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Everything posted by inegoti8

  1. If you call the law firm and state that the debtor is applying for permanent disability, that they are now disabled, they will dismiss the case and return the debt to capital one where it can be settled for next to nothing. Not suggesting you lie or anything. That would be unethical. Just answering your question.
  2. H&H will settle a B of A debt for 60%. Provide a substantial hardship and it’s a piece of cake.
  3. Your HR person is incorrect. Texas requires out of state judgments be domesticated or filed with a Texas court in order to garnish your wages. You need to speak with a local attorney to stop the garnishment order but I would also make your HR Dept aware of this immediately as they are violating Texas law. Google out of state judgments in Texas require domesticating prior to garnishment. Provide a link in the email to HR and that may be enough to stop the garnishment.
  4. A few years ago some JDB’s were handing out 1099’s on tons of accounts for tax write offs. This only happened 1 tax season. I’m not sure how legal it is for a JDB to issue a 1099 but I read that it blew up in their faces. You should not receive a 1099 from Midland. If you do, it should only be for the amount paid on your account. Meaning what the JDB purchased your individual account for.
  5. Dispute these accounts first with all 3 bureaus. Medical bills are very easy to have deleted. Dispute as “not my account/no knowledge”. It doesn’t matter if you’ve already spoken to the hospital or not. Do not pay dime until you also confirm that these debts are within statute of limitations.
  6. Nearly all of the top credit card issuers name the state whose laws should apply to their card agreements. Judges deciding specific cases may interpret state laws differently; those court rulings may then be overturned. Judges also may rule on which state's law should apply -- the one where the consumer resides, or where the card issuer is located. Recently or within the last 3-4 years NY decided to apply the state laws with the shortest SOL and many other states have followed suit. I would check recent case law to see if there has been any change. I haven't had any issues getting cases dismissed in states other than CA.
  7. You may request validation at any time. In the last 15 years, I've never had a CA or JDB pull the 30 day window card which would be absurd considering they have no way of proving when the debtor became aware of the debt. In the last 15 years, MCM has followed the same protocol once a debt validation request is noted to an account prior to the debt hitting their litigation department. This has been my experience on at least 2-3000 accounts. Sure, different portfolios have different collection guidelines but share the same when it comes to validation. This isn't just MCM either, it's the entire industry of JDB's that handle DV in this manner.
  8. Not true if a payment is tendered for settlement. The 7 yr rule still applies.
  9. Guys, Chase Bank is the OC and has a 3 year SOL being headquartered in Delaware. Portfolio is aware of this 3 year statute rule and has no intentions of suing you. Send them a cease and desist and call it a day. side note: Discover, B of A, Chase and Cap1 are all based in Delaware. If you live in a state with an SOL greater than 3 years, and have accounts with the above banks or any other bank based out of Delaware, the cardmemember agreement is governed by the rules of the state of Delaware.
  10. GC services will accept as low as 15% to settle. 25% is standard.
  11. I do not advocate not paying bills but I certainly would never advise paying a debt beyond SOL or a medical debt that has not first been validated. FYI medical bills are deleted very easily from credit reports that are placed with 3rd party collectors like CFC. how old is the debt, what state did you incur the debt and have they provided you any proof of the debt?
  12. MCM is usually true to their word when you receive a pre-lit notice like you have. Your first step is to send them a validation request which you can find a template on this forum very easily. I can guarantee their response will be a letter requesting your assistance in validating the debt but since it's not your job, you can ignore and sleep well as MCM never validates nor do they attempt to do so and later sue you. If you ignore the matter, chances are being served and paying 50-80% plus court costs attorney fees etc.
  13. Keep in mind that if the original creditor is Chase, B of A, Cap 1 or discover, the Delaware 3 year statute applies. These card member agreements clearly state "the laws of Delaware" therefore, if you live in New York it's only 3 year statute.
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