle"? How much did you pay fir the bald right to collect? When did you get your brokers license to deal in the debt instruments?
Great inoformation. Im being sued now by midland credit. Im in florida but i already hired a lawyer. I have yet to be served any papers. After watching several of your videos i can now understand how you can win a case against them. With your knowledge i think i could of gone to cort myself and had a good argument to win. But im still going to leave it up to the lawyer. Just subscribed. Good stuff here.
Yes, this is simply a great tear-down! Love more videos like this where we get to know more about things we SHOULD know and are being hidden. Your explanation is great
Hi. Good info. The only thing that worries me is that LVNV can manufacture the "bills of sale" from one collection entity to another since they are intertwined. My issue is I received a summons from LVNV and I've never had any contact either written or phone call from them prior to the summons.
Thank you for this master explication Mr. Watts I like asking if you could talk about the rule 403 and when is the best momentum to object this kind of documents despite it could be admitted as evidence if it the case. Hopefully you can helping us about it.
Dang I have court tomorrow I wish I knew this and I would have wrote them months ago. What do I need to say to get it dismissed and not have to pay anything? Do I just ask them to validate the debt ??
So, if a Debt Buyer she's the Consumer and LVNV puts forth this Affidavit... Once the Affidavit is challenged as "fake" or unsubstantiated resulting in the Plaintiff dismissing the case... Can the Debt Buyer now be sued for violating the FDCPA by using bogus affidavits or failing to produce standing to even sue the Consumer?
Thank you. Beat LVNV in small claims. Similar affidavit was submitted. Also, know the court practice book rules and what needs to be submitted and stated in the affidavit and who is authorized.
Good point -- in some states this is still a killer argument! Do have to be careful as some states are allowing this. It is definitely a trend to allow this which is unfortunate. We just have to have multiple tools when facing these guys.
@aint4nun Do not request purchase agreement in discovery. During the trial, at your closing argument, say that, they have no purchase agreement to show that they own the debt.
@alvarotorres9057 wow I'm so appreciative of this info & you responding. Can I ask is there any more concrete info you would share? Have a date myself soon. Not sure if there is anything I can do to return the favor seriously but lmk & thank you!
There is one of these type accounts on my credit report, listing a unverified address that I never lived at. The post office clearified that the address listed on the account is not a verifiable address, what should I do? I live in Oklahoma, and address for account is in California. These people told me that they would take my home and take my social security disability away from me to collect the debt.
Thanks for the great content! Do you have a video or some examples maybe of a case where they have strong evidence where you would recommend a client to settle before court. Just curious to see what the flip side is. Sounds like most debt buyer lawsuits could be won with the completeness doctrine rule
There is a long chain of owners from Credit One to MHC to FNBM, to the two Sherman originators, LVNV. The signer of the affidavit can't vouch for every transfer at every link in the chain of ownership. Nor can she have "personal knowledge of the policies and procedures and business records other than LVNV, right? "The six blind men and the elephant."
I have two letters bill of sale dated the same day one from MCH receivables,LLL to FNBM,LLC and the other one is from FNBM LLC to Sherman Originator III LLC how can that be done on the same day?
Man i got focked over in east ok. Midland sued me and i hired a attny and paid him. Was told case was won in my favor, and would i want to countersue. I Should have. This closed out in 2017. Now 6 yrs later im getting wage garnishment from court clerk that i had no previous info paperwork, anything. Ive been at same job for 15 yrs. How the heck can they do this without letting me know? Its same case # so i know what it is. I had no one contact me at all and attny reitired. Any ideas what to do. I make $ 300 per week and they are taking 75$ a week. My elderly Mother is dependent on me for help. How can they do this without my day in Court.
Midland sent me the same type of proof by providing capitalone billing and said by law thats all they need for proof and dont have to show me the consumer how they own my account. But when you look at my credit report it show its being disputed but still reporting it on the report as a new account with opening date
In an affidavit if the person states that they are employed as an Legal Specialist but have access to the account via Midland could that be the same as saying they doesn’t clarify that they actually work for Midland?
Toby the affidavit should say who the person works for. Usually it will say, "I am a legal specialist for Midland Credit Management and have access to the files of Midland Funding" or something like that. You want to see if the company the person works for is the same as the plaintiff. If not, they will claim to be the "servicing" company for the plaintiff. It gives you an angle to argue they don't have personal knowledge. Hope that helps John
Hello! Thank you so much for this information. May I please ask a question? Can a creditor have employees who are also notaries that sign affidavits for each other in different roles within the company? For example: I work for a company as a litigation support representative but I am also a notary public and so is my colleague and we both sign the affidavit...I being the litigation support representative and my colleague being the notary.
Curious in your role have you ever been summoned to appear in court? You have a unique perspective being behind the scenes. In my case I am summoning the "custodian of records" among other things I'm using in my defense. Also, I feel like people don't grow up wanting to be affiants and debt collectors. These are roles people play for a paycheck. I just can't get behind this industry at all. The debt collectors really be getting forceful and sometimes angry like dude this is not your company....why you risking raising your blood pressure for this...? they be doing too much.
Resurgent is the main collector for LVNV. Resurgent also hires additional collectors to collect on debts such as Credit Control and True Accord but it’s all LVNV.
Is that notary signed “arlah klugh “? That same signature is listed on my business records affidavit as the representative for lvnv. I would love to send you my business records affidavit. The notary is employed by the companies.
You have to make that decision but I always recommend getting with a lawyer in your state. You can reach out to Blaine Dixon at my firm -- he doesn't actively do debt defense anymore as he is more focused on suing collectors and credit bureaus but he might can give you some advice. www.alabamaconsumer.com/contact-us/ Best wishes John Watts
So is there ever a time when we have to pay? I had a letter in mail from original creditor stating that my account was sold to midland funding and that I still have to pay the debt. Midland included this original paper in the exhibit. They have included where the seller, fifth third band sold junk debt..including mine and provided even my social security number...last payment made...late fees and so on.
Nevermind. I waited till the last minute to respond and thought I could just answer online through government website..they make it too complicated and I couldn't do it. Guess I'm gonna just owe them near 3000... seems so wrong paying someone back I didn't even borrow from. Debt buying shpuld be illegal. I shouldn't owe them 1 cent. It looks to me that the debt buyer paid my debt.
You should never pay a third party. The "original creditor" and the third party debt collector owes you for 1. Invasion of privacy( you never gave permission to share your personal information) 2. Identity theft ( they created a new acct number in your name without your permission) 3. They said you owed a debt(all debt is alleged unless YOU tell them you owe it) 4. They had their company logo on the letter alleging you owe a debt 5. They sent you a letter saying you owe a debt but it was in a positive amt(meaning you gave a credit). Each violation you're entitled to $1,000 per violation and they have to remove it from your credit. These are all consumer laws starting under Title 15.
My husband got one of these. When he called they asked his birthday to confirm identity. They then tried to threaten legal action against him of he didn't pay. He asked when the initial debt was incurred. They told him. It was a hospital bill for when he broke his arm. When he was 12... He tells them that. The guy tries to argue that there's no way he can verify how old he was when it happened. "Except, you have my birthday and the date of billing..." "... I have to go speak to my supervisor..." Yeah, no shit.
They did this to me on a debt I paid 2 months before they bought it I heard nothing about this for years .. I've tried like hell to get this removed. Provided statements etc.. even Experian won't remove help
File a complaint against the credit agencies (Experian, Transunion, Equifax) with the CFPB, Attorney General’s office and the BBB. Send the agencies a cease and desist letter and include your remedy.
Hey John, what if in my case they have the original creditors affidavit stating that everything is true and accurate. I'm sure that will not allow me to use the Hersey rule becuase the affidavit is coming from the original creditor. My question is can I still try and use the Hersey rule becuase there is no witness in court? If so, what would be the reason why I could use the heresey rule? Could it be that I don't know whether the original creditor reviewed my specific account, or has he even seen the purchase agreement to my account. Thanks for your help. 🙏
I have court in the morning against LVNV and they submitted “bill of sales” from all the same companies listed MHC to FNBM to the Sherman companies. “Statements” from credit one bank stating it’s my account and owed balance but the account number is blacked out except the last 4. The rest of the paper work is lines that says Redacted all across the page.
Hey John, I really appreciate your videos. The information in them has been a great eye opener . I have a question maybe you can address someday. I recently heard some information that collection companies cannot collect against senior citizens or even disabled individuals. Is there any truth to that?
Thank you! As far as your question -- some companies may have a policy (formal or informal) not to but there is no law that I know of that would prevent collection. Now they can't garnish social security so that may be what you were mentioning -- as a general rule social security (retirement, disability, etc) can't be touched. Hope that helps! John
OK, I’m running late to the party on this video… However, I’m noticing that this affidavit was filed in August but the lawsuit itself wasn’t filed into December. So the affidavit itself has got to be false because in August it’s calling VNV the plaintive and calling the consumer the defendant how can they be a plaintive and or a defendant before a lawsuit is filed or am I missing something?
LVNV has sent an account to a lawyer in Washington. Can I still send LVNV a letter asking them to validate that they own the debt before being sued or just wait for the lawsuit? The general response I get from lawyers is just file bankruptcy.
My affidavit actually doesn't even have this much content. And my question is who the heck is the person who signed it? I don't know them. And I tried to find out who they were, googled them. Couldn't find them anywhere. It was so generic, saying the same content in the complaint. Nothing of proof, then they sing they are Vice President of Legal Services. No company or anything. Legal Services for what company? Also the Bill of Sale the blocked out the Account number and the ABA number. What are they hiding would be my question. They didn't even include a case number on my docs they served to me.
The original creditor is in violation of the debtor's rights to privacy This is in violation of 15 U.S. Code § 6802 and 5 U.S. Code § 552 the original creditor is sharing the Defendant's private information with a non affiliated 3rd party without consent.
I would get with a consumer lawyer ASAP in your state -- www.consumeradvocates.org/find-an-attorney to see the best way to defend/settle/etc this case. And should you do it on your own or hire a lawyer? If you can find a good lawyer in your state they will help you answer those questions. Best wishes! John Watts
Another great video. I'd love a link to a video on how this case turned out (if possible). I'm also curious to know why you made that remark that Felicia's last statement wouldn't work out too well for her. Again...thanks so much for all you do.
![We TEAR APART a debt collector lawsuit [Midland Credit Management]](http://i.ytimg.com/vi/ZyYx7L1EKmc/mqdefault.jpg)
![We TEAR APART a debt collector lawsuit [Midland Credit Management]](/img/tr.png)
I TOTALLY APPRECIATE YOU SIR!! I have been watching for a while now, been using your advice and a few others, for my own debt cases, representing myself, I have WON both times!! :D The debt, is now gone! :D You guys rock! Keep up the great work!
That's wonderful Brian!! Here is a video with a few thoughts for you -- th-cam.com/video/bDJKjc3tum4/w-d-xo.html
Thanks!
John Watts
Congratulations. I’m currently getting ready for combat. Did you use the arbitration clause
I’d love to know how to proceed against LVNV I’m in Tennessee, but I like your detail and would love more insight
Perfect!!! This is exactly the sort of document I was sent, and I noticed that chain of previous owners and had already written all that down to ask in court, because I have a right to know the details of who/what has been buying my account and possibly changing numbers on statements and such in favor of the current buyer, whoever that may be, and under what conditions it was sold. I'm really glad to know that this is the right thing to bring up, because judges must LOVE to have the informed defendant tossing out why they have a right to ALL the Purchase Agreements going back to the original owner of the debt. I may be wrong, but I think judges like fighters who have done their homework. Thank you again. I could be wrong in that LVNV LLC gets the accounts nobody else wants, and uses intimidation to collect when if people would just do their homework and fight, LVNV LLC would be out of business. They are like the smallest chipmunk, lowest in rank, who gets a crumb now and then and then uses tactics to make the most out of their crumb. Don't think, "Oh, I've been sued, and now bankruptcy lawyers are crawling out of the woodwork to "help me defend my assets from bankruptcy etc." when they obviously don't know my case. LVNV LLC goes after people who owe very little and are "ungarnishable", meaning they have no way to collect even if they technically win. They count on just suing because some will settle with them even when they shouldn't because they could have won if they had fought it. By the way, I recently received a fancy letter in the mail offering to loan me X dollars, and it wasn't a lot, at an interest rate of.....drumroll.......50.99 %. No joke. It is now in teensy tiny little pieces in the garbage.
I was just served a summons from LVNV. I found this video right on time! I'm actually excited to go to court. I took notes and all. Great video.
How did you make out
@@phoenixzero-me7rv it seems people rarely respond.
How did it go ?
How did it go ?
@@phoenixzero-me7rvhow'd it go?
Illinois NEED LAWERS LIKE YOU! HAPPY NEW YEAR. YOU ARE AWESOME!
Thank you for the kind words! Happy new year to you also!
Hey John question for you sir. Do you recommend any? From the Chicago or Central or southern Illinois area or anywhere in between LOL
Yes I need someone like you from Chicago also
My husband was served a summons on Sunday the 28th of January, that LVNV is suing him. The VERY next day a he received a letter from an attorney here in our state (Iowa) offering to help. I emailed them and was told they only settle with LVNV for 50% of the alleged debt, plus the attorney fee and court costs. My question is, how did this attorney have a letter in the mail to us offering to help before he was even served? And, why will they ONLY settle with LVNV for 50%, no mention of being able to fight and win the case. Just get and accept the 50% offer and that’s the best they can do for him? After watching your video, which I’m VERY glad I did, I’m wondering about the PURCHASE AGREEMENTS from Synchrony to Resurgent, and from Resurgent to LVNV. In your opinion, wouldn’t a consumer protection attorney be the first one to want those agreements before offering to settle? Am I missing something?? Thank you for any information you can give me.
It's called collusion. Pretty sure that informing another person of debt without authorization in extrajudiciary manner is a violation of the federal debt collection act...
Go for sanctions, then to disbar.....they violated the fdcpa by performing an unconscionable act in misrepresenting a legal solution....
I LOVE this! I went through this document with you and compared it to my document from LVNV (have a Conference tomorrow). The Affidavit was worded slightly differently from Resurgent, but mostly the same. I can't wait until I have the opportunity to ask them all these questions. I think tomorrow is just a quick review and then it will go to Discovery. I am Pro Se....can't wait to see how this turns out!
well how did it go?
@@DurhamG-q3o Court date set for the end of October, but basically I told the attorney's assistant what I expect them to provide. He said they don't have to provide the contracts that went from one company to another (four times). I told him, well it's a reasonable request and I do not owe them a penny. We shall see how it goes in Oct. I'm going to ask for a dismissal because I know they do not have what I need proof of.
Bless you for what you do. Going through this document with you was an eye opener. I never thought I could understand all the language, but you distilled it admirably.
Thank you! Glad it is helpful....
John Watts
Hey John, I am so glad I discovered and subscribed to your channel. I have learned from this one video how to dissect and defend against an affidavit such as this. Now I know what to look for at least. Thanks, and keep up the good work.
Glad to hear it! Use this as a starting point in your research. Best wishes!
John
Please go thru a bill of sale John.
We all really will appreciate the information.
Always very explicit on your videos. Thank you and Have a Happy 2021!
You too! Thanks for comment. Hope you found the bill of sale video useful -- let me know if any other questions thanks!
20:00 the question I ask the current debt holder.. what chain of custody did YOU demand to validate / verify ownership and amounts, etc. Was the interest accumulating from each owner and added to the "principle"? How much did you pay fir the bald right to collect? When did you get your brokers license to deal in the debt instruments?
Great inoformation. Im being sued now by midland credit. Im in florida but i already hired a lawyer. I have yet to be served any papers. After watching several of your videos i can now understand how you can win a case against them. With your knowledge i think i could of gone to cort myself and had a good argument to win.
But im still going to leave it up to the lawyer.
Just subscribed. Good stuff here.
Yes, this is simply a great tear-down! Love more videos like this where we get to know more about things we SHOULD know and are being hidden. Your explanation is great
Glad you enjoyed it and found value in it. I'm going to be recording new videos starting in January so I'll do more like this also thanks!
John
This was great information and you explained so well. People so lucky to have to you in GA Thanks 🙏
Hi. Good info. The only thing that worries me is that LVNV can manufacture the "bills of sale" from one collection entity to another since they are intertwined. My issue is I received a summons from LVNV and I've never had any contact either written or phone call from them prior to the summons.
I'm in MS and had court today with LVNV. Since the affiant signed this affidavit "under oath" and had it notarized, can they be sued for false claims?
Thank you for this master explication Mr. Watts I like asking if you could talk about the rule 403 and when is the best momentum to object this kind of documents despite it could be admitted as evidence if it the case.
Hopefully you can helping us about it.
going through this right now, no clue what to do.
Dang I have court tomorrow I wish I knew this and I would have wrote them months ago. What do I need to say to get it dismissed and not have to pay anything? Do I just ask them to validate the debt ??
So, if a Debt Buyer she's the Consumer and LVNV puts forth this Affidavit...
Once the Affidavit is challenged as "fake" or unsubstantiated resulting in the Plaintiff dismissing the case...
Can the Debt Buyer now be sued for violating the FDCPA by using bogus affidavits or failing to produce standing to even sue the Consumer?
Thank you. Beat LVNV in small claims. Similar affidavit was submitted. Also, know the court practice book rules and what needs to be submitted and stated in the affidavit and who is authorized.
Object to any affidavit by a debt collector by hearsay. That affidavit can not testify to the accuracy of a another business's records.
Good point -- in some states this is still a killer argument!
Do have to be careful as some states are allowing this. It is definitely a trend to allow this which is unfortunate. We just have to have multiple tools when facing these guys.
Do you request purchase agreement during trial or during discovery?
Please lmk if you found an answer to this?
@aint4nun Do not request purchase agreement in discovery. During the trial, at your closing argument, say that, they have no purchase agreement to show that they own the debt.
@alvarotorres9057 wow I'm so appreciative of this info & you responding. Can I ask is there any more concrete info you would share? Have a date myself soon. Not sure if there is anything I can do to return the favor seriously but lmk & thank you!
Please do more videos like this. It was very informative. Learned a lot from this video. Thank you.
Will do thank you for the suggestion!
There is one of these type accounts on my credit report, listing a unverified address that I never lived at. The post office clearified
that the address listed on the account is not a verifiable address, what should I do? I live in Oklahoma, and address for account is in California. These people told me that they would take my home and take my social security disability away from me to collect the debt.
Wondering if i should request the Purchase Agreement when I submit my grounds for defense. Can I subpena the person on the affidavit?
Thanks for the great content! Do you have a video or some examples maybe of a case where they have strong evidence where you would recommend a client to settle before court. Just curious to see what the flip side is. Sounds like most debt buyer lawsuits could be won with the completeness doctrine rule
There is a long chain of owners from Credit One to MHC to FNBM, to the two Sherman originators, LVNV. The signer of the affidavit can't vouch for every transfer at every link in the chain of ownership. Nor can she have "personal knowledge of the policies and procedures and business records other than LVNV, right? "The six blind men and the elephant."
I have two letters bill of sale dated the same day one from MCH receivables,LLL to FNBM,LLC and the other one is from FNBM LLC to Sherman Originator III LLC how can that be done on the same day?
Man i got focked over in east ok. Midland sued me and i hired a attny and paid him. Was told case was won in my favor, and would i want to countersue. I Should have. This closed out in 2017. Now 6 yrs later im getting wage garnishment from court clerk that i had no previous info paperwork, anything. Ive been at same job for 15 yrs. How the heck can they do this without letting me know? Its same case # so i know what it is. I had no one contact me at all and attny reitired. Any ideas what to do. I make $ 300 per week and they are taking 75$ a week. My elderly Mother is dependent on me for help. How can they do this without my day in Court.
Thank you for simplicity.
Thanks! I have to keep it simple for myself. :)
Midland sent me the same type of proof by providing capitalone billing and said by law thats all they need for proof and dont have to show me the consumer how they own my account. But when you look at my credit report it show its being disputed but still reporting it on the report as a new account with opening date
In an affidavit if the person states that they are employed as an Legal Specialist but have access to the account via Midland could that be the same as saying they doesn’t clarify that they actually work for Midland?
Toby the affidavit should say who the person works for. Usually it will say, "I am a legal specialist for Midland Credit Management and have access to the files of Midland Funding" or something like that.
You want to see if the company the person works for is the same as the plaintiff. If not, they will claim to be the "servicing" company for the plaintiff.
It gives you an angle to argue they don't have personal knowledge.
Hope that helps
John
@@johngwatts Thank you!!
I have learned so much from your years of videos. Thank you! Do you have a firm in south idaho you can recommend?
Hello! Thank you so much for this information. May I please ask a question? Can a creditor have employees who are also notaries that sign affidavits for each other in different roles within the company? For example: I work for a company as a litigation support representative but I am also a notary public and so is my colleague and we both sign the affidavit...I being the litigation support representative and my colleague being the notary.
Curious in your role have you ever been summoned to appear in court? You have a unique perspective being behind the scenes. In my case I am summoning the "custodian of records" among other things I'm using in my defense. Also, I feel like people don't grow up wanting to be affiants and debt collectors. These are roles people play for a paycheck. I just can't get behind this industry at all. The debt collectors really be getting forceful and sometimes angry like dude this is not your company....why you risking raising your blood pressure for this...? they be doing too much.
So My credit shows LVNV reporting collection accounts but resurgent is sending me mail saying I owe for the same account what should I do
Resurgent is the main collector for LVNV. Resurgent also hires additional collectors to collect on debts such as Credit Control and True Accord but it’s all LVNV.
Is that notary signed “arlah klugh “? That same signature is listed on my business records affidavit as the representative for lvnv. I would love to send you my business records affidavit. The notary is employed by the companies.
I have this same affidavit, I have court 8/2 , should I fight this in court, is it to late to hire an attorney? Im in Tn. Please help me?
You have to make that decision but I always recommend getting with a lawyer in your state. You can reach out to Blaine Dixon at my firm -- he doesn't actively do debt defense anymore as he is more focused on suing collectors and credit bureaus but he might can give you some advice.
www.alabamaconsumer.com/contact-us/
Best wishes
John Watts
I have bill of sales from all those companies and Declaration of account transfer how do you if they are real
Keep them coming. THANK YOU
Very welcome -- thanks for watching!
You my friend are a life saver
Thank you!
So is there ever a time when we have to pay?
I had a letter in mail from original creditor stating that my account was sold to midland funding and that I still have to pay the debt. Midland included this original paper in the exhibit. They have included where the seller, fifth third band sold junk debt..including mine and provided even my social security number...last payment made...late fees and so on.
Nevermind.
I waited till the last minute to respond and thought I could just answer online through government website..they make it too complicated and I couldn't do it. Guess I'm gonna just owe them near 3000... seems so wrong paying someone back I didn't even borrow from. Debt buying shpuld be illegal. I shouldn't owe them 1 cent. It looks to me that the debt buyer paid my debt.
You should never pay a third party. The "original creditor" and the third party debt collector owes you for 1. Invasion of privacy( you never gave permission to share your personal information) 2. Identity theft ( they created a new acct number in your name without your permission) 3. They said you owed a debt(all debt is alleged unless YOU tell them you owe it) 4. They had their company logo on the letter alleging you owe a debt 5. They sent you a letter saying you owe a debt but it was in a positive amt(meaning you gave a credit). Each violation you're entitled to $1,000 per violation and they have to remove it from your credit. These are all consumer laws starting under Title 15.
@@QuitaASavagethis is helpful
My husband got one of these. When he called they asked his birthday to confirm identity. They then tried to threaten legal action against him of he didn't pay. He asked when the initial debt was incurred. They told him.
It was a hospital bill for when he broke his arm. When he was 12...
He tells them that. The guy tries to argue that there's no way he can verify how old he was when it happened.
"Except, you have my birthday and the date of billing..."
"... I have to go speak to my supervisor..."
Yeah, no shit.
They did this to me on a debt I paid 2 months before they bought it I heard nothing about this for years .. I've tried like hell to get this removed. Provided statements etc.. even Experian won't remove help
File a complaint against the credit agencies (Experian, Transunion, Equifax) with the CFPB, Attorney General’s office and the BBB. Send the agencies a cease and desist letter and include your remedy.
Hey John, what if in my case they have the original creditors affidavit stating that everything is true and accurate. I'm sure that will not allow me to use the Hersey rule becuase the affidavit is coming from the original creditor. My question is can I still try and use the Hersey rule becuase there is no witness in court? If so, what would be the reason why I could use the heresey rule? Could it be that I don't know whether the original creditor reviewed my specific account, or has he even seen the purchase agreement to my account. Thanks for your help. 🙏
I have court in the morning against LVNV and they submitted “bill of sales” from all the same companies listed MHC to FNBM to the Sherman companies. “Statements” from credit one bank stating it’s my account and owed balance but the account number is blacked out except the last 4. The rest of the paper work is lines that says Redacted all across the page.
Wat state are you in?
@@burtonandsononthegoautollc9110 I’m in Georgia, I lost my case. Now I’m trying to figure out if I should do an appeal
@@Aye.Alexandriaany idea on why you lost?
Hey John, I really appreciate your videos. The information in them has been a great eye opener .
I have a question maybe you can address someday. I recently heard some information that collection companies cannot collect against senior citizens or even disabled individuals. Is there any truth to that?
Thank you!
As far as your question -- some companies may have a policy (formal or informal) not to but there is no law that I know of that would prevent collection.
Now they can't garnish social security so that may be what you were mentioning -- as a general rule social security (retirement, disability, etc) can't be touched.
Hope that helps!
John
What if I send a $5 payment to the original debtor prior to the trial? Would that destroy the legitimacy of the debt Buyers suit?
I was just sued by LVNV. I have a court date. Can you help me?
MINE DEOSNT SHOW THE SELLING TO, BUT I HAVE A FILE FULL TRACKING THIS ACCOUNT FROM CLOSE WITH ORGI CREDITOR TO MULTIPLE COLLECTIONS TO NOW A SUIT.
Thank you for the great information as it is very helpful.
Love your information!!!
Thanks!!
OK, I’m running late to the party on this video…
However, I’m noticing that this affidavit was filed in August but the lawsuit itself wasn’t filed into December.
So the affidavit itself has got to be false because in August it’s calling VNV the plaintive and calling the consumer the defendant how can they be a plaintive and or a defendant before a lawsuit is filed or am I missing something?
Nice job on this one, John. Thanks.
You are welcome -- hope you are doing great Wanda!
John
can they attach your social security income?
Hell no. Federal funds can't be garnished. You'd be able to have a judgment against you, but you'd be judgment proof.
VERY, VERY IMFORMATIVE VIDEO THANK YOU FOR POSTING IT😊
Thankyou so much very informative videos.
Nothing like filing a Motion to Compel to watch the attorneys for these companies squirm and buckle. 😂
That's what I did but I haven't heard anything yet.
Great job, well done.
GREAT information. Thank you ;)
Very welcome!
John Watts
Wouldn't the 3 year statute of limitations to sue in SC have already passed?
Excellent!
Thanks for the comment and watching!
john watts
Awesome video!
Thanks!
Appreciate you watching and commenting.
Have a great eve!
@@johngwatts you're welcome, likewise.
Love this
Thanks and glad it was helpful!
*Great Content*
LVNV has sent an account to a lawyer in Washington. Can I still send LVNV a letter asking them to validate that they own the debt before being sued or just wait for the lawsuit? The general response I get from lawyers is just file bankruptcy.
Here's a video for you -- thanks for the question! th-cam.com/video/ILxtZ_2uchM/w-d-xo.html
My affidavit actually doesn't even have this much content. And my question is who the heck is the person who signed it? I don't know them. And I tried to find out who they were, googled them. Couldn't find them anywhere. It was so generic, saying the same content in the complaint. Nothing of proof, then they sing they are Vice President of Legal Services. No company or anything. Legal Services for what company? Also the Bill of Sale the blocked out the Account number and the ABA number. What are they hiding would be my question. They didn't even include a case number on my docs they served to me.
🔥🔥🔥
Awesome
Thanks glad you liked it!
The original creditor is in violation of the debtor's rights to privacy This is in violation of 15 U.S. Code § 6802 and 5 U.S. Code § 552 the original creditor is sharing the Defendant's private information with a non affiliated 3rd party without consent.
They just left papers on my door
I would get with a consumer lawyer ASAP in your state -- www.consumeradvocates.org/find-an-attorney to see the best way to defend/settle/etc this case. And should you do it on your own or hire a lawyer?
If you can find a good lawyer in your state they will help you answer those questions.
Best wishes!
John Watts
Sorry to tell you this, but your mic isn't plugged in. No sound!
@Live Core Productions Ok. It's working now. Brand new phone, not sure what that was
Really great information. Double thumbs up
Its been a long day and I hopefully turned the mic on! :). Thanks for watching and enjoy the new phone!
@@johngwatts loud and clear
🙏🙏🙏🙏🙏🙏🙏🙏
Very welcome!
👍🏽
How could one have personal knowledge that a legal fiction kept records? I thought a legal fiction was like…imaginary.
Hey John, what if you are mentally incompetent such a legally disabled by SSA and receive SSDI.
Then if they sue and win a judgement, they won’t be able to garnish anything because all federal income is judgement proof.
Another great video.
I'd love a link to a video on how this case turned out (if possible).
I'm also curious to know why you made that remark that Felicia's last statement wouldn't work out too well for her.
Again...thanks so much for all you do.