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credit2011

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Everything posted by credit2011

  1. I want to settle a judgement after 4- years when I got it. They attached one of my banks but there were no funds in it so that account I cant do anything with- They just initiated a wage garnishment but its a part time gig and in California they are not going to get much. But I want to rid this thing once and for all. What is the best negotiation tactic to offer less than 50% of a about a 4K debt? Should I contact the debt buyer directly- the attorneys that are listed on the account for wage garnishment. Should I not phone call them or just send a letter certified to offer a settlement?
  2. Should I verify with the bank as I did receive a notice of levy from the bank about the full amount. Chances to negotiate down with them (the creditor) . I see people have said they dont budge on judgements but has anyone here had success of such?
  3. If the creditor does not want to take a payment arrangement and they have levied lets say 2K , should you just keep depositing funds into that account and then it goes to the creditor til its paid off? So lets say you keep putting 400 or so once a month. Can you do this without contacted the creditor?
  4. I did receive the notice of levy in the mail today- but it is unsigned the box is check registered process server but no signatures of any kind.. An exemption claim for was included.
  5. I was very sincere and nice with the three times I called. Ya know, sometimes you gotta speak to different people to get things resolved. There is always bad apples in every company as some are more aggressive than others. Not sure, but these reps are trained to be hard nosed and scare you. Mean while they makes tons of $$ but also sit on uncollected debt that they resell and also buy for pennies on the dollar.
  6. Yes, I do know the issues with judgements. I was trying to get some indication here from the board regarding payment plans for these kind of things. I see that it is up to the creditor. And for what I went through years back and watching the other cases called before me in court, how people were violated and taken advantage of not necessarily by the CA, but the unfair judges who are in cahoots with these companies bringing in massive business to the courts. While there are some good fair judges, justice seems to be a crap shoot.
  7. I lost the case on a technicality and won another one with them. Midland is the worst to deal with. So is the bank that they bought the debt from.
  8. So far no, but I will speak to someone again there and see what I can do. I would like to make an offer less than the amount. I know Midland is the worst. I am not sure if it is worth to speak to an attorney about it cause we are trying to be masters in negotiation. What sucks is that California collection agencies do not have to be licensed as far as I know...
  9. Midland has this website set up where you can make payments via credit card or send them cashiers checks, even Western Union. I have not logged on there yet but the page does say " Access your MCM account to setup and manage payment plans." So why on earth was I told it full payment or the highway, I am trying to find if there is a law with a judgement that allows you to set up a payment plan.
  10. Is this information on stipulated judgement request applicable to after judgement stuff or not? https://www.creditcards.com/credit-card-news/credit-card-stipulated-judgments-1282.php
  11. The funds in my account were deposited from a company that paid me to work for them via independent contractor via their direct deposit into Pay Pal, but then I transferred the funds to that bank account.
  12. No I tried - I dont know how to do this further- This is part of their BS
  13. I called Midland and they said that they will not work with me regarding a payment arrangement and they said NO absolutely not
  14. I read this but what I am trying to find out is if I should make a payment arrangement with them to sop additional levies- http://www.socaladvocates.com/Bankruptcy-Blog/2013/September/How-to-Stop-a-Bank-Levy-in-California-File-a-Cla.aspx
  15. I am not sure it its too late to defend an amount for the judgement. They still would have to provide information docs and witnesses if it went to a hearing. They screwed up one time before in court against me and I won on another case.
  16. I had a court case and I lost on this one and the judgement was entered in 2015 or 2016 I dont remember. It is not on my credit report as I see so far. Do I have a chance to beat this or lower the amount of judgement? I do not qualify for disability and other circumstances. The bank was Wells Fargo and my main concern is improper charges to begin with.Wells Fargo is so fraudulent to begin with.
  17. I had two legal order fees showing for small amounts taken out of my checking. I called the bank and the local Sheriff and was told it was Midland Funding. They have a judgement against me from a few years and to note- I never received a notice of Levy as of today - so far nothing. The judgement is about 3K. The Sheriff's office said I can file a CLAIM OF EXEMPTION HERE IN CALIFORNIA - I was directed to file it with my local courthouse. I have 15 days to file from the date of levy. The lady said they have 10 days to oppose. If they answer and oppose, a hearing date will be set. Question is- Should I do this and take the chance they wont be able to come up with proper docs or whatever at the hearing? Do I have a right to supoena a witness? What are my chances? Should I call them to make a settlement after I file my exemption? Help !!
  18. Defendants served with summons and complaint. I sent interrogatories and POD 10 days after service. No response from defendants. 21 days after summon and complaint served, defendants hire an attorney at the last minute and send a motion to dismiss case . This is California Federal Court. I am aware that motions to dismiss will halt the discovery process till a judge rules on my reply to the motion. Do I have a chance to still impose sanctions and do a Motion to Compel for the Interrogatories and POD?
  19. No it was not in court it was a private deposition before trial- part of the discovery process I assume. Thanks for your quick reply
  20. If a witness to a case for the plaintiff had a prior lawsuit that was settled with a confidentiality agreement, and that witness for the plaintiff says they have evidence to help the plaintiff's case in a deposition they took in the previous case, can that confidentiality agreement be broken? Could I ask the judge permission to subpoena part of all of that deposition to submit as evidence? State California Is there a rule for that in Federal Local Rules also for reference?
  21. I am helping a friend with a case. The friend is the plaintiff. The other party was served, but when it came to serving a request for production of documents, and sending interrogatories they are refusing the mail. So she wants to file a Motion to Compel. I am assuming in that we also need to file in the Motion, a declaration and also do we need a MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT FOR ORDER COMPELLING RESPONSES TO REQUEST FOR PRODUCTION within that motion and added to the tile of Motion of Motion to Compel etc, . Do we also need to add this at the end - NOTICE OF TENTATIVE RULING SYSTEM . Is Sacremento, Ca the same as neighboring counties in that area of California. I called the court, they do not give advice but direct you to rules and I could not find the exact rule to use. I her you have to send a meet and confer letter, but is that mute because they are not accepting the mail or service anymore- basically evading.
  22. On my CRA payment history it shows first 30 days late in April 2017 , then it shows paid ok in green Oct 2011 On the status update section on the left it shows status Updated March 2012 I am trying to figure why it says March 2012 and what that means as to how long the 7-year itch is up on this account. Please see file below. I believe it should be reported delinquent in 2011 , not 2012
  23. So basically I will get the same answer from them they gave the CRA Experian? ( We did not find an error and this was reported correctly) And- I am just banking on them not responding within the 30 days.
  24. I disputed with the OC 3 tradelines with Experian (Chase and Bank of America), they all came back issued resolved with no explanation other than, we have the correct information reported. The accounts are from 2011 and 2012. I now will have to dispute directly with the OC. When I do, what information do they have to exactly send to me to prove they are right. I no longer have my documents with these credit card accounts, and I know the burden falls on them to prove and if they cant, they have to remove
  25. Helping a friend with a civil case. Looking to site cases for the complaint. 1. Landlord releases private information on a rental application to someone who coerced landlord to give them this info. The person is an individual, not a lawyer. The party requesting the information is involved in another court case with the landlord's tenant in a different state. Information was posted online as the public record, but it is illegal in California for a landlord to pass this information with ss#, bank info etc without the consent of the tenant, unless he has a court order. And that is not the case, as the tenant has not committed any crime, but is an innocent victim of malice and conspiracy. I am looking for court cases to site for listed causes of action such as breach of contract-, Rico-/Extortion-Conspiracy-Intentional Infliction of Emotional Distress-Common Law Bad Faith Against Plaintiff
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