scoutshouse

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About scoutshouse

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  1. Thanks so much... I think the best course of action would be to file an exemption to show my income is way under my living expenses, rendering me judgement proof. I will still have to pay - and it looks like the interest is very steep: on 2100 I calculated 10% simple interest at over 100 per month! yikes BUT it could give me back my bank account, without which I can't reliably generate extra income by selling online, income that may help me pay this off much faster than making payments. I assume I'll end up paying much more than the original debt, and even more than they're asking today, but I can also limit or control my engagement with the collector (nothing personal). I need that account to be able to pay for online training, buy books and miscellaneous to return to the job market. I can also pursue the SOL line of defense/offense(?) and see where that goes. For anyone in the same circumstances, here's what I found that helped to clarify my situation and how I might work it out: http://sacramentopress.com/2012/12/04/everyday-law-are-you-judgment-proof/ and downloaded their step by step, including forms: http://www.saclaw.org/uploads/files/Step-by-Step/SbS%20COE%20Bank%20Levy.pdf Much of the advice out there details wage garnishment and exemptions I can't claim. This clearly addresses my situation: lack of resources to manage or meet the judgment of a bank levy. (Ironically, foodstamps will probably make me slightly less judgment proof!) I'm feeling a little better, hoping I'll be able to work out the above plan of action. Again, thanks for your help!
  2. "Were you served properly with the lawsuit? If so, did you answer the lawsuit? If you were served and did not answer, you will have a hard time now objecting because of the SOL." But once they've done it and won a judgement it's not misconduct anymore? CCRP: Can you answer specifically, what's your opinion on pressuring them to relent or compromise by reason of the statute of limitations? The debt is more than three years outside SOL. ...if the debt collector knew or should have known that the suit was “time-barred” – that is outside the statute of limitations – then the act of filing the suit is a violation of the Fair Debt Collection Practices Act (FDCPA), the federal law that governs collectors. This can entitle you to money damages. Collecting damages is not my goal, but it seems clear Mandarich knew exactly how old that debt was. I'm surprised they've taken that risk and spent that much effort to collect such a small debt (relatively). It would be interesting to research whether they routinely violate SOL. Are you saying I should have received Form SC-100? I was served at my home. It may not have been that exact form. What complaint would I be lodging to the State Attorney General? Just wondering how creditors justify these final amounts? Do they have to provide the Court (or anyone) with documentation on how the fees were accrued? Of course, as a business they have expenses to pay to serve and go to court, but I would imagine the debt has passed through several hands at this point and the actual numbers are arbitrary. Spinning my wheels - and I should be sleeping. Thanks for your time, guys.
  3. It looks like there is nothing I can do about a hardship. I'm waiting for BofA to send me their notice. What about the fact that the debt is 8 years old and Mandarich had no legal right to sue after 4 years in California? I know the Court isn't likely to acknowledge a mistake - I don't think it works that way:) But a lawyer might be able convince them we could have it vacated, or make an offer in compromise. If I can find a lawyer, probably an advocate. It's a vast amount of money to me today, but a ridiculous amount to take to a lawyer. We do have a good advocate at a local charity, but she's not taking any new clients til May. I'll call her and ask if she can refer me. Again, I realize I owe the debt, but if I can push back in any way, I may still be able to work out a partial/lump payment. It would be extremely difficult to locate 1/2 of what they now say I owe. $2100 but it's worth a try. Most of the common wisdom out there is to negotiate as little as possible with a collection company, and make a clean break. I will try to look into the court ruling, nobk4me. I'm commuting very far everyday for very little money and don't have a lot of free time. The PayPal card is an idea. If I am able to put together something to sell, I can transfer from there. As long as I keep enough funds in Paypal, eBay will be paid my fees from there, and may never know my bank account is frozen - I pray. That's my biggest fear, as this is my one source of extra revenue. I think I had one crossed payment between paypal, ebay and my bank where I ended up overdrafted... ebay wouldn't let me use that account. period. Thanks, CCRP and nobk4me. I had my first chest pains this week. sheesh.
  4. This is old, but why not show the other party the evidence you will introduce in court? It's likely once he understands you'll prevail, he may (should) back down.
  5. I am on Medi-Cal and should be receiving foodstamps within the next week. My income is very small right now, less than my 1000 outlay. What must I do to recover my account(s)? Any extra income that MAY come to me (Paypal) is dependent on my authorized checking account. I'm very concerned these established accounts will be permanently "contaminated," and don't know if it's advisable to contact Paypal to see if I can open a secured credit card. I haven't received notice from BofA and have no idea how Mandarich plans to satisfy the debt and/or "un" attach my accounts. It's conceivable I could manage to pay $50 per month, as they hint in their letter, but have read it's best not to offer to pay to avoid a debt collection that might remain unresolved. Should I file a hardship claim with my bank? Does Mandarich have the authority/ability/motivation to unfreeze my accounts to enable me to earn and pay? So far, I think only the legal fee has been charged by BofA (probably will end up being $100 for each account, both of which are empty) but no principal has been collected, since it's not there to collect. shizz. BTW, I'm not positive, but I believe this debt is out of the statute of limitations (closed in 2007) but of course the suit was filed, so I guess the court deemed it ok to sue. How would I document limitation? when it went into collections? Dunno Thanks so much for this forum - I'm putting out fires and pulling small amounts of money from anywhere I can to pay my rent, etc. So I'll be in and out, but again, thanks! Edit: I checked my Credit Karma report - the account was closed in 2007. My limit was 1100 and the highest balance is stated at 3400, which it never was while BofA held the account. With fines or late fees it went up to approximately 1600. I assume the high number *somehow* reflects the full value the collection agency has assumed. Does anyone know about the statute of limitations that might help me respond to the collector? I realize I still owe the money, but if it would help me get my bank accounts released I would be able to function.