Casper

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Everything posted by Casper

  1. Yup, I may contact them and try to settle if I get served, especially since I will be making much more money soon. I suppose I could waive service and file and answer, then hire a lawyer to show up at the hearing in November, since I will be able to afford one then. I'll call the courthouse and ask if I can appear by phone - good idea. I may also go by there and get a copy of the complaint so I can see who and for how much. Javitch Block is the law firm.
  2. I keep an eye on my county's court website here in TN since I know a few JDB's are after me. One got filed against me by Portfolio yesterday, with a hearing date of 11/02, but I'm moving to Texas at the end of August. (got a much better paying job) There is no info on who the OC is or the amount. Right now I can't afford a lawyer, but with my new job I might be able to come November when the first hearing is. It seems to take a while for process servers to get to people where I live in rural TN, so I may be gone by the time they try to serve me, but I won't count on that. I always fight JDB's and make them prove their case and will use arbitration if that is an option, but I won't be here for the hearing date, even if I file an answer before I move, so I'm not sure what to do.
  3. OK, thanks. That makes sense, especially if the defendant didn't try to defend themselves or at least fill out the Sworn Denial form.
  4. I don't know anything about the case, either, which is why I asked if you guys could guess how they got the judgement before the re-scheduled hearing.
  5. Sorry to be unclear. this isn't my case, but Discover is after me, so that's what i was wondering. you think the bad guy attorneys filed for a MSJ in the mean time? makes sense if the defendant didn't do much.
  6. Help me understand what is going on here. They had a continuance until March 27th, but a judgement was entered on March 4th. Mar 04 2020 - 1:25 PM Case Status Change: Disposed Mar 04 2020 - 1:24 PM Judgment Entered: For Plaintiff DISCOVER BANK for $5,428.13 against Defendant xxxxxx xxxxx $5,177.63 Judgment, $0.00 Interest, $250.50 Prepaid Costs, and $0.00 Unpaid Court Costs judgment Amount of $5,428.13 plus post judgment interest at 6.75% rate Jan 24 2020 - 12:19 PM DISCOVER BANK - Civil Hearing held 1/24/2020 9:00 AM - Continuance Hearing continued to 3/27/2020 9:00 AM. Jan 24 2020 - 12:19 PM xxxxxxx - Civil Hearing held 1/24/2020 9:00 AM - Continuance Hearing continued to 3/27/2020 9:00 AM. Dec 26 2019 - 12:06 PM ANSWER FILED BY ATTY xxxxx FOR DEF. Dec 26 2019 - 11:53 AM Hearing Entered: Civil Hearing scheduled for DISCOVER BANK, xxxxx on 1/24/2020 9:00 AM; Judge Toby Gilley Dec 20 2019 - 11:52 AM Served per Whit Davis Dec 16 2019 - 3:01 PM Civil Warrant Issued on xxxxxs 12/16/2019 Dec 16 2019 - 3:01 PM Filing Entered: Civil Warrant - 1 deft - Filed For DISCOVER BANK - Filed Against xxxxxxx Dec 16 2019 - 2:59 PM Civil Case Created
  7. I'm not really going to, I was just curious. I research JDB's and OC's who may sue me eventually on my county's court website, and a lot of the times, if the suit is never served because the Defendant is "not to be found," either the attorney dismisses the case without prejudice, or it just sits in limbo. I have a three like that from where they tried to serve me at my old address in a different county.
  8. WOW. I had no clue they could mail it. Thank you.
  9. What happens if you just don't answer the door in a State where personal service is required? (I'm in TN.) What if they use alias service and the Sheriff tries to serve it and you still don't open the door? I saw one case on the county courts website where the county Sheriff noted that the defendant was evading service, but then there wasn't anything more. What could happen to that case when the Sheriff basically testifies that you are evading service?
  10. BK = bankruptcy, which is a last resort, but is sometimes a necessary evil, especially when dealing with Original Creditors who can always prove their case. make sure you have the right court website, which is usually by county for for debt cases.
  11. I actually dealt with them in 2006 when I lived ion SoCal. They are so abusive and disrespectful that they are lucky people don't start shooting at them. That was my first use of Guerrilla tactics and I defended myself and filed a counter suit and filed a bunch of motions to bury them in paperwork, and they switched to a different attorney, who settled amicable with me. I also motioned to strike the CC statements they filed as fraudulent to put them on the defensive, but I settled with the new attorney before the hearing for what I legitimately owed, rather than the inflated number they wanted. Honestly, they usually have a strong case, so I would BK everything if you can.
  12. I just called one court in the neighboring county where I used to live. they are shut down to everyone but the bare minimum criminal cases until April 1st so far.
  13. Well that makes sense. I read one article of people having their paychecks deposited on a refillable card that isn;t technically a checking account. like a green dot card.
  14. Looking at cases online, Debt Collectors get default judgments, then somehow know where people bank. I don;t see any entries for a judgment debtors exam. I'm guessing the debtors kept their same bank account from before the account defaulted and the OC narced on them. How else would debt collectors figure out where to levy bank accounts?
  15. I keep an eye on the court docket in the county where I used to live, and now it looks like they are only doing the bare minimum of trials and hearings. No civil cases are scheduled at all. Wonder how long that will last? http://circuitcourtclerk.rutherfordcountytn.gov/docket.htm
  16. Thank you. I thought they were new. Turns out they just have been inactive in middle TN for several years.
  17. I live in Middle TN. I recently moved from Rutherford County to Williamson County, but keep and eye on any cases that may be filed against me in the wrong place. I looked at this Fridays docket and two new outfits I've never heard of have started mass filing there. Gault Financial and Persolve. Not much info about them on the web. I wonder if they are the same old people who organize under a different name every now and then. http://media.rutherfordcountytn.gov/court/dockets/20200313-gscivil-other-docket.pdf
  18. Help me understand what is going on here. This is a case from 2011 for cavalry where they got a default and keep reopening the case for some reason. Do they have to keep doing that to keep garnishing wages? Dec 10 2018 - 9:02 AM GARNISHMENT SERVED TO TENNESSEE VALLEY HEALTHCARE SYSTEM BY DAVIDSON CO ON 11/27/18/TH Nov 14 2018 - 2:07 PM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against Theodore D Chalfant Nov 14 2018 - 2:07 PM Wage Garnishment Issued To TN Valley Healthcare System onxxxxxxxxt 11/14/201 8 Dav bp Spoke With Jeanette At Finkelstein Kern Et Al They Applied Previous Checks T o Both Judgment & Interest / Spoke To Sherri Who Said To Leave Form As Is & Put $776.24 Jdmt Amt In Interest 11-14-18 bp Sep 14 2018 - 10:54 AM GARNISHMENT HAS EXPIRED AND HAS BEEN RELEASED/TH Apr 02 2018 - 12:42 PM REC ANSWER TO COURT DATED 03/23/2018 / AUTHORIZED DEDUCTIONS $305.43 / EMPLOYEE S/S NEEDED WITH CORRESPONDENCE / RK Feb 23 2018 - 3:31 PM GARNISHMENT SERVED TO TENNEESSEE VALLEY HEALTHCARE SYSTEM BY DAVIDSON CO ON 2/16/18/TH Feb 05 2018 - 9:43 AM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against xxxxxxxx Feb 05 2018 - 9:43 AM Wage Garnishment Issued to TN Valley Healthcare System on xxxxxxx 2/5/2018 Dav bp Oct 23 2017 - 3:45 PM Returned check for $180.77 to Tennessee Valley Healthcare System, 1310 24th Ave. South, Nashville, Tn. 37212 as Garnishment has expired, 09/22/17. VH. May 09 2017 - 1:53 PM GARNISHMENT ANSWER FROM DEFENSE FINANCE/ EMPLOYEE IS CURRENTLY IN A NON-PAY STATUS OR THE MAXIMUM PERCENTAGE OF DISPOSABLE INCOME IS BEING REMITTED FOR A GARNISHMENT SERVED PRIOR TO YOUR ORDER. FUNDS WILL BE REMITTED IF THEY BECOME AVAILABLE PRIOR TO THE EXPIRATION OF YOUR ORDER. May 09 2017 - 1:44 PM GARNISHMENT ANSWER FROM DEFENSE FINANCE AND ACCOUNTING SERVICE. THE EMPLOYEE HAS GROSS PAY OF $2139.36 PER PAY PERIOD, AUTHORIZED DEDUCTIONS OF $493.46, AND DISPOSABLE EARNINGS OF $1645.90. DISPOSABLE EARNINGS SUBJECT TO CHANGE. 4-27-2017 Mar 28 2017 - 12:29 PM GARNISHMENT SERVED TO TENNESSEE VALLEY HEALTHCARE SYSTEM BY DAVIDSON CO ON 3/22/17/TH Mar 17 2017 - 12:54 PM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Againstxxxxxxxx Mar 17 2017 - 12:54 PM Wage Garnishment Issued on xxxxxx 3/17/2017 TENNESSEE VALLEY HEALTHCARE SYSTEM 1310 24TH AVENUE SOUTH NASHVILLE, TN 37212 DAVIDSON CTY SHERIFF TO SERVE / RK May 13 2016 - 9:11 AM RCVD GARNISHMENT ANSWER ON 5.12.16" AUTHORIZED DEDUCTIONS OF $155.59" -KC Mar 29 2016 - 10:48 AM Garnishment served to Tennessee Valley Healthcare System on 3-22-16/J.Freeman, Davidson Co./sv Mar 14 2016 - 8:32 AM Wage Garnishment Issued on xxxxxxxt 3/14/2016 Mar 14 2016 - 8:32 AM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against xxxx xxxxxxxt Wage Garnishment to be served to Tennessee Valley Healthcare Systems, 1310 24th Ave. South, Nashville, TN. Davidson County to serve. VH. Apr 22 2015 - 1:27 PM WAGE GARNISHMENT SERVED TO TENNESSEE VALLEY HEALTHCARE SYSTEMS ON 04/14/15, BY DAVIDSON COUNTY, E EBBERT. VH. Apr 07 2015 - 12:03 PM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against xxxxxx Apr 07 2015 - 12:03 PM Wage Garnishment Issued on xxxxxxxx 4/7/2015 GARNISHMENT ISSUED/DAVIDSON CO SHF TO SERVE/KJ Jan 20 2015 - 2:47 PM Sent to Tenn Valley Healthcare Systems, notice that Garnishment in the above styled case should be released. Expired, 12/7/2014. Response, they are asing for social Security number to positively identify individual. Letter dated 1/15/15 VH. Jun 30 2014 - 8:37 AM GARNISHMENT ANSWERED BY DEFENSE FINANCE AND ACCT SERVICE//DEF HAS GROSS PAY OF $1491.20 PER PAY PERIOD, AUTHORIZED DEDUCTIONS OF $279.84 AND DISPOSABLE EARNINGS OF $1211.36--EARNINGS SUBJECT TO CHANGE//6-20-14//PB Jun 11 2014 - 10:45 AM GARNISHMENT SERVED TO TN VALLEY HEALTHCARE SYSTEM//6-2-14//DAVIDSON CO//PB May 22 2014 - 1:14 PM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against xxxxxxxxx May 22 2014 - 1:14 PM Wage Garnishment Issued on Theodore D Chalfant 5/22/2014/Tennessee Valley Healtcare System/DAV CO to serve/lb Feb 05 2014 - 2:02 PM Garn To TN Valley Healthcare System Expired 2-5-14 bp Oct 22 2013 - 2:02 PM Garnishment Answer: Monies to Come 10-16-13 from Defense Finance & Accounting Service/sv Jun 24 2013 - 9:15 AM GARN TO TN VALLEY HEALTHCARE SYSTEMS SERVED 6/17/13/DAVIDSON CO/C PRATER/pw May 29 2013 - 11:43 AM Wage Garnishment Issued on 5/29/2013 May 29 2013 - 11:43 AM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against x xxxxxxGarnishment issued to TN Valley Healthcare System/Davidson Co. to serve/sv Dec 06 2012 - 11:24 AM REC'D LETTER FROM FINKELSTIN, KERN, REGARDING GARNISHMENT/ CALLED AND SPOKE WITH AMANDA --- I FEEL THE AMOUNT OF JUDGMENT IS IN CORRECT/ SHOULD BE PRINCIPAL OF $4605.93 + INTEREST / SHE AGREES BUT WILL NEED TO SPEAK WITH ATTY TO SEND CORRECTION/ SL Oct 09 2012 - 10:00 AM Garn Answ Monies To Come (xxxxxxxt) 10-5-12 bp Aug 30 2012 - 11:04 AM Garn served to TN Valley Healthcare Sys/8/21/12 by Davidson Co/C Prater/pw Jul 31 2012 - 9:31 AM Wage Garnishment Issued on 7/31/2012 Jul 31 2012 - 9:31 AM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against xxx xxx Wage Garnishment to be issued to TN Valley Healthcare Systems onxxx xxxxx/ to be served by Davidson County Sheriff Dept / DKV Nov 02 2011 - 10:27 AM Garn Answ Monies To Come Per Defense Finance & Acct Serv 10-31-11 bp Oct 04 2011 - 3:29 PM ORDER RENEWING JUDGMENT --- IN THE AMOUNT OF $9820.83 WITH CONTINUING POST JUDGMENT INTEREST AT THE RATE OF 10% APR, WITH ALL COURT COSTS TAXED TO THE DEFENDANT / FOR ALL OF WHICH EXECUTION MAY ISSUED IF NECESSARY/ PURSUANT TO T.C.A. SECTION 25-4-101 TO RENEW/ SIGNED BY JUDGE NATIONS ON 9-26-2011/ SL Sep 20 2011 - 10:34 AM LETTER AND ORDER RENEWING JUDGMENT FROM RON CUNNINGHAM, ATTY WITH FINKELSTEIN, KERN, STEINBERT & CUNNINGHAM/ SL Sep 16 2011 - 10:54 AM Filing Entered: Wage Garnishment - Filed For Cavalry Investments - Filed Against xxxxxxxx Sep 16 2011 - 10:54 AM Wage Garnishment Issued on 9/16/2011/Tn Valley Healthcare System 1310 24th Ave S - Nashville - Davidson Co to serve/cf Aug 31 2011 - 9:59 AM Hearing Result: for xxxxxxt - Motion Hearing held 8/29/2011 9:00:00 AM - Motion to Renew Judgment as to xxxxxxxGranted - Order to come//pb Aug 11 2011 - 9:48 AM LETTER TO NOTIFY SENT / SL Aug 02 2011 - 10:17 AM Hearing Entered: Motion Hearing scheduled forxxxxxx on 8/29/2011 9:00:00 AM; Alfred Nations Aug 02 2011 - 10:11 AM Filing Entered: Motion Entered - Filed For Cavalry Investments - Filed Against xx xxxx PRE SET FOR 8-29-2011 @ 9/ ATTY NOTIFIED DEF OF HEARING/ SL Aug 02 2011 - 10:10 AM Case Status Changed: Reopened Feb 01 2010 - 1:49 PM Bank Levy Answ No Accts Found At Bank Of America 1-28-10 bp Jan 21 2010 - 2:25 PM Levy on Bank Served to Bank Of America on 1/19/2010/Reece, Williamson Co/sv Jan 13 2010 - 10:40 AM Filing Entered: Levy on Bank - Filed For Cavalry Investments - Filed Against xxxxxx Jan 13 2010 - 10:40 AM Levy on Bank of America Issued on 1/13/2010/wmson co to serve/cf
  19. Look at this old case law article I came across for TN. It says the basic way JDB's do things is, in itself, a violation and you could countersue. https://www.ballardspahr.com/alertspublications/legalalerts/2012-02-01_tennessee_federal_court_allows_fdcpa_claims_based_on_documentation_challenge The debtor alleged the debt collector had falsely represented the character, amount, or legal status of the debt in violation of the FDCPA in two ways: (1) as a result of its intentional business decision not to obtain a copy of the written contract or other documentation evidencing the debt prior to filing the state court action, and (2) by submitting an affidavit in support of the action executed by an individual who had no personal knowledge of the statements made in the affidavit, did not review any records of the card issuer, and did not make any other efforts to determine if the debtor actually owed the amounts claimed. The debtor also alleged that the debt collector routinely used “virtually identical form affidavits alleging facts not in [its] possession due to lack of proper information” and, by engaging in a pattern or practice of filing lawsuits using false affidavits, had violated the FDCPA through the use of “unfair or unconscionable means” in attempting to collect a debt.
  20. I'll update the thread as soon as I get the summons. I want to chapter 7 everything, but the personal property exemption in TN is $10K, and my truck is worth $13K. I paid it off recently with an inheritance i got. Iw ould have gone chapter 7 last year if it wasn't for the inheritance. My BK lawyer said I would basically be forced into a Chapter 13, which I'd rather not do.
  21. I got this e-mail from Discover: This is a reminder that we are prepared to refer your account to an attorney to bring a lawsuit against you to collect the entire balance on the above referenced Discover Card account if payment arrangements are not made by 8:00pm Eastern time on 02/29/2020. It is imperative that you contact us today to resolve this issue. The transactions making up your account balance have been sent to you in your monthly statements. If you have already made payment arrangements, please disregard this notice. Hours: Monday-Friday 8:00 am to 9:00 pm, and Saturday 8:00 am to 12:00 pm Eastern time or at Cardmembersupport.com . We’re here to help. So how do you defend an original creditor suit? $13K From my county court records, it looks like either Zwicker or Nathan & Nathan will get the case. (Tennessee) How would you go about getting any affidavit or CC statements stricken? I already have a BK attorney I've met with a couple of times, so it looks like I will have to end up going that route.
  22. OK. Thanks. I will let him know all that.
  23. One of my best guys I work with turned in his resignation because he got that AWG letter, so his plan is to just keep job hopping. I'm trying to convince him to stay and work something out, but his 60K in student loans keeps going way up. We don't make much, so I told him he could do that income based repayment until he starts to make more, but he is pretty jaded and defiant. He says that it takes 9 months to officially default, so his brilliant plan was sending in a small payment every 8 months, but that obviously didn't work. How long can he stay at his new job before they track him down again?
  24. Thanks guys. I watch the court websites like a hawk.
  25. I had three lawsuits from JDB's filed against me last year in TN, but was never able to be served. I was living with my brother at the time and we never answer the door for anyone unless we know them. Too many salesmen and boy scouts and charities, etc. We also weren't home a lot from working so much. The county's court website says 'Not served, NTBF ' on all three (not to be found.) One had an alias summons and the Sheriff showed up, but I had moved out by then and my brother told him I didn't live there anymore, so it says "alias not served, no longer at this address" One lawyer filed for non-suit, but the other two are in limbo, and I am wondering what they will do next. I moved from one county to another, and they haven't filed anything here yet on this county's court website. I haven't gotten new registration or license with this address on it yet, but I did file a change of address form with the USPS. I keep my eye on both county court websites and there hasn't been a change in a while.