huntrosa8

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About huntrosa8

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  1. I attached a few of the case files (redacted). Uploaded is the most recent "Interrogatories" Request from Pressler, their alleged "debt validation" documents (sent to me recently) and the original case file from the 2012 judgement which includes the initial complaint, and all the original case documents. @BV80, sorry for the delay, I changed offices and did not have a scanner until today. I have been in contact with an attorney from Flitter Milz, but I am not sure if they are interested in taking the case or not. I had contact Philip Stern way back when and never received a response
  2. @CCRP626 I pulled my credit report once I found out about the case and saw the judgement on there. I haven't used credit cards in years so I have had no reason to look at it until recently. @BV80 I will scan and post docs tomorrow morning @Clydesmom I love your thinking. In fact, I am quite excited for this joker from Pressler to call me back again so that I can tell him that.
  3. I called the courthouse this afternoon and they informed me that I do not have to file an answer since I included one with the motion to vacate. So now I will be focusing on compelling discovery. The court clerk said I do not have to file anything with them for that, I just have to communicate directly with Pressler for that. The original case file definitely was filed with affadavits. Everything I have so far is on either Midland or Pressler letterhead and I did mention that in my answer. Would attaching the answer help at all? Or the original complaint? I don't know that
  4. UPDATE: After 2 months of nail biting stress I have finally received a response on a motion to vacate. The clerk from the court called me to tell me that the judge granted my motion to vacate! Whoohoo! I realize my fight is not over though, the clerk told me that the judge reinstated the complaint and they set a trial date for October. So I guess the SOL rule is not effective at this time since there has been no dismissal yet. @kraftykrab you touched on this briefly back when I filed the motion to vacate in May. I am waiting for the formal ppwk from the court but I am happy for some
  5. @CCRP626 thank you so much for the feedback. I will get started on gathering all of this info and update once I have a better picture of how we got to this point.
  6. As of today I still have not received anything from the court. I called there and they said the judge was still reviewing the motion. Is this a good sign or are they possibly that backed up? What is the standard time you can expect to hear back after filing a motion to vacate? The motion was officially filed on 5/31/16, so its been exactly 3 weeks.
  7. As a quick follow up, I believe the service agreement states that PA law will govern if that helps.
  8. I am interested to know if there are any laws (federal or state) protecting small businesses with respect to Commercial Debt Collection in NJ? My company has been contacted by an investigator with Kearns, Brinen & Monaghan regarding a breach of contract. As I understand it, we had a service contract with a communications service provider called Line Systems. We were also provided with phones from the company, which I am not sure if we rented or received free with service contract or what. In any case, when it was time to renew the contract we chose not to and went with a new serv
  9. @Clydesmom gives great advice. Bankruptcy would't help you in this case since half of your debt is student loans (which are not bankrupt-able). And stay away from the Debt Consolidation schemes! Congratulations on getting and staying sober. I'm sure it wasn't easy and I know that old debt is just a nagging reminder of your old habits. It totally sounds like you are on the right track, even though you are eager to start fresh. Just keep plugging away living below your means and negotiating settlements where you can. Keep current on any bills/debt ahead of anything in default.
  10. @RescueToaster Good luck with the fight! I have learned so much from this forum and I am grateful to have found it. I am in a battle with Midland as well so I feel your pain. Lucky for you, you are still at the point where you can settle and make this go away, especially if the debt is legit and you truly owe the money. My input is not legal in nature, only my real world experience and advice. @WhoCares1000 is right on. You can try some of these arguments and back Midland into a corner and force them to take action. They might sue, they might go away. If they do sue they will b
  11. I've been in your shoes, scared and unsure of my options. Make sure your food, water, light and clothing needs are met (reasonably) before trying to tackle any other debts. Do you mind giving a few more specifics about your situation? A few questions: Do you and your wife have a joint bank account? Is she listed as a joint card holder with Discover? Does your wife work outside the home? Is this credit card currently in default? What are your plans to increase your income in the near future? It sounds like you are suffocating and a few hundred do
  12. What is the car worth as it sits? What is it worth if you fix and sell it? (Kelly Blue Book Private Sale).
  13. Interesting. That is the type of information that I don't know as a layperson. I did not realize that vacating the judgment did not necessarily mean the case would have to be refiled. Can I move to dismiss right there at the hearing if the judge grants my motion to vacate? OR Do I have to file the motion to dismiss separately? They served me at an old address. I had moved nearly two years before. The certified letter was returned as "Unclaimed" and "Unable to Forward". The regular mail was not returned, but I am not aware of what the occupant at the time did with the letter. So
  14. Clydesmom do you mean to say that there are potential FDCPA violations now? Or that Midland would be violating FDCPA if they try to restart the case after the judgement is vacated? I am attaching a copy of the motion to vacate. Towards the end is when I mention FDCPA violations and the CFPB Consent Order. I don't really know how to word that properly for court, but I definitely feel that it is relevant. Midland might be violating the FDCPA or the CFPB Consent Order, but we cannot prove that unless we are granted discovery. However, in order to permit discovery, the motion must be v