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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33069
Experience:  16+ yrs. of legal experience.
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I just received a summons on 12/9 stating I was being sued

Customer Question

I just received a summons on 12/9 stating I was being sued by LVNV Funding (Citi Financial is the "plaintiff" however debt was purchased by LVNV Funding at the end of October). I never received notice that they purchased this debt so I wasn't able to seek validation of debt - they went straight from purchasing account to suing me. At last notice, this debt was being collected by Green Tree Servicing. I live in NJ and I have until 1/18/16 to file my answer to the court. I'm not sure how to handle this - I don't know if the amount demanded is accurate and it they have a legal right to this debt.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

That is what the lawsuit is for. That is, I understand you are not clear of they own the debt. In order for them to obtain a judgment, they have the burden to prove

1. That you owe money (and specifically how much)

2. That you breached your agreement with the original lender (by not paying as required by the agreement)
3. That they now own the debt

if they can not prove all the above, they will not receive a judgment

Now....there is no law requiring them to notify you they purchased the debt and give you a chance to pay it off. Many debt collectors will do this in attempt to avoid going to court. But if you are late on the debt, and they own the debt? They can go straight to court.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
does it make more sense to try to settle outside of court or allow the case to go court?
Expert:  P. Simmons replied 11 months ago.

I most cases...in fact, the vast majority of cases, you are much better off if you settle

Fighting this out in court requires you to pay an attorney. And the costs can quickly escalate.

You want to settle this outside of court, if you can

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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