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Clydesmom last won the day on March 25

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About Clydesmom

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  1. You may not want to depending on when the default happened. The problem for you as co-signor is that when the primary borrower filed BK it did not discharge your obligation on the debt. You still owe this. If the SOL for suit is still alive disputing this now may simply spur the credit union to sue you for the debt. That is because "charge off" is an accounting term and has nothing to do with lending itself. It merely indicates that the account is no longer considered a performing asset and is now non-performing a.k.a. a debt. They do not have to describe the act of charging off in the default clauses for it to be valid. Unless the credit union hires a collection agency or sells the debt they are not a debt collector. They remain the original creditor and the FDCPA and most collection laws do not apply to them. Some states do apply state laws to original creditors. You would have to find out where FL stands on this or what ever state the credit union is in. Charge off interest, late fees, and other fees will balloon a debt quickly and if they are described in the loan documents it is not unlawful or fraud. To a really good consumer attorney to find out if you even have a claim or you are poking a bear to come after you for a large debt.
  2. I NEVER said she didn't have enough to MAKE a claim. I said she has nothing to PROVE it. Learn to understand what you read. At this point based on the length of this thread and how clueless the OP is my guess is this attorney is so pissed off [not to mention as aggravated as most trying to assist here] they are not dropping anything. ANY other JDB would have walked away by now. They haven't. You better pray they do because if ONE large JDB figures out they can use arbitration and get the same results that threat may lose its potency quickly. That is the one thing you got right. This thread is 16 pages longer than it needs to be had the entire issue been handled right. What a mess.
  3. I bolded the key statements in that run on sentence. ANYONE can buy bad debts and attempt to collect on them. You do not need an LLC to do it. ANYONE can hire an attorney to handle it for them to ensure they are complying with collection laws. You do not need an LLC to collect on a debt you own outright. In reference to your claim the LLC that bought your judgment is operating illegally: that is between the purported owner of the "LLC" and the state. You have no standing in the matter. His not setting up his business right doesn't mean the judgment he bought is no longer valid. It means the state can take action if he isn't paying taxes, filing for a business license or other things that can or should have been done. NONE of it is enough to stop enforcement of the judgment. What the LLC could not do is send you dunning letters because that would violate consumer laws. Hiring the lawyer who navigates the waters to avoid violation collection laws is LEGAL and does not require a business license. PERIOD. If this company was truly operating illegally or did not own your judgment then the lawyer you hired should have found that out and filed a lawsuit against them. If he didn't do that then what you suspect is not accurate at all and they are operating within the law(s) and you got bad information. Judgment Market Place this is but one of many that exist to do what you are suggesting. All you had to do was a Google search to find that out. If you are going to do this I would highly suggest that you consult a business attorney before you do so that you are not only set up to comply with state and Federal collection laws but ensure that you are aware of all the potential consequences. Nope. Not a scam. Buying bad debts is big business. If consumers didn't create them the entire business model would not exist.
  4. I only skimmed all of that because most of it is irrelevant. Here are my thoughts: 1. There is no way to get this judgment set aside now for SOL, sewer service or any other legal claim. It has existed WAY too long, you have known about it and failed to do anything when it was possible. 2. It is not a violation of Michigan law for them to collect on this even if they are not registered as a debt collector in Michigan because they own the judgment therefore they are the creditor not a collector in this situation specifically. If the [collector] were representing the actual owner of the judgment and had hired the attorney THEN they would have to be licensed in MI. ANY creditor can hire a MI attorney to collect a debt they are legally owed without having to be a registered debt collector in MI. 3. If you got a settlement you can live with make it go away. This attorney is not going to let this go most likely and living with interest, garnishments and levies for years to come sucks.
  5. Possibly. You always have a chance. What the odds are no one can predict. We tell everyone who files a MTC to be prepared with a back up plan should the court deny it.
  6. It does. BUT, if they sell the debt the purchaser gets all of Synchrony's rights and responsibilities which means that clause protects them as well. So a JDB suing you would be able to defeat a MTC arbitration by stating the arbitration clause states it does not apply to small claims or debt collection suits.
  7. Umm NO. I have sued a CA on TCPA violations and the burden of proof is on you. You have to have a solid foundation going in and the problem you have is that you have a lot of calls but only a suspicion they came from them. You cannot use internet information like 1-800-Notes etc. as proof they called you. That kind of evidence is hearsay. To the OP: they will not produce a list of calls that matches your phone. Then what? You have to have enough proof FIRST on a claim like this. You can't just shoot in the dark.
  8. You are fortunate they discounted it at all. This is an easy win for them in court or arbitration. Getting a lower settlement is about leverage. You have none. The cards are stacked on their side of the table. SMH. NO. You defaulted once. If you expect them to take a chance on you again that you will make all your payments as agreed they will want a consent judgment and the full amount. The problem is you are looking at this as personal and emotionally. They are a business whose goal is to make a profit. Once your default disrupted their business their willingness to work with you ended. This is a business decision for them and nothing more. It is based on risk to benefit ratio and your risk is high because you already defaulted once and they are suing you.
  9. The motion will be denied. You do not have the option of arbitration if there is no clause in the card agreement. NO. They do not have to sue under the account stated theory to prevail. You are being sued by an original creditor for a LOT of money. The defenses you read about on sites like this are based on being sued by a junk debt buyer not an original creditor. The only defense to a suit by the OC is that the SOL to sue is expired or identity theft. WHEN did you default on the card? They don't need to show each and every transaction either. All they have to do is show that you are the person with SS#xxx-xx-xxxx that opened the account, used it and made payments. If the address on the statements matches yours they don't even have to prove you received the statements. They will not need a live witness or affidavits to admit their own records. If you are representing yourself you will not be awarded attorney fees. Your best option is to settle this. If you lose you could end up owing double that amount in a very short time between the attorney fees, costs, and post judgment interest.
  10. They have already dismissed. It cannot be changed now. Yes. WAY more and an attorney willing to represent you in Federal Court. You won. Let it go.
  11. There are no guarantees but if you draft a good motion with supporting case law the odds shift in your favor. If it doesn't getting a judgment in NJ is not near as bad as other states. They do not add post judgment interest. You can always offer a lump sum settlement after you get re-employed and back on your feet.
  12. Let them sue. DO NOT settle. Synchrony has the BEST arbitration clause of all the creditors. If they sue you can file a MTC arbitration and if approved by the court Midland will drop the entire suit.
  13. Paying Midland should be the least of your concerns right now. I would not spend any savings on Midland when you are unemployed. Before you consider doing that who is the original creditor they bought the debt from?
  14. Yes, watch the docket and wait. Chances are pretty good it gets dismissed because the process server is an idiot. Last thing you want to do is suddenly be known to the court where they effect service last minute and you have to deal with it.
  15. A small number of states have a "right to cure" that creditors must follow prior to suing. Alabama is not one of them. There is no legal requirement they give you a chance to ask for validation or pay the debt prior to suing you in court. The FDCPA also does not require this either.