mrdearborn

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About mrdearborn

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    Michigan
  1. I have nothing to hide from you guys, I asked the judge, and he told me that I would have to speak to an attorney to figure out how to get the funds back. Basically this. Correct. Correct. Thank you everyone, I will send these out today.
  2. Hello everyone, hope all is well. I've been trying to figure this out for awhile, actually called an attorney and he said to try it myself and if I didn't get a response then to contact him so we could file suit. So, last year, I had two 4-5 year old judgments vacated due to lack of proper service. Money was paid as well as garnished and in both cases, the full amounts were paid. Both total up to almost $3600. I just wanted to know if this is the proper way to get my money back from them, or if anything needed to be changed. Thank you. My Name My Address My City My Phone Number Re: XXth District Court Case No XX-XXXXXX On April 3, 2013, the XXth District Court granted my motion to set aside the default judgment for Case No XX-XXXXXX due to lack of proper service. Before the default judgment was set aside, a total of $XXXX.XX was collected through bank and wage garnishments. I am writing to you today to demand that the total amount be returned, as the judgment is void because the court set it aside. Please return in full, $XXXX.XX via check within 30 days. If the amount is not returned within 30 days, I will have no choice but to file a lawsuit as well as a complaint with the Attorney General’s office of Michigan and the Federal Trade Commission. Thank you for cooperation.
  3. I got two judgments vacated after 5 years because they were served to someone who wasn't me at my home based on the description given. I'd say try to get it vacated on the grounds that you weren't personally served. Tell the judge you were homeless at the time and make sure you tell him you would like your day in court as you are guaranteed due process under the constitution, that worked for me.
  4. I was in the same situation with two cases. Both ended up in a vacated judgment and a pretrial to start from the beginning. In one case, the lawyer and job were in the same office/building which is illegal in Michigan. They used a different lawyer. Ends up I was over garnished and the judge gave the attorney 2 weeks to verify the info and he was a no show so it for dismissed. In having trouble finding out exactly how to get my money back since the judgment is nonexistent and the case was dismissed in my favor. Second case, attorneys notary had an expired license. Judge was kinda on his side so we had to "talk about it" and I asked for half my money back and haven't heard anything from him. Judgment was vacated but the case is still open, its been almost 8 months. Not sure what to do. My best advice to you is to double check the notary, check state laws regarding lawyers and jdb's being in the same building/office. Fight hard and don't quit. Make the jdb pay the lawyer as much as possible. I cost each jdb about 12 hours lawyer fees so even if I didn't end up winning, they would have ended up spending all my money on lawyer fees. Request every bill, sale from oc to jdb, etc. I'm on my phone so I can't give you links but check my previous posts for an idea of what I did.
  5. @BigFootNTN edit to your situation obviously... Over the span of that year, they sent me 2-3 letters stating that they received my letter but no information on my attorney to send a response and that if I did not respond within 30 days they would assume I had no attorney. You may want to reference that you are representing yourself and not by an attorney. Although, the info was removed from my CR within a few months, I forgot about it until now. [DATE][NAME][ADDRESS] [JDB]Attn: Consumer Support Services[JDB ADDRESS] RE: Account # To whom it may concern: Be advised, this is not a refusal to pay, but a notice that your claim is disputed and a validation is requested.Under the Fair Debt Collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( of the FDCPA. I respectfully request that your offices provide me with complete evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus (Equifax, Experian, Trans Union), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following: Violation of the Fair Debt Collection Practices Act Defamation of Character I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the Fair Trade Commission (FTC) and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of my information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTION DECLARATION Please provide the following: • Agreement with your client that grants you the authority to collect on this alleged debt. • Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. • Any insurance claims been made by any creditor regarding this account. • Any judgments obtained by any creditor regarding this account. • Name and address of alleged creditor. • Alleged account number. • Address on file for alleged debtor. • Amount of alleged debt. • Date this alleged debt became payable. • Date of original charge off or delinquency. • Verification that this debt was assigned or sold to collector. • Complete accounting of alleged debt. • Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for Midland Credit Management, Inc. in case legal action becomes necessary. Your claim cannot and WILL NOT be considered if any portion of the above is not completed and returned with copies of requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. Best Regards [YOUR NAME] cc Federal Trade Commission.
  6. @BV80 I've been successful with DV past the 30 days. I just say that I discovered it off my CR and don't mention receiving any letters from them.
  7. @BV80 thanks, I've already tried disputing it online with no luck. I did have others removed though. I guess I'll send them a DV letter, but could you tell me which specific law states what you mentioned please?
  8. @BV80 SOL in MI is 6 years. I'm almost positive it is now time barred. Would a C&D remove it from my credit report? That's really what I want. How would one go about proving not knowing of the violation? JDB is reporting on the debt. It's confusing I know, took me weeks to figure it out. Here's what it looks like to me, MBNA sold account to SCS LLC, but they never actually owned the account, account was transferred to BofA in 2007, one year after MBNA and BofA merged. Before it went to BofA, it was not related to MBNA, but to M&I based in another state which was sold to a bank in Canada. This is probably why they haven't even threatened to sue me, no judge could take this seriously.
  9. @BV80 I should also mention, the JDB has remained the same, but it's "agent" has changed at least 6 times since 2010.
  10. @BV80 I'm not sure, but I'm guessing mid 2007, I had two other accounts at the time which were affected by me losing my job. I know my other two accounts at that time went to JDB's in early 08. Now that I'm flipping through papers I discovered a FDCPA violation from July 2008.
  11. In 2006, I was 18 and got offered a CC from a company called Clout. They offered graduating seniors credit cards with $200 credit limits which was mine as well. Hours of online searching gives me info that it was owned by M&I Bank which was sold in 2010 to Bank of Montreal. Same search says that all accounts were transferred to Bank of America in 2007 which seems about right. I didn't get a new CC or a new account, I probably didn't qualify for one with BofA, all I remember is not knowing how to pay my bill and reading online of people panicking with the same problem. Now, credit report shows Security Credit Services LLC reporting the debt, past due amount of $1270, open date of 09/09 with the OC of Maryland National Bank NA (MBNA). MBNA was purchased by BofA and the merger was complete 1-1-06. Confused? So am I. So now, I'm getting a letter from National Action Financial Services for Security Credit Services LLC with MBNA as OC for an a balance of $2243. WTF? How the hell can a balance of an original credit line of $200 get that high? I've been sued twice for debt around the same time, maybe a few months difference on chargeoff dates, but it didn't even get to half as high as that. Also, why hasn't anyone tried suing me for this debt? Do you think there was just this huge screw up with papers and they don't have any paperwork to support it? Anyways, should I DV them? What would you do?
  12. Violation occurred in May, I have 3 months. Violation occurred in May. I was in the court room. I asked him, and he said that he could not give legal advice and should consult with an attorney. I did a few months ago but haven't heard anything back. Maybe I should look for another attorney.