adda

Members
  • Content Count

    6
  • Joined

  • Last visited

Community Reputation

0 Neutral

About adda

  • Rank
    Newbie

Profile Fields

  • Location
    Indiana

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. I will, as I have time. I've been considered disabled since 1998, so the money that was being seized was put on hold for a time so that I could get a "disability discharge". I DON'T really want to do that; I'm only in this predicament because of system failures. I called USAFunds today ("Great Lakes"); after inputting my SS # etc, I was looped back to Navient ... so WHY does NAVIENT tell me to deal with USA Funds/Great Lakes? This is SUCH a scam 😖 .
  2. I've answered part of my own question by poking around. I have a Paypal account; in 2012 I also was given a "Bill Me Later" (paypal credit) account after I applied due to some promotional offer. My "preference" is that I pay out of my actual Paypal balance UNLESS I opt otherwise. I only used the account twice: 8/1/2012 purchase 35.98 (payments: 25.00 on 8/16/2012 and 30.00 on 12/4/2012 and 23.96 on 12/24/2012) 5/30/2013 purchase 14.99 (payments: 21.99 on 07/09/2013) January 2017, I needed a car battery. My credit was utterly destroyed in divorce; to the best of my knowledge, I no longer HAD any credit accounts. I was looking on-line and saw a battery at Advance Auto and saw they take Paypal as payment. I scrounged around and found my log-in info and learned I had a balance in my account (from sales of items several years before) that would cover the purchase. So I purchased the battery and used the "paypal checkout". Since I had pretty nearly wiped out the remaining balance with the purchase, I never thought to go back and look at the account. A few weeks ago, I got a call from a debt collector saying they were collecting on behalf of Paypal. Since I knew nothing about it, I told them I couldn't discuss anything because I had no knowledge of what they were talking about. I called Paypal; the credit account is closed and I don't have access to anything on that from my end. The day I bought the battery, it shows (in my REGULAR Paypal account) a debit for the battery BUT there is no running balance. When I click for more details, I can see that the amount was refunded to my (regular) Paypal account and applied to the credit account. I would have been delighted to know I had ANY credit available, so pretty sure I would have noticed if there was an "option" for using paypal credit vs my paypal balance. Also, I'm thinking that it wouldn't have initially been taken FROM my Paypal balance, then "refunded" when the credit account somehow picked it up. https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-paypal-for-illegally-signing-up-consumers-for-unwanted-online-credit/ I did sign up, BUT my preference was set to "use my Paypal balance" as preferred method of payment (unless I opt otherwise and an option exists at time of purchase). And of course, it would be "nutty" for the money to be in the Paypal account and me to just not pay the credit line, if I knew it had been used! From the above link, " made them use PayPal Credit instead of their preferred payment method, and then mishandled billing disputes. " I had to call the debt collector back (per Paypal representative) in order to get information on my account, so I haven't yet made a formal dispute (in writing). The consent decree Paypal entered is dated 2015; my purchase occurred in January 2017. I obviously need to dispute this (they want $285.53 for what started as a "paid in full" purchase of $106.99). I'm sick of having to deal with things that shouldn't even be happening, though, especially when I find previous action related to similar complaints. I'll do more research, but for the sake of covering my bases: do I need to dispute this in writing with BOTH Paypal and the debt collector they assigned it to? And should my dispute contain any reference to the past problems that they are apparently still practicing? Or merely state that I believed I paid from my Paypal balance, as per my preference in my account, and had no reason to believe I had a credit balance? I've attached a copy of the activity from my REGULAR paypal account when the purchase was made; this is all that was accessible to me when I went into the account and it is actually more confusing than helpful, although I'm guessing (??) my regular account was used as "placeholder" until a credit authorization was issued? Finally, I've been wading through e-mails as well; I found one dated May 2014 noting "unusual activity" on my account. However, I didn't use my regular account at all since before that; and when I did, there were no flags or requests for me to contact them. Any thoughts or guidance would be helpful; when I explained this (that I made a purchase using my BALANCE) to the Paypal representative, then the collector, nobody seemed interested in the facts, just that they decided (FOR me) that they would initiate a credit transaction that I never knew about (I have now updated all the contact information in my account). Thanks.
  3. Hi Jeremy, yes the communication IS confusing and it wasn't until I started trying to figure out "what" was going on and "why", that I started seeing that so many other people are having exactly, or very nearly what I'm going through, happen to them, too. When I first called in 2013, I was dealing with "Sallie Mae". I explained the situation and was basically told that they'd suspend my payments for a time; I was not given any information about the various plans and I was dealing with an (intentional) foreclosure by my ex-husband (to defeat the divorce decree for his divorce), my father was dying and the attorney who was supposed to be paid when the house sold was suing me to get the order for payment made against me personally. Not to mention my car breaking down and catching fire all the time ... so I really didn't have the luxury to go looking for lots of information. I trusted that what I was told was "good to go"; at least I DO have the letter from Navient (now) acknowledging that I contacted them in 2015 and in regard to payment. That a forbearance was granted, giving me 60 days to get the IBR to them. I wish I'd known it can be filled out on-line and the info on recertifying it every year. The letter doesn't (and I can't really tell by going back into the emails) say WHY I am in default. But at this moment, it's REALLY aggravating that I DON'T have the "60 day period" to get into compliance. I think I will just download the form and send it to ALL of them if necessary, with written explanation. I'm already a month behind in my rent because of the money taken out with no notice. I'm also going to follow up with the senator's office, because THERE IS NO EXPLANATION as to the 60 day notice. In my case, seems that since my payment obligation under IBR = $0 (and actually has been since the program began; though I was paying) and THEY sent the notice to the wrong address (they have an office in Indiana, which means as a debt collector, they can easily get my current address, though I gave it to them, from BMV). I plan to follow up with complaints ... and yes, keep ALL copies and notes, etc. If I find out anything useful, I'll be sure to post it here, too!
  4. Hi; sorry. The "basis" was my not showing up for court when I had an official court document stating I was to be there at 11:00 am; but the attorney told me (and the paper I had from the second "hearing" showed) 1:00pm. I called the court, then called the attorney's office. I wasn't willing to make a 50 mile trip (one-way) since there was no way I could make it by the time the official court record had the matter docketed for. I also sent in ALL the requested paperwork (to the attorney's office) via e-mail the same day. As it turns out, Indiana is a HORRIBLE state, in terms of making legal INFORMATION accessible to those who live here (despite a constitutional "guarantee" of open court "without fee", etc). I had to do so much research because I WENT to court, as scheduled, and again (being told - or threatened - that I could "tell (my) sob story to the judge". When I went the second time, I was not scheduled to appear before the judge. The proceedings supplemental are held in the courthouse, but there is no audio/video recording of what occurs and no witnesses, other than the parties. I ended up having to go in about four more times; another time, I was again told "next time" the judge "could decide" if I was exempt (!!). When I showed up, I was again NOT scheduled to appear in front of the judge. The next time after that, the attorney was a "no-show" (granted a continuance a few days before; I received no notice). I missed the next "hearing" and had finally worked out a three page motion to dismiss the matter, citing the pertinent cases and portion, but had no way to file it timely. A bench warrant was issued at that point ... this matter, that should have been marked "held and concluded" on the very first meeting, was dragged out for over a year ... and the issuance of the warrant came with a "bond" that was the amount of the judgment (which was to be paid upon LEGITIMATE sale of the marital property, which I had no control over) levied against me when the marital property was in foreclosure. Had I BEEN jailed, there was no way I could have paid to get out. I also would have been in real danger of having my Social Security disability payments cut off, etc) One of the cases I cited is given a good explanation at this link : http://commercialforeclosureblog.typepad.com/indiana_commercial_forecl/2012/02/contempt-powers-unavailable-to-enforce-payment-of-a-civil-judgment-in-indiana.html . Although it could be argued I was being cited for not showing up, I had noted on very paper I was forced to sign at the end of each meeting that the continuances were NOT by "mutual agreement of parties" (as attorney was stating) and that I was exempt and NOT willing to make a payment arrangement. The Deidre Carter v Grace Whitney Properties states also that a debtor (exempt) cannot be forced to attend "ongoing proceedings supplemental hearings and be reexamined continuously as to whether the debtor has acquired any new assets or income” ... any future proceedings supplemental against the defendant “must be supported by new facts justifying a new order or examination.” I did happen to come across some information about the actual case; when Deidre Carter (exempt debtor) showed up, the court ordered her to pay or be jailed (an unlawful order). Fortunately, a woman in the room paid $100 on Carter's behalf. In this case, I KNOW the attorney was misusing law and court processes to harass and even frighten me. Having "represented" me, the attorney KNEW I have PTSD and of course, the tactics used did not help matters. I'm posting the cases that helped me understand some of my rights as an exempt debtor; the cases might be useful to someone else. In Indiana, I have learned that cases from other states, even "unpublished", can be cited in one's own case. So these "published" cases may benefit others, depending what the rules are there. From reading them and some supplemental reading, I was aware I was being "screwed with" when I was in the situation but that knowledge didn't give me the tools to "address" it (make it stop). I was able to finally find pro bono assistance; the bench warrant was "quashed" and I now know I can file a written answer if the matter comes up again, BEFORE making any appearance. I ran across my post when I visited here for the first time in a long while and apologize for not answering promptly; thought it might be helpful to update and post the cases as my reading and speaking with others leads me to understand that creditors often enough use improper methods to try to force or coerce payment; in this matter, I feel no guilt, because the attorney refused to get the decree clarified or modified and withdrew when I insisted. In fact, I wanted to be OUT of there back in early 2011 ... when I still had two jobs, an operable car, some money in the bank and excellent credit. Instead, I was thrown out Labor Day weekend 2014, when my ex-husband defeated the divorce decree by letting the house intentionally go through foreclosure ... to be bought by his brother at the subsequent sheriff sale. (all cases can be found at leagle.com) Carter v Grace Whitney Properties Branham v Varble Branham v Varble & Chastain Kirk v Monroe Tire
  5. Hi. I entered repayment on my student loans in 2005; was granted a discount on interest after 36 on time payments and continued to pay on (two) loans. I originally was "serviced" by Sallie Mae; I believe Navient took over sometime in 2014. I went through an unnecessarily prolonged and destructive divorce in which the filing party deliberately trashed my finances, etc. I was having problems making payments in 2013 and contacted Sallie Mae. Funny thing was is that I wasn't given info (then) about IBR. I just went through my loan history and saw that my last payment was in November 2013. I contacted Navient in late 2014 (I was left homeless by a court for several months) and again in 2015. They sent me a form for IBR at that time, although I wasn't given much information. In general, I am good with information and finances, but am still trying to cope with a lot of legal/financial issues from the divorce. Long story short, I was defaulted on the loans and my Social Security Disability began being garnished in February of 2018 with no notice of either the default or the Treasury "offset" (supposed to receive 60 day notice by law). When I went to the Social Security office, they printed out a notice that shows: We applied your payment to debt that you owe to the following agency: U.S. Department of Education C/O Navient (address) 800-331-2314 I called the number listed and was told I needed to call another number, which was the New Jersey Department of Aging or some such thing, so I called the first number back and explained I was trying to contact the "collection agency" I was referred to .... I was told they would do a "warm transfer" then someone came on the line and told me I had to sign up for rehab ... or basically, this will go on the rest of my life. I tried to explain that I (thought I) was in IBR, but regardless, I had NEVER received prior notice of either the default OR the offset; the notice I got from Social Security showed an address I hadn't lived at since 2002 and I had updated my contact information with them with the current address; I have always kept that information updated with creditors. I've been contending with things like unlawful bank seizures and a former attorney who put me through hoops for about a year, then had an unlawful bench warrant issued against me for my (lawful) refusal to make a "payment arrangement" (I am exempt and had provided all necessary info at the first "hearing"). I also received some calls from another place identifying as "Valentine and Kebartas" who say they collect for Navient. However, I'm not sure WHY they have been calling. The offset has been suspended temporarily as I am (and have been) disabled and may qualify for discharge through the Total and Permanent Disability (but that isn't what I want to do). Apparently, Navient still "owns" my loans, but they were "paid" by USA Funds ... and I can't access any of the actual documents under my Navient account, even the ones previously e-mailed to me as they have disappeared now, too. The number I first called and it's "in-house" collection agency seem to be the ones I MUST DEAL WITH and they keep claiming that I HAVE TO rehabilitate the loan ... and ignoring the fact that I should have been able to bring it into good standing after receiving notice (that I didn't receive). I don't know if they don't have the original IBR papers or if they do or whether this was do to recertification. I started looking on the internet, which is where I found that I was (by Federal law) supposed to receive notice 60 days before any offset took place. I don't have any money, even to make $5 payments and it's a week before I get paid again. I have PTSD and actually received the loans while participating in a Vocational Rehabilitation program. I had actually gone back to work and had anticipated doing so again once I found a place to live again after being thrown out by a court ... but shortly after, the bank seizures for "regular" judgments started and it took me months to figure out how to make that stop, etc. The letter I just received from Navient states that I need to contact USA Funds at 800-354-6980. This letter was also sent to Senator's office, where I went for assistance. This is the first contact information I have received FOR USA Funds ... and if I "need to work directly with USA Funds to remove the default/garnishment", WHY is July 2018 the first time I get this information ... and WHY have I been contacted by other collectors, etc? It makes me feel extremely uncomfortable, too, that all of the calls I get from other unknowns, are from people who seem to have all of my information (birth date, Social Security number, address, telephone number) but I have no way to know if they are legitimate. The worst part of this whole thing is that, under IBR, I have never been required to make a monthly payment, but even after that option became available, I was still paying my loan, on time, every month, for four years. It boils down to their not having a piece of paper and THAT gives them the right to destroy my life further; I DID NOT receive a legally required piece of paper ... but I have no right of remedy, apparently, other than do do whatever I'm told.
  6. Hi, I'm pretty new here but have been reading through info and threads as well as researching elsewhere. Attorney hired to represent me in divorce issued a proceedings supplemental against me in July 2015. I had to do a LOT of research to determine that I have no non-exempt assets or income. I attended the "hearing" as scheduled and informed the attorney that I was not and had not been employed (since 2013), that my only income is SSDI; I have a car worth between $1,600 and $3,000 and some personal belongings. The attorney refused to accept my "exempt" status and tried to browbeat me into a "payment agreement". I refused and was told I can come back to court and "tell the judge your sob story". I was further informed that I would not be "let go" without a (minimum) $50/month payment, ordered by the judge. I refused to sign the continuation form "as is" as it stated it was by "mutual agreement". I added some of what the attorney had threatened me with, but was so upset I didn't think to write down that I am "exempt". I showed up for the second time, where I learned I WAS NOT scheduled to be seen IN the court; the outcome being that I now needed to provide three months worth of bank statements and information on my car title. Before leaving, I checked with the clerk as to whether there is a form on which to "claim exemptions"; I recently learned this is considered an "affirmative defense". Today, I received a "pro supp citation/rule to show cause" why "he (sic) should not be attached and punished for contempt of this Court". I am planning to file a "motion to dismiss"; as I am totally exempt at the moment, there appears to be no (valid) claim upon which relief may be granted to plaintiff and that I have complied with TR69e governing proceedings supplemental. I will also raise the affirmative defense of exemption within the filing. While doing all the research about the proceedings supplemental, I started wondering whether the attorney "properly" received this (default) judgment against me. Originally, the attorney was supposed to be paid from proceeds when real estate (marital estate and order for payment contained in decree) was sold. Attorney withdrew when I insisted the decree needed clarification or modification as it was very vague and silent; I had no control over the sales process, etc. Ex let it go through foreclosure, after which it was purchased by his brother at sheriff sale. I was forced to try to deal with numerous legal situations without representation or success; it seems the attorney's refusal to address gaping holes in the decree is more the cause for not getting paid than anything I had control over, especially by that time. In fact, I'm wondering whether I might have a counter-claim (I lost an equalization payment due me as well as most of my personal property and two pet cats) but I think I need to do more research before challenging anything. Is it a good idea to cite the cases/code/rules used for foundation within my filing? Particularly where the cases are from the appellate/Supreme courts? My experience to date is that pro se parties are often "silenced" in court for procedural faux pas; despite this taking place under Small Claims (informal) rules, I was not allowed to speak when I was evicted due to the fraud of ex/his brother to circumvent the divorce orders and I can see the same might happen again; I don't want to go to jail having done nothing wrong. Any guidance is appreciated.