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Everything posted by shellieh98

  1. I agree with sea dragon. If you file BK7 now, it wills stop the immediate foreclosure. If you went from a paycheck to SSI, it might be something you would have had to do anyway. It would also free you up from any of your other unsecured debts. You could use any money you had then to pay a BK lawyer. While you could do it yourself, if your ill, it is complicated, and might be better to have a BK lawyer handle it anyway. This would give you time to apply for the back payment thing, and maybe a modified loan. At any rate you need to do it soon. Go to the court to get a copy of the summons, and answer it ASAP. I would put denied on everything but your name and addy. Good luck
  2. You could try to submit a motion to dismiss, and motion to compel Arbitration. Not sure if the cc. you had has an arb clause, would be worth finding out. You would look for a clause in the contract for AAA or JAMS.
  3. look in your ak rules, there should be something about when you can file one. most are 1 year, some are 6 months. . I would try to do the arb, they have a habit of waiting, then filing a MSJ before the year is up.
  4. Look up posts by @texasrocker he has helped many Texans win their suits
  5. could be a mistake, if it doesn't reappear, your lucky. More likely they sold the account. But you may not know that for another year or so.
  6. you asked should you provide this stuff to court, are you being sued? The CA that is sending you the notice NOW, have they ever sent you one before? I would write a certified letter disputing the debt asking them to provide debt validation. Is this you debt? was it, and then sold? at this stage you need to just dispute until you can get more info. did you ever have an open account with the original creditor that was not paid? If not, I would send the credit reporting agencies a dispute also, asking them to remove or validate it. If they validate it and you still don't think it's yours, write them a letter asking for their method of validation. They would then need to send you the name of the person who validated and phone number so you could follow up, OR remove it off your credit report.
  7. Please answer the questions BV80 posted, it will help. thanks
  8. Yep, My FDCPA Attorney was in NY, and I am in Colorado. The lawsuit they file is in federal court, so they can be in any state. I doubt it will go that far, but if it did, it would most likely be the federal court closest to you. A good FDCPA lawyer will take your case on contingency.
  9. was the case in MS filed in Justice court? or county court?
  10. Great job! now the waiting game. Make sure you tell us if they try to send you any admissions or Rogs before the court rules, they shouldn't be doing that, but you will have to answer with some objections.
  11. is this the case from last June? so you lived in MS when you were served, and since then nothing has happened on the case and you moved to California? How long ago did you move? Did you notify anyone from your case in MS that you were moving?
  12. I found most credit cards either lower your limit to just slightly above what you currently owe, OR cancel it altogether. Canceling it does not relieve your obligation to repay what is owed, so they are lowering their risk by not letting you charge any more on it, but still expect payment back. I think stop paying on cards in order to negotiate 6-9 months down the line will probably get you sued instead. You can negotiate with each creditor while your current. In fact, you might even be able to get a regular payment with no additional interest set up. Or they may settle for a lower amount, with payments, but of coarse all your cards would be canceled. At least if you negotiated this way your credit score may not go through the ringer, you would not show late payments. Just my opinion.
  13. I would file with JAMS first, let them bill plaintiff, and when they close case because Midland has not paid their share, then I would file with the court. That way they cannot come back on you and say you only did it to get out of the court suit. They will not file, I have only seen them file once, and it was for alot more money than 500.00. Original creditors will, but not Midland.
  14. 6 years + 30 days. So you're looking at Jan. for the SOL to be expired.
  15. Congrats anebturia! I'm glad I could help. now get your fees back.
  16. File a general denial. admit to name, county/venue and that is it. You don't need to answer each number, just a general denial in a simplified civil court. Affirmative defenses. 1. Defendant has elected PRIVATE CONTRACTUAL ARBITRATION WITH JAMS PER agreement. 2. Plaintiff lacks Standing. then follow it with a motion to compel private contractual arbitration. call your court. If they charge you for each motion, you may want to skip the answer since that will cost you 250 or so, and go straight to the motion. Make sure you get a date for your motion to be heard. The filing of a motion will stay the case (means you don't need that answer in until the judge decides the motion) I would have the answer ready to file in the rare instance your motion would be denied. There are several samples of the motion throughout this fourm.
  17. AAA does, JAMS seldom does, if you initiated it. But sometimes they will start you're case if it is in you're contract that OC pays for it. In that case you could start without the 250.00
  18. They wouldn't settle for that anyway. They know people who want to buy homes and such, this gives them the upper hand. do as fist says, otherwise, wait for it to fall off.
  19. If you pay the 250 to JAMS, those fees are not refundable. However, If you pay them, it shows you are serious about going to arb. If your MTC is granted, and they want to dismiss, you can ask for your JAMS fees to be paid back to you by the plaintiff since they refuse to proceed, and your compel motion was granted.
  20. Lady Luck, can you answer these questions? 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. @BV80 can you move this thread to is there a lawyer in the house. thx.
  21. Well, it didn't take long after I got a lawyer involved. We settled without going to court. I got some, My son got some, and the lawyer got alot lol.
  22. Smitty have you read the threads by ASTMedic pinned at the top of the forum, or the one by Homelessinca? Both lead you thru a step by step process. There is not a whole bunch to do until closer to the court date, but read through those threads, it will help determine where your at.