BackFromTheDebt

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BackFromTheDebt last won the day on November 23

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  1. I wonder if with COVID more stale cases are staying around. Usually the judge will either clear out the stale cases at some point, or else send a notice that s/he will dismiss the case if nobody objects.
  2. You won’t be able to settle this now. Here are the cold, hard facts. There is good news and bad news. First, the bad news. They have zero incentive to settle right now. Their only incentive to settle would be if you had some way to pay the settlement. You don’t. Their best bet is to get a judgment against you, let the interest charges rack up against you until you are back on your feet, then garnish wages that will really hurt until paid off. And the garnishments will happen when you need money the most to get back on your feet. The good news: there m
  3. There are a certain number of judges, magistrates and JPs who essentially do whatever they feel like doing regardless of the law.
  4. That is two questions. 1. Different courts have different rules, and the rules are different in the Age of Covid. Check with your court to find out their rules. They may or may not allow you to mail in your brief. 2. Whenever you file anything with a court, you must mail the same to the opposing attorney the same day. I would strongly recommend CMRRR. The ONLY time I didn't mail CMRRR, the opposing attorney claimed they never got it, and it caused immense issues for me.
  5. It depends. In some states, what seems to be the equivalent of small claims court isn't, and in other states it is. I am just trying to keep this thread alive to see if @texasrocker or any of the other Texas experts know if the JP courts in Texas are considered small claims.
  6. I work in banking now, and it is common practice to discard certain personal data after 7 years. OTOH, PNC may or may not have the info in a different database that goes back further, but that database might have the data wiped out, or it might not exist, or they might not know where it is. Finding the data would be difficult, if not impossible. That being said, you have several things that can help you: 1. Records from PNC within the past 7 years. For example, if you paid the initial amount over a period of > 3 years, PNC may have records of your payments from November 2013
  7. I am sorry for your loss. I know from personal experience that times of stress and sorrow can cause one to ignore important things. And the consequences can be bad. Please set aside some time for this. Think of this as something where you can be victorious. Maybe that can get you into the right mood.
  8. I did most, but not all, negotiating by emails. Sometimes phone or snail mail. Email is almost as fast as phones, and preserves a paper trail. Less misunderstanding that way.
  9. A few things: 1. Did BOA dismiss WITH prejudice, as you stated? If so, the debt is dead. Finished. Over. If they dismissed withOUT prejudice, they can file again, and possibly will. 2. DV letters never hurt, and sometimes help. In the old days they used to help a lot more. For example, once an OC refused to validate, since they were the OC and didn't have to validate, but it never occurred to them that their CAs couldn't collect if they never validated. That debt eventually died off. I had another bank for which I had two large accounts. They would contract a CA, the CA wou
  10. It is POSSIBLE that if there are two different amounts, there is a violation. If you owe $100 and they sue for $75, that in and of itself is not a violation. If they send you conflicting statements on what you owe -- some saying you owe $100 and others saying you owe $75, that could possibly be a violation. One way to find out -- include the FDCPA violation as part of your claim, and see if it flies. I have sometimes put in some possible FDCPA violations in my claims for arbitration as a bargaining tool, and have had that work.
  11. This seems to be different from what you were saying above. If you owe $100 and they sue for $150, that is a violation. If you owe $100 and they sue for $74, that is not a violation. That is strange, but not a violation. From your two posts, it is not clear which is the situation.
  12. I may be missing something, but I haven't seen an actual FDCPA violation here. Suing for less than the amount owed isn't an FDCPA violation, as far as I can tell. That being said, if you offered a mutual dismissal, and they countered with you paying them, you appear to be at an impass. The most likely things that can happen are: 1. They never pay the fees, the case is dismissed from arbitration. You win. 2. They pay the arbitration fees, and continue with the case. Before the hearing is scheduled, they will get a bill. You make your offer to them again. They accept,
  13. The initial written communication (snail mail or email) must be sent within 5 days of the first call. Was the letter you received sent to your correct address?