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FyRe posted:I've been ignoring about $5k in debt for about 6 months now. The reason mostly being that I've been couch drifting and so I don't have a physical address. How hosed am I? My question is basically how can I be sued if gov't doesn't even know where I live? I have no assets of garnishable wages to speak of. I tutor under the table. You can't be sued if you can't be served, but that won't stop some collectors. Some will do it the right way - hiring skip tracers and trying to find you via last known addresses. Others might claim you were served and move to the suit/default judgment anyway (if this happens, you have an open and shut case to have the judgment vacated.) Also, once you have a permanent address (and if the debt is still in statute) expect whoever owns your debt to come after it.
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Jan 11, 2010 22:42
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FyRe posted:how can I find out if I have any judgments against me? If it makes a difference my last permanent address was in GA and I live in NY now. Check your credit report, and check the county courthouses where you've lived. Many courthouses have online searches, or you can call the clerk's office.
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Jan 11, 2010 22:57
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Iron Squid posted:Just for the sake of argument, how would a company show that you were properly served? quote:Also, is it worth it to dispute any and all negative information on my credit report on the off chance that some of it gets removed? If so what's the best way to go about doing this?
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Jan 13, 2010 06:23
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EBT posted:So long story short I assume the 500 dollars in medical bills from 2006 is not a big deal anymore? If nobody is threatening legal action and it's not on your credit report, then no, I imagine it's not really a big deal anymore.
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Jan 13, 2010 18:21
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Pagan posted:But if the record dropped off because the collector didn't respond in 30 days, how can they just put it back on again? Couldn't you write the credit agencies and say "this has already been proven frivolous?" Or even seek legal remedies against the collector for fraud? I'm asking because I did dispute a bill that I didn't recognize, Experian agreed that it wasn't mine, but then I got a letter from a collector just a few days ago for the same bill. Failure to answer a dispute makes it fall off, yes, but if they can prove to the bureau that the debt is valid, it can go back on. As far as I can tell there's not some kind of double jeopardy rule that says a valid debt can't be reported on if they didn't respond in 30 days. If they reattach the tradeline and can't supply proof of a valid debt, then you have something.
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Jan 13, 2010 20:59
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TWiNKiE posted:"They can try forever. They just can't sue." Or "They can try forever, and they can even sue, but this opens them up to a countersuit and a speedy dismissal of their case due to the debt being time-barred." Suits on out-of-statute debt do happen, and they do win/get defaults against people who don't know any better, since the judge doesn't really ask for much (or any) proof if the defendant isn't there. Of course such a judgment will get vacated if the defendant knows what they're doing, but once again, a lot of people just don't know their rights.
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Jan 14, 2010 21:23
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Wet Fifty posted:I recently got hit with a judgment in the amount of close to $1,300 for an unpaid credit card debt from 2003. Where can I find the SOL for the state of Utah to determine if they have not fallen out of time? Also, according to their letter, they are demanding damages of 560.05 plus interest of 758.43 at a rate of 25.9% annum. They also tacked on 250.00 in attourney's fees. Basically what quepasa's said. If you know the date of your last payment, that's when the clock starts for the SOL. Make sure they filed suit at the right time. Also, check the Utah Rules of Civil Procedure regarding the necessary steps for proper service. Did you ever receive a summons? Were you aware of the trial? Does Utah require, like many states, that the suit be filed in your county of residence? If any of those are true, you may be able to have the judgment vacated. If you were served and ignored the summons, though, you're stuck with the judgment. Also, Utah RCP allows for service via publication if you can't be found: quote:(d)(4)(A) Where the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, where service upon all of the individual parties is impracticable under the circumstances, or where there exists good cause to believe that the person to be served is avoiding service of process, the party seeking service of process may file a motion supported by affidavit requesting an order allowing service by publication or by some other means. The supporting affidavit shall set forth the efforts made to identify, locate or serve the party to be served, or the circumstances which make it impracticable to serve all of the individual parties. You'll need to figure out how they attempted to serve you, if at all. Go to the courthouse and you should be able to access the court file - most courts now have an online lookup so you can find the case number. If you can have the judgment vacated, it's probable the court will allow them to re-file even if the SOL is now expired, but that's never happened to me so I can't share any personal knowledge.
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Jan 18, 2010 08:12
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Security Yams posted:Great job on the thread, CubsWoo. I've got a question for you if you've got some free time: Making payments on a debt doesn't automatically mean you'll lose a court challenge on it or anything like that (if it did, anyone who makes payments when they're in good standing would be screwed) but the statute clock on the debt only counts down from when you've stopped paying. This sound recent, so the creditors will have plenty of time for legal action if they choose. You've stopped making payments, which is good if you can't afford them - the next step to get the annoyances to stop is to send the creditors a cease communications letter so they stop contacting you by phone. They'll continue to send mailings, but that's normal. Concentrate on saving what money you can for possible settlements/pay-for-deletes/court costs if they go that route. If the debt isn't too much, they probably won't bother with legal action. If it's in the middle 4 figures or above, start researching your state's small claims court rules, because you'll be summoned there eventually. You can send a debt verification letter, but it won't be considered timely.
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Jan 22, 2010 21:29
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Hillridge posted:Waaaaaaaay back from page 1, but I'd like to know if anyone has more info on this. It's possible. Banks have been caught keeping notoriously bad paperwork on homes. Even barring that, you can delay a foreclosure for months, sometimes years - Here's a link to a guy who kept his house in foreclosure hearings for 11 years, he eventually lost but lived in that house payment-free for the duration. Foreclosures can be done pro se but I would strongly suggest a lawyer if you can afford it. If nothing else, if you're going into foreclosure, the least you should do is try to fight it for a bit so, at the very least, you have time to save up rent for a new place/all the moving expenses.
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Jan 24, 2010 04:48
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Hillridge posted:Waaaaaaaay back from page 1, but I'd like to know if anyone has more info on this. It's possible. Banks have been caught keeping notoriously bad paperwork on homes. Even barring that, you can delay a foreclosure for months, sometimes years - Here's a link to a guy who kept his house in foreclosure hearings for 11 years, he eventually lost but lived in that house payment-free for the duration. Foreclosures can be done pro se but I would strongly suggest a lawyer if you can afford it. If nothing else, if you're going into foreclosure, the least you should do is try to fight it for a bit so, at the very least, you have time to save up rent for a new place/all the moving expenses. Ring of Light posted:CubsWoo, I was wondering if you think I am doing the right thing in my situation. It may or may not matter that you weren't of legal age, if it's cosigned some states consider it valid. In your case, though, if it's that low, I wouldn't bother with it. Maybe offer them $50 on a pay-for-delete and if they balk, gently caress 'em. If it's 5 years old it's not moving your credit down much anyway.
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Jan 24, 2010 04:50
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Grammar Fascist posted:CubsWoo, I have a debt from 2004 from Paypal and in December received a letter from a collection agency about it. I sent them a debt verification letter and just received a letter back (postmarked on day 28). What does this letter need to include to have fulfilled their statutory obligations? I had requested a lot of information in my letter (like proof that the statute of limitations had not expired, proof that they are licensed to collect debts in my state, etc.), but none of this is included. Their notice also says that my response is required within 10 days (I requested 30 days in my letter to them). What should my next steps be? What did they include? It sounds like very little, in which case you need to send them a letter telling them, very nicely, to go gently caress themselves and never contact you again. Check your credit report and see if it's on there - file a written dispute and include a copy of your verification letter with it if it is. The firm in question sounds like a typical scumbag JDB: working on a 5-6 year old debt likely moving out of statute soon (what state are you in? The debt may be out of statute already!) and trying to spook you into paying something. Don't. Tell them to cease all communications and if they start getting harassing or begin breaking statute, log all the violations/keep all their letters and be prepared to send off an intent to sue notice.
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Jan 26, 2010 08:02
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TWiNKiE posted:If it's from 2004, he's still within the reporting period. Not all JDB's report before dunning. I disagree. I've had a lot of success with JDBs (especially late in statute/reporting) giving up at a FOAD letter. In nearly every case a JDB isn't going to have anything but a hope for default judgment on a 5+ year old debt and letters like that let them know you'll fight a suit. And depending on the state, the statute may be 4-5 years and have lapsed already.
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Jan 27, 2010 01:08
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Furry Neo posted:I'm helping my cousin get his credit sorted out, and he has a revolving account from BoA with a limit of $1000, a past-due of $0, and a payment status of "charge-off." The same account's comments, though, say "transferred to another lender or claim purchased" - if I'm reading things correctly, shouldn't it be either charged off or transferred, but not both? Typically this is their way of saying "We sold your account and wrote off the difference as a loss." Is it also being reported by the debt buyer? Rusty Shackelford posted:With his permission, I pulled my brother's credit report today and he has 2 collections from the city of Madison, WI for $75 each (parking tickets?) and 2 from San Diego (speeding tickets?). They are marked paid, but don't drop off for at least 3 more years. Are these things that can be removed with "pay for delete" or is he stuck with them? Probably not. You can have him ask the cities to drop them from the report, but they have no obligation to. I guess you could dispute them as 'not mine' or whatever and hope the cities don't verify with the bureau, but otherwise they're going to stick. On the plus side, debts that small and that old typically don't hurt your score very much.
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Feb 3, 2010 10:50
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FlyingCowOfDoom posted:So two and a half years ago I needed a new computer, had an awesome job and was, and still am, a student. I got a 1000 limit card from WAMU, bought my poo poo and paid it down to 700, then studied abroad and left it with my grandfather (is the family accountant). He died soon thereafter, I forgot about it and am now getting a letter about the card from some collection agency in houston. I just got the 30 days to verify letter, they say I owe 1600 dollars, should I call and bargain for the delete the line thing for around 600? I'm kicking my self for letting this slide and not keeping up, but I was 19-20 and loving stupid. If you can afford $600, bargain with them starting at $250 and work your way up. If they won't budge, gently caress 'em. JacquelineDempsey posted:This thread is awesome and super-informative. It's probably too late to ask for a DV. What you can do is ask for an accounting of the debt, possibly from when it first left the original creditor all the way to their hands. I've seen legal battles won from the argument of "Yes, Your Honor, this is my debt, but I have no way of knowing whether or not the Plaintiff has calculated the actual amount I owe correctly, and therefore I will not pay until I know I am paying the proper, legally owed amount without fees and charges being added unjustly." The judge then asks the creditor if they can prove the proper amount, they can't, you win. Get that accounting if you can.
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Feb 4, 2010 00:53
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Safety Engineer posted:My wife has a judgement against her in the amount of 3683. I just got off the phone with a secretary at the law office and they want about 5300. I found the amount a little more than absurd, especially when I called with the intention of paying off the full amount of the original judgement since we can afford it now. The lawyer handling the account is supposed to call me on Monday and I'm expecting something of a disagreement. Once a judgement's levied, you're hosed in regards to dealing with the credit card company. If the judgment was done properly (i.e. she was served and didn't show, thus defaulting) all you can really do is make sure they're accounting the amount properly. Most states allow for interest to collect on judgments, as well - check your state law regarding that. Post-judgment sucks. You're basically out of options in terms of trying to make a deal, especially if you have assets but just will have problems paying bills without those assets. If it comes to garnishments/account liens, you may be able to convince a sympathetic judge that you're trying to work with the creditor, but their terms are unreasonable. This doesn't always happen, though. If you can pay off the original judgment in a lump sum, though, they may take it. Then again, from their perspective, they feel they're legally entitled to more. Let me know what happens.
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Feb 5, 2010 06:21
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DarkHorse posted:tl;dr - guy with excellent credit gets collections notice for insignificant amount with questionable backup. Their 'proof' sounds like poo poo. Either ignore them, tell them not to bother you anymore, or if you're feeling adventurous, play dumb and bait them into FDCPA violations so they cut you a check. There's a really good feeling when a scummy company ends up settling with you and sending you free money because they just wouldn't let that $50 debt go.
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Feb 7, 2010 12:14
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shop posted:OK any help here would be great. Due to similar stupidity seen in various parts of this thread I owe $24,000.00 CDN that I blew off 2 years ago when I moved to the States. I just received a piece of mail from the collections agency stating that my debt has been assigned to them and they have called a few times and left voicemails. Being that I live in the States but plan on heading back to Canada someday what should my course of action be here? I'm not familiar with Canadian credit law but my first step would be to find out the statute of limitations on the debt for your home province and how their credit bureaus/reporting services work. Impius posted:I have a question regarding to this, does bank regulations apply to where the bank is located or to where the consumer is located. Typically it's based on where the consumer is located. This is kind of a unique case, check the Texas state law or better, ask your bank, they'd probably know.
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Feb 8, 2010 23:21
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kolby posted:I have a Visa Debit Card with First Community Credit Union in Texas. Around Thanksgiving I bounced a $200 check at a grocery store(H-E-B). I got hit with some insufficient funds charges from both the bank and H-E-B as my bank didn't cover the $200. I haven't heard from H-E-B, but the bank closed my account and sent it to collections(Transworld Systems). I owe $191.74. I would like to be able to open up the account again because I've been banking with them for years and it's right by my house. I got my w2 which could basically pay it off, but I can't direct deposit it into my account because it's closed. Here is my questions: Probably not. You can ask, but in most cases an account that goes to collections will be closed for good. quote:2. Why haven't I heard from H-E-B yet about the bounced check? I've accidentally bounced checks with them before and just paid them off over the phone when I got a notice in the mail. Can't say why the store hasn't sent you anything. Maybe they got money from your bank? quote:3. Why did my bank send this off to collections after only 2 months in debt? I've been in debt a lot longer than that before and nothing ever happened -- I would just end up getting out of the red with my paychecks. Banks are moving more quickly to write off bad accounts, especially in small numbers. I've known people with Comcast/Roadrunner debts where the debt is send off within a week or two.
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Feb 9, 2010 07:19
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kolby posted:Okay, even if it's a long shot what should I say? Is this okay: "Hey, I've banked with you guys for 10 years now and this has never happened. I just sent the money order to collections, can I get my account back?" Yeah, basically that. Also ask from a letter from the collection agency that states you've made payment and everything is all square, so you can mail/fax that to the bank. Even with all of that, they still may not take your business, but it can't hurt to ask.
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Feb 10, 2010 00:50
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joebob posted:I live overseas now, but all my credit cards have my mothers house as a billing address. If I stop paying them (can't afford to pay anymore) do I have to provide a overseas address? No, but your home address is going to get a ton of collection mail. An overseas address might deter them from trying to collect though! Pagan posted:Good luck, you might end up in my situation. Bank of America put a notice on Chexsystems and now I can't open a bank account ANYWHERE. Good work! As for Chexsystems, you might want to try somewhere like US Bank. They sometimes offer a 'second chance checking' program for people on Chexsystems, though I think it carries a monthly fee. CubsWoo fucked around with this message at 09:38 on Feb 10, 2010 |
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Feb 10, 2010 09:18
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Safety Engineer posted:I just got verification over the phone from the "law" office that they got the check for the full amount they wanted and closed the account. How long does that take to show up on our credit report? Get written verification from them, and if they haven't updated your account by then, dispute with the bureau. quote:On a side note, what a huge loving pain in the rear end it is to get these people to answer the damned phone. Endless robo calls to our cell phones but when you actually want to talk to them they act like they're doing a favor by just answering the phone. Doesn't make any sense to me. This is one of the many reasons I prefer to deal with collectors by mail only.
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Feb 11, 2010 21:47
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TheWevel posted:Alright an update on this: Sounds good. Get the written confirmation first, then send the check. shop posted:So I talked with the Collector today and he stated that if I did not pay immediately then they would recommend legal action. He stated that I paid $400.00 back when the account was with the bank in 2009 which I most likely did. I asked for a statement saying exactly what I owe and he sent me a letter from his company just with the total owing and options to pay. What are my options now.. the BC provincial stature is 6 years and he wasn't willing to set up a monthly payment. Do I take this to court or am I just hosed? Honestly I don't know. Check to see if Canada has a FDCPA/FCRA analogue on the books, it could help you in court. In US courts, at least, you can really push for them to provide a solid burden of proof and chain of custody of the debt. If they're trying to sue for the $24k or whatever I would suggest finding a Canadian consumer lawyer to help you.
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Feb 12, 2010 03:10
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Cryte Lynn posted:When I entered college at 18, I took out student loans (around $2,500/semester). After a year and a half, I dropped out and applied for a Citi credit card, which I maxed out at my cap of $5,000. I made regular payments for a short while, I don't remember how long, but unemployment and lovely life situations hit me & I was unable to keep paying. I've not improved my situation much since then but right now I owe two ~$2,500 student loans and one ~$6,000 credit card debt. Regarding student loans, you're hosed. Those will never, ever go away (you can't even discharge them in bankruptcy) and they'll go after you in a lot of ways. Typically they just take your tax refund until the debt is paid off but sometimes they can move to garnish. Not much you can do besides ask if they'll do a payment plan instead, really. If it's the credit card company claiming they'll garnish, check some things out first. Like Knightmare said, check to see if you got a judgment levied against you in your county. If you weren't served/served improperly, get the judgment vacated. If you were, again, you're hosed. If you haven't been taken to court, they just violated the FDCPA and you've got a road to countersuing. XakEp posted:Quick question - I have never had any problems with debt or creditors until last summer. A pain specialist sent my 47$ bill to collections, which I promptly paid. I want this off my credit - what should I do? I'm in Colorado. Write a goodwill letter to the collector asking for them to delete it or challenge it with the bureau and see if it falls off. Otherwise, it stays if it's a legit collection debt.
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Feb 13, 2010 10:09
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roffle posted:OP how old are you now and how long did it take to finally settle all of this crap? Did you learn this stuff as you went? Late 20s, learned it as I went. Once I started working on it, most of the repair has taken around 18-24 months, with maybe a month's worth of actual work in there and the rest waiting for letters to be replied to. Impper posted:Okay, so some years back, three or four by now, my gym locker was broken into and my wallet stolen along with IDs and everything else. Being an idiot, I didn't get police reports or anything of the sort; all I did was close my bank account. I have no records of this happening. You can respond by mail, as long as you also include a Notice of Filing along with it (this basically says you swear by oath that you sent the other party full, accurate copies of all the documentation.) Call the courthouse tomorrow morning, you should be able to file a motion to dismiss because of the improper venue, but you'll want to ask one of the clerks what kind of proof to include with your motion (typically a utility bill, property tax forms, something that shows you don't reside in that county.) Some county systems also allow for filing of documents online for a fee, but the more rural counties don't and I wouldn't do it in Cook because they're swamped and the forms may be lost. Right now what the plaintiff is trying to do is serve you, basically. The 'alias issued' is them trying to get a second summons out because they haven't been successful in serving you. In Illinois, alias summons are typically served via certified mail, so I'd assume they have a skip tracer on your rear end trying to find out where you're currently living. Here's what I would do. As above, call the courthouse and get the information you need regarding getting the case dismissed on the grounds of the suit filed in an improper venue. When you file your motion to dismiss, send alongside that paperwork to both the company and its attorneys a statement along these lines: quote:Please note that pursuant to the alleged XXXXX Bank cardmember agreement, I/we hereby ELECT arbitration to resolve all disuptes between us. If your card is like 99% of cards out there, it has an arb clause, and you've now hosed them out of litigation. You don't have to do this part, but it will probably make them stop bothering you AND make any continued litigation a FDCPA violation and means to countersue.
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Feb 16, 2010 02:06
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Paul Allen posted:So I sent in a debt verification letter and they sent back a response saying they'd enclosed the information I requested along with a page that has about 7 or 8 pieces of discernible information, all of which are simply how much my credit card bill was or my old credit limit, and tons of numbers and phrases that mean nothing to me. I suppose they called my bluff but I don't know how this constitutes "proof" of anything. Check and see that the numbers they say you owe match up with the items they sent you. Did they send copies of the paperwork, or just figures on an Excel spreadsheet?
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Feb 16, 2010 02:19
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"[Rob.Baker posted:"] If you don't pay you can probably expect them to keep taking your return until the debt is satisfied. They probably won't file suit since they have something they can attach. hobbesmaster posted:What can you do when a student loan company is demanding payment while you're enrolled full time in school and you've sent them evidence of such (and have the return receipt card showing they got it?). They were ringing a cell phone 10 times in a 5 hour period last Friday and won't take no for an answer. Get your school to send them something as well. If that doesn't work, you may want to get in touch with a consumer lawyer or someone higher up at your school to discuss it. Paul Allen posted:They say I owe them $1,452 while my actual card balance is $933. And yeah, it just looks like something typed up on Wordpad or something. It's not on official letterhead from my credit card company or anything. Tell them you want original copies of statements, cardmember agreements, and accounting of the debt. Let them know how you feel about their Notepad evidence in a respectful way.
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Feb 17, 2010 00:06
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Topper Harley posted:Thanks, Knightmare. I recall the ticket would have been for a specific amount so when I inquired on the phone how they came up with the total he informed me that they added $49 fee to the original amount. Seems pretty legit. I last checked my credit in December and don't think it was on there at that time. I'll most likely suck it up and pay the amount in total but drat if it doesn't piss me off (I was actually shooting a documentary at the time and had video footage proving that I was not speeding, spoke with the court multiple times about sending the video in as evidence but they stopped returning my calls and a house fire destroyed my notes and the tape 2 years ago). Exactly. The 'welp I'll pay but GOD I'M SO MAD ABOUT IT' kind of attitude is why collectors stay profitable. Your collection account was probably thrown in for free or cost them less than $5 to buy. For the cost of a stamp/CMRRR letter you can probably have them go away forever, so do that first.
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Feb 20, 2010 05:48
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DarthJeebus posted:So I just got a disturbing phone call earlier. From the tone you've given them, this agency sounds like scum and may have already violated FDCPA in that phone call. I highly doubt you'll get served tomorrow (or ever). If you do, let me know what the summons and complaint say, if anything else is attached, and any other questions you have. But you're right to think it's basically a scare tactic.
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Feb 23, 2010 23:40
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Swastikatzen posted:Sorry if I missed something on this earlier, but I recently got a letter from an agency on something I defaulted on in 05. I fired back a debt verification letter and got a response. LVNV is a lovely firm, don't bother trying to reason or deal with them. They're notorious for ignoring written agreements and generally being dicks about your debt. Send another letter demanding more information about the debt and the chain of custody and calling bullshit on their verification. Once that's been sent, dispute by mail with the bureaus. Factory Ten posted:I have a bill on my credit report for $74. Apparently its an old bill with Sprint that never got paid. Its now in the hands of some debt collections agency. While $74 isn't that much and I could offer to do a pay-for-delete, is there anything else I can try to get it removed from the credit report that'll save me some cash? Would my first step be to contact the credit agencies and dispute the validity of said item? Or would you suggest something else? As said above, try both. In the end, though, an old cell phone debt that's under $100 isn't going to dent your credit that much so you might just want to let it go.
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Feb 24, 2010 22:22
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Safety Engineer posted:So my wife and I are systematically paying off all of our bad debt in order to get a bigger house. The law firm that had the one big item ($5300), apparently pulled my wifes credit report when we paid them off, bought a bad debt from someone else and tacked on 400 bucks in fees. Is there any damned way this is legal? Legal is a funny word. They can charge you whatever the hell they want, but typically if it goes to court they have to account for it and show it was done properly. So yes, they can do what they've done. Just demand proper accounting, since the debt has now changed hands. The Waffler posted:A collection agency just sent me a notice of a debt that I owe because of a surgery in 2007. Due to some mistake with my father's insurance being switched a few days earlier than it should have, my operation was not covered when the bill was sent out. We tried to work with the insurance company but they have done nothing. I am broke and have no way of paying 4,000 dollars. Medical bills are a bit different, but would go to court all the same. You may just want to send them a letter saying you don't want to be contacted about the debt as you have no means to pay it. They may still move for a judgment, and there's not really much you can do if they've got all their ducks in a row. This is the kind of situation where, once you do have the ability to pay, you might want to seek them out and work with them.
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Feb 27, 2010 13:40
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Corkscrew posted:I walked away from some debt several years back, probably a total of anywhere from $3000-$5000 across a couple credit cards, the bulk of it on one MBNA (now Bank of America) card. I got the usual range of collection calls and letters afterward, and largely ignored all of them. I was dealing with some personal issues at the time, did not have the means to pay the debt, and was afraid of trying to deal with it. Young and stupid. In the last year, I moved and have started the process of getting my life back on track. My next logical step would be to get this debt off my record and start the slow and painful process of rebuilding my credit. You may be able to get the judgment vacated, but it'll depend on your state. Check the court record for things like alias summons - it may be considered sufficient summons for them to mail one to your last known address. Even with that, though, most judges will vacate a judgment and send everything back to the court system if you can show you weren't living at that address at the time (dig up old mail, utility bills, things like that.) Also it's interesting that from what you've shown it looks like it was sent to arbitration at the creditor's request (not surprising, seeing that 12-18 months ago going to arb was in their favor.) See if you can find out who handled the arbitration claim. If it's a group called NAF, you should be able to get the arbitration verdict nullified due to their gross misconduct towards consumers/getting shut down by the MN AG. If it's from AAA or JAMS you may still be able to, but I'd want a lot more info on what happened first. First things first, though, contact the courthouse (or better yet, go in person) and ask how you can begin the process to have the judgment vacated. You'll need the plaintiff/their law firm's info to send copies to them, and depending on how backlogged the court is you should get a status hearing within 60 days to discuss it. The time between could be a factor, but usually not, since these things come up quite a bit. As far as paying it back if you need to, don't worry about that yet. They may have a judgment, but it's telling that they haven't tried to enforce the judgment yet. You haven't had any account seizure or pay garnishments, which is good. If everything stays as is, I'm fairly sure Asset Acceptance would work on a payment plan with you to pay it down. Don't bother with countersuit/counterclaims just yet, work first on getting the judgment gone and then think about moving on the offensive once they have to restart proceedings.
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Mar 2, 2010 15:34
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zharmad posted:I'm helping my cousin on this one. We sent a debt validation letter to NCO financial systems, inc. who were trying to collect on an old card my cousin had. So old he can't remember the original creditor, but he remembers it was sold to providian, then to SST, where he defaulted, then to NCO for collections. The response he got from the validation letter in the op was That's a classic collector tactic: "We'd love to help you, but we don't have any of your information, so please do us a favor and give us all of the stuff we need to collect on this debt we bought." Send them a second letter telling them to gently caress off, and that you intend to sue if they continue collection attempts (reference the phone calls post-cease communication letter as well.) If they don't go away, congrats, your cousin will be getting a check cut from them.
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Mar 6, 2010 02:34
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Bored College Guy posted:An outside collection agency representing a hospital filed against me recently, I filed an answer with boilerplate defenses, and proceedings are scheduled for later on this month. I decided to look up the case records of the plaintiff attorney's prior cases to see what my chances were....he has a 100% win record for his last couple dozen cases (these are not including summary judgments because the defendant didn't show). A consent judgment will stay on your credit report/court record, like other judgments. What I would suggest, if you want to pay instead of fight, is to contact the legal firm and see if they'll, as a condition of you settling (and maybe offer less than 100%, but if you don't care about that go ahead and offer the full amount) in return for them dismissing the lawsuit/deleting off the report. This way the case goes away, a judgment isn't entered on your credit report, and they get their money. I'd probably still fight the case, but I can't speak for what's best for you (and the 100% win rate may not include dismissed cases that the firm gave up on) - if you want to pay or think you'll lose, paying is a good option. Just try your best to see if they'll drop the case first, so you don't have the judgment hanging on. CubsWoo fucked around with this message at 02:42 on Mar 8, 2010 |
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Mar 8, 2010 02:40
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Pagan posted:What do I do when a creditor doesn't respond to a validation of debt letter? I sent out a bunch, and most of them have not responded. So now what? Do I send a copy of the letter and the certified mail signature to the credit reporting agency and say "Look, they didn't respond, remove it!" How do I "prove" they didn't validate debt in a timely manner? You don't have to prove they didn't validate - they have to prove they did. Send that info to the bureau, and a second letter to the creditor detailing what you're doing/warning them not to validate to the agency without proof being given to you. The tone should hint towards an intent to sue letter.
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Mar 8, 2010 17:27
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Safety Engineer posted:So if I pay off the collection agency that holds the account for a credit card we used to have, does the original credit card company update that the acct is now paid off on my credit report? They should update, and if they don't, you prove the the bureau you've paid and they'll update it themselves.
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Mar 9, 2010 03:31
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Bored College Guy posted:I recently contacted this attorney's office and spoke with his legal secretary, who was shocked/flabbergasted that I wouldn't trust them to dismiss the case automatically after mailing in a payment (either she's a very good actress, or perhaps this particular attorney/CA actually does have a sense of ethics). In any case, I am appearing in his office next week to personally hand over the check and have us both sign an order of dismissal. Since his legal secretary was less than helpful in making sure all of my stipulations were going to be in the paperwork, I am planning to send this letter ahead of time CMRR: This seems really well done. Good work! eater posted:Over a year ago I moved out of Maryland. I just received a notice from MD saying I owe about $2500 for "insurance lapse default". It's the first notice I've gotten about it, possibly because it was addressed to a non-existent address a block away. Most of what's here should apply, so definitely dispute it. Find out why they want the money and see if it's valid.
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Mar 12, 2010 03:39
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kicktd posted:I just read the first page of this thread and it comes to me at a good time. I have had debt for about 3-4 years now due to me not being able to work, it took me 1 1/2 years to get on SSI for some form of income so I can actually help out with paying my share of things as this whole time my wife has been so great in working and helping make ends meet. Well I called up the biggest person I owe debt to ($22k) for student loans as I had defaulted on them. After getting in contact with them they agreed to wipe my credit report clean of showing it being defaulted and report it as being current, they said it would take about 9 days to show up correctly on my report. So that's one small victory I have thanks to this thread. If it's on your report, it may be worth trying to settle on a PFD, but at $200 they might not take much less than the full amount. Your call.
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Mar 15, 2010 20:48
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GoochBag posted:I've been making $100 monthly payments to MRS Associates for a Chase account I defaulted on in 2007. Before they contacted me, they had actually gotten ahold of my parents who then called me about it. This happened a few times. I asked them not to contact my parents any more, and they haven't since. Knowing now that contacting friends or family about your debt is a violation of the FDCPA, do you think it's plausible to use that against them? If so, how? Or did that go out the window when I started making payments? Possible, but very, very difficult due to the time in-between. You can still ask them to validate at this point, regardless of your payment status.
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Mar 16, 2010 17:36
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zamiel posted:I bookmarked this thread for the future if another collection agency tried their lovely law breaking tactics on my student loans so I would know what to do. They don't like hearing that I'm on disability and there's not much they can do before they tell me I'm just not trying hard enough. So I can't thank you enough for this. The burden of proof is never on the debtor to prove a debt. The creditor (whomever it may be) has to be able to prove the debt to you, or the collection won't stand up in court.
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Mar 17, 2010 01:08
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Iron Squid posted:I discovered that I have an old cell phone bill of around $80 that has gone to collections. Unfortunately I need to take care of it ASAP because I'm applying for a Sallie Mae loan and having an unpaid bill on the credit report will cause the loan app to be rejected. Send them a letter asking for something in writing, signed by someone with the power to do so, that agrees to the PFD. You can then send that to the bureaus as proof the record should be deleted. GoochBag posted:I only started making payments in July of 2009, which is when they began contacting me. I've now paid them $900 of a $2,199 debt. Does that change anything at all with my previous question? It really doesn't. You can tell them you began making payments under the assumption the debt was valid, but now believe their accounting may be incorrect and you require validation to continue. As for the FDCPA violations, as before, you probably can't use them in a meaningful way in court - but they could be a good bluff in an intent to sue letter, if it gets that far.
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Mar 26, 2010 07:38
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