[neil5623]

I went to registeredagentinfo.com as recommended. Checked for LVNV's agent info in NV and SC, came up with agents in both states. I assume the best course of action will be to send notice to both agents. See below, first entry is from LV, bottom is from SC Sec. of State.


LVNV FUNDING, LLC

Business Entity Information

Status: Active File Date: 4/20/2005 8:00:14 AM
Type: Foreign Limited-Liability Company Corp Number: E0227182005-2
Qualifying State: DE List of Officers Due: 4/30/2007
Managed By: Expiration Date:

Resident Agent Information

Name: CORPORATION TRUST COMPANY OF NEVADA Address 1: 6100 NEIL ROAD
Address 2: STE 500 City: RENO
State: NV Zip Code: 89511
Phone: Fax:
Email: Mailing Address 1:
Mailing Address 2: Mailing City:
Mailing State: Mailing Zip Code:

View all business entities under this resident agent
Financial Information

No Par Share Count: 0 Capital Amount: $ 0
No stock records found for this company

Officers Include Inactive Officers

Manager - KEVIN BRANIGAN
Address 1: 200 MEETING STREET ST 206 Address 2:
City: CHARLESTON State: SC
Zip Code: 29401 Country:
Status: Active Email:

Manager - LESLIE GUTIERRE
Address 1: 200 MEETING STREET ST 206 Address 2:
City: CHARLESTON State: SC
Zip Code: 29401 Country:
Status: Active Email:

Manager - SCOTT SILVER
Address 1: 200 MEETING STREET ST 206 Address 2:
City: CHARLESTON State: SC
Zip Code: 29401 Country:
Status: Active Email:






LVNV FUNDING LLC

Note*** This online database was last updated on 12/18/2006 see our Disclaimer
DOMESTIC / FOREIGN: Foreign
STATUS: Good Standing
STATE OF INCORPORATION / ORGANIZATION: DELAWARE


REGISTERED AGENT INFORMATION
REGISTERED AGENT NAME: C T CORPORATION SYSTEM
ADDRESS: 75 BEATTIE PLACE
CITY: GREENVILLE
STATE: SC
ZIP: 29601
SECOND ADDRESS:

FILE DATE: 09/12/2006
EFFECTIVE DATE: 09/12/2006

[roybean]

What notice are we talking about?
You send to the RA in your state.

[neil5623]

Notification for suing them. Bud Hibbs said to send it to the Nevada agent. They are not listed by the TX Sec of State per the website, but provide a helpline phone #.

[roybean]

Originally Posted by neil5623

Notification for suing them. Bud Hibbs said to send it to the Nevada agent. They are not listed by the TX Sec of State per the website, but provide a helpline phone #.

Unless you are officially serving them with a summons or waiver of summons then you just send it by ceritified mail to their primary location. If this is just an ITS, you don't really have to worry about where and who their RA is; just make sure that they get the message.

[centex]

If you are in Texas, then service goes to the registered agent located in Texas. RA information can often be located on the Comptroller's website, although you sometimes have to get a little creative in finding it. Presence (or lack of) on the SOS bond database means nothing...

The last entry for Sherman had the RA as CT Corporation System in Houston.

[neil5623]

Their deadline to settle per my ITS expired 12/15. I plan on filing on 12/27 after I get everything on my end finalized.

[neil5623]

This is the main body of the complaint, without heading, RFA and RFD. Filing in state because there are state violations also.

Plaintiff, NEIL5623, is a resident of Beaumont, Jefferson County, Texas. Defendant, LVNV FUNDING, LLC, is a Bad Debt Purchasing organization, with offices in Greenville, South Carolina, and regularly conducts business with consumers in Jefferson County, Texas. The honorable court has Jurisdiction over said cause.
III.
This complaint arises from a violation of Fair Credit Reporting Act Section 623. Plaintiff disputed said entries to Credit Reporting Agencies (CRA) by Defendant over a period of about seven months. During that time, Defendant responded with inaccurate and conflicting information. The action that gave rise to said account entering delinquency occurred on or about May 1999. LVNV reported to CSC Credit Bureau (CSC) in December 2005 information that Date of Last Activity was May 1999. In May 2006, LVNV reports to CSC that the Date of Last Activity is June 2001, and that Last Payment was tendered on March 2006, when in fact no payment was tendered by Plaintiff. Both actions have the effect of “Re-aging” the account, forcing it to remain on credit reports longer than legally allowed. Another violation is that the revised Date of Last Activity is several years older than Date of Last Payment, which is contradictory. Further, the new balance was lowered by $61 to $3846. A report issued by CSC in May 2006 reflects the same information, except now the Account Balance shows $0, and that the account was transferred or sold. A report issued by CSC in July 2006 reports the balance at a new level of $3912, and the Date of Last Activity still June 2001 and Date of Last Payment of March 2006.
IV
Said account is reflected in Plaintiff’s CSC and Trans Union credit files as both Factoring Company Account and a Collection Account. A Factoring Company purchases Accounts Receivables. Accounts Receivables are not in default. LVNV is in the business of purchasing accounts that are in default. An account that is in default is no longer an account receivable. Therefore, LVNV can list itself as a Collection Agency only.
V
Plaintiff has disputed said account with the three major credit reporting agencies on three separate occasions. Each time has given Defendant opportunity to correct their entry on Plaintiffs credit reports. Each time Defendant has opted to continue reporting false and misleading information.

[centex]

right off the bat, I would suggest omitting "bad debt puchasing organization" and modify it to something along the lines of "upon information and belief...is a buyer and seller of distressed receivables (aka 'bad debt')."

From that point, you could then potentially make some reference to 'bad debt,' but even then, I would stick to the more formal industry terms. Otherwise, you run the risk of getting into a battle over semantics that distracts from the fundamental nature of your claim.

[pandmel]

Originally Posted by centex

right off the bat, I would suggest omitting "bad debt puchasing organization" and modify it to something along the lines of "upon information and belief...is a buyer and seller of distressed receivables (aka 'bad debt')."

Why not call a spade a spade? Call them what you will. You have latitude as a pro se litigant.

Pandmel

[jlynn]

Originally Posted by pandmel

You have latitude as a pro se litigant.

Pandmel

You might want to check TX LRCP before you state such.

[hannah]

Originally Posted by pandmel

Why not call a spade a spade? Call them what you will. You have latitude as a pro se litigant.

Pandmel

If you want to act as your own attorney in Texas, you had better check the LRCP before you exercise all that latitude.

[centex]

Originally Posted by pandmel

Why not call a spade a spade? Call them what you will. You have latitude as a pro se litigant.

Pandmel

And why not simply do it right from the beginning instead of wasting time and energy fighting battles that don't need to be fought?

Even a pro se litigant in Texas is expected to exude a modicum of professionalism in the manner of their filings...

[pandmel]

Originally Posted by jlynn

You might want to check TX LRCP before you state such.

You are right I dont reside in TX. But even after all the naysaying crap1 has agreed to settle.

Pandmel

[DUSTY]

I had copied the President at the time I think Robert Roderick, sent to the customer service address and 2 state registered agents.
Although they had an attorney send a denial letter, within 60 days they deleted the TL's. So if you want the TL's deleted, yes contact the right people!

Of course, there doing it again, so I'm next in line and will need help from ya'll, look for the posts.

I've had all I can stands I can't stands no more

They've had 3 chances I'd say 3 willful false affidavit's is Fraud & Deceit in my state, besides the FDCPA, FCRA and the FCCPA!

[neil5623]

The plot gets thick. The Texas SOS and Comptroller office did not have any listing for LVNV Funding. Sherman is listed on the Comptroller site, with officers addresses the same as what I found previously at the Nevada RA site. So, does that mean I have to list Sherman on the complaint also, or leave it as LVNV and send it to Sherman's agent in Houston?

[hannah]

Originally Posted by neil5623