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  • Topics

  • Posts

    • I'll report what their response is - so far nothing.... crickets. But we are talking about a week or so since I mailed my offers - so a response may not be forthcoming for another week or so.
    • That makes sense, thank you. I will wait for them to contact me
    • As has been pointed out, moving to another state may not help with the SOL.  Most, if not all, states have a tolling statute which means if you move to another state, the SOL is tolled (stops running) in the state you left.  Therefore, the SOL would not expire in Arkansas.  You would need to check AR law and the laws of the state to which you might move regarding how it deals with defaults that occurred in other states.   It can get a bit convoluted and confusing, so it might require speaking to a consumer attorney in the new state of residence in order to get some answers.
    • I don’t know what is best for you because I’m not you and I don’t know your circumstances.    I, personally, would lay low because it is rare for a creditor to sue again after they initiate a MTD without prejudice.  And if they do it will almost certainly be with a different law firm.    To put it concisely, this law firm doesn’t want to deal with you.  The creditor probably  doesn’t want to deal with you with a different firm. They prefer the easy cases.     Moving to another state may not help the SOL situation, and could be a big hassle unless you were planning to do so anyway.    A PFD usually requires paying off 100% of the loan.  If that is better for you than having this on your credit report, go ahead. If not, don’t.    The one thing I would strongly suggest — if you hear from another law firm at a time you are not on active duty, immediately file in arbitration.  That will keep the case out of the courts, which may be better for your security clearance.  
    • Sooooo it's been roughly 17 months since I filed my answer to the lawsuit filed against me by LBN.  Once I filed the answer I heard very little from LBN.  I did a couple of times get a big packet of paper which was some sort of debt validation which I never initiated.  In May of 2021 my security clearance was restored and in July I returned to military service, first with drill, then on active duty orders starting in August.  I've been on active duty since then with the exception of a 40 day period in December and early January.  As a Reservist, any time I break orders...even for 24 hours...it's considered an initial entry onto active duty which has a number of cool FCRA SSCRA FDCPA benefits. Anyhow...on 8/20/2021 LBN filed a MTD without prejudice which was granted 10 days later by the court.  It's been crickets since then with the exception of one letter sent asking me how much I'd be willing to pay to settle which I ignored, but kept in a file. Any strategy here with LBN?  Lay low?  Make an offer with PFD?  Change residence to a different state which would promptly put this out of SOL?  While it seems the immediacy of a lawsuit has passed, LVNV continues to report this tradeline every month.  This is literally the only less than optimal tradeline on my report, is probably affecting my score 40-80 points, and I honestly would like it to go away. As in the past I'm open to suggestions.  Everything offered before has been rock solid!  Thank you! RAH    
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