Clydesmom

Members
  • Content Count

    6,052
  • Joined

  • Last visited

  • Days Won

    111

Everything posted by Clydesmom

  1. I agree it is a shake down in an attempt to collect but not with a jail plan. California is one of the most debtor friendly states in the entire country and affords its residents way more rights than even federal law. Chances on jail are slim to none even if they didn't respond to the subpoena. The state is just too liberal. My guess is that they sued anyone and everyone the ex-wife ever breathed on in the hopes one of them hit with a subpoena would panic and pay to protect their own credit. Hopefully it bites them in the A$$ hard for doing it.
  2. Yes. You fell in to the trap of splitting hairs over who files. You could have easily started the process once they agreed to your demand and the bills still go to them. Instead you played around and gave them a foundation to show the court you weren't serious.
  3. I disagree with this primarily because the debt was incurred 5 years after the divorce. Ex-husband has ZERO legal liability for this and therefore my argument would be that they have NO legal standing or entitlement to any financial information from him. He isn't named in the suit or on the judgment and was no longer the spouse at the time of debt and judgment therefore he is immune. Any transfer of marital property as part of the divorce 5 years prior to the existence of the debt is 100% legal and won't be undone as a fraudulent transfer to hide assets. The ONLY document they would get from my lawyer would be a copy of the divorce decree showing the marriage ended prior to the existence of the divorce rendering any request for financial information invalid. I would be quashing that and more. Were I representing ex-father in law I would be quashing that subpoena as well. He had NO legal obligation for the debt even when the couple were married. He has no legal obligation to make her an heir or to adjust his will to ensure she is to pay the debt. *Also nothing prohibits him from changing his beneficiaries or will at any time after the debtor's exam just to screw the creditor over either. Their seeking ANY financial information from him is way beyond just a fishing expedition. It is nothing short of a shake down. I would be finding the nearest and best consumer attorney and suing the pants off this CA and OC for these three defendants (Ex husband/FIL and GF) for FDCPA violation(s): misrepresenting the debt and taking an action they cannot legally take i.e. subjecting parties not legally liable for the debt to a debtor's exam to determine financial responsibility for the debt This OC and CA knew dam well that the FIL and GF were not legally responsible for the debt and went all in on them anyway. I doubt it would ever see trial because the risk of punitive damages and other Plaintiffs coming forward with similar claims is too high risk. JMO but thankfully they are getting lawyers. To the OP PLEASE let us know how this plays out and concludes. This is one of the more interesting cases to come through here in a while and sometimes we never get the ending.
  4. If the letter requires a signature another issue is that in some companies only a specific person or people are authorized to sign for mail and packages. If that person is unavailable that creates further problems.
  5. You are assuming anyone is even at the office working. I am doing 90% of my work from home unless in surgery. We do not go in to our main office and all the mail was diverted to corporate to handle for billing on our cases. I wouldn't know if a patient sent correspondence now at all. Just because a CA is having people do collection calls from home doesn't mean they are getting mail. The OP would have to prove the business willfully ignored the DV. It isn't an excuse but if they can legitimately show that the office was straight on closed with no employees in it then the OP will be hard pressed to get an FDCPA violation out of the Federal Courts in this jurisdiction because they are VERY creditor friendly. The problem with this virus and closures of businesses and the courts is there is no precedent. There is NO way to predict what the courts are going to do when the stupidity goes away finally. Until we start seeing rulings on motions and claims it is anyone's game.
  6. "Closed" during covid is a subjective term. It is entirely possible their front line CSRs who do nothing but be on the phone and take payments are working from home. They likely have NO idea what is going on with the mail. If the letter requires someone to physically go to the post office to sign for it then that can get complicated if that responsible person is completely unaware the letter is there or furloughed. Unfortunately there are too many variable due to the Covidiocy that will give a bona fide error defense. Keep in mind the burden of proof they violated rests on your shouders.
  7. Pre-paid debit/credit card. They are very difficult if not impossible to find. Another option is a trusted family member who will allow it to go to their account and give you a debit card but not put your name on the account.
  8. Cap 1 also removed arbitration from their card agreements a decade ago so that wouldn't be an option with them. Knowing that you hired a lawyer for Cap1 tells me even more that this law firm may not be the right one. The major problem is there is really only two defenses to a lawsuit by an original creditor like Cap1. Identity theft or statute of limitations. Anything else does not fly. That laundry list they used is most likely their attempt to force them to settle. They very well could last minute. Just be prepared that they don't and worse dig their heals in and go all the way to judgment. That does not mean you can settle for less later because as long as you keep nothing for them to seize in a bank account they are pretty much hog tied in collecting. Texas does not allow wage garnishment for civil debts.
  9. Lets start here. When did you default on this account? If it is within 4 years of them filing then you cannot use this defense. If it is out of SOL then you don't need arbitration you have a gold plated defense and a counter claim. Laches does not apply if they filed timely. The two are linked. HOW did the Plaintiff go back on their word to you? You breached the agreement when you defaulted on paying the account. There is no consideration in a credit card case and the courts know it. Utah is the only state that allows this defense. Not a legal defense to breaching the agreement and defaulting on your payments. To quote a judge when the 2008 recession hit: "it is awful that many are out of jobs or disabled and cannot pay. However, the law is CLEAR. If you did not pay my hands are tied and I must rule for the Plaintiff." You are not a corporation. This would apply if you were suing them. Not required in a debt case. This is required in landlord tenant law. Did you pay it off? Was there a set off used that the amount they are suing for should be lower? Are these credit card debt cases? If so, then you hired the wrong law firm.
  10. DON'T use any of those defenses. NONE of them are valid and will simply cast credibility on your MTC.
  11. NEVER going to happen. It is basic contract law which pre-dates the JDB industry. Contract law clearly states that any party that purchases a contract gets ALL the rights and responsibilities contained within the agreement regardless of the amount paid for the deal. So a JDB paying pennies on the dollar for a judgment or debt is legally allowed to collect on the entire amount owed at the time of purchase and post interest if allowed by the agreement and it isn't a loophole. That contract law basis is also what forces a JDB to have to abide by the arbitration clause if the consumer enforces it. Judges rubber stamp default judgments because the defendant never bothered to respond.
  12. With the Covidiocy affecting the courts there is no telling. You can take a look and see if your court has an online docket and has started hearing cases again if they were closed. If not it typically is as short as 30 days to trial once you answer to as long as 2 years in the unbelievably busy courts of Southern California. If you don't answer and they have to file for default probably 30 days to 6 months depending on how quickly they move. If you answer and it goes to trial there is no judgment until you have the trial and lose. If you are going to file regardless of what they do then you have more than 45 days before they can move to garnish wages or levy a bank account. You will have filed already and even if they did get a judgment the BK willwipe it out. The default judgment only occurs when they move for it and you don't respond to anything from the court. NO Stop grasping at imaginary straws. You are splitting hairs and it won't work.
  13. Yes. Not exactly. Most large companies like Midland hire a law firm on a global retainer for a specified number of accounts/suits each year. On the accounts they sue for a flat fee of anywhere from $750-2500 depending on what state the suit is in is added to the suit. They always ask for reasonable attorney fees to be awarded as part of the judgment and it is. That means YOU pay their attorney fees when you lose so it costs them nothing. Added to that: the retainer fee if unused at the end of the fiscal year can be a business expense on taxes. What they paid for the debt does not matter. Under contract law they are legally entitled to sue for the entire amount the consumer owed when they bought the account plus attorney fees and costs. Even if they did pay $500 for the debt if they settle for $750 they make a great profit. If they get a judgment then post judgment interest is added annually which can balloon a small debt to triple the amount in a very short number of years. It isn't uncommon for them to sue someone who is collection proof right now and wait it out for a few years then garnish their wages several years down the road to collect triple what they sued for. As I explained before they have already paid a global retainer to sue consumers. They are not spending an additional retainer fee specifically for your suit. The only added cost is probably $100 in filing fee directly to the court and even that is awarded to them if they win.
  14. No. They do not have to re-open the lawsuit at all. This is over. The final decision of the appeals panel in arbitration stands. They are merely going to convert the award to a judgment. That is a 2 minute hearing where the judge simply signs the paperwork. Neither of the parties even has to be there.
  15. There isn't another case. The award is confirmed as a judgment with the courts. That allows them to proceed to wage garnishment or bank levy to collect. I believe once you have exhausted the appeals in arbitration it is done. There are not any other options to get it over turned. Yes. They called your bluff. Its over.
  16. 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.
  17. 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.
  18. 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.
  19. 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 MyFico.com 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.
  20. 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.
  21. 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.
  22. 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?
  23. 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.
  24. 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.