Helena

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Everything posted by Helena

  1. Thanks. It's due very soon, felt a bit dumb that I didn't know to follow this through, but that's what you get when you go pro per. Think I should post somewhere for people who win so they don't end up back in court. Thanks again.
  2. Thanks again calawyer. Not going to try and recover costs, don't have the energy or the heart. I want as much distance as possible. But the JUD 100 is confusing me. I got no paper from the courts saying I'd won. I reviewed the online court entries and there is nada from trial except completed. Plus, I don't have the rent-a-lawyer's name who showed up for Midland. Do I just: * Check box 3b and write in midland fundland's attorney, my name. * Check JUDMENT AS ENTERED AS FOLLOWS BY: and check the court? * Check box 5b and write in my name And that's it? Thanks as always. Sorry to get corny but you have inspired me to pass it on and do for others.... -Helena
  3. I won against midland - yay! Just found out I have to file judgment. Can anyone please tell me the steps? I never got a signed paper from court saying I won. Am assuming the first step is getting a copy of this from court clerk. Thank you
  4. Will do. Guess I have to wait another 30 days.
  5. Thanks! You guys are amazing. I sent a letter to Experian asking them one more time, to remove Cavalry Portfolio from my report. I stated that Calvary did not bring evidence to court, they will not provide me with any details of correct statements, contracts or agreements, charges and fees and balances, (which they won't because they can't) and stated the Fair debt collection act violation code of reporting incorrect amounts, and that I am entitled my rights as a debtor. If this doesn't work, I guess I will have to contact a lawyer, but it seems ridiculous, no, illegal, that jdb can just report whatever amount they want, even though they have no proof of what they're trying to collect. Ack.
  6. Funny, I was just researching that. You're right. Sadly, I am so scared, with all the illegal ways they've messed with me: sewer service, etc., I feel frozen.
  7. Here's the problem though. I was told that any communication with them could set the clock back for dropping off credit report.
  8. Quick back story: I was paying off OC when they sold to Cavalry. Cavalry tacked on thousands of dollars and took me to court. It was dismissed as they didn't have evidence. The balance was $9,000 when they took me to court. Original amount was $4000 to OC. Rip off number one. Now they are reporting $37,000 to my credit report! What? I wrote to all 3 credit bureaus, with copies of court reports, letter, etc., and Experian just emailed and said it will remain. Anyone have any suggestions as to how I get this off my report? Please don't suggest settling, as no way am I bargaining with them on this ridiculous amount. Thanks for any help from those with experience dealing with these charlatans and their false reporting.
  9. Update from a rock star tax preparer: DISCLAIMER: he was a tax preparer, not a tax lawyer or IRS agent, nor did I hire him for services. This is not my advice, just something a 30 year tax preparer who specializes in bankruptcies, etc. suggested to a friend in a similar position. He said, if you get a 1099c, and you have GOOD proof it was disputed, dismissed or the like (not just dispute on credit report, you need court papers, etc.) he claims attaching forms to IRS is a waste of time and a red flag. Just leave line 21 blank as he said and mail it in. Here's why: if the IRS catches it, in other words, matches chases claim of dismissed income to yours, they're going to audit you, and even if you originally sent in your proof, they're going to call you in, ask for the papers and say they lost them. He advised my friend to roll the dice, because the IRS has bigger fish to fry. In other words, if they're gonna get you, they're gonna get you, so why call attention to yourself? There's a good chance you might sail through. Chase (and dozens of other banks, collectors, etc.) are bogging down the already bogged down system with screwed up 1099cs, etc., it's rare that they will audit for $1000 of tax money, which will cost them at least that much in time to collect if you dispute. And it's the IRS job to get chase to correct it. At least that's what I was told. That being said, the IRS calls people in for less than $1000 so......it's each persons call. I just wanted to share one more expert opinion.
  10. Soooooo, guess I will attach all the documentation I have (chases fake service, judgment reversed by judge, next case dismissed, third try chase bowed out, plus statements showing payment to them while they were suing me, and a looooong letter explaining things) and not put the 9k as income and cross my fingers. At worst, irs will laugh at me and say I owe taxes (plus interst and penalties) and I need to sue chase and I'll pretty much where I am now. At best, they will approve my dispute, the nightmare will be over. Unless chase can come back at me and say yes, you do owe that? How would that work? If they issued the 1099c saying they wouldn't collect anymore..... I'm starting to lean towards just paying the damn thing just to make this over. But, if we little guys don't start standing up, when will this ever change? Thanks for all your thoughts and comments.
  11. Sooooooo. After hours of reading, and talking to 3, yes 3 different tax accountants, I have found this to be true: no one knows for sure! There is IRS law and a case I found, but can't say for sure if another case supersedes it. Here it is: XVII. VIOLATIONS: AMOUNT OF INTEREST IN DEBT The Internal Revenue Code treats cancellation of debt as income under specified circumstances. 26 U.S.C. �6050P; 26 C.F.R. �1.6050P. The owner of a debt who cancels it must file an informational form 1099-C if the amount cancelled exceeds $600. Generally, cancellation of debt is income unless (a) there is a bona fide dispute concerning the debtor’s obligation to pay, ( the debtor is insolvent, © the debt is discharged in bankruptcy. The amount that might constitute income is only the principal amount. On a credit card debt this is the purchases and cash advances. The failure to collect interest, finance charges, penalties, and fees is not income and has no tax consequence. See Debt Buyers’ a$$’n v. Snow, 06-101, 2006 U.S.Dist. LEXIS 6527 (D.D.C., Jan. 30, 2006). Because of this, the portion of the debt that consists of “principal” as opposed to “interest” is material, and falsely stating the amounts should violate 15 U.S.C. 1692e. Debt buyers traditionally have not obtained the requisite information from the owner of the debt to make an accurate report. See Debt Buyer’ a$$’n v. Snow, 06-101, 2006 U.S.Dist. LEXIS 6527 (D.D.C., Jan. 30, 2006). They are obligated to do so if it is available. So, they're talking about debt buyers but same should go for Original Creditor. They're adding on interest. I cannot believe it's another case of big banks getting away with millions of tax write offs while consumers pay taxes on millions of bulls**t interest tacked onto credit card statements. Wait, what am I saying? Of course I can imagine it! That's why I'm here in the first place! Guess I will have a long letter and lots of papers clipped to my tax return. I hope this is helpful and I pray IRS looks at my returns and stamps them approved. If not, I guess I would see Chase in tax court? Oi vey.
  12. Interesting. How do credit card companies do that? Mine must be 90% interest. I only received the letter, not the 1099c , which I'm sure is coming soon. Will be interesting (scuse the pun) to see what they write. Anyone know the correct way to attach to 1040? Do you put in the amount, then back it out?
  13. You're right, it's 1099c season, they say Chase is sending out millions. Thanks for all your thoughts. Insolvency sounds like a good idea. Can't imagine I wouldn't qualify for that. But if I don't, there has to be a way to show to the IRS that the amount is wrong My situation is so wierd, but the bottom line is, I don't owe chase that much. Not even close. Here's the back story: in 2008, chase slammed my card from 0% to 28% overnight. After dozens of calls I went into a special payment program with them with 10% interest which I made a few payments on but I never received any statements of payment on the new agreement (it was all done verbally by phone and i paid electronically) and the regular statements kept coming with 28% interest and $39 late fee tacked on. I went into dispute with them and everything stopped. Strange yes? So I try to call them and figure it out but to no avail. I can't even get a balance amount. What can I do at that point? I'd already sent them hundreds of dollars that weren't being recorded, why would I send a penny more? I checked credit report and nothing. 3 years later, I get a judgement default in the mail for 9800! I was never even served. They fake served me at my job, I got an affidavit from employee who was named as taking the summons and got reversed in court. And the day they're supposed to show up in court, they dismiss case. Now the 1099c for 9800. I thought if I show IRS case information, fake summons with affidavit, court reversal, etc., they would know chase was acting fraudulently. But on the other hand, don't know if IRS cares. Thanks for listening to my strange credit story.
  14. Just received a lovely 1099c from chase bank. They tried to collect from me in 2010 in court and lost. The amount is for $9800 and am fuming. The nightmare continues. Does my winning against them in court help me to prove to the IRS that this debt is wrong? And if so, what are the steps? Thank you so much for the help.
  15. They are definitely reporting innaccurately. I cannot believe what they are doing is ok under fcra. My original debt was paid to OC. Somehow, my "debt" was sold to jdb. They couldn't prove in court. Now they are reporting I owe $38k!!!! They were suing for $9k. Still confused as to what to do....Thanks for the info clydesmom. Will try not to tilt at the windmill, whatever that means.... Guess I will get court copies and write to credit reporting agencies. I tried to get a letter from OC and they said they have no record. This was 6 years ago. So thoroughly done with this garbage. Wish I had the energy to sue them for inaccurate reporting.... Thanks for your comments.
  16. Hello, Midland sued me in court and they LOST. They were obviously not original creditor and I was disputing amount. NOW they are reporting, at least monthly, amounts that are 4x what they were suing me for in court! This can't be right. What are the steps to get them off my report? I am assuming I need to start with going to court house and getting copy of court ruling. Thanks for helping me streamline the process, do it right the first time, and get these mofos off my back once and for all.
  17. I blame big banks. Lawyers helped me out of this mess
  18. Thank you calawyer. Couldn't have done it without you! I am signing petition now. Happy Thanksgiving. You're an awesome human being!
  19. When judge offered me dismissal without prejudice, I almost said yes (i was freaking out!) but I felt not only could I get a better result but these jdbs need to lose! They make their living off people's misfortune and misery and lack of knowledge. Now I have better peace of mind knowing I told my story, they had their chance, and the fairer side prevailed. They use the weak side of justice to win. It's just not right.
  20. I won! Not just dismissal without prejudice but I won! Lawyer for midland (itinerant lawyer who trolls courthouse representing big business) asked for continuance because "the witness didn't work for midland anymore" and the judge said sucks for you. Well, he said it differently but im feeling a bit cocky right now. Anyway, moot point, the witness had to be from OC. I rolled the dice, said I objected to dismissal without prejudice and I was put on the stand. My right hand was shaking as I was sworn in. But I answered truthfully, said I was objecting to the amount (you can only deny so much without pissing off this judge, and frankly, that was all I was asking for from the beginning: to remove the unfairly slammed 28% interest, charges, etc), and that it was midlands burden to prove correct amount and I had no contract with them. After some lecturing to me about a "free ride" and a lecture to midland about being prepared, he ruled for the defendant! Suck it junk debt buyers. Thanks to everyone on this forum who helped. It was lots of work, ripped me of my peace of mind, took hours of research, writing, copying but now OC and JDB don't get thousands of my middle class dollars that they unscrupulously attached to my account. Happy Thanksgiving!
  21. I won! Not just dismissal without prejudice but I won! Lawyer for midland (itinerant lawyer who trolls courthouse representing big business) asked for continuance because "the witness didn't work for midland anymore" and the judge said sucks for you. Well, he said it differently but im feeling a bit cocky right now. Anyway, moot point, the witness had to be from OC. I rolled the dice, said I objected to dismissal without prejudice and I was put on the stand. My right hand was shaking as I was sworn in. But I answered truthfully, said I was objecting to the amount (you can only deny so much without pissing off this judge) and that it was midlands burden to prove correct amount and I had no contract with them. After some lecturing to me about a "free ride" and a lecture to midland about being prepared, he ruled for the defendant! Suck it junk debt buyers. Thanks to everyone on these forums who helped. Happy Thanksgiving.
  22. Thanks for the heads up calawyer. I will print. I am also going to bring an attorney with me just for the morning so that he can argue if judge doesn't follow law again. I am finishing up trial brief but am a bit miffed as I'm just repeating myself from first court date: plaintiff needs to bring witness. Frankly, it makes me feel sad for our justice system. If my "silly little case" is being dragged out unnecessarily, what is happening to other people? Yesterday, they reported to my credit report that I owe them $38,000. From $3000, (original amount) to $9000 (amount they sued me for, to $38,000? Jesus when will this end?
  23. I already did all that and the judge continued! As you can see above, calawyer and there's we're surprised it wasn't dismissed. After reading it several times, I think it's just more of their scare tactics, hoping I will settle or not show up. I'm standing by my right to call witness and cross examine. I pray the "long in the tooth" judge will see that and dismiss.
  24. Alright, my second court date is approaching. As stated before, was surprised judge didn't toss it out because of no witness. Last thing judge said as he set next date was "they'll have to being witness." Just received papers from midland, Trial Brief, with a bunch of gobbledygook stating lots of cases, that records can be admitted as exception to heresay, (cal evidence code 1271 and federal rule of evidence 803(6), that i never made objections to chase (they then state california bean growers vs. wlliams 1927 -- wtf?) Then they go on to say i bear burden of proof for affirmative defenses and finish with a conclusion that this a simple case of non payment. This document seems crazy to me. Not sure what to do on my second day in court/trial. Thanks in advance for comments/suggestions.