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profworm

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  1. No, they have not offered settlement terms at all. They're likely next on my list to settle with as I feel they're likely to take me to court for the alleged debt. If I can beat them instead, either with a lawsuit, a defense when(if) they sue me, or with a mutual walk-away because of their FDCPA violations, I'd rather do that of course.
  2. Here's another question on this: If I enter a settlement agreement, can I then sue them for FDCPA, or is there typically a clause in the agreement that prevents me from doing so?
  3. Yes- TCPA looks like it will not apply for me. I am looking for the best way to defend myself.
  4. A new update: They sent the letter with the 30 day rights thing to the correct address, a full month after the first call, and it's been well over 5 days since the latest call. I think it's important to note that my address is available in my credit report, if it is a legitimate account that this debt buyer has purchased, the creditor has the address they should have used. So we have phone calls made before 7am more than 5 days prior to my getting their notice, while I'm telling them during the calls that they are calling too early for my address and their calling again anyway. I think I send the validation notice along with a stop calling me via registered mail and save these tidbits for an affirmative defense or launch a lawsuit before the 1 year limit is up. They clearly see me paying settlements so my blood is already in the water. If I can negotiate a mutual walk-away that would be most ideal.
  5. Also, what about TCPA? This is a cell phone they're calling.
  6. Yes, correct address, but no 30 day notice- it doesn't read like that kind of letter. EDIT: The letter is missing my apartment number! It's a miracle this was in my mailbox. Synchrony had my address and sent me mail the same month with my proper apartment number. It seems like maybe they didn't get the details they needed when they purchased the alleged debt. This could mean they did send the other kind of letter with the 30 day thing but it could have never reached me.
  7. No, it did not have the 30 day notice. Early October: Synchrony bank sent me a notice it had sold the account to Portfolio. That notice came to the correct address. Late October: Portfolio then sends me a notice that invites me to use their website, has an amount owed, OC listed, but no 30 day notice anywhere on this. I received the Portfolio letter around 5 days after the first phone call, although it is dated more than 5 days prior to the first phone call. So I have a bunch of 6am phone calls and no letter with 30 day notice. Perhaps they sent the 30 day letter to the wrong address.
  8. Ok, I plan to send a letter, but does it not show that they know where I live, that I have received mail from them at my address? Is it not the JDB's responsibility to know what the OC knew, which was where my address is? I'm anticipating a lawsuit from them anyway, so a mutual walk-away would indeed be the best possible outcome. EDIT: just looked at their letter. Usually the letter tells me I have the right under such and such act to demand documentation .. the 30 day "unless you ask for verification" thing. This letter doesn't have it. They've never sent me that initial letter. This one reads more like a billing statement and has no statement of rights on it. I wonder if they sent one to the other area code. I haven't lived there in 5 years, and the account in question went late just a year ago. It seems like a pretty good defense to say they don't know enough about the account to have the standing to collect on it. OC had my proper address and regularly sent statements.
  9. It's within the SOL. A few thousand. Inexplicably, they called *again* the next morning at 6am, and argued that they didn't know. Again. So I have 5 calls now.
  10. oh look at that: https://www.paulmankin.com/creditors-and-debt-collectors-are-not-allowed-to-call-you-before-8-00-a-m-or-after-9-00-p-m I wonder if I should pursue them right now for a monetary settlement?
  11. Hi there all, I have Portfolio Recovery (as purchaser of debt) coming after me for an alleged debt, about a year after default. I think they noticed my having settled another debt so my blood is in the water. Anyway, my cell phone is in a different time zone and they keep calling it around 6am-7am.. about 4 times now. They have sent me their initial notice that they acquired the debt, so they have my address. I live in CA. I waited for them to make several calls, answering each time after several rings, in hopes they'd hang up and they have, until recently. I answered. They said my area code indicated it was not too early, and I said "don't call again (*see note)" and hung up. (1) Are they in violation of state and/or federal regulations for calling my phone whose area code is on the east coast, when I live on the west coast and they have my address? I would argue that it's not irregular to move with a cell phone and keep the number. (2) If they have violated something, can I use that to send a cease and desist, report them to someone, or use it as an affirmative response if they sue? *I understand I can't really document that request not to call me, at this time- I can do a phone recording but it's a pain, as in CA I have to ask permission, then hit my recording app, which joins the call as a conference call and records.. a lot of trouble.
  12. Hello all, I tried to find the answer to this in the forums and in my local rules, but I was unsuccessful. I am the defendant in an OC suit brought by Nelson and Kennard, Sacramento. I have a two part question: I received the complaint, and answered it, noting that they had a few instances where they checked multiple boxes instead of one, got a couple facts wrong, and I put in one or two affirmative defenses. My purpose is to delay until I can settle, but not cost so much that the settlement will be impractical. I need a sweet spot. I have some more collections coming at me I'm sure, but my income will increase in the next couple years and I already make too much for Chapter 7 unless I can argue grad school student loans are non-consumer debt.. but I have heard that's really expensive and CA caselaw isn't binding and other reasons from attorneys, so then it's like either chapter 13 or settle my way through the storm, and if I can settle that's got to be better than 5 years of .. well of eating like I did in grad school. Anyway, I'm not out to win this, just to get a trial that's months away so I have money to settle with, and then I can stall the next lawsuit and settle again, and so on. SO. Question 1: in answering the complaint, I read that I could efile and then serve the plaintiff. But the day after I efiled it, suddenly the court called and gave me 36 hours to serve it, so I ended up spending like 300 dollars on a next-day process server. That hurt. Will I need to serve the plaintiff every time I file anything, like this case management form and such? I don't see an answer to this in local rules or superior court rules. Question 2: I read somewhere that was not unique to CA, that process service by the defendant could be done via registered or certified mail or something- but it couldn't be mailed by the defendant. If I'm a very private person and don't want a friend to know anything about this, is there like a Fedex-Kinkos service or something that would just be the adult that does that? OR how do people normally do their defendant process serving duties? It seems impractically expensive to do so. Thank you for any insight you might have on 1 and 2.
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