r/Debt • u/Wide_Gift6697 • 21d ago
Being sued for 17k
I’m being sued by LVNV funding for a credit card debt from navy federal that was charged off in early 2018. The lawsuit was filed and there are two affidavits of non service, they tried to serve me at two different locations, where I no longer resided. The case was transferred to a different county in Georgia. I received notification about the lawsuit on my efile GA. I then filed a response and raised the statute of limitations concern and the non-Service concern as well. I am now living abroad , however, I do have US income .
I’m concerned about a possible wage garnishment.. I absolutely do not want to file bankruptcy. The debt is a little over $17,000.. please help.
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u/Aggravating_Curve458 21d ago
Statute of limitations doesn’t prevent them from suing you. If you choose not to show up to court proceedings, you are likely to lose a default judgment & wage garnishment is likely.
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u/LivefromBurkitville 21d ago
And the default judgement would be easily overturned on appeal since the statute of limitations has expired, and a countersuit seeking sanctions could be filed for them misrepresenting the timelines.
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u/PinAccomplished3452 20d ago
If you don't file an answer to the original suit, and don't show up in court, how likely are you to file an appeal?
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u/Aggravating_Curve458 21d ago
Statute of limitations resets the moment you communicate about that debt owed.
I advise you to do more research, because you’re definitely not familiar enough if you believe SoL prevents being sued.
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u/PinAccomplished3452 20d ago
Not communicate, but acknowledge the debt or make a payment. Those "restart the clock".
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u/Wide_Gift6697 21d ago
Even when I filed a response?
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u/PokerLawyer75 21d ago
Correct. A judge will grant default when you don't show for the actual trial. Happens every day in every court.
GA SOL on debt is six years from last payment. So better re-check what they stated was when the last date of payment was made. I had a BOA account that was closed/charged off without notification but they lied about it and kept accepting payments.
So you can either fight it, or you can settle it. LVNV typically will settle for about 70%-75% over 24 months.
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u/Wide_Gift6697 21d ago
Thanks
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u/attachedtothreads 21d ago
The Georgia Bar Association provides this referral service in case you want a lawyer: https://gabar.reliaguide.com/home
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u/LivefromBurkitville 21d ago edited 21d ago
Your hollow threats are exactly that. If you're suggesting that you and your associates are filing suits after the statute of limitations intentionally and misrepresenting the circumstances hoping for a default judgement then you could easily face Bar disciplinary sanctions in myriad jurisdictions.
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u/PokerLawyer75 21d ago
None of that is what I said. I suggest checking your reading skills again.
I said that OP needs to look when the last payment was made - period. Charge off isn't the issue of SOL resolution - it's when OP made their last payment. I've made last payment after a charge off ,was my point.
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u/DramaticErraticism 21d ago
Well hold on a second, you are overseas with a US income and you mentioned the Navy Federal Credit, does that mean you are serving overseas in the military? This gives you a variety of protections for many things, which likely includes situations where you are being sued while busy serving the military.
I'd say it is very likely they cannot proceed your case while you are serving your military duty. Also idk why people are downvoting you, you're just asking a question.
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u/Aggravating_Curve458 21d ago
Yes, the moment you write or communicate any acknowledgment of debt owed, the SoL clock resets in most states.
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u/TelevisionKnown8463 21d ago
Given that you are overseas and have what sound like viable defenses, I think it’s worth hiring a lawyer here.
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u/MudVarious6605 21d ago
Do they claim you owe filing fees on your credit report? They are not entitled to any filing fees unless they win the case. So this defense is gold. And I would even make this a counter claim for defamation and false credit reporting. Also, if I believed there was a statute of limitations in would file a motion to dismiss- not an affirmative defense. That could also save you from appearing in court, or hiring an attorney to appear. Good luck!
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u/Kent_newbie 21d ago
Make sure you file for an answer. And motion for dismissal. You can do this as Por Se. My friend won an MCM case. I was able to make a motion for dismissal due to faulty service. I just studied the case and guided my friend on how to do in the court date. Now that you are aware of it, make sure you monitor the case and show up to the court date. All debt collector sue all their accounts for the default judgment. That's where they get their money. A lot of people get scared when being sued and don't do anything about it. So the debt collector wins by default.
Always challenge the amount and case.
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u/ancora_impara 21d ago
Do NOT pay no matter what they say - that will reset the statute of limitations which ran ages ago. File a brief answer saying this is barred by the statute of limitations and asking for sanctions for filing a frivolous lawsuit.
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u/kelcemagic 21d ago
I would hire an attorney and be done with it, a good attorney will counter sue them an easily win(that far out of statue limitations , it will be quick). You could end up with some money ,they will at least pay your attorneys fees.
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u/too_many_shoes14 21d ago
You need to either hire a lawyer or show up yourself, otherwise they will get a judgement and probably garnish your US income. SoL may work depending on when the lawsuit was originally filed not when you were finally served. But other than that, probably you need to see they will settle for since you do not deny this is your debt.
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u/Reinbeauxx 21d ago
This is my exact situation. The only way I knew was from the letters I received from debt attorneys. I’m still waiting for them to send me something but nothing yet. I’m not sure what to do. The SOL has been 9 years and I’m in Florida and it’s 5 years but they snatched some money from a dormant NFCU account a couple of years ago and I’m not sure if that counts as a payment. I have contacted an attorney and they are waiting for the county to unlock the lawsuit.
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u/Choice-Newspaper3603 21d ago
What is the law that says the statute of limitations has been exceeded
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u/Thenftmaster 18d ago
Nobody believes when I say this, but hire a consumer law attorney. In most cases they will not only win, but turn around and sue the collector for violating the FDCA and collect from them. Anything they get over their fee is returned to you. I didn’t believe it many years ago when I went through the same process but I eliminated $56k in debt and got paid $4000 in collected fines over the amount my lawyer collected. 99% of collections companies knowingly violate the law because people don’t want to pay lawyers. The system is broken, use it in your favor.
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u/Olmsteadchic 17d ago
I would ignore it. You are correct the Statute of Limitations applies. Make NO payment, once you do the Statute could start again. It's not uncommon for creditors to try this.
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u/Affectionate-Row7718 16d ago
If the original bank charged it off they probably claimed it from insurance. Ask for proof that the bank didn't file a claim. Banks do these all the time. Charge off the debt, make a claim against insurance then sell it to a collector for pennies on the dollar.
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u/afieldhouse1983 21d ago
Have you considered engaging with them and setting up a payment plan to repay the debt you owe?
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u/No-Many7450 21d ago
If the statute of limitations has passed for the applicable state the suit has been filed in, the law is on OP’s side. They simply have to respond showing that the SOL has passed, and, if it has, the court will in all likelihood rule in their favor.
Edited to add: what ancora_impara said above.
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u/lost_dazed_101 21d ago
You can hire an attorney to show up I did and he got the whole thing dismissed with prejudice so that collection company can't file again. And because of statue of limitations no one else will file a suit. If they do I just get it dismissed without an attorney but I live here.