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  1. Today
  2. Do you have judgments against you or just old accounts? DO NOT do this. There are serious tax consequences to doing this and I am not entirely certain the money would be safe. I would suggest opening a pre-paid debit card to have the paycheck deposited to. You are worrying about the bank account specifically but NY allows creditors to garnish paychecks so if they were going to take your money they would do that before a bank levy.
  3. Possibly. I'm no tax expert, but this is potentially opening a huge can of worms as far as your taxes go. Your current employer would be paying your 'business' at an employee tax rate, and your 'business' would be paying you, possibly at a much higher 'self employment' rate. I'd talk to a tax professional before i did anything like this. It would be easier to set up a checking account with an online only bank (like Capital One, for example). It takes time and resources to locate bank accounts, and most judgment creditors only look for accounts at banks in your state. Have they gotten an order to levy your bank accounts yet? They have to do that before they can take anything from your accounts.
  4. Were you sent a collection letter that contained the 30-day validation notice? Finding an entry on your credit report is not an initial communication that triggers your right to request validation. While reporting to CRAs is considered a collection activity, where does your state law say that a license is required before an account can be reported on your CR?
  5. The company I work for is making me get direct deposit. I don't have a bank account because I'm afraid my creditors will freeze the funds. I was laid off about 9 years ago and my credit and my life were destroyed. I'm living paycheck to paycheck and I've rebuilt my credit quite a bit but still haven't recovered completely. If my paycheck was frozen it would be devastating. My question is if I created a business and opened a business checking account could I safely direct deposit paychecks from my job into that account without my creditors taking it?
  6. They do have hardship programs. Talk to them. Explain the situation. They would almost certainly work out a payment plan rather than having to sue. Realize, if you make the payment plan and don’t keep up with it then you are in trouble.
  7. I only have $700 in my account. Will they take a payment program?! I dont know what to do! I just literally got on my feet.
  8. Ohhh crap I dont have enough money to pay them! Will they demand the $944? I dont have it! I am crapping bricks!
  9. discover will sue...Have you called and asked them to set up another plan? With them ,if it was me, i would try to settle before law suit.
  10. Yesterday
  11. Very good concerns to have, definitely are going about this the proper way. I like your thinking and the way you want to do it I think provides you a lot more peace of mind. I assume you have an iphone or something similar, shoot even Microsoft Word I believe has the capability to record. You would just let me know that you are recording the call, if they ask why can simply say because I don't have a copy of the settlement agreement in writing, I would like to at least have a recorded conversation of our agreement. Then when they say yes, I would repeat the terms of the deal or actually have them repeat them. The balance on the account is $3500, we are agreeing to accept $2700 to settle the account in full and dismiss the case with prejudice upon clearance of funds. I would also ask them to confirm that they won't be requesting a default judgment in light of this agreement/payment. It is too early for them to even request a default judgment, if they did the court would either automatically reject it or you would have some violations to go after them for. As for providing banking information, as long as you don't bounce a check and then change your mind about paying I would not worry about it. The firm isn't going to do anything with your bank info besides that payment, if you changed your mind then they would know where you bank which opens you up for a potential bank levy but again you are resolving the account. Give them the payment info for check by phone, then I imagine they can give you a confirmation number for it, then you are done. With all that said, you have to do what is comfortable for you. I personally have done both ways. If it was a debt buyer, I would be more cautious even though the big ones are reputable. Because it is a law firm and an original creditor account I would record the call and make the payment. Congrats on getting one behind ya!
  12. Ive been out of work for TWO YEARS. I was keeping up with payments but things became so critical I had to stop paying on the card. I found a so-so job 2 months ago. (WHOOO HOOO). Anyhow I just got a letter from Discover saying Im $944 past due with a balance of about $6400 and they plan on suing me. Thing is I only have about $700 in my account. I live in Illinois. I have NOOOOO idea what to do! I cant afford an attorney. I cant afford to pay them $944! Plus I have a car repair looming over my head. I am desperate! I need advice. I hope Im posting this in the correct area. Im close to having a panic attack here. A real one. I have an anxiety disorder. PLEASE HELP
  13. It was servied in person to my wife directly. A fee waiver would not be a problem with our current financial situation. My concern is in mailing a check, they don't process it before the end of the month and then they file for a default judgement against her, then process the $2700 settlement, "forget" the settlement agreement and then come after us for the remainder of the default judgment. I was able to borrow the money so I have the $2700 now and can pay asap- I am just gunshy to trust them to uphold their settlement agreement if I just send the check without the agreement in writing. Should I in good faith send payment without the agreement in writing? I worry that I have no proof whatsoever to back up the settlement agreement. Would they consent to being recorded if I call back monday maybe? Then I have a recording of a verbal agreement. Or am I overthinking/ worrying too much about it? Thanks!
  14. Just want to get a few bits of information straight. Lawsuit was served on who? If it was you that is sub-service (which is fine) and you have longer to respond to the lawsuit, if it was your wife then that is personal service and shorter time period to respond. Think it is 45 days and 30 days respectively, either way I know I will get some pushback from others here, but I don't think you should file an answer here because it will cost you at least $225 to do so, unless you can get a fee waiver from the court. My thinking is this, if your wife was served on 4/28/19, means she needs to respond by 5/28/19 or so. Will you have the full amount to pay the settlement prior to that? I also suggest getting a cashier's check that way they can process the dismissal quicker (personal checks typically take a lot longer to clear and cashiers checks are solid), and they don't have any of your account information. You have the cashier check receipt, you mail it to them certified so it gets you tracking information, and since you haven't received the settlement agreement in writing yet, can write a short note. This check for $xyz is to settle Capital One account ending in 1234 for "wife name". Pursuant to my phone call with Agent John Smith on 5/12/19 at 4PM where agent john smith and I agreed to resolve the lawsuit and account for $xyz. I still have not received a copy of our settlement agreement so please send to me at the address on file as soon as possible for my records. Please also send me a copy of the dismissal of the lawsuit at your earliest convenience. I know you really want it in writing, but if the law firm really tried to not honor it, you could reach out to Capital One and it would be very easy to resolve. I don't forsee that as an issue with a law firm and original creditor. Again you can do what you would like, understandable each way, but the filing an answer seems very inconvenient for you and a waste of good money.
  15. I started my post in the wrong area and cant figure out how to delete it, sorry. Just received it yesterday. It’s a lot to type up. I took pics and made an email account and photo account.  https://myalbum.com/album/0DJNC888BvRi  If you can’t access it without logging in  I made an email just for that site.   pickles1228@gmail.com and the pw is misha1967 any advice on what to do is appreciated. Thank you! 
  16. already have my hearing date next month but nothing out of the lawyer for jdb
  17. Waaaaaaaaahhh. You didn't tell me what I want to hear. Read my signature. I am not running a bakery. I do not sugar coat anything. You asked for feedback on a supposed Federal Law violation. Do you really think the court is going to spoon feed you? I am not assuming anything. My opinion is based upon that garbage complaint you posted asking for feedback and the information you have provided. Now you have a major problem. The SOL to file an FDCPA complaint is only 1 year. You missed the window if there was a violation. The FDCPA only requires they respond to the the first letter you send asking for validation if it is within the first 30 days after their initial contact with you. Any subsequent letters you sent because you didn't get the non-required demands you made met can be ignored and are not violations. Which they can and will ignore until you get a Federal Court to grant a MTC arbitration. Oh but you will. You can file in state court of course but they will immediately move it to Federal knowing you cannot defend yourself there and no attorney will take the case once you filed pro-se with that horrible complaint. I am going to repeat what I said in my first response and what @Harry Seaward said in your MOV thread: GO SEE A CONSUMER ATTORNEY. You are in over your head and do not even realize it. You are about to make a very expensive mistake.
  18. Commack, N.Y.-based Forster & Garbus LLP sought to collect on more than 99,000 debts through lawsuits between 2014 and 2016, relying on “nonattorney support staff, automation, and both a cursory and deficient review of account files” to file those suits, according to CFPB complaint filed on 5/17/19. Federal district court case Forster & Garbus, LLP The Consumer Financial Protection Bureau today filed a lawsuit in the federal district court in the Eastern District of New York against Forster & Garbus, LLP, a New York debt-collection law firm. The Bureau’s complaint alleges that Forster & Garbus violated the Fair Debt Collection Practices Act by representing to consumers that attorneys were behind its lawsuits when, in fact, attorneys were not meaningfully involved in preparing or filing them. The Bureau’s complaint also alleges that Forster & Garbus violated the Consumer Financial Protection Act’s prohibition against deceptive acts and practices by making such representations to consumers through its lawsuits. The Bureau’s complaint seeks an injunction against Forster & Garbus, as well as damages, redress to consumers, disgorgement of ill-gotten gains, and the imposition of a civil money penalty. CFPB v FORSTER & GARBUS, LLP,
  19. This is a very condescending response. Appreciated, but very condescending. You are assuming I cannot defend myself against a JDB in court and would be "steam rolled" by them? Or you are making a full profile of me based on 'the template of death' verification letter I sent 2 and half years ago? My easy-prey letter was sent over 2 years ago and have not been served and no suit has been filed yet. This is also not a major JDB and I know how to verify this information in my State. The credit card agreement 'forces' arbitration to resolve disputes. They are welcome to ignore the arbitration if they want. But I do not have to go to Federal Court for this. I`ll make some corrections based on your response.
  20. They do not have to verify reporting with YOU. This is not a FCRA violation. Oh boy. ALL they are required to provide you under the FDCPA is the name of the original creditor and amount owed. The OC's address if you asked for it as well. NONE of what you demanded is required under the FDCPA and ignoring it is not a violation. Based on your expectation of notarized documents, accounting, and copies of documents I can tell you cut and pasted a REALLY bad and dangerous letter from the internet and sent it more than once. ALL you did was tell them that you do not know the law or your rights and how easy it will be to beat you in court. Which they are free to ignore. In order to get this case taken seriously you would need to file it in Federal Court and you are grossly ill equipped to handle that kind of case pro-se. You would need a Federal Court to order them to arbitrate. Just the filing alone in Federal is $450. You don't way what JDB this is but you should reach out to @BV80 because she is an expert at finding out they ARE registered in FL. We have had a half dozen or more just like you believing a major JDB is not registered in FL only to find out they were not looking it up correctly. Even if they are not registered that is between the state and them you have no private right of action. Hypothetically for a second if they are properly registered you should also be aware there is NO requirement that they send you validation by certified mail. They only have to produce the copy of the first letter you got (which you admit in the suit you received) and they were free to continue collections regardless of ever letter after that. The next thing you should do is consult a good Consumer Attorney because if there really are at least one violation they will take the case for free. My opinion on that idea/suit: you don't have a legal basis for the majority of it and they will use skilled legal counsel to steam roll you on the matter and get the court to tag you with their expenses for it. That could reach $60,000 or more. Do you have that kind of money when you lose? My guess is they have already got their suit together and will have it filed (if it isn't already have you checked the docket) because the letters you sent marked you as easy prey.
  21. @fisthardcheese Yes, stipulated dismissal. I will send the atty an email on Monday morning, see what happens. I shouldn't even worry about the credit report, really, as the SOL will be here before I know it. I will mill all this over this weekend and decide what to do Monday morning. The way I see it, and my first thought when I saw the stipulated dismissal was the without prejudice, that was chosen for a reason. Maybe it is only the most common dismissal, the easiest, or cleanest for them, but maybe it was chosen to refile and keep options open in the future. I do want this over but to close the book on it for good would be nice. Thank you for your reply.
  22. I would deny 3, 4, 5 and 6 as "without knowledge and information". Each jurisdiction sets their fees. Most of the time it's a one time fee for an answer and then no charge for anything else. Other jurisdictions charge for the answer and each motion/additional filing. Google court filing fees for the court you're being sued in.
  23. Update to this case. Calvary made a big mistake with this account. I contacted a consumer debt attorney because I had a notice for a class action. This attorney is taking on the class action issue, and looked into this Calvary complaint. Calvary filled this complaint in a county I do not reside in, and claimed I entered into contract with them while being a resident of this county. That is a flat out lie, and my attorney is suing them as well. I will keep you all posted with the results of my attorney.
  24. These are the violations I have so far. Please let me know your thoughts if these are reasonable and actionable violations. JDB has account that they failed to verify to me, is reporting incorrectly and incomplete, verified to the CRAs inaccurate information, is listing this with 19 Failed to Pay monthly payments, open terms, past due amount, etc. The intended suit will be based upon violations of JDB to Sections 1692 of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-1692p and Section 623 of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681.. The specific failures of JDB are as follows: 1. § 809(b) Validation of debts [15 U.S.C. 1692e] JDB is not allowed to pursue collection activities until the debt is validated. In TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity. JDB received a request for validation from me and have not responded to that request in any way, and since that time JDB has updated information on my credit reports every month marking this account late, past due, open balance. Each of these updates constitutes a violation of FDCPA. The required documentation requested was pursuant to the FDCPA, as well as case law including Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509and Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002)- 2. § 807(2) (A) The false representation of the character, amount, or legal status of any debt [15 U.S.C. 1692e] JDB has falsely represented and reported this debt to the consumer reporting agency Experian, Equifax & Transunion as a closed installment account, with open terms, monthly payments and past due amounts. 3. § 807(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false [15 U.S.C. 1692e] JDB has falsely communicated to the consumer reporting agency Experian, Equifax & Transunion this account as an installment account when they have actual knowledge that this is a collection account. 4. § 807(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer [15 U.S.C. 1692e] JDB falsely and deceptively represented this account as a past due installment account to the consumer reporting agency Experian, Equifax & Transunion since the impact on a credit score of a past due installment account could be far greater than a collection account. 5. § 808 Use of unfair or unconscionable means to collect or attempt to collect any debt [15 U.S.C. 1692f] To result in a far greater derogatory impact to my credit scores, JDB unfairly reported this account to the consumer reporting agency Experian, Equifax & Transunion as an installment account and also reported it as being past due with late monthly payments. 6. §623 Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate [15 U.S.C. § 1681s-2] On several occasions JDB verified electronically to consumer reporting agencies, specifically Experian, that the information currently reported is correct despite having received my notices of disputes thus having reasonable cause to believe that the information is inaccurate since they were clearly notified that information is currently reported as an installment account and also reported as being past due with Open terms. 7. §623 Duties of Furnishers of Information upon Notice of Dispute [15 U.S.C. § 1681s-2] Section 623 (b) (1) (A) - conduct an investigation with respect to the disputed information; On January 3rd, 2019 I sent JDB a request to verify the reporting. After receiving notice of dispute, the furnisher of information has 30-days to initiate an investigation to verify the dispute item of information and report the results of the investigation to the consumer. On January 9th, 2019 JDB responded to my request with an itemized description of the debt which cannot be served as verification since it does not provide the information requested. I lawfully requested a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, a copy of any legal instrument, bearing my signature, which supports their basis for the continued reporting of this alleged debt and the assignment or purchase agreement for the alleged debt between JDB and any other entity including the Original Creditor. On January 10th, 2019 I sent JDB, via Certified Mail, a second notice of dispute from me requesting to send information that verifies their reporting or to delete this information. On January 17th JDB responded with another itemized description of the debt failing to provide the information request. JDB has bluntly and carelessly failed to respond to my requests for verification in violation of the requirements of furnishers of information under the Fair Credit Reporting Act. (Ignore the dates) 8. §623 Duties of Furnishers of Information upon Notice of Dispute [15 U.S.C. § 1681s-2] JDB received, on January 8th, 2019, via Certified Mail a notice of dispute from me, requesting to send information that verifies their reporting. After receiving notice of dispute, JDB has not been able to send any information that could verity this reporting. JDB has failed its duties as furnisher of information by not deleting this item of information from all consumer reporting agencies once it has not been able to verify this disputed item under section 611(a)(1) [§ 1681i] of the Fair Credit Reporting Act. 9. Negligence noncompliance [15 U.S.C. § 1681o] After being notified a total of five times that they are inaccurately and incompletely furnishing information regarding the above-referenced account to the consumer reporting agencies and being sent via Certified Mail evidence that their reporting is inaccurate, JDB negligently continued to report this account as an installment loan with Open terms and past due amount and has failed to notify to consumer reporting agencies to delete this item of information pursuant to Section 623 (b) (1) (E) (ii) of the Fair Credit Reporting Act. 10. § 807(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer [15 U.S.C. 1692e] (trying to find any possible language here and see if attempting to collect a debt when they are not licensed to collect in my state could constitute a violation under 807.10 since they are falsely representing themselves as being legally able to collect this debt) 11. § 806. Harassment or abuse [15 U.S.C. 1692d] On May 15th, 2019, via CMRR, I sent notice to JDB to provide evidence that they are allowed to collect debts in Florida since JDB is not an entity listed in the Florida Department of Corporation nor an entity listed to have a valid collection account at the Florida Office of Financial Regulation. JDB failed to provide such evidence and continues its collection efforts on this account when they are not legally allowed to collect a debt in the State of Florida. 12. § 807. False or misleading representations [15 U.S.C. 1962e] JDB has indicated they have a right to collect this debt and that I have a legal obligation to pay this debt and has indicated I’m legally bound to JDB and their collection of the debt when they are not legally allowed to collect a debt in the State of Florida. 13. § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] By viewing my personal credit file under the pretense that they are licensed to collect in the state of Florida, JDB has knowingly and willfully obtained consumer credit information under false pretenses. 14. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. JDB has violated and continues to violate its mandatory duties under the FDCPA and FCRA. For all of these reasons, I hereby give Notice of my Intent to initiative Arbitration against JDB within 30 days of this notice should JDB fail to delete in its entirety, within 10 days of the confirm receipt of this notice, this item of information from all consumer reporting agencies pursuant to Section 623 (b) (1) (E) (ii) of the Fair Credit Reporting Act 15 U.S.C. § 1681 and send, via regular mail, a written confirmation.
  25. I, believe, this is a good case to throw into a MTD as the courts lack jurisdiction to render judgment on the merits which must be submitted to a arbitrator to decide.
  26. Thank you very much. JAMS language is ambiguous in rules section.. I counted 52 days until this is out of the 5 year SOL. If Arbitration is initiated next week before a petition is filed in court, will that keep Discover in the Arbitration process until that SOL passes? If Arbitration is done too soon it would backfire if Arbitration was cancelled for Discover non-participation before the 5 year SOL date and then they turned around and filed petition in small claims court. Since this is the first time initiating arbitration not sure of the timeline involved with the process. Looking to go the 3 year SOL DE route, but it would be a stronger stance if it got it to the 5 year SOL as allowed by state statute.
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