pearson

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About pearson

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  1. ughhh... starting to think I need a law degree!
  2. Is Chase allowed to just reopen and change my credit report and add all the paid late dates all the way up until 2012, when it was charged off 11/30/2010? The paperwork sent with the summons even says last payment was 3/11/2010 and charge-off date was 11/30/2010.
  3. If I could come up with $500-700, would it be worth it to offer them this amount? $700 is the most i can get my hands on (borrow from relative). If I were to offer this amount and they accept, I would want to try and get a pay for delete from my CB report. I looked at the forms available here, but since a law firm is handling the issue for Midland, I am unsure how to apply the legal Creditor/Collection Agency/etc terms & also what term the lawyers would be under. See below. ----> Midland Funding, LLC/Midland Credit Management, Inc/Encore Capital Group, referred to as COLLECTION AGENCY and My name here, referred to as CONSUMER, agree to resolve the matter of the alleged debt, originally held by the Chase Bank USA, N.A,/Heritage Bank One Company hereafter referred to as the CLIENT. COLLECTION AGENCY, hereby agrees to settle this alleged debt claimed by COLLECTION AGENCY on the following terms and conditions: <--------- Not sure how to add in the lawyers... Also not sure why Heritage Bank is named in the suit??? I have never dealt with them. Also not sure what to do about the Chase account reopening itself on my credit report. Unfortunately, my pc died this past year, so I no longer have a copy of the older CB Report, which showed it was charged off. ***** Is Chase allowed to just reopen and change it like that and add all the paid late dates all the way up until 2012, when it was charged off 11/30/2010? The paperwork sent with the summons even says the charge-off date was 11/30/2010. "the once charged off account from 2010 is now showing as closed by consumer in Nov 2009 thru May 2010, but then it reopened itself and started posting in Jun 2010 as 30 days OD, then 60 on up to 180 days OD until Jun2012 when it was closed again. Purchased by Midland in May 2012, who posted it as collections starting in July 2012"
  4. I have a bunch of stray cats they can have;)
  5. Any money left over from fed student loans goes to pay for my books, with a few bucks left to pay for printer ink, notebooks and pens. But I will def take it out as soon as it hits this month. Hard to win when the deck is stacked against you. The amount is already more than double, so I am already seeing the outrageous ballooning. Somehow the once charged off account from 2010 is now showing as closed by consumer in Nov 2009 thru May 2010, but then it reopened itself and started posting in Jun 2010 as 30 days OD, then 60 on up to 180 days OD until Jun2012 when it was closed again. Purchased by Midland in May 2012, who posted it as collections starting in July 2012, with no data for Nov 2012. Weird tho, as I had just fixed a bunch of errors on my CRs last year and the Chase account had shown as Closed by consumer and then charged off. The charge off has just up and disappeared, and all this new stuff is on there from them. This is all very frustrating. Would have been nice to have gotten even one letter from Midland prior to them suing, granted, it is not like I have anything to offer. Wish I had the money for a lawyer. Clydesmom, I see you are in Mich, did you used to be in GA? You seem to have its number... lol
  6. Clydesmom, thank you so much for the advice. I will def go hang out and see what I can see. GA is so pro-corporation over the little guy. Everything you said goes right along with all my fears. As your crazy dog story is just the tip of the iceberg. Arghhhh. Maybe a good additional approach would be for me to also find out exactly what they can do to me if they get their judgement... or if there is a way to get out of the judgement due to economical hardship without having to claim bankruptcy? I am a disabled vet, and I live on my measly VA disability, which is 3/4 federal minimum wage. I have read that GA does not alllow for garnishment of VA disability, or Federal Student Loan monies (I am currently getting my degree). Without a job, there is no paycheck to garnish. I do not own any property outright, although when my car died last year, I got suckered into leasing a vehicle (dumb!). I usually have less than $50 a month in savings after neccessities, medications, car payment, & insurance. I guess bankruptcy could also be an option, but it seems stupid to file for less than $15k in total debt (not including car/student loans), not to mention, I just don't have the money needed to file and it doesn't get rid of student loan debt.I had just started getting my credit back on track, and now this happens. Murphy's Law.
  7. Unfortunately, some of the other case horror stories i read had a lot to do with it being very much a good ol boy network here, and judges and lawyers are pretty buddy buddy--small town. Defendant was considered a "smart aleck" for bringing up questions with regards to procedure possibly not being followed. Nothing went defendants' way. Of course, they can now appeal, but after getting dumped on so hard in the court, I know i would be very wary to go further after all that. I suppose it is a fine line in trying to get the court to follow the rules and yet not be percieved as a smart aleck or peeve off the judge in the process. The redacted sections on the bill of sale's Closing statement (sale of accts from chase to Midland) are the file number, number of accts, Total unpaid balance:Purchase price: Percentage, Purchase price, & Wiring instructions, as well as what was probably a form number on bottom left. The warranty info was not redacted... as stated above. I am not sure what I should be doing now, since it all is so informal. I will probably go up there tomorrow and ask the clerk how I am supposed to go about gettng the affiants to show up. I mentioned off handedly to the clerk last time that I had no idea who Midland was, as I had never heard from them before being served. her reply was that the summons had that information and should show me what account this concerned--meaning all the photocopies they sent. The way the clerk made it seem before, it was as if everything is done now, and all I need do is wait for the court date. If that is the case, it seems like i am just walking in there so the judge can issue a judgment against me in person.
  8. I have read up on the forum, plus other advised reading, and it appears my next step now that I have answered the claim is to try and knock out the evidence. With affadavits, I have read that I am supposed to try to have them deemed inadmissable and that I should try to summon the affiants as witnesses. I have done quite a few searches to try and find the paperwork for this and also to find all the rules for the magistrate court, but I am not having much luck. I get the same measly results for the same forms that are not needed, over and over. However, I have run across some prior court cases (not neccessarily w JDB), that give me pause on the whole ordeal, as it appears that the chances of my actually getting anything other than a judgement against me are slim to nil. I am worried that the informality of the magistrate court will actually be a hindrance in my case,especially if I get too "formal". For example, When I turned in my answer (general denial on their weird form), the clerk said she was going to send it to the plaintiff (not for me to do). What everyone else has descibed in these forums as the normal procedures... well, that seems to NOT be the case in this magistrate court. Any advice on how to proceed in a very informal magistate court in backwoods GA, where actually following procedure/law may be more a hindrance than helpful? 1. Who is the named plaintiff in suit? Midland Funding LLC Successor in interest to Chase Bank USA, N.A./Heritage Bank One c/o Greene & Cooper LLP 2. Name of the law firm Greene & Cooper LLP, Roswell, GA 3. How much are you being sued for? About $4000+ including all the interest, late fees, etc. 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) Served by Sherriff's office 6. How were you served? (Mail, In person, Notice on door) Delivered to me me personally at home. 7. Was the service legal as required by your state? Process Service Requirements. Yes. (GA: To the defendant personally, or by ...). Required to file/present answer to claim within 30 days after served. Clerk said she was to send plaintiff copy of answer 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact prior to being served (but their paperwork includes some old notice sent via mail by Midland) 9. What state/county do you live in? GA, Douglas 10. When is the last time you paid on this account? Their paperwork says last payment date was Mid March 2010 and charged off End of Nov 2010 11. What is the SOL on the debt? To find out: *[§9-3-25--GA statute of limitations on a credit card is six years after the amount becomes due and payable]. 12. What is the status of your case? Suit served? Motions filed? Not sure. I assume it is Suit served. Not open on holidays. Clerk said I would receive hearing date notification in mail and would send plaintiff the Answer. Will call after holidays. 13. Have you disputed the debt with the credit bureaus No. Neither. 14. Did you request debt validation before the suit was filed? No. This is first I heard of Midland. 15. How long do you have to respond to the suit? (This should be in your paperwork). Was served Nov 25th… Was due On Christmas Day. Turned in General Denial Answer form and clerk said she was to mail copy to Plaintiff. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 8 pieces of Evidence (I have documents uploaded if copies needed); 1) Photocopy of Affadavit from Cassndra Holmquist for MCM. States she is Legal specialist for MCM & her biz addy is in St Cloud, MN, & based uppon pesonal knowledge of acct records maintained for plaintiff, defendant is the owner/successor to the defendant's Chase account #******, and MCM's records show that defendent owes balance os $**** w interest due from 11/30/2010 @ 7% making total due $**** as of 09/16/2013. "I certify under penalty of perjury that the following are true & correct. 2) Photocopy of 2 page Account statement from Chase with acct #, dated 11/26/2010, with almost $1000 past due amount and various late fees/interest charges for statement date 10/2/2010-11/01/2010 3) Photocopy of random page that has address change request and illeglible "Information about your Account" I think this is supposed to be the back of the statement? (bottom # on Rt does not match other numbers on other statement pages). 4) Photocopy of Data print out from MCM from Electronic records from Chase Bank pursuant to the Bill of Sale transferred on or about 05/30/2012. Has Field/Field data columns that say name, acct #, Sale amount $, address, phone, last four of SSN, Charge Off Date, Laste payment date, LPmt Amt $87, CO Bal $****. Says that this is what it is at the bottom of page. 5) Photocopied MCM PreLegal Notification (2 pages?), dated 1-12-2013, with MCM acct #, $**** amount owed (difft frm other docs, but around same area) and date due? 01/12/2013 (blacked out in copy, but I assume it is date due). Postal mark of 12/13/2012. Says they have made several attempts to notify regarding account and to send in $500 in order to stop it from being sent to a local attorney. Has payment coupon at bottom. Another photocopy page of MCM "Statement" (I think these go together). Statement date says 12/13/2012 w due date of 1/12/2013 for $**** balance. 6) Photocopy of Blank page with a bar code on upper left side. Have no idea what this is from. I assume the above. 7) Photocopy of Affadavit of Sale of Account by Original Credito, dated 07/02/2012, by JP Morgan Chase officer Martin Lavergne. States that due to his biz position he is aware fo the sale/assignment of electronically stored biz records and that Chase sold a pool of charged-off accounts on or about 5/22/2012 to Midland Funding & that these records were kept in ordinary course of biz under Chase, and he's not aware of any errors in the account. Above statements are true to the best of his knowledge. 8) Photocopy of 2 page Bill of sale with Chase logo on top right, & closing date 05/30/2012. Chase (seller) for value received & pursuant to terms/conditions of Credit Card Account Purchase Agreement dated 12/28/2011 w Midland assigns effective File Creation Date of 5/22/2012 all rights. title and interest in/to those certain recvbles, judgments or evidences of debt described in Final Data File, entotled (Account's Primary File Name) attached hereto & made part for all purposes. Has redacted sections. Amounts due Sellar by purchaser... and more redacted info. No other representation of or warranty of title or enforceability is expressed or implied. Some more legal mumbojumbo and signatures from Chase and Midland. Stamped "Approved by Legal" and has another redacted area on bottom Left. p. 2 has aggrement date of 12/28/2011, Seller and Purchaser name, file creation date of 05/22/2012, closing date of 05/30/2012. Redacted info for File 3, Number of accounts, Total unpaid balance:Purchase price %, and purchase price.