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Clydesmom last won the day on July 3

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About Clydesmom

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  1. This I can believe in 2008. A LOT has changed in the past 12 years. In 2008 the use of digital records was scarce. It was far easier to defeat a case because hard copy records were too expensive to maintain and even OCs did not have the records to support their claims. Today in the digital era it is rare to defeat an OC.
  2. Lets get this out of the way first. Paying the OC is no longer an option. If Midland is involved they have purchased the debt and the OC is no longer in the picture. Why did they close the account? When did you make the last payment? Double check but I do believe FL requires you file a Motion to Compel arbitration in lieu of an answer if that is what you want to do. Whether it is that or the answer you have 30 days from being served to do that so you don't get nailed with a default judgment. Avoid these like the plague. You need to choose whether you are going to defend the suit or try for arbitration. Once you decide which path you are taking then more targeted advice can be given.
  3. SCAM!! DO NOT call and DO NOT PAY! Here are the RED flags: I'm calling to from the county processing unit No such unit exists in any state. It is sitting here with a potential judgement NO! Unless you have been sued and lost there is no such thing as a "potential judgment" A mandatory 24 hour hold was placed on the documentation per state law just to give time and opportunity for you to reach out to the filing party directly to obtain detailed information or to try and resolve matter voluntarily before further action is taken. There is no state law in TX that requires they wait 24 hours before acting on a valid judgment. If it is not taken care of voluntarily before the hold expires it will be filed and dispatched with a local courier to your place of employment and your home address at (my address) Ah the old threat to go to your employer. This is to scare you into paying. Especially entertaining when the call recipient happens to be self or unemployed. Again Keller and Phillips is that filing party Google Keller Williams. They are a Real Estate company LMAO. Do warn friends, family and employer that you have been targeted by a scammer and that you do not owe any money. You don't want them to panic and pay thinking they are helping you.
  4. Those scores you get are the FICO bank card scores and reflect the number used if you are applying for credit cards. There are several FICO scores and lenders use specific ones for mortgage or auto loans. If you needed to know your FICO mortgage score the only way to get one that is relatively accurate is to purchase all three reports from and look at your mortgage scores. Those numbers are different from the FICO 8 you get with your reports from the bureaus. Depending on how you got the reports those scores may also be what is called FAKO in that they are not directly from FICO or are a Vantage score which no lender uses. Not as much as they used to. IF you have not been opening a lot of credit accounts in the past year then it will not affect your score too much to be significant but it will affect your score.
  5. Was she sued in Justice Court? If so, then you have to get permission from the court to do discovery which is what requesting any evidence including the card agreement is. The second problem is the courts are well aware there is no signed card agreement. The original would have been mailed to you with the card. You do not need the Plaintiff to provide you with this. You only need to go to the archives at the CFPB and pull the one for your card that was the last year active when the default on the account happened. So if she defaulted in 2017 and the last updated card agreement was 2016 that is the one needed. If that is the route you want to go then you now need to file a motion to compel arbitration per the terms of the card agreement. Otherwise you will be forced in to the court mandated mediation at big expense to you that the Justice Courts are now pushing to clear the dockets. No. You cannot engage in discovery and still compel arbitration. If you push discovery then you are participating in the litigation process and waiving the right to arbitration.
  6. WHEN did they get the summary judgment? Most states only allow 30 days after the judgment to appeal. If that window has closed no you cannot appeal. Unless you qualify for bankruptcy there is no way to simply make the judgment disappear. Especially considering they are not garnishing your wages.
  7. No. If the last payment was made in 10/2016 then they had until 10/2020 to sue you. Plus with the courts being closed due to the covidiocy that tolled the SOL anyway. SOL is based on date of default not when you opened the account. Why did you dispute the account?
  8. Judgment proof is the common phrase but the more accurate phrase would be collection proof. Except in a very small number of states (FL is not one) where wages cannot be garnished you are not collection proof. People on disability, social security or pensions would be collection proof. Florida does have a head of household exemption. You can check and see if you qualify for that. All it will do is temporarily stop the wage garnishment but the post judgment interest will keep adding up. It will also not keep them from levying your bank account.
  9. NOW? NO. You weren't a little late with the answer. You never answered at all. HUGE mistake after valid personal service. "I was served at the end of February. I never filed an answer." Worse you only had 30 days after the summary judgment to appeal. You can check with a WA State consumer attorney and see if there are options but I would not get your hopes up. They properly served you and you failed to answer or appear in court. Not factors for over turning a judgment.
  10. There could be any number of reasons all which are not related to you personally. They may only have a specified amount of time to get payment before it goes back to the vet. They may no longer be covering the practice for any accounts which would mean they all go back. It is possible the vet fired them because they didn't bring in any past due revenue. Given that they were evasive I would be most concerned that the practice is getting ready to simply sue you. The FDCPA does not apply to the practice so they are not bound by the validation issue and can simply file suit. Well, that isn't true but they don't need to know that! If they still had the account they could report it but would have to state that the consumer disputes the debt.
  11. 30 days after the amount was due. And no, they do not have to notify you before reporting to the bureaus. If the second warning letter stated the name of the vet and the amount owed then that is all that is required to validate the debt. They do not have to send you proof of anything as part of validation except a judgment if they already had one. They would only need proof as evidence in a lawsuit. They also do not have to prove they have a right to collect. They are. Pets are property despite the emotional connection we have to them. I have NO idea where you go that nonsense. Care for people IS a consumer transaction. Payment is made for care rendered. The difference is that when it comes to care for medical care for people the provider or their CA cannot report it to the bureaus until 6 months after the date the care happened to give insurance claims sufficient time to be fully completed. After that 6 months elapses all bets are off and they can report. Call the vet. Ask for the itemized statement. Once you have reviewed it then ask to discuss the charges and be VERY careful how you question their care. If you are sued you cannot just allege malpractice happened. You have to PROVE it and that burden is on you. While you are waiting on that itemized statement take a peak at your local small claims court website/docket. See if that CA or the vet practice shows up as a Plaintiff. (some states allow a CA to sue on behalf of a provider) If either does appear then you know they are likely to sue you as well. If they are likely to sue then once you get the bill try and negotiate a settlement. This is way better than a judgment. If the are not known for suing then what you do regarding payment is up to you.
  12. There are multiple factors that qualify someone for Charity Care and salary is only one. Qualifying is NOT automatic. You must ask the facility and follow the entire process to be approved. You can always ask but the odds are not good for three reasons. First: if the care happened two years ago then any charity care that you would be eligible for would be out of the 2017 budget when the care was rendered and most public facilities close that budget out 6 months after the close of the fiscal year. In general they do not apply it retro-actively after so much time has passed. Second: they may have already reduced the amount owed based on a charitable reduction. If that is the case they are not going to give another one now that the account is in collections and there has been no effort in 3 years to settle the bill. Last: if this is not a public not for profit hospital they are not required to offer Charity Care at all. While most do it is not 100% a rule that every facility does. It also depends on what the bill is for. If this is for the physicians services and they are a private group they may not offer it either. All you can do is ask. The worst that will happen is they say no.
  13. The ONLY thing they were required to do was respond to the bolded text with the name of the OC and amount owed. Not even the account number was required. NONE of the italicized test was required to validate and clearly indicates you used a cut and paste letter from the internet. Under FDCPA they were free to ignore the requests and continue collections or as in your case file suit. If they sent copies of statements and the bill of sale they did way more than they were required to. It didn't require a response from you because once they did respond with what you did receive they were free to proceed regardless. As you are now aware it isn't over. They can be both and in your case probably are. I would start by checking with a consumer attorney. The pension may be safe from bank levy but I am not so sure about child support. If you determine that your funds are safe from bank levy then your action would be different. Regardless you MUST answer the suit before the deadline in order to prevent a default judgment.
  14. That is part of discovery. It does not have to be filed with the suit. You read wrong. It is common knowledge that bad debt is purchased in pools of accounts with one purchase price for a set number of accounts with an overall value of X amount of dollars. The other problem with this is under contract law what Velocity paid for the debt is immaterial. They are legally entitled to the full value of your account. Yes, they did pay pennies on the dollar which might get you a better settlement but it does not legally require the court or arbitrator to award less if they win because they didn't pay full price at purchase. NO. Can you? Yes. Should you? NO. None of this is a violation. You are making this way too complicated. The goal is not to actually arbitrate but that they see the costs and drop it.