jameswillson300

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About jameswillson300

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  1. There was no such agreement. I agreed for the amount, but there wan't any time frame explaining when they would release judgment. I thought plaintiff had 30 or 60 days to release judgment by the law. Is filing a motion for injunctive relief my only option? If I wait it out, would they release judgment in timely manner?
  2. I had a default judgement. However, I was able to settle it for less amount and paid it off on 10/8/16. It's been a month, and they haven't filed the satisfaction of judgement to the court yet. I've called them several times, emailed them several times, and they only said it will take sometime. I was recently denied of a city job because of this. Anything I can do to speed up the process? Any help would be appreciated! It's hurting my chance of new employment.
  3. Title fixed. I'm still confused about the bank account situation. I thought the account has to have my name on it in order CA to freeze it. I don't have any shared bank accounts with my relatives if that's what you are implying. There were times where they deposited my check to their account because I was paying them back, like tax returns. Is it possible to push the hearing date back?
  4. Thanks for the reply. This one is for Nebraska, I forgot to change the location on my profile. You said if I use family member's bank account, that could lead to some problems. What do you mean by that? Situations like my name being on the account as joint account? Also, I'm assuming when you said get called to court, you meant asset discovery hearing. Is that right? How likely for me to get called out? Isn't this one must go situation?
  5. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Enerson & Hornik llc. 3. How much are you being sued for? about $900.00 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) served, answered, NOW received motion for summary judgment 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? yes 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? Nebraska, Douglas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) To the original creditor, 2012 11. What is the SOL on the debt? 5 yrs, so NOT expired yet. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). motion for summary judgment filed 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). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I think 10 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit, and statement from OC. Long story short, I just received the motion for summary judgment. The date is within 3 weeks, and I can not attend. Do I still respond? I don't have problem getting a judgment. I'm willing to pay later when I find a job. Only thing I'm worrying about right now is JDB coming after my family. As I mentioned above, I do have a foreign name, and my brother and father have very similar names a lot like mine. Unlike my situation, my family do have steady income and money in the account. Would it be possible for JDB to come after my family's money?
  6. I was sued last year of July. I was served and I answered. Nothing happened in between until last week. I received motion for summary judgment and the hearing is within 3 weeks. I do not understand why there is a hearing date already without my response. I don't know if it's worth going to the hearing. I do have other important things and now thinking not going to the hearing. I'm "judgment proof." No income, no assets. Only thing I'm worrying about is that can it affect my family? This sound might silly, but let's say I do get a judgment against me. Can they come after my family's bank account or assets etc? I do have a foreign name, and my brother and father have very similar name to mine. Any inputs would be appreciated!
  7. I recently received a letter from CA claiming I owe them around $5k. I immediately sent them a DV letter,(sample letter form from here.) They responded with, 1. original credit card application I signed, not including the agreement. Just partial copy of application. 2. All the billing statements from original creditor, Chase. That's all they sent me. Now I'm wondering if these two will be sufficient enough for them to take me to the court and win a judgement. Any thoughts??
  8. Thanks again BV80. That will be interesting as even if I made a payment, it was to debt consolidation agency, not the collection agency. I never made direct payment to JDB. Also, would you guys think partial copy of credit application I filled out and billing statements are enough to validate the debt? If so, what should be my defense?
  9. Just like DV letter, I'm assuming they have to prove the last payment date. Say if the debt was passed around many times, I'm guessing it will be difficult for them to prove the last payment date whereas I have statements from Chase that I can prove the last payment, no?
  10. thanks, does SOL reset even the debt has been sold to other JDB or CA? i.e. made a small payment to "A" collection agency, stop paying. Debt gets sold to "B" JDB. Does SOL still restart?
  11. Thank you guys, I had several small debts and had this firm consolidate debts and make small payments some time in 2010 and 2012. I'm not sure if Chase was one of them. All the payment was to collection agencies, so the payment didn't go to Chase. And if I did so, does paying it to collection agency re-start my clock even it's not the same agency perusing the debt right now? Like I said, even after DV letter, they didn't prove anything about last payment. It was simply written on the first letter they sent me.
  12. I recently got a letter from Client Services Inc over Chase credit card debt. First I sent them a standard DV letter. I received all, ALL billing statements from 06-2010 and ALSO part of original application I sent to Chase. Now I believe these are sufficient as validation. So I want to argue SOL. They claim that my last payment was in 2012, not sure if they can prove this. But according the statements they sent me, LAST PAYMENT was on 6/2009. Chase kept charging me late fee, interests until 2/2010. If SOL starts on my last payment, then it is time barred. (4 yr SOL of open account in my state.) But if they count late fees and interests as "last activity." then it is still in time limit. Which one is right?? Thanks in advance.
  13. update: just searched my case this morning and it says, "Return-Summons The document number is xxxxxxx Served Dt Unknown, Authorized Person No Service " Does this mean it's been served??
  14. Ok, thank you guys. I feel so much better now with you guys help. Little update, It seems it was my old Bestbuy card that they are suing me for. The last activity on that account,(according to my credit report was back n 8/2009) Now like I said before, after it was sold to JDB, I had a third party(credit advising firm that helps out people making payments) make payments on them. Now does that renew my SOL?