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Showing content with the highest reputation on 03/03/2014 in all areas

  1. Thanks to Peter Holland: http://www.bostonfed.org/commdev/c&b/2014/spring/debt-buyer-lawsuits-and-inaccurate-data.htm
    2 points
  2. Update: Looks like Midland is giving up, they've dropped off my latest credit report update via Credit Karma. SOL is past as well, so I should be in the clear.
    2 points
  3. Mine went exactly the same today.
    2 points
  4. I would probably want to inform the court of any case law that supports the argument that the interpretation of the meaning of terms, such as survivability, in an arbitration clause, is for the arbitrator to decide. I would also probably point out that Cap One had (likely) failed to submit anything to the court that indicates that they were permitted/required to abandon the previously applicable arbitration clauses that have a sub-clause indicating survivability. I don't know if this is the Cap One agreement/settlement that H&H is alluding to in the OP's case: http://www.arbitration.cc
    1 point
  5. @Joeyd You need to check with the court to find out the amount of the judgment. The added amount might be attorney's fees. In any case, find a way to verify the amount being claimed. If they've misrepresented the amount, the law firm could be in violation of the FDCPA.
    1 point
  6. Great Job! Just keep your FDCPA manual in your pocket in case they take other action. My best guess is that they sell it to a third tier JDB now. Since the SOL is up at least you can sleep!
    1 point
  7. @wyskiel it is possible Chase held onto it...happens all the time. Portfoolio is both a CA and a JDB so that's no indicator. If Chase sent a 1099c, and it has ALL there identifying info on it (EIN #?), assume they filed with the IRS. Have your tax guy deal with it.
    1 point
  8. If they don't sue, you have them on a FDCPA violation (threatening to take action they don't take).
    1 point
  9. Yes, the DEPO was cancelled by the JDB at the last minute. And specially thanks to Anon Amos and Calawyer, great suggestion-- asked for a translator and required the transcript ( to be issued after DEPO also to be translated ) and also, I reserved my right to make changes/ further explanation &/ or correction after the DEPO in writing after reviewing the transcript..... Not only I requested in meet & confer letter & pushed them to respond, but I also case filed with the court. Since they were the one who asked for the DEPO ( after the written doscovery), they would be the one r
    1 point
  10. In your situation I would not send a DV letter. I would say maybe even within 30 days of the first letter. I wouldn't contact them unless you want to settle and have the money to do so. I usually don't use the "S" word, but that is not a lot of money to get into trouble over. Believe me when I say this entire process will consume your life and is extremely stressful. A few do enjoy the fight, but I'm not one of them. Many of us are also here because of a job loss or other sudden emergency. The only difference is most of us started this in so deep that we couldn't recover. Some here have outs
    1 point
  11. The subpoena is form SUBP-001 you can download It on ASTMedic's thread, fill it out, then take it to the court clerk to get it stamped.
    1 point
  12. I challenged the admissability of all their "evidience" with a MIL, filed a week before trial as per my local rules. Plaintiff tried to get it admitted by attaching the documents as exhibits to a CCP 98 statement. My MIL challanged that CCP 98 and all of it's exhibits. Plaintiff dismissed the morning of trial without a fight. My judge has a reputation for sticking to the code regarding affidavits, bills of sale, hearsay, etc., they knew their case was sunk, IMO.
    1 point
  13. I have no idea what others "should shoot for". I am willing to work for what I want. There was a presumed agreement between the parties. One party alleges a breach. If similarly situated I would treat the resolution as a business decision. It is rarely smart business to roll over and die. It is also rarely a smart business decision to shoots oneself in the foot. I would conduct myself accordingly. It is strictly business in my opinion. Others can speak to the morality of or other theories of how to conduct themselves in a business contract. Lacking lies, fraud, or deceit it is unlikely moral
    1 point
  14. Hang in there Sea. Life has to get better.
    1 point
  15. I have no experience with, nor have I seen any evidence or statistics that would indicate that a DV letter could be the proximate cause for "cleaning up" a credit score. I have no experience with, nor have I seen any evidence or statistics that would indicate that a DV letter could be the proximate cause for preventing or precipitating a collection lawsuit. I have used collection lawsuit wins to clean up derogatory tradelines on my CR. It is not for most people. It is not guaranteed. It is not fun. I have sent and failed to send a DV letter to OC DC attorneys with less than one year sinc
    1 point
  16. I don't know CA rules, but if you sent discovery and they answered by denial or objection or otherwise did not provide you with what you asked for, be sure to MOTION TO COMPEL discovery. At least in Arkansas, not doing so recently cost a forum member his case. There are a lot of CA members to comment on and perhaps 'tweak' my opinion. Even though they have the burden, the judge will want to know that you were proactive in getting all the info you need. Either way, good luck! -J
    1 point
  17. The SOL for filing a lawsuit against you is 6 years in NY. You would be insane to start disputing entries that have 5+ years left for the creditor to sue you. The only thing you will do by starting these disputes now is wake a sleeping grizzly bear and encourage him to bite you in the @$$. Without knowing your FICO scores there is no way to predict if you will get a secured card. The major problem you have is that the biggest supplier of secured cards is Cap1 and you have already defaulted on them so they are not going to give you another one. If you belong to a credit union and have a
    1 point
  18. Update The illegal taking of my money has finished. Further recourse is precluded. I fought hard and know that through helping others the industry has lost millions because of my helping here so I am secure in the knowledge that seeing financial industry under belly that shorting the financial industry stocks was a good choice. to date I have made 3 times as much as they have taken. So fight hard CIC peeps. and think outside the box.
    1 point
  19. This pertains to me and my situation - I received a 1099C from Chase in Jan and I entered the amount that was in line with my figure on line 21 of my 1040. I also attached a 982 claiming insolvency to offset the entry but the tax was figured on the total AGI before the 982 adjustment. I sent my federal by mail on the 4th of Feb and I watched the website for the status of my refund. This morning Mar 1, 2014 it was updated as 'refund approved' and I would have the refund deposited to my bank account on the 5th. It showed my refund as the total I originally expected before adjustment. I
    1 point
  20. Or make sure the lawyer didn't drop the ball and now you have a judgement against you. You can go to the court and ask to see the file.
    1 point
  21. Yes you can get the subpoena from the court, and the process server is one you hire (yellow pages), a friend to serve for you, or you can try the sherriffs office, they do service. The best one would be the sherriff. It costs to have them do it.
    1 point
  22. You need to find out from your lawyer where things stand. If your lucky CACH may have sold the account to another JDB once they found out you had a lawyer.
    1 point
  23. 1 point