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  1. #1
    Join Date
    Jul 2010
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    5

    Default LVNV Default Judgement

    My question involves collection proceedings in the State of: Texas

    OK... I will try my best to make things brief.

    On Friday, I recieved a letter from Galveston County Clerks office stating that a Default Judgement has been brought against me by LVNV.

    I now know why my family was being harrased at all hours of the night... Seriously scarry stuff... a man shows up at the door (usually between 9:30 & 10:30 pm) Bangs on the door ans yells "You better come out here & get what you deserve"... seriously, we all ran and hid upstairs, contemplating calling the police. However, this is another story all together. I feel these methods are used to intimidate people into hiding... which is exactly what happened. It is not fair at all & should stop!!

    So there is now a default judgement & I want to fight this. Bare with me, as I am completely ignorant to the laws in my state, or any state for that matter. I've only now had to begin researching ways to fight this.

    1st) I do not reside in the county which LVNV filed suit... Is this an issue where I can motion to vacate due to lack of jurisdiction?

    2nd) In 2009 I hired a company to send letters to all parties reporting negative remarks impacting my credit; LVNV was one of them. LVNV never replied to the letter, I believe they had 30 days to do so.

    Once again... I believe I can fight this... I am a hard working person who honestly puts in 6 full days of work each week at two jobs just to be able to keep my family's head above water. Any help would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Lvnv, Default Judgement

    Do you owe the debt?

    Have you requested proof of service from the court?

  3. #3
    Join Date
    Jul 2010
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    5

    Default Re: Lvnv, Default Judgement

    According to Volenti non fit injuria, I do not owe anything to LVNV. The original debt was through Bank of America.

    I have not requested Proof of Service... I guess this is where I would do just that?

    What about lack of jurisdiction... I do live in an adjoining county... but have never lived in Galveston.

  4. #4
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    Apr 2009
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    Default Re: Lvnv, Default Judgement

    Quote Quoting ChristoLew
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    According to Volenti non fit injuria, I do not owe anything to LVNV. The original debt was through Bank of America.

    Sheer curiosity - what makes you think that applies here?


    I have not requested Proof of Service... I guess this is where I would do just that?

    Yep! You can go to the courthouse and request a copy of the judgment/order with proof of service. Or, if you want to spend a few cents (8c/page at the moment I believe) you can set up a PACER account and look at the file online.


    What about lack of jurisdiction... I do live in an adjoining county... but have never lived in Galveston.

    The time in which to argue jurisdiction would have been at the hearing...not afterwards.

  5. #5
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Lvnv, Default Judgement

    Volenti non fit injuria basically states that a willing participant to an act cannot recover damages for an act that they volunteered for. A good example is a boxer cannot sue his opponent because his nose was broken in the match. He was a willing participant. Just as LVNV Funding purchases a non performing asset without you inducing them to do so, you have not caused them any harm they willingly purchased the defaulted account.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Lvnv, Default Judgement

    Quote Quoting ChristoLew
    View Post
    Volenti non fit injuria basically states that a willing participant to an act cannot recover damages for an act that they volunteered for. A good example is a boxer cannot sue his opponent because his nose was broken in the match. He was a willing participant. Just as LVNV Funding purchases a non performing asset without you inducing them to do so, you have not caused them any harm they willingly purchased the defaulted account.


    That's what I figured you'd say.

    For your own sense of dignity - and I'm saying this with complete sincerity - forget it.

    It won't fly.

    Period.

    Even if.

    Not in a gazillion years.

    Debtors having been trying to pull this for eons and the courts are sick of it. You'll get laughed out of court and likely ordered to pay the creditor's additional court fees.

    So here's the bottom line.

    You can try to have the judgment overturned based upon lack of jurisdiction (which frankly I don't think is relevant either but you can try); the very second that happens you're likely going to be served again - probably in the same courtroom - and you're going to end up getting the judgment anyway.

    Realistically you're only prolonging the inevitable.

  7. #7
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Lvnv, Default Judgement

    OK... Took your advice & obtained the "Proof of Service" or "Affidavit of Service"... Funny thing noticed by my wife while reading the Affadavit... The notary and the server had the same last name... A little investigation and we find out that the two are husband and wife! This is a direct conflict of interest due to the fact that he stood to gain financially. I just need to find out if there is a law against it.

  8. #8
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    Apr 2009
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    Somewhere near Canada
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    Default Re: Lvnv, Default Judgement

    Quote Quoting ChristoLew
    View Post
    OK... Took your advice & obtained the "Proof of Service" or "Affidavit of Service"... Funny thing noticed by my wife while reading the Affadavit... The notary and the server had the same last name... A little investigation and we find out that the two are husband and wife! This is a direct conflict of interest due to the fact that he stood to gain financially. I just need to find out if there is a law against it.


    Nope. No law against it.

    (It's also not a conflict of interest - legally speaking).

    So, were you served?

  9. #9
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Lvnv, Default Judgement

    No... We were not officially served... Pieces of a very vague puzzle are comeing together, however... For instance, many months ago a man showed up at my house during work hours & told my wife that he had a package to deliver to me but said I must sign for it. We thought it might have been a local courrier as I sometimes recieve packages/mailings from services in the area like "Lonestar". However, we never did hear back from them & I never did find out who/what was supposed to be delivered. And as I said earlier, there were a couple instances where my family was deeply desturbed by someone rattling off at the front door.

    We don't live in the best area, but it is not the worst either... we do not live within city limits & we do not have regular presence of "the law" around here. We do lock everything up regularly... even when going just from the car to the house and back... we are just carefull like that... so you can immagine how we felt.

    I typically work from 7am~6pm M-F and various times on the weekend... On Tue-Fri I train my children... usually about 1.5-2hrs each day... so I am rarely home & when I am, I am doing my best to just relaxe and/or sleep... I wish this could have been mailed to me as a certified package (as I am reading could have been done), but noooo... Instead they come up with some cruddy rule that it is ok to make a statement that it was left on your front door & that is ok with everyone... Everyone except for me, of course.

    Ughhh... soooo frustrating!!!

    This is all I could find for the Notary

    Q: May I notarize my spouse’s signature or for my spouse’s business?

    A: No. There is no statute that addresses this question, but the general rule is that a notary public cannot perform a notarization on any document in which he/she is a party to the instrument or in which he/she has a personal or financially beneficial interest in the transaction.

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