Clydesmom

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Clydesmom last won the day on December 21 2019

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About Clydesmom

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  1. You have 30 days from when you are served to answer. Watch the docket on line. If they show you have been served by any method THEN hire a lawyer to file a motion to dismiss for you. Now that a suit has been filed it is WAY too late for validation. DV does not apply to lawsuits. ALL of this is California Court automatic hearings that are set when a suit is filed due to the high volume of cases in the courts. This is supposed to prevent clogging of the courts with stagnant cases. No. It means the court has issued a summons. The next step would be serving it.
  2. Even in CA the courts know there is no contract in a credit card case.
  3. Your account would be closed automatically by Cap1 when you defaulted. The charge off has to happen at 6 months. None of this means Cap1 doesn't still own the debt. In fact in the past 7 years or so Cap1` has not been selling their bad debts but aggressively suing to collect on them using hired counsel. That is how it works. Once the account has been sent to a law firm and suit filed you have no option but to deal with the attorneys. Cap1 by contract cannot discuss the case with you. The listed Plaintiff as Harry said. If it says Cap1 then Johnson Mark is simply the representing law firm. While they do have a debt collection mill law practice reputation they do NOT buy bad debt portfolios. They have never engaged in debt purchase. They are a lawsuit and collection mill. The major problem you have is you are being sued by the OC if it is Cap1. They removed arbitration a decade ago so that isn't an option and Cap1 will have all the records to prove their case. Settling is the best option if Cap1 is the plaintiff even if Johnson Mark is the law firm.
  4. UGH. I hear this too often. For the benefit of ANYONE with health insurance: to protect your credit NEVER assume that the provider followed through and opened a claim. I had surgery about 10 years ago and as the EOBs came in kept track. Paid my out of pocket once the claims were processed. 9 months after surgery I get a collection letter from anesthesia demanding $900. I checked and no claim from them. Called and spoke to billing manager. Said claim had been denied. When I told her my carrier had no claim from them and all others were promptly processed we checked WHO they billed. I don't know whose insurance they were trying to bill but it wasn't mine. When I got a second collection letter I opened a claim and included the billing manager on the claim. They provided the necessary codes and got paid. I only owed $35 out of my pocket. Even if the provider opens a claim and you do for the same service one will simply be denied as being a duplicate. ALWAYS protect your credit and make sure there is a timely claim for care so you get the coverage you are paying for.
  5. This is a tactic to try and disguise a debtors exam as discovery for the suit. Basically they are assuming they have won and are looking for information to help them collect after getting a judgment. Object to those as immaterial to the complaint as filed. Did you file a claim with your insurance when you received the bill? You do not get the contractual amount until a claim is opened by either the provider or YOU. While may providers do automatically file the claim to speed up getting paid it is not required that they do so. There is a widow to submit a claim and once that closes you can file an appeal with the carrier but it rarely works. Now that two or more years have elapsed it is way too late to open a claim. The major problem is that when you get any care at a hospital you sign a financial guarantee and it does stipulate that if your insurance doesn't pay you WILL. You are likely on the hook for the balance as billed now.
  6. You never received a reply for two reasons. The most important one is that those general email boxes are never checked. Rarely if ever. The second is they don't care why you didn't pay. Unless you had filed bankruptcy all the reasons you listed are sad and understandable but no a legal defense to not paying a debt. Under debt collection laws they are not obligated to respond to contact from a consumer of that nature. Did you actually dispute the debt or only explain why you couldn't pay? You can but it doesn't explain why they believe that you are evading service. Is the address on the summons where you live? The email you sent is not relevant in relation to the lawsuit being filed and serving of the summons. If the process server made several attempts to serve you at your legal residence they can file for alternate service such as mail, publication etc. Is this in relation to a loan or credit card debt? How much is it for approximately? NOT exactly.
  7. Because they are hoping that AAA's rejection of the case combined with their refusal to arbitrate means they can bring it back to court. Choose JAMS so that a AAA rejection of the case doesn't put her at risk to end up back in court. The goal is not to actually arbitrate this but to make PRA go away.
  8. This argument has failed on more than one case. While it may not specifically state "SMALL CLAIMS" on the forms or over the door that does not mean that the Judges in Justice Courts in multiple states do not view it as small claims court. There have been multiple rulings by judges that state by being in their court for small claims that the carve out applies. There are those who do vehemently argue that because those two words are not on all court forms or over the door to the court room that there is no small claims court but the Judges have a unique way of deciding for themselves. A defendant has nothing to lose but the motion by trying but you cannot bank on the court being so rigid as to state it doesn't apply simply because those two words are not specifically used.
  9. You failed to make the required payment. There is nothing in banking laws or regulation that states a creditor must accept a partial payment. The second problem with a partial payment if it is accepted is you are still 30 days or more late and it triggers late fees and increased interest. Here is the major problem: they do not have to prove you received any notices they sent. Only that they sent them and producing letters and attesting they did send them will be sufficient for the courts that they conformed to the laws requiring notice. There is no requirement in any lending law that they make live contact considering that once they are in arrears the courts are acutely aware most consumers dodge their creditors. Violation of what? If you were not making the required payment then you are late. Even if your less than minimum payment had been accepted because it is not the full amount that is considered 30/60/90/120 days late. The problem with defaulting on a car loan or mortgage is they have an acceleration clause. That means once you became in default for ANY reason the entire loan balance was due. You say that BoA was the original mortgage holder. Is your checking account there by any chance? If it is then you REALLY should have read the contract you signed for a right of set off . If there is a clause in there authorizing that then them raiding your checking account like they did may have been legal. The bottom line is you need a REALLY good real estate attorney because this is not a DIY project. You could lose this house.
  10. Bankruptcy if you qualify. Unfortunately Cap1 removed arbitration from their card agreement over a decade ago. They are one of the top 3 aggressive OCs in suit as evidenced by filing against you under a year from default and only 3 months from charge off. You can deny everything and answer as planned just don't bank on it being the smoking gun to win the case. All settlement discussions will have to go through them now that suit has been filed. They represent Cap1 and you have to communicate with Plaintiff's counsel. You can settle any time before a verdict. Get all terms in writing BEFORE paying.
  11. DO NOT do anything with the bureaus until this is over and DONE. If you try disputing now you risk PRA going back to court and showing you are not serious about the arbitration. The credit report is the least of your concerns until PRA officially surrenders.
  12. Citi has a carve out for claims filed in small claims court. The most important thing to know is what state this suit is filed in.
  13. To be safe I would still DV them to ensure that I was correct on how old the debt was. If it is greater than 7 years I would then respond back with a FOAD letter.
  14. Based on what you posted my educated guess is it is from 2008 or earlier. Those tactics used to work prior to the digital era. Back then JDBs didn't buy the supporting documents only the spreadsheet of the debts. That has never been true. When bad debts are bought and sold it is for a lump sum for a pool of accounts not in a purchase price for each account. The total pooled amount when divided by the number of accounts purchased yields and approximate price per account but not actual per account price. It doesn't matter because under basic contract law the JDB gets all rights and responsibilities of the creditor they purchased it from. They can legally sue you for the full value of the account as provided under the contract you entered when you opened the account. If you take out a credit card with AMEX or Discover and default and they sue you themselves and prevail they would be awarded their costs and post judgment interest which could amount to a profit. That is legal. After all they charge you interest on the credit you use which is doing business for a profit. The business model works only because consumers default. The JDBs rely on the 95% default judgment rate. Walking away from the 2% of the consumers who defend the action or having to actually litigate on the other 3% is offset by the 95%. They don't anymore. Focus on arbitration. We have enough anecdotal evidence they will fold when faced with an approved MTC.
  15. Definitely send the DV letter. DO NOT send one of the awful cut and paste letters from the internet that is riddled with errors. Your letter needs to state simply: "I received your letter dated [date] and dispute this debt and request validation." NOTHING more. Didn't Arrow Financial go out of business at least five years ago?