kcnjamie

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About kcnjamie

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  1. Thanks @Goody_Ouchless with the information about fed loan changes. It would've been nice if it had been the same for the VA. And thanks again @Clydesmom! The information you provided is extremely helpful! I will work on the settlements and hope for the best
  2. Thanks for the response @Clydesmom! Yep, I screwed the pooch not clearing them up beforehand. Needing a mortgage came up suddenly because of relocating for a job. But now that it's all done, the mortgage is going forward and we will be closing in about a month as long as I submit documents from the creditors saying they debts are cleared up. I am prepared to settle but I want to exhaust any other options first. 1) So just to confirm from your response, the only option at this point is to settle? 2) Is it possible to do anything else in the time I have available in regards to the SOL being up or because it looks like maybe the account(s) have been re-aged? 3) If settling ends up being my option, are you saying I should send in a settlement agreement in writing? I am concerned that will take too long. Can I call them to make a settlement agreement? Or maybe email? 5) Is there a sample available for settling? 4) Your response mentioned Midland Funding which is a collections. But 3 others are OC's: BOA and 2 Chase debts which show as charge-offs. Would the process be the same for all 4 debt issues? Thanks again for the response!!
  3. Hi Everyone! I received a pre-approval for a mortgage (YAY!) BUT I have to clear up some credit report items before the loan is finalized. The items we have to clear up are 3 charge-offs that show from OC's and a collection from Midland Funding. The mortgage is a VA Loan and this type of loan requires that the 4 debts be paid with a proof of payment from the creditor. More than likely all 4 debts SOL has passed, but I don't have the time to do any of the preferred credit repair steps when dealing with debt that SOL has passed. I need to be able to provide something to lender showing the debt doesn't exist or is paid as soon as possible. So after doing real quick research on what options are available, I was thinking the quickest and simplest way to get this taken care of is to contact the OC's and offer to settle and request a letter that debt is paid in full. So my questions are: 1) Have I missed other options I can pursue? 2) If I do settle and make a payment, will that restart the clock? 3) What is a reasonable percentage to offer for settlement? All of the debt is old and would have fallen off in the next year or so. (YES, bad planning on my part!) Thanks in advance!
  4. Hi Everyone! I received a pre-approval for a mortgage (YAY!) BUT I have to clear up some credit report items before the loan is finalized. The items we have to clear up are 3 charge-offs that show from OC's and a collection from Midland Funding. The mortgage is a VA Loan and this type of loan requires that the 4 debts be paid with a proof of payment from the creditor. More than likely all 4 debts SOL has passed, but I don't have the time to do any of the preferred credit repair steps when dealing with debt that SOL has passed. I need to be able to provide something to lender showing the debt doesn't exist or is paid as soon as possible. So after doing real quick research on what options are available, I was thinking the quickest and simplest way to get this taken care of is to contact the OC's and offer to settle and request a letter that debt is paid in full. So my questions are: 1) Have I missed other options I can pursue? 2) If I do settle and make a payment, will that restart the clock? 3) What is a reasonable percentage to offer for settlement? All of the debt is old and would have fallen off in the next year or so. (YES, bad planning on my part!) Thanks in advance!
  5. @BV80 Well let the madness begin.... I believe it was charged off in AK. I was in AK starting March - April 2010. I definitely have proof of being here at that time if needed. The charge off was after that. BUT the charge-off date I am using is from what the OC reported on equifax and it sounds about right from my memory. BUT I don't know what date the plaintiff's lawyer has because there wasn't any evidence included with the summons. Thanks again everyone for your advice! It has been helpful to bounce this issues off y'all that have experience and has relieved some stress!
  6. Hi again! Thanks for the suggestion for Krohn and Moss but they told me they don't take cases like this. They only take it BEFORE being sued....? Or he could have just told me that because I am in Alaska and they don't have anyone who can practice here. Either way disappointing... I had updated the lawyer I was working with on all the information I had found out about (card agreements and that they show Delaware) but he still seems unsure if this is a win. But he says we can do a flat fee. The we'd do discovery and decide from there if we will do contingency. Any thoughts? Thanks!
  7. @BV80 According to the date I have, I was living in Alaska by that time.
  8. Thanks for the advice! I was able to locate a site with recent credit card agreements (http://www.consumerfinance.gov/credit-cards/agreements/) and it definitely shows BOA/FIA the law applies in Delaware: "WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws ofthe State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws." I also found a site with older examples from BOA, FIA, and MBNA and they all show Delaware. So I will go forward with that information. Thanks again for all the help! I will update with any new developments.
  9. Check out this post for more discussion about this summons and SOL of debt. Plaintiff lawyer said SOL based on Oklahoma but I live in Alaska... http://www.creditinfocenter.com/community/topic/324306-help-sol-fia-card-servs-should-i-contact-original-creditor/
  10. Hello! Last week I posted about a summons I received with FIA Card Services as the plaintiff. http://www.creditinfocenter.com/community/topic/324277-help-with-fia-card-services-summons-in-ak/ I live in Alaska and the SOL is 3 years. For this complaint, the SOL has passed. I contacted a lawyer in Alaska and he agreed and that we should move forward with that as a defense. My lawyer contacted the plaintiffs lawyer and they said that the SOL is based on Oklahoma and should be 5 years. He is using that because he says I opened there and used there. According to the chart on this site http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml, in Oklahoma: SOL for oral is 3 years and written is 5 years. Looking at the OK statute it isn't definitive on credit cards. I couldn't find anything concrete one way or the other. I also found a site discussing SOL for debt and it said that the big company's usually specify what state SOL is. It has a chart and it says SOL for Bank of America is based on Delaware laws and that time frame is 3 years. http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php Since the summons/complaint did not include any evidence and since I haven't yet located any documents on my own, I can't show anything saying where SOL should be. My lawyer and I are unsure what SOL will apply and he is hesitant to take case on full contingency because of this dilemma. So I most likely have to pay something to go forward with the possibility that we will prevail on SOL and I will be recouped. I can't afford that. So I was hoping to get more concrete information/evidence of where the SOL is based on before I sign on with the lawyer so either it will be a full contingency or I have better idea of what I'm paying for if I decide to go forward with a modified contingency. So my question is, how do I go about getting documents/evidence? I figure at a minimum the credit agreement would say where SOL applies so I would hope to at least get my hands on that. Do I call the original creditor? Should I even do anything like that? I don't even know who to call because I don't think I had anything with BOA or FIA. I'd probably start with BOA. But I don't want to do anything that may hurt my case or a future case. PLEASE HELP!!! Thanks!
  11. Thank you again. And thank you for confirming what I thought I knew about discovery. However, I still don't know how to request discovery (is that the right way to say it?) But I agree and thanks for the suggestion of getting a lawyer. Any suggestions of a resource I can use to find a lawyer for this situation in AK? I live on an island 1700 miles from Anchorage and local options are slim to none. Well thanks again and I welcome any other advice/suggestions or stories of experience with the plaintiff and/or Alaska. Thanks!
  12. Thanks for your response! How can I be sure the SOL of limitations has passed for sure? As far as I know it has. But I would like to verify. And what is discovery? How do I file for discovery? As far as the rules for Alaska, I will look them up. I did receive something (complaint) from the courts last year for a medical bill of less than $2k and it did include evidence and instructions. If the rules require that, is that something that is a defense? Thanks again for the help!
  13. Hi! I received a 3 page "Summons and Notice to Both Parties of Judicial Assignment" from FIA Card Services. It did not include any of the following: A document telling you when the court date is: It just says an answer is due in 20 days. Some kind of certification that I was served: None included Instructions for answering the complaint or a form to fill out: None included Any evidence the Plaintiff (i.e. collection agency) is submitting: None included. WHAT IS MY NEXT STEP??? I've read the information on the site about how to respond to a summons but in this case it seems that they don't have everything/anything that is required. Also, I believe the SOL has passed. So would something as easy as contacting them saying SOL has passed be the easiest, or would that be detrimental to me? Please advise!!! More information is included below. 1. Who is the named plaintiff in the suit? FIA CARD SERVICES, N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Suttel & Hammer, P.S. 3. How much are you being sued for? Over $10k 4. Who is the original creditor? (if not the Plaintiff) On the credit report it shows as Bank of America 5. How do you know you are being sued? (You were served, right?) I was served papers titled: SUMMONS AND NOTICE TO BOTH PARTIES OF JUDICIAL ASSIGNMENT 6. How were you served? (Mail, In person, Notice on door) In person at my home 7. Was the service legal as required by your state? For Alaska: Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail. -I am not sure if service legal. The person who served me was not a peace officer. I don’t know if it was “a person specially appointed by the Commissioner of Public Safety for that purpose.” The person was dressed and looked like he rode motorcycles for living. I didn’t get a name or info about authority to serve. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Alaska; Ketchikan Gateway Borough 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to credit report 05/2010 11. What is the SOL on the debt? To find out: 3 years 12. What is the status of your case? Just says Case Status: Open; 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). Answer is due within 20 days from date served (I was served today July 22, 2014) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None. Thanks in advance for any assistance!!!