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Everything posted by alwayswinning36

  1. What he means is, driving without insurance is a crime and so is driving without valid registration. In other words, you're only going to make your situation worse if you are caught driving without either or both insurance and registration. Yes, you need a divorce attorney. One thing you definitely will want is for the attorney to specify in the appropriate section of the petition that governs property division is that you get that particular vehicle, or whichever vehicle you want to try to win in court. I would think it would be the same in GA as it would be in TX, in that so long as the judge signs the decree, you get whatever vehicle the papers say you get, regardless whose name the vehicle is registered in or whose name is on the note. If you have no idea where your estranged husband is, the short answer is that you won't have a quick divorce. One big issue will be serving him to let him know you are filing for divorce unless GA law is different from TX law in that respect. If its the same, you will have to exhaust most every other avenue of serving this husband whom you have no idea where he is, and then run an ad in the paper under public notice, stating that you are divorcing him and all this stuff. But again, GA could be different from Texas. I wouldn't know where to begin with registering the vehicle in the state you live in now. If you don't have the title and it wasn't registered in your name in the other state its registered in. I wouldn't think you need the title as you and/or your husband probably didn't have it to register it in the state it was last plated in to begin with but I am not certain. To add, most states have requirements in terms of time in the state before one can file for divorce. Have you lived in the state you are currently in long enough to file for divorce? If you don't know where your husband disappeared to, the requirement in the state he went to could be more or less than the time required of residency where you are.
  2. They don't need a signed credit card agreement. Credit cards don't have signed agreements, your use of the card constitutes agreement with the cardholder terms. Yes, a debt buyer would have to honor the arbitration, but there are usually pretty clear instructions in the card agreement that govern the use of arbitration. Either way, that is what you will want to try to use. If there is a small claims exception or anything similar then arbitration may not work, but you'd have to check the agreement and find out what it states. @clydesmom will probably chime in pretty soon.
  3. It may actually be a request for pre-trial discovery I need, specific to 507 of Texas Rules of Civil Procedure, "pre-trial discovery".
  4. Beware of "getyour720", if they are still around, too. They do just about the same thing Lexington Law does, but for a "one time" $99 payment. Essentially they do nothing, just like Lexington Law, but you might get lucky as they may charge $100 instead of $99, and when you raise hell they will give you the entire $100 back.
  5. Ahoy, Gang! Does anyone here have or happen to know where I might be able to find a motion to compel discovery for justice court in Texas? It isn't related to a defense to a debt claim, but rather a lawsuit that I initiated against an employer, so it doesn't need to be something have filled out or anything like that. Just a template to appropriately format and request the court to compel the defendant to produce documents, which will likely hang them in court, but are necessary for fairness ironically to both parties. @texasrockermight you have a template, or know of one, kind Sir?
  6. Let me get this straight, you're doing this after they paid upwards of 4 grand in arb fees?
  7. @WhoCares1000How does the OP have a valid claim? It doesn't matter the automated system said one thing and Citi said something else. The terms and conditions of those services, which likely include disclaimers of liability for consumers use I am sure would relieve Citi of any purported wrong doing would either diminish or drastically reduce OP's "claim". I would have opted to rely on app, or talking to a live person anyway over using an automated phone system to find out my balance due. It's not their mistake at all in reality. They didn't have to offer the OP any covid protections, but did anyway. So he had a way he could have made his minimum payment and HE chose not to. That's all backed by the fact that he blatantly told his creditor, whom he owed $6500 to, take a long walk off a short pier cause I fumbled the ball on covering my rear end and now my score took a 100 point hit. I do agree with you, @WhoCares1000, he does deserve what he has coming to him. He assumed he would twist their arms and make them just walk away from what he owes them, and found out that isn't the case at all. No matter which way it goes, the OP will end up paying for sure. As pointed out, he will still be in the red, even if he wins anything on a claim or counterclaim. To me, makes it moot to even argue it. You owe the debt OP, take it on the chin, keep making payments. I would whip out the T's and C's of the agreement(s) and comb through them. I'd bet a dollar to a donut you will find something along the lines of "your use of the automated system should not be relied on solely". Not in those exact words probably, but you get the idea.
  8. I am not an expert, but I would imagine if you made an agreement to pay x amount on x date for x amount of time and you don't pay those items they would be able to report the status of the account once you stopped making payments. Regardless of whether its late pay, or charge off. But again no expert, just a thought in theory of the FCRA.
  9. My brother used Lexington Law with "results", but it took a long damned time to see them. He eventually got his credit good enough to buy a house and ditched them. But when I used them, it wasn't even a whole month in before I demanded my money back and told them to kiss my rear end. All they seemingly do is send out repeated dispute letters, which ultimately will just be ignored as frivolous.
  10. Everywhere I am reading says the SOL in VA on credit card debt is 5 years. I was just wondering.
  11. How? How do you have a solid SOL defense in 10 months, if the last payment was March of 2019?
  12. Find their mailing address and send a letter via certified mail return receipt requested expressing your concerns and desires to close your account. You'd need to read the terms and conditions of their service, and follow them. I personally would look up their registered agent for service of process, and send any letter I prepared to that person. Good luck with finding their legal name and registered entity info on a secretary of state website. I tried, and could not find Dave, Inc. in California or Arkansas. But if you find their registered legal name in an SOS data base, you should then also find the registered agent for service. I did find Evolve Bank and Trust, but that seems to be exclusive for the debit card banking that Dave offers. And wouldn't be applicable to your use of the payday loan app, I would not imagine.
  13. When you say "on its own", do you mean the 7 years passed and the credit bureaus removed the account, or Capital One deleted the account on their own? If the account fell off your credit reports because the time had elapsed the account could be reported then PRA buying the account is moot. If the statute of limitations has passed, then it's passed. PRA is notorious for making calls they may not have your express written consent to make to a debtors cellular phone. That means you could have a claim against them under the Telephone Consumer Protection Act, but only if the number they are calling you is a number that you did not ever provide to Capital One. Any consent Capital One had to contact you by means defined under the TCPA would extend to the debt collectors as well. Being that statutory damages under the TCPA are $500 per violation, if they have called even one time in violation then you could have enough to make them decide not to even continue pursuing that little $443.
  14. If you have disputed the items with the credit bureau, and the items have remained then there is likely proof that would qualify under the FCRA for the inquiry or account to remain on your consumer report. Your only options then are to dispute directly with the creditor who pulled your credit and/or is reporting the account. Continuing to dispute the same accounts because they weren't removed, with or without any proof, isn't going to stop them from viewing your disputes as frivolous. If the inquiries and accounts truly are not yours, then you may have an issue with someone who has attempted to steal or may otherwise be trying to use your identity. Which means you have an issue that pretty much only you can fix. Have you considered freezing your consumer reports? When we think proof, we think they should have something signed by us. In a perfect world, that makes sense. However, this isn't a perfect world and the FCRA has some fairly low standards as it currently is.
  15. Well FICO would be the best to have, wouldn't it? It would be great I guess if they all used Credit Karma, but let's be real...that is a joke. Monthly is the best there is I would suppose when it comes to real world score reporting. $30 doesn't sound too much to be able to have a better estimate of my credit scores, though.
  16. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. @texasrockerI see that this particular agreement if typed or copied as stated doesn't even say "or states equivalent". I will reach out to my brother. He just graduated law school, though that isn't saying much.
  17. She and I don't hardly ever agree, but I do with this. I second her statement. What you want to avoid at all costs is admitting to the debt, in writing or otherwise in all attempts to settle the matter. If they are going to sue you, let them sue you. Let court be where they PROVE the debt is yours if it comes to that. Don't give them a concrete case beforehand.
  18. I see that this is a dated thread, and I truly am not trying to resurrect or anything like that. it just seemed like it would be better to ask on this thread than start a new thread, get told to view this thread and so forth. As of 2021, is there ANY service that is similar to Credit Karma in that it shows your scores as they change, but not like Credit Karma in that it shows the actual FICO score, and not some vantage 3.0 or other stuff? I know asking for daily access and updates may be a stretch, but would settle for sure for the BEST monthly updated FICO scores.
  19. New to reading your situation and haven't read it in full, yet, but to answer this particular question, yes you want to file it titled Motion to Compel Discovery. With ANY filing in a court case, you ALWAYS want to file a copy with the court FIRST, and then send it to the plaintiff or respondent. I am not sure about where you are, but here in Texas, so long as the person receiving the document provides consent you could serve them by email with their copy after it is stamped filed with the Court. I am not an attorney and this is not legal advice. EDIT** My personal fave, is when it comes to filing these motions there are usually stipulations on when the respondent has to answer. I strategically will wait until "last minute" to file and send it, when the chances of the respondent actually being able to properly answer and provide anything needed is very fast approaching. I am not an attorney, however, and do not take this as "legal advice".
  20. You actually could, so long as you don't name particulars of the other matters you speak of specifically such as name of creditor, etc. As someone who also knows about the confidentiality clauses of agreements I understand your hesitation to do so, but the reality is, if you "don't say", then you didn't say. I sued an employer I worked for once and got $4,000. You have no idea which one, and I wouldn't divulge such info, but there is a confidentiality bit to that agreement.
  21. Scott & Associates are bottom feeders who are lazy at best. File your answer, and MTC Arbitration. You will likely receive an email by S&A to say that arbitration isn't applicable. Did they file in the actual county that you reside in?
  22. An account being closed will have an adverse affect on your credit report definitely in the very near future. However, it won't last forever. You will see a little dip, and if nothing else is dragging your score down and your paying all the other obligations you have on time your score will rebound fairly quick.
  23. I have seen the same thing. i was "sued" by Scott & Associates P.C. for Credit One Bank. They provided the same numbers of "bills of sale", four of them, which occurred all in a matter of one day apparently. One thing I can say I did about that situation was looked at my consumer report. LVNV was reporting an account with a one month term, as being charged off. I am not exactly sure if that helped or not, but when I mentioned that and a couple other things to that specific law firm they dismissed the case, on their own, without prejudice. In my case however, the SOL has already passed so they can't refile the matter. Credit One Bank does have an arbitration clause, but they also have the "small claims exception". I know because I did review the card agreement when I was sued, and have since opened a new account with them also.
  24. https://www.nslawla.com/articles/who-is-liable-for-debts-after-divorce-in-louisiana/ i did this quick google search and it appears that if she opened the account WHILE you were married (the credit card account) that you would or could be liable for 50% of that debt. I would assume wherever you got "community property is ONLY property that is beneficial....", if they split the debts between spouses in your state, plan on it being split.
  25. A name being printed on a check DOES NOT constitute any entering into any "agreement". If that is the case, then the attorney should be suing your ex wife also, not just you. The banks name is also printed on the check also, and maybe even the name of the company that printed the check in some cases. Guess they all entered as well? I am confused though as to how the checks have both your names, but you say she is the one that owns the account? Did you never close the account for whatever reason you could not? If so, then you are still part owner of that joint account most likely. Usually to remove yourself from an account a bank will close that account entirely, and open you and the spouse up new accounts separate from each other. Obviously signed by her......that your signature signed by her, or hers signed by her? And lastly is the debt you are being sued over for this card time-barred? If it is a charged off account they are trying to collect on, if it's been 3 years from the date of last activity or delinquency, all the rest could be completely moot. Remember, attorneys often just try to get you to pay, they think being sued is intimidating. It is, to an extent, but if you have any defense or counter claims to assert it makes them go away.
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