This should give quite a few of you out there some hope and to fight these idiots back.

I was sued by LVNV Funding and in the middle of the suit they admitted (see below) that they do not have the Contract because they are not the original creditor. LMAO

No contract. No Lawsuit!

Let me just say that a Hearing was called in regards to this and the case got DISMISSED.

If you have no clue what you are doing and want to beat these guys :Click here!

LVNV tried to wiggle their way out and filed a Motion to Reconsider and Reinstate Case to Court’s Active Docket.

I filed an Opposition to their Motion and a Response and told the Court that under a 12(b)(6) ruling the Plaintiff is allowed an automatic 10 days to amend and shouldn’t have filed a Motion to Reconsider it was an improper pleading.

Judge agreed with me and Denied their Motion and told the Plaintiff I was right that they only get 10 days and they FAILED TO DO SO. So their Motion was DENIED!!! See below and CASE DISMISSED!

The Hearing took place. I was nervous. There wasn’t many people there at all at my Courthouse (small town).

I waited about 30 minutes until the Bailiff called me in and what do you know?

LVNV Funding Failed to SHOW UP. What a bunch of losers.

I had this in the bag now.

Plus, they didn’t even Oppose the Motion to Reconsider.

So the Judge told me I could Plead my case. I just told him that I did not want to waste any more of the Court’s time on this case and everything is in the Motion.

It took a few minutes, and the Judge said, that the Motion To Reconsider is turned into a Motion to Dismiss on the grounds of Failure to State a Claim Upon Which Relief can be granted. Case Dismissed.  I asked him if this could be with prejudice and he said he has to follow the law and give the Plaintiff their time to amend. I thanked the judge and that was that.

Under a 12(B)(6) Ruling the Plaintiff gets 10 days to Amend their complaint. In this case they would have to Amend plus attach a copy of the contract and assignment.

The clock is ticking if they don’t answer this is Case Stays Dismissed!

I looked up my courts rules and a Motion To Reconsider does not mean that Discovery is put on Hold.

But I was like crap! Discovery is due before the Hearing!

I knew in my heart that this was going to get dismissed at the Hearing but I had to follow my court rules so I wouldn’t mess up and ended up sending out my Discovery because the Court Rules say to do so (regardless at this point if they are worthless or not)

So, I filed those off and waited for the hearing………….

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Seeing I was not smart back then and didn’t file a Motion to Dismiss in Lieu of an answer for failure to attach the contract and assignment I felt trapped.

Kept asking myself how can these guys sue me with no contract and no assignment and what the hell can I do to get this across to the judge.

I did some reading and found out I could file a Motion for Judgment on the Pleadings.

Which is basically saying that per their complaint they have not attached a contract or assignment and the pleadings are worthless …. the Motion for Judgment on the Pleadings in this case turns into a Motion to Dismiss.

So I filed that off……..and it was DENIED. Why? Because I did not plead my case properly.

But this is funny, a few days later I received LVNV’s Response to that motion that just got denied. They really didn’t even have to respond because it was denied, but they didn’t know of the denial and responded, to my advantage!

You see I got the denial before they did, and while they were writing up their response, they didn’t know that the motion was denied.

Here is what they sent me and pay attention to it!

Did you notice that it says that “because they are not the original creditor they do not have the contract in their possession”?

WELL really now?

I read this and was like LVNV Funding say what??????????????  You did not just admit this!  What the heck are your grounds for suing me then? No Contract? No Lawsuit!

I filed a Motion to Reconsider my Motion on the Pleadings.  What that means is I am asking the judge to reconsider his previous decision in regards to my Motion on the Pleadings. I told the court in my motion that I have new evidence PROVING that they do not have a contract to sue me under.

I received this back from the court:

Now I know this wasn’t denied so that’s good news and that the Court is now calling a Hearing to Reconsider!!! YES!

If you have no clue what you are doing you really should look into getting this package Click Here for More Information

Figured what the hell right? Where’s the Contract? Where’s the Assignment? Where are the Credit Card Receipts? Where does it say that I signed an agreement with them?

To See the Discovery I sent click here

Within 7 days after me filing my Answer I received LVNV Fundings Discovery from their Attorney.

I answered their Discovery and sent it off Next Day Air so that they got it on the Last Day it was Due to them.

My court allows 30 days to get all of their Discovery back and I answered all of it and sent it back and made sure they got it the last day it was due.

You see, they beat me to the punch. They got their Discovery out to me before I could get mine out.

I learned that because I filed my answer with all denials that they couldn’t file a Summary Judgment and Discovery would be the next phase of the Lawsuit. But I also learned that once you file your answer you should hit them with Discovery FIRST.

You want them to have their Discovery back to you first because you are asking for important factors of the case especially documents!

Click Here For More Information about Discovery

I filed a Notice to Appear Read more about a Notice to Appear Click Here

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This company is claiming to be the Assignee of Providian and claiming I owe them all this money.  Where is the proof of that? You cannot just simply state that with no evidence to back it up.

Even I knew that. That’s like someone coming to your door and telling you that you owe them money.  Wouldn’t you want this person to prove it to you?  I mean you have know clue who this person is and they are demanding money. Prove it.

If I knew better I would have read over my court rules and found out that in the State where I live in, which is Indiana, allows me to File a Motion To Dismiss first. And if the Judge were to deny that motion that I would have 10 days to respond to the Summons after the denial. BUT if the Judge granted the Motion the case is dismissed without prejudice giving the Plaintiff 10 or 20 days to Amend their complaint.

Rule 9.2. Pleading and proof of written instruments

(A) When instrument or copy must be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record.

The above was telling me that if I was to be sued under a “contract” that the original or copy thereof, must be attached with the complaint.

But again, I had no clue what I was doing so I looked all over the place to try and figure out how to answer this Summons. 

I didn’t understand all of these “law words” and when it came down to putting my affirmative defenses down I was uneducated, and fearful of the words so I neglected to put quite a few down. Heck, to be honest I didn’t even know what Affirmative Defenses were!

Here was my response to the Summons.

Take note that each numbered paragraph pertains to the each numbered paragraph.

When answering this Summons I had to lay down my Affirmative Defenses, and have learned that I should use every single Affirmative Defense even if it makes no sense what so ever to me.

Every single one I would find I would use in the future.  I left out quite a bit this round because I didn’t understand what they meant and they scared me. Like Statute of Frauds, I was like WHOA………..but you need to use it.

1. ANSWER

       Now comes Defendant, Pro Se, who denies the following paragraphs of  Plantiff’s Complaint: 

1.       Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.  

2. Defendant denies the allegations contained in Paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.

3. Defendant lacks knowledge about the truth and therefore denies allegations contained in Paragraph 2, Plaintiff has failed to provide Defendant with any kind of account numbers or documentation for alleged debt.

Affirmative Defenses : Click Here to see the Affirmative Defenses I used and got my case dismissed!

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If it wasn’t for this package I would not have won this case!

If I can do it so can you! Click Here for More Information