BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. Well, courts have closed for the day in Ohio. I just hope the OP got SOMETHING in today. If not, I would hope the OP gets everything into JAMS electronically by the end of the day, so as to be able to provide proof to the judge at a later time.
  2. For JAMS, yes. I was suggesting what the OP might want to prove to the judge that the stuff was mailed to the opposing party. A CMRRR would be fantastic, if there is enough time. It not, an affidavit is something that could be gotten to the courthouse TODAY
  3. Probably. But if you pay it off even SOONER, it does more. For example, I have a card where the close date is the 15th of each month, and the due date is the 10th of the next month. They look at utilization. If you pay the minimum, your utilization for that card will be pretty high. If you pay the entire thing when it is due ( ALWAYS a good idea when you can afford to do so), usually your utilization is lower. Suppose you pay it the day before they close. In my example, it would be paying it off on the 14th when the close date for the month is the 15th. In that case, the amount you paid does NOT count as part of your utilization. If you paid off everything, your utilization for that card would be about 0%. I'm not saying this is what you are in a position to do, but these are some of the tricks people use when they are trying to get their credit score up quickly, for example applying for a mortgage. SOME utilization showing up is good, but generally the lower the better.
  4. ^^^^^ This. In some cases, copies of the documents and a notarized statement that you mailed the documents is sufficient. I used to stop by a bank close to the courthouse to get the stuff notarized. Takes a few minutes.
  5. Please edit your post. You realize you have just posted some personal information that shouldn't be on line?
  6. You don't need to convince us. We are not judges in your case. I honestly hope it is not too late for you. If there is some compelling reason why you haven't been able to do this, talk to the judge about it. Not us. You can sometimes file electronically. Check out that option. Make sure anything you have is faxed and emailed to the other side, and filed in person with court tomorrow morning. At this point, any delay means you are giving up.
  7. A charge-off is just an accounting thing. It has no effect on the validity of the debt. Just about all of us here have been sued AFTER a charge-off. In fact, they almost never sue before a charge-off. Check the arbitration threads to see what applies to your situation. I can't see any other way you could possibly win this one.
  8. I mentioned in another thread recently: Find out your net worth: gross assets - gross liabilities. ANY debt is a liability, whether you borrowed from your parents or for a bank mortgage. Figure out your net worth BEFORE this debt was discharged. I will assume $2000. If your net worth was < 0, AFTER the discharge, you are involvent, you don't owe taxes, but you will have to show that to the IRS. I listed all my debts and liabilities, to show I was insolvent. Suppose you were under water by $3000, then $2000 was discharged, now you are underwater by $1000 still, you don't pay the taxes. If your net worth was > 0 BEFORE the discharge, you were solvent, you pay the taxes. Suppose your net worth was $1000, with the discharge your net worth is now $3000, you owe the taxes on the entire $2000. It gets tricky if you were insolvent before the discharge, but solvent afterwards. Suppose you were under water by $1000. The $2000 debt is discharged, now your net worth is $1000. You pay taxes only on the $1000, NOT on the entire amount.
  9. They feed on fear. Don't let them see fear. Let them see the arbitration filing. They will walk away when they figure out they can't bully you.
  10. That appears to be the meaning. So unless this gets settled between the time of filing and when you pay, you will have to pay the fees.
  11. Exactly. If a relative stole your father's identity, opened up a credit card, made purchases and refused to pay, that is effectively stealing from your father as well as stealing from the credit card company. That means that person put you and your father in an extremely bad position of being in hock for the debt, and also being sued at a time when neither your father nor you can deal with the lawsuit. If you ignore it, and do nothing, you have effectively been an accomplice after the fact to the crimes against both your father and the credit card company. I am talking about the moral aspect, not the legal aspect. I am not an attorney nor do I play one on TV. Even if your father is judgment proof, there are still the issues of the time and energy it is taking your family to deal with this, as well as any potential bad things that can happen. If there is anything you or your mother could possibly inherit, it could be lost. Do you really believe that covering up for a criminal will help things at all? It will just enable this person to do the same thing, over and over again. I don't know why. I don't know if it is a drug habit, or this person simply wants to live beyond his/her means at your expense, or whatever. Look, you don't know who did this. It might be a relative, it might be a health care worker who works or worked with your father, it could be someone out on the street who preys on feeble old people. Very likely the police will never know either. If you have power of attorney for your father, it is your moral and legal obligation to do whatever you can to protect his interests. Sorry to be blunt, but if someone stole your father's identity and you fail to report it to the police, you violating your legal and moral obligations to your father.
  12. @Clydesmom is correct. When someone stole my car, I filed a police report even though I didn't know who stole it. It was essential for dealing with insurance. I also found out that particular neighborhood had a strong Mafia presence -- not that surprising for an Italian neighborhood. A number of years ago, I found out that some female with a Hispanic name in Chicago had been using my SS # to open bank accounts and write bad checks. I filed the proper police report and notified the proper credit agencies. I have no idea who it was, but that gave me a lot of protection. However, every time I opened a bank account since then, I have had to explain that I am not female, not Hispanic, and never lived in Chicago, and that I really did file a police report. That police report was essential for my future banking needs. Your chances of winning this case are orders of magnitude higher if you file a police report. At this point you don't know who did it, and you probably never will. At this point you don't know how many cards were opened, and you may never know. Give the police the information you can. If you find out more later, file another report or amend an existing report. Let's put it this way -- if you file the report(s) and notify the credit agencies, you give your father a certain level of protection. If you don't, you are leaving him vulnerable to this lawsuit and many others. If you call up the attorney and ask him to drop the case, he will immediately ask about the police report. If you have a police report, he may drop the case. If it goes to trial, the judge will ask for a copy of the police report. If you don't have one, expect a judgment against your father. And if more cards were opened, expect more judgments.
  13. Actually, even if you were insolvent, you may have to pay taxes if the debt forgiveness made you solvent. Example 1: You are $1500 underwater, and you get a 1099-C for $1000. At that point you are now $500 underwater, still insolvent, don't pay taxes on it. Example 2: You are $500 underwater, you get a 1099-C for $1000. At that point you went from being $500 underwater to solvent by $500. You have to pay taxes ONLY on the $500, NOT on the entire $1000. Example 3: You are solvent. You get a 1099-C for $1000. You have to pay taxes on the entire $1000.
  14. For #9 I would include a copy of the police report. @Clydesmom has a point -- check to see if your mother used the card. If not, file a police report ASAP.
  15. If you respond to the rogs for you father, state your name and fill them out as you writing for him with power of attorney. When you file the police report, you have to use the information you have. If that is inadequate, so be it. Did the documentation at least show who the OC is? That would certainly be helpful. If they can't show the OC, what kind of case is this anyway? At least try to get the OC from the other side. File a police report, and amend it later when you have the OC. It couldn't hurt to ask for more information with your own interrogatories. You can demand whatever evidence they have. That is what they are doing to you. Looking at their rogs, they are asking for any evidence you intend to present. That would be the police report that the account is fraudulent. You can put down that your father had no known contacts with the OC.
  16. I would file a police report NOW. You don't know if there are any other fraudulent debts out there. As soon as you file the police report, contact the attorney, mention the situation, and that a police report has been filed. They may demand some medical records before agreeing to drop the case, and they may want the police report number, or even a copy of the police report. At this point you are not treating the opposing lawyer as an enemy. That only happens if they don't drop the case. Again, if there is a trial, either your father or an attorney will have to represent him. I have absolutely NO idea if someone to whom your father assigned power of attorney, but who is not a lawyer, would be able to represent him or not. If so, and if he has assigned this power to you, you would bring in medical records along with a copy of the police report to the trial.
  17. I'm confused. Do you mean you filed with AAA and submitted a MTC to the court?
  18. OK, you have a homework assignment to do. Get a copy of the Barclays credit card agreement. The one I had was very old and was tossed long ago. You need to see if they have an arbitration agreement, and what it says about small claims court. Maybe someone else will chime in. IF there is an arbitration agreement, and IF there is NO small claims exemption, then you can use the arbitration strategy, but you need to get to work on it ASAP. Otherwise, your only hope is to negotiate a settlement before the court date.
  19. You are off on the wrong track. Nobody cares how much they paid for the debt. First things first -- who is the original creditor? You need to get a copy of the card agreement. You can find them online at CFPB. If you fight them in court, you will probably lose. If there is an arbitration agreement in the credit card agreement, you may be able to take them to arbitration. Unless there is a small claims exemption, then you can't. If there is no arbitration agreement, you will need to fight this in court, but you will lose. Your goal in that case should be to try to get as good a settlement as possible BEFORE there is a judgment against you.
  20. Unfortunately, sometimes the choices are either a crappy employer or NO employer. I've been in the dilemma myself, and it is no fun. However, millions of Americans are in that position.
  21. To expand on @Clydesmom there are no guarantees that any particular strategy will work. To put it simply, unless you declare BK, you are going to lose this case. You can lose in court, you can lose in arbitration, or you can settle. Those are your choices. The ONLY reason you should go into arbitration is to try to buy some time for a better settlement, and that sometimes doesn't work. I was one of the very rare people who beat Discover in arbitration, but that was because the law firm that had handled their case before arbitration really blew things, and my situation is completely different from yours. Mine was one of the first cases they arbitrated, and they had no idea what they were doing. Now they do. My advice would be to see if you can agree on a settlement. If not, if you take them to arbitration, you MIGHT be able to get them to settle. For example, they will often settle between the time they get their final bill for the hearing, and when they pay that bill. And they are more likely to settle if they think you know what you are doing.
  22. By preemptive arbitration, I meant filing a case in arbitration before the suit. NOT a preemptive demand for arbitration. True, you can't stop someone from suing. Preemptive arbitration greatly reduces the chances of being sued. I was only sued once after starting a case in JAMS, and that was a mistake on the part of the law firm. They dismissed the case as soon as I pointed out their error, and that greatly increased my negotiating position.
  23. That may or may not be a good idea. Are you within 30 days of the first mail you received from them? If so, send a DV letter if you haven't already. Sometimes this makes them go away, usually not. Also, look at the arbitration agreement carefully. Does it have an exemption for small claims? If not, you can wait. If it does, you need to file in arbitration BEFORE they file in court. There is also the situation where you might not want to have a court case against you on file. For example, I briefly worked in banking. My finances were gone over with a fine-tooth comb. Any case that made it to court was a MUCH bigger issue than cases that went to arbitration but NOT court. There are also a few judges in small claims court who have NO idea what they are doing, and will refuse to allow your MTC. There is the case to be made for preemptive arbitration -- file before they file in court. If any of these situations seems likely, then I would suggest filing in arbitration BEFORE they file in court. It is already in their litigation department. You may or may not get a warning from an actual attorney before they file.
  24. All of this is interesting speculation. However, a scam is a scam, whatever kind of scam it is. Best to avoid it.