When you were served your Summons and Complaint tell me you are not thinking the same things I was:

Here are the Questions that went through my head when I was served by several Collection Agencies and an Original Creditor.

I have them all mixed up per 3 Court Cases all won in a Court of Law. I wanted to give you all an idea of exactly why I chose to fight every single one of them back!
And if you feel the same way as I did you will fight them back as well.

Keep in mind that just because some company says you owe them all this money that they need to prove it. And just because they claim that they are the Assignee of so and so bank that needs to be proven as well among many many other things.

1. Who the hell is LVNV Funding? This is the first time I have ever heard of this Company and debt and you think you can just serve me a Summons and Complaint and claim that I owe you all this money? Prove this in a court of law.

2. (LVNV Funding and Red Rock Lake Financial)…The money that you claim on your Complaint is inflated by thousands and thousands of dollars and you have attached no proof what so ever showing how this is all possible that I owe all of this money? Prove it to me in a court of law.

3. (LVNV Funding) You have never sent me any letters and you have never called my house in an attempt to collect this alleged debt. Now you think that you can just sue me in court and not attach any documents proving anything? Prove to me in a court of law that I owe you money. (my guess is that you want me to not answer my summons so you can get your default judgment scumbag)

4. (LVNV Funding) I don’t even know who you are and I have never heard of your Company before. I don’t see any assignment attached with proof that the Original Creditor sold you this debt. I don’t remember ever signing any contract with your company and you most certainly have not attached any documented proof that I owe you squat. Prove to me in a court of law that you own this debt.

5. (Red Rock Lake Financial) I don’t remember opening an account with this Original Creditor as you claim I did per your complaint. Show me the Original Credit Card Contract that proves I did so. Prove this in a court of law.

6. (Capital One)……. How did $300 turn into $2500.00? You have on the complaint that I owe you over $2,000?  Prove to me in a court of law that I owe every penny you say I do.

7.  (LVNV Funding) You claim on the Complaint that you are the Assignee of Providian Bank? Where are the documents that show the original creditor signed this debt over to your company? Do you think you can sue me without that proof? Prove to me in a court of law that you can legally sue me.

8.  (Capital One Bank)……..Your credit card agreement has a copyright date of 2005 on it and yet I allegedly defaulted on this account back in 2002. You are suing me under the terms of such agreement.  This agreements terms are 3 years later that the 2002 agreement that I allegedly agreed to. Prove to me in a court of law that  the terms of the 2002 agreement are the same as the terms on the 2005 agreement. That ticked off the lawyer big time. By providing me with a 2005 agreement he would have to come up with the 2002 agreement as well to prove that those 2 Agreements were one of the same.  Knowing that if they had a 2002 card agreement to being with they would have filed that with the court and not the 2005 so I knew I had them right then and there. (I filed a Motion to Strike this agreement and WON the entire Case).

I could keep going and going but my entire point is that almost every single Complaint filed by a Collection Agency is FLAWED.  They claim this and that and this and that well ok……… I don’t see any proof to back up your claim so prove it to me in a court of law.  So please please please understand that just because they are suing you does not mean they will win.

Just by you Answering your Summons will make them have to come up with every single document necessary to win in a court of law. Collection Agencies don’t have every single document to do this!! But because they are suing you they want you to ASSUME that they do. They have thousands and thousands of accounts do you really think they have all the proper documents, assignment, credit card statements, original contract etc., to win their case???

If you are being sued by the Original Creditor well you obviously have work ahead of you but they still can be beat. Now Collection Agencies don’t have any records of your contracts, statements, payments etc.,  They have a hell of a lot to prove in a Court of Law.

So take a good look at that Complaint you just received and ask yourself all those questions.

Now my question to you is ARE YOU GOING TO DEFEND YOURSELF AGAINST THIS LAWSUIT NOW?

I hope so.