We are being sued through the court system by LVNV Funding Llc. For over $8,000 from a delinqent accout. These people apparently purchased my delinquent account from Sherman's Collection Agency, who in turn purchased it from Sears. Of course, this dollar amount continues to rise. We've made numerous attempts to bring this account current, unfortunately with the late fees, over-limit fees, and increasing interest rate the account got completely uncontrollable
The collection agency has informed me that they have the right to garnish my banking account as well as place a judgement against a small parcel of land I owned. One of their letter's even suggested that they were checking to see whether or not I had health insurance, (I'm not sure why) this is relavent.
We originally opened a Sears account, in 1985. Account remained current for years. However, due to loss of employment, account eventually became delinquent. Dealt with numerous harrassing calls from Sears and their in-house collections.
Of course, they continue to show this delinqent account on our credit report and in order to keep it active, they just sell the account to the next highest bidder.
These people were relentless and I allowed them to con me in to making several over the phone payments, basically because I felt I had no other choice. The last payment submitted to them was on 12-06. (Even tried to settle account with the assistance of CCCS, but to no prevail.) Finally, I refused to be pressured into making another payment by their attack dogs. Therefore the account has been INACTIVE for over four (4) years.
Now, they have sent me a Certified "Restricted Delivery" Letter. I have not picked up the letter and signed for as of yet, however, it is my understanding that if I do not sign for the letter LVNV Funding Llc will have our local Sheriff's department serve me with a summons to appear in court.
I don't know what to do. Nor do I have a clue regarding my rights, if I have any. This agressive agency has already aquired a Cause File Number and they noted the Case Type as DEBT -1 Service our of the County.
Please, advise me on some alternative ways to handle this matter. We are struggling to send our son to college and paying a sum for over $8,000.00 possible court fees is impossible, for us.
Of course, we have already received a "Hire Me" attorney letter from a Law Firm who apparently works with LVNV Funding Llc suggesting they can handle this matter by filing Bankruptcy for us, for $1,325.00; however there is no fee for a consultation to determine if a reorganization or liquidation is in my best interest. I have no idea how this firm got my information, before I received the Certified Letter from LVNV Funding Llc.
What Can I do? I'm worried to death.
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