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Showing content with the highest reputation on 08/03/2015 in all areas

  1. 3 points
    I spoke with Equifax and when the negative tradeline is past the SOL in your state, your credit score will get a bit better. They told me it does not count so much as a negative. While still appearing for 7 years, it is not looked at so bad as it did lets say 1 year or more prior to the negative appearing.
  2. 2 points
    It is still legal for them to collect on a debt past the SOL, it is not legal to file a lawsuit on it. The alleged debt can be reported to the CRA's for 7.5 years. A lot of times just before they sue you they will check your credit report. In your case they should be much less likely to sue due to the SOL, but it does happen. You will have a good affirmative defense and a FDCPA cross complaint if they do sue you.
  3. 1 point
  4. 1 point
    i am sending the letter to Attorney to let them know i am electing arbitration via JAMS... since this has not gone to court yet, do i need to include the JAMS forms with the letter?
  5. 1 point
    My argument would be if it is a rubber stamp and not a live signature they have no way to prove who used the stamp to do it. Joe the Janitor could have stamped the documents and therefore any statements in the affidavit is not admissible because a rubber stamp cannot attest to records. A live signature is needed to authenticate the statements made.
  6. 1 point
    I would at the very least send a demand letter for arb with JAMS in response to their Intent to sue. This would afford some protection that they can't file in small claims without fear of having to go to arb with jams. His arb agreement states no arb if he is sued in small claims. If he elects before, then legally they can't file...in any court. If they do, I would either get it kicked into JAMS, or counter sue, or better yet find me a NACA attorney to do it for me.
  7. 1 point
  8. 1 point
    Because they will not go to arbitration, it would cost them to much. If they file before the sol runs out, there is a chance you could lose. You would need to learn the rules of civil procedure for California, and fight it, with a chance at losing. You will be taking court off the table by electing arbitration before they file against you. If they file anyway, you can get it dismissed, and maybe sue them for an FDCPA violation.
  9. 1 point
    I would elect ARB now. If they file in small claims before you can to ARB, then there is a clause that keeps it from going into arb. this part of the agreement here. What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. So If it were mine, I would send a demand letter ASAP CMRRR disputing the debt with Cavalry, and demanding arbitration with JAMS. Then I would go to the JAMS website and file. If they file in small claims court before you do either of these things, and they do it before the sol expires, you will have to fight it the old fashioned way. If you file it will cost you 250.00. The agreement says they will pay from the first day of the hearing, but in order to get the ball rolling, you need to pay the initiation fee. Your fees are capped at 250.00, and in California even if they did take you up and go to ARB, they cannot collect any fees they pay for arb back from you. (I need to find that little rule, it's a gem for cali) You can just send them a demand for arb, and hope that prevents them from filing. If they do file, this gives you a counter claim, and you could ask for a dismissal because you already elected arbitration.
  10. 1 point
    @credit2011 One of the reasons for the above is due to the fact that you can't be sued (or will have a solid affirmative defense which would result in a dismissal), you won't have a judgment against you which could result in possible wage garnishment or a lien on property.
  11. 1 point
    @h8spleadingpaper Whether or not a JDB can or will sue has nothing to do with credit reporting. Unfortunately, there's no violation for reporting past the 4-year SOL. The state SOL for collection/litigation is a different type of SOL than the federal SOL for reporting. According to the Fair Credit Reporting Act (FCRA), an entry on your CR can remain for 7.5 years after the date of first delinquency (DOFD) reported by the OC. The DOFD is the date that you were late and never again brought the account back to a current status. A JDB can report up until the end of the OC's DOFD.
  12. 1 point
    For all debt buyers who send you the first collection (or "welcome") letter, I highly recomend sending a dispute letter in return CMRRR. The reason for doing this is to protect your rights under the FDCPA and also to set them up for their future violations of the FDCPA. A good majority of JDBs will eventually violate, but you must take the proper steps first or that violation will mean nothing. Next, I would never say "ownership is not disputed". Until I am provided a proper, legal chain of custody showing that a JDB purchased my specific account from the OC, then I have no clue who legally owns my account. Therefore, it is always in dispute as far as I am concerend until such proof or a court rules otherwise. Lastly, if this were me, I would file an arbitraiton claim for each account that is sold to a JDB that has a card agreement containing arbitration. Filing arbitration now will prevent them from legally suing you in court. They may try, but they would be violating federal law if they did. Arbitration will cost you a maximum of $250 per account. Some will cost you nothing to file, depending on what the card agreement says about who pays to file arbitration. $250 is probably much cheaper than settling each account for 25% (which I highly doubt you would get that low of a settlement this early on anyway). Arbitraiton will cost them up to $10k and they will have to pay it, while your cost is capped at $250 at the most. 99% of JDBs will not arbitrate. They would rather drop the account completely than pay for arb.
  13. 1 point
    Dear Future Pro Se's, As promised, here are the redacted versions of the Trial Brief, written Objections, and Declaration in Support of written Objections that I used in my case: Defendant's Trial Brief: REDACTED TRIAL BRIEF.doc Defendant's Objection to Plaintiff's Declaration in Lieu of Personal Testimony at Trial: REDACTED OBJECTION TO PLAINTIFF'S DECLARATION IN LIEU.doc Declaration of Support of Defendant's Objection to Plaintiff's Declaration in Lieu of Personal Testimony at Trial: REDACTED DEC IN SUPP OF OBJECTION TO PLAINTIFF'S DECLARATION IN LIEU.doc You'll need to read the entire documents, line-by-line, and tailor them to meet the specifics of your case (by changing things like the Causes of Action, etc). You may also have to add things to the docs (for example, there was no Breach of Contract Cause of Action in my case, so if there is in yours, you may want to introduce arguments regarding this). Wherever possible, I've tried to indicate specific items that you will need to fill in with your own info by using brackets "[ ]" or replacing my information with "XX"s, or using "he/she" when referring to particular people in the case. You should be sure to go over everything very carefully and replace my particulars with your own, including the info in the footers of the docs (very easy to miss, if you're not looking for them), in order to avoid giving the impression that you are re-using form docs without understanding them. I really hope that these will help future people on the site. It goes without saying that I am not a lawyer and have never attended law school. Nothing in this thread should be considered as constituting legal advice of any kind. Just some thoughts from a fellow Pro Se, who was fortunate enough to find this site and receive the very generous help of some excellent human beings. Good luck with your journey. Best, H8spp
  14. 1 point
    I don't think being sued qualifies as an event that gives you an additional free report. But you are entitled to a free report each year from each of the credit bureaus. So you can get 3 free reports a year, if your previous report was from Transunion, use Equifax next time, etc. Unfortunately they don't have erase the trade line after dismissing your case. Fortunately though, the allowable reporting time on their trade line is tied to the allowable reporting time of the trade line from the original creditor. So whenever your trade line from the original creditor hits the reporting limit (7 years from the original default), any collections trade lines based on that account have to fall off your report too, even if they have been reporting less than 7 years. FDCPA suits: For SOL violations - what matters is when they filed the suit. If they filed the lawsuit before the SOL was up, they are okay, there is no violation. When there is a violation, you have just one year from the date on which the violation occurs to file a suit against them.