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Showing content with the highest reputation since 06/18/2021 in Posts

  1. If you want to run out the clock, you need to lay low and not call attention to yourself. Disputes with CRAs have been known to wake up creditors.
    3 points
  2. Dear X, I dispute this debt and demand validation. Yours, You Don't sign it by hand. You don't want them to have your signature. Best to send this CMRRR. If they try to collect the debt before validation, that is illegal.
    2 points
  3. I just love when I get these. Makes my day! his Email is to notify you that You are going to be legally prosecuted in the Court House within a couple of days. For non-payment of your debt dues. Which will be criminal prosecution and because of it your SSN is put on hold by the US Government, so before something goes wrong we would like to notify you about this matter. It seems apparent that you have chosen to ignore all our efforts to contact you in order to resolve your debt with ACE Loan Services. At this point, you have made your intentions clear and leave us no choice but to protect o
    2 points
  4. It was a scam. The call could have been from a basement level JDB who purchases time-barred debts and makes threatening phone calls to frighten unsuspecting consumers. Legitimate collection agencies do not threaten lawsuits over the phone. Chances are you will not be sued. If you are and the debt is, in fact, yours, you’d have an SOL defense and FDCPA counterclaim for a lawsuit filed on a time-barred debt. But, I wouldn’t waste time worrying about a lawsuit that is, most likely, not going to happen.
    2 points
  5. Big update: I have reached an agreement for a mutual dismissal with prejudice! Thank you all again for the advice and encouragement! Some small details if anyone is interested: The attorney reached out to me first about 2 weeks after receiving their copy of the JAMS documents I sent. JAMS hasn't even opened the case yet. I'm out of pocket less then $75 in direct expenses because I qualified for court fee waivers so I don't mind not recovering anything monetary.
    2 points
  6. You did fine. You got a stay to get into arbitration. That is pretty much the best you could hope for with this judge. Now, file in arbitration. Send copies of your filing in arbitration to the opposing attorney, of course. You will also need to send the judge some proof that you filed in arbitration. When you get a response from the arbitration forum that the case is open, send a copy to the court. That shows you did your part.
    1 point
  7. Not an uncommon argument. The response is that if this is the card agreement they state belongs to the account then they are bound by the terms and you are free to assert that term when they said it was the account in question. The terms go both ways not just in their favor.
    1 point
  8. I’m not going to waste my time reading what some random person on the internet says. Seriously, there is a lot of bad stuff out there. I used to use some of those templates, and over a decade ago so did others on this site. Eventually we all learned from hundreds or thousands of DV letters. Those templates are worthless. All they do is make the creditors laugh at you. The sample DV letter I sent does everything. It fits the FDCPA 100%. Simple is better.
    1 point
  9. There’s no way of knowing if you’d be sued, so I’d pay it considering you still have several years left on the SOL. For me, I’d want to remove the possibility of a lawsuit.
    1 point
  10. Please start a new thread and give more information, such as what state you are in, what sort of court, and the original creditor. Based on what you have given us so far, all I can advise is for you to answer the complaint.
    1 point
  11. No NO and NOOOOO. This all changed over a decade ago. There is a federal law that requires a bank to verify that the account funds are not from an exempt source BEFORE freezing or levying the account. As long as a consumer does not co-mingle the funds in the account with non-exempt funds and does not keep more than 2 months worth of benefits in the account the bank cannot and will not freeze or levy the account. There is no need to send a notarized statement to the opposing counsel or court. If they want to spend the money to chase nothing let them. Anyone who is on disability live
    1 point
  12. Found this handy document that calculated the trolling period for each state due to COVID. 2020_USLAW_NETWORK_COVID_19_Statute_of_Limitations_Quick_Guide_COMPILATION_version.pdf
    1 point
  13. After default, a bank is required to charge off an account within 6 months (180 days) if the account is not brought back to a current status. During that 6 months, the bank can charge interest and late fees. After charge off, the bank can continue to charge interest as long as it continues to send periodic statements to the consumer. Again, not all accounts are sold to debt buyers. Some banks don’t sell them at all. Discover Bank is an example of a bank that keeps defaulted accounts.
    1 point
  14. This is apparently the latest scammer trend. I actually received two similar voicemails Friday from unknown numbers that I did not answer. These seemed to know my name and nothing else, said if I didn't return their call that day they would be "serving you at your address with a citation for an offense" in a county I had never heard of, much less ever lived in. I googled the phone number they instructed me to call and it came up as Newport Beach, California. Not only do they not threaten lawsuits over the phone, a process server will never call before they show up to serve papers.
    1 point
  15. Hey there CICers! Hope everyone is well. I stopped in to find some information that I suspected would be in the forums (and of course it was!) I hope everyone is fantastic!
    1 point
  16. It is not too late to file a Motion for Dismissal with Prejudice. What that letter means is the Plaintiff has a new attorney. That might be bad for you, because the old attorney likely would not have contested a dismissal with prejudice. The new attorney might. File the same motion, and copy the new attorney. Your argument that they disobeyed the court order by not responding to your arbitration case still stands. The new attorney might get the fees paid right away and object to your motion. Or maybe not. Has the case been forma
    1 point
  17. Thanks BV80. My brain is fried, I don't know why I didn't reference the AZ laws myself for relevant info. I'm surprised, yet not surprised, none of the three attorneys I consulted knew this. Being honest, and with no disrespect intended to the attorneys, I've found most of the lawyers practicing in this area to be really sub-par and/or lazy. Frustrating. Really appreciate your help a lot.
    1 point
  18. The attorney is wrong. Here’s the applicable AZ statute. 12-506. Action barred by foreign statute of limitation, bankruptcy or insolvency A. No action shall be maintained against a person removing to this state from another state or foreign country to recover upon an action which was barred by the law of limitations of the state or country from which he migrated. That plainly states if you move to AZ from another state and the SOL has already expired in that state, an action cannot be filed against you in AZ.
    1 point
  19. Thank you very much and God bless. Very informative
    1 point