Expert: John Hall - 6/30/2006

Question
I just ran across your name while doing a search on "Unifund is LVNV Funding".

I am not sure if you can help me specifically or not, because I am already in litigation with Unifund CCR and reside in Georgia.  However, I am one of those being sued for a debt that may or may not be mine.  I began requesting validation/verification on all my debts in 2002.  I only had one agency provide verification (I reached a settlement with them).  The others either dropped pursuit of the accounts or charged them off.  While I would like to go back in time with what I know now and fight those, I cannot, so must do what I can to fight the one I am currently involved with.  I am fighting them tooth and nail;  here is my story so far.   Each time I requested validation on this supposed debt, it would be transferred or sold to another collection agency until finally in 2005 I received a letter from an Atlanta attorney stating that the alleged debt was owed to Unifund CCR Partners.  I immediately responded with my standard request for validation/verification. Instead of receiving anything back, I was served with a summons.  I met all the answers, etc on timely basis and requested that Unifund provide the account information.  They never sent anything except copies of statements with my name (no address or social) with no activity, and a copy of their statement. Finally, in January of this year, the attorney responded to my request for validation with the exact documents that were included in the original complaint.  Their proof of debt is that and an "Affidavit of Indebtedness".  I didn't have funds to fight with attorney, who after brief consultation told me that those documents are typically used to get a summary judgment.  I am currently in representation Pro Se.   As I mentioned I am in litigation with them at present (so far they have played delay tactics with me which resulted in my second request for admission and production being "past 6 months from the date of filing").  I submitted to the court with motion to compel and support memorandum.  

I am still in no financial position to put forth thousands of dollars to proceed from here, but could possibly pay for consultation on where to go with my case from here.   Best regards

Answer
Call me this weekend if you want to discuss this further.  661  492-2673  I will not charge you just to talk on the phone.    If you want we can talk about what you might or might not do insofar as the next step in this litigation.  

However, from what you have said, I have an idea how you might be able to deal with this without having to go through all of this grief with the pending litigaiton.   There are a couple of things that will, at the very least, put the unifund lawyer ont he defensive and you just might possibly be able to wrap this whole thing up without paying them anything and without geting a judgment on your record.   Call me if you want.