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almostfree last won the day on March 24 2014

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  1. Excellent advice from shellieh98. It will make sure you don't lose because you didn't know the inns and outs of courtroom procedure, and it shouldn't cost you anything.
  2. It's unfortunate, but lawyers do this for a living, so they know the inns and outs of court proceedings better than the public. I have read that even with a judgement you might be able to negotiate a reduced settlement. I have read where some have posted that they have been able to settle a judgement for 75% in a lump sum payment. Try to read on settling a judgement.
  3. From what I've read, chase has stopped sueing over credit card debt because they're in trouble with the government so they'll probably eventually sell your debt to a jdb which are easier to defend against or hold on to it and pass it to different CA's who will try to collect. I know someone whose got a chase line of credit that's 5 years in default and hasn't been suee upon nor called by collector on for months. Don't sweat chase, get your financial life together, get a job, save a little and you can deal with chase later.
  4. From the WA state RCW laws: 4.18.040 Application of limitation period of another state - Unfairness. If the court determines that the limitation period of another state applicable under RCW 4.18.020 and 4.18.030 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies. Believe me, I've looked at trying to use the three year SOL of the contract from another state; it won't work here. You're better off attacking standing etc. The only thing that I've seen in my reading is oral contracts have a 3 year sol, so if you don't have anything in writing, you could possible argue since there's nothing in writing, it's not a written contract, therefore it's an oral contract so the 3 year SOL applies. But that's risky. If they don't have anything in writing, you're better off challenging standing.
  5. I would never say I'm not open to a settlement. A settlement can be anything you want. Your settlement can be a mutual walkaway.
  6. Congrats. Each company that tries to collect on these debts is going to help you pay your copays. Firstly, don't panic,your debts are either too old (the statute of limitations have expired) or discharged in bankrupcy. Read through this site, and contact an attorney from They'll take care of it for you, and it won't cost you anything.
  7. I think the fact that you know you're safe, ie. SOL expires helps you. If they try to collect, just letting them know that you know the SOL is up, like Wins the battle did, will probably make them go away. I'm sure they did an analysis of your situation to see if you were worth pursuing, and decided that even if they won a judgement, the likelihood of collecting isn't great. I'm sure they do the same analysis on all of us. How likely we are to fight, the amount of debt, the likelilhood of collecting, all factors in. I know it seems like a lot, but 22k to them is probably not that much. So they probably will throw it to collectors, but if that doesn't work, they probably let it go. The particular bank I'm dealing with has no cases listed in my state in district court (75k or less), only in superior court , >75k. I'm hoping I can ride mine out a little longer
  8. It looks like you were able to run out the clock on them. One thing you might check is what the statute of limitations is on a promissory note in your state. I think private student loans are considered promissory notes, and it may be the same 4 years in your case. In my case the SOL for a promissory note is shorter than a written agreement by 2 years (6 years for a promissory note vs 8 years for a written agreement). Clock's still ticking on mine. From what I've read, an expired SOL doesn't preclude them from suing you; it just gives you an affirmative defense in court, so don't ignore things they might send thinking you're safe because of the SOL. If a debt collector sues on a debt that's past the SOL that's a violation of the FDCPA, so a FDCPA can make it go away and get you $1000 for the violation. Congrats.
  9. Kranky, I sent you a PM. I don't know what the administrator's policy is regarding posting attorney's names. I'd be happy to post his name for anyone to read, but I'll respect the administrator's policy if they don't want a name posted.
  10. I used an excellent attorney in WA state, who found violations, so in the end the jdb paid my attorney's fees and the debt was extinguished. PM me if you want the name
  11. I used an excellent attorney in WA state, who found violations, so in the end the jdb paid my attorney's fees and the debt was extinguished. PM me if you want the name
  12. Look up irs form 982. If the total amount of all your debts is greater than your total assets, you pay zero tax on the forgiven debt. Did this a few years ago. No problem.
  13. Kj, Mine didnt even get that far. I received a summons in district court. Contacted a lawyer. They did discovery back and forth, and the thing is, they didn't have nothing, but the evidence they had was flawed in a court/legal sense. So based on that and the things my lawyer said we would require them to produce in court, my lawyer said extinguish the debt, clean credit reports, and pay all our legal bills. He actually suggested we could get money in our pockets for the violations, but I didn't care about that, I just wanted it done. If I had tried to go pro se, I wouldn't have known how to argue their evidence was flawed. I'm not saying don't go pro se, but realize a good lawyer will not let you lose a case that you shouldn't lose based on procedure and proper arguments. And if you have a violation against you, you get your lawyer fees paid by them.
  14. Kingjames, I admire anyone who takes the time and effort to go prose and win. But you're missing an important point. If the jdb violates the fdcpa you wont have lawyer fees. A good attorney will not only defend you against the lawsuit, but countersue for the fdcpa violation, and they get there attorney fees paid by the jdb. I just finished a case, where the original cc was sold to a jdb, and they recently sued us. The debt was about 20k. I contacted a lawyer, he went over the case, found violations, got the jdb to extinguish the debt, take it off my credit reports, and pay my attorney's fees. Cost to me in money and time = zero. I could have pushed for a thousand for the violation, but I was happy just getting rid of it and having my attorney's fees paid.