Served for a Loan that is not mine

[Duongvub]

Hello. To make an extremely long story short, both Me and my Brother share the same first and last name as well as the same address. My Brother hasn't paid any of his loans back and one of the companies filed a suit to Charlotte Mecklenburg County Courts. They just searched our first and last name and address. My middle initial comes before his and I assume they didnt know that. Well, I was served in September 08 and I had no idea what it was for. I gave the papers to my brother because he knew what it was for and said he'd handle it. Well, 4 months later I get a Civil Action against me. Now, it is on my credit report that I loan LVNV Funding a small amount but the actual loan is not on my credit report.

I aquired a lawyer in September 09 and have already paid. He said he would charge me $500 to send a letter to the courts and get them to get LVNV Funding to bring the original loan document to court so we can prove the initial loan is NOT in my name. However, he has yet to do that. He says I'm in neglect because I waited too long. While, I understand that he says he had to hire another lawyer to help him find more information and did not tell me this. He said this case should have cost me way more and now he isn't doing anything. I already have paid him for what I thought he would do. So, is there anything I can do about him? He never asked me if I would approve the additional help and it's taking way longer than it should. He still has not sent ONE document to the courts to summon LVNV to show the original document which is not even in my name.

Any help would be greatly, greatly appreciated. Good day, I may even send you some cookies just for holiday cheer!:)

[Dordhs]

Violence begats violence already. I dont know, your idea might actually help society if it was a law that it had to be done. Then maybe everyone would stop the madness even if it meant breaking the law

[Mileaway]

Hello. To make an extremely long story short, both Me and my Brother share the same first and last name as well as the same address. My Brother hasn't paid any of his loans back and one of the companies filed a suit to Charlotte Mecklenburg County Courts. They just searched our first and last name and address. My middle initial comes before his and I assume they didnt know that. Well, I was served in September 08 and I had no idea what it was for. I gave the papers to my brother because he knew what it was for and said he'd handle it. Well, 4 months later I get a Civil Action against me. Now, it is on my credit report that I loan LVNV Funding a small amount but the actual loan is not on my credit report.

I aquired a lawyer in September 09 and have already paid. He said he would charge me $500 to send a letter to the courts and get them to get LVNV Funding to bring the original loan document to court so we can prove the initial loan is NOT in my name. However, he has yet to do that. He says I'm in neglect because I waited too long. While, I understand that he says he had to hire another lawyer to help him find more information and did not tell me this. He said this case should have cost me way more and now he isn't doing anything. I already have paid him for what I thought he would do. So, is there anything I can do about him? He never asked me if I would approve the additional help and it's taking way longer than it should. He still has not sent ONE document to the courts to summon LVNV to show the original document which is not even in my name.

Any help would be greatly, greatly appreciated. Good day, I may even send you some cookies just for holiday cheer!:)

Assuming all you stated in your summary is true,
If it were "ME" I'd dump the Lawyer so fast he's be wondering where his next Martini was coming from. But that's "ME". It sounds like this person isn't doing you justice. You may even be entitled to a refund if he failed to perform. Google your State Bar for information about filing any complaints etc.

It sounds like you have already been to court? Did your Attorney ask the Judge to assign a time limit for LVNV to produce "ORIGINAL SIGNED" documents?

In the mean time I hope you have written(certified mail) to the loan company and advised them they have the wrong person. This issue is not really something that should/would take alot of energy to get taken care of.(and certainly not TWO Attorneys!)

I think it would be fun to see these dolts faces in court! I can't advise to not to retain an Attorney, "but", any Judge would probably toss these people out on their ear for not doing their homework properly and wasting the courts time. It sounds like LVNV is hoping your stupid enough to pay someone elses debt.

Keep a close eye on your credit report and take quick action if something shows up on it. Notify the reporting credit agency(dispute, this can be done easily on line now) and the company that submitted the wrong information. Once proven you are not the liable person, the persons reporting the negative information normally have no more than 30 days to completely remove the item from your credit reports. Check your local jurisdiction on this though.

Good Luck!

[mischastar]

Mileaway - that is really good advice!

It is riduculous that certain lawyers charge a ridiculous amounts and then don't deliver. I am sorry you have had such a bad experience. I would try and get a refund frm the first attorney as you have just paid him for nothing!

Good Luck