Jump to content

alwayswinning36

Members
  • Posts

    196
  • Joined

  • Last visited

  • Days Won

    3

Posts posted by alwayswinning36

  1. 1 hour ago, BsharpC said:

    What do you mean they are crimes? Neither of us have any other car to drive and no other option. I have 3 kids and have to get medication or I will die, and go to doctors, etc. We have to drive places. So, you're saying a divorce attorney is the one who is going to fix all this? Do I call Wells Fargo? What do I tell them? Is this going to affect my credit? My husband ruined my credit for 26 years. It is finally clear. My mom died on top of everything else and I am under so much stress. What am I supposed to do to fix this quickly? I need specific advice and help on what to do. I obviously need quick solutions. Now I am more than terrified.

     

    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. 1 hour ago, DrowningCreek said:

    1. Who is the named plaintiff in the suit?

    JHDPE Finance

    2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

    Mandarich Law Group

    3. How much are you being sued for?

    $7,000+

    4. Who is the original creditor? (if not the Plaintiff)

    Citibank

    5. How do you know you are being sued? (You were served, right?)

    Served by Private process server

    6. How were you served? (Mail, In person, Notice on door)

    In Person

    7. Was the service legal as required by your state?

    I think so.  She left it on the chair by my front door when I wouldn't open the door for her since she wasn't wearing a mask

    8. What was your correspondence (if any) with the people suing you before you think you were being sued?

    Nothing. I never have heard of them.  I haven't heard from Citibank in 4 years. 

    9. What state and county do you live in?

    Gwinnett, Georgia

    10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
    Around September 2017

    11. What is the SOL on the debt? To find out:

    6 years


    12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
    Suit served, I haven't answered yet

    13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
    no   Neither debt is on my credit report.  The old Citibank says it was closed in 2010 and it was paid off. No negative from them.  And the JHDPE that bought the debt hasn't filed anything on my report. 

    14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
    no, I didn't know they had bought the debt. 

    15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

    I have about 2 more weeks before the answering deadline is gone


    16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
    3 exhibits... The bill of sale where they bought the debt, a credit card statement, and a cardmember agreement (but not a signed one, just an agreement)  

     

    I don't know what to do from here.  I am reading on arbitration but don't fully understand what it is.  Will a debt buyer honor arbitration?  I have tried to talk to them to see if there is an option for a settlement agreement before we go to court but I can't get anywhere on the phone.  I just get put on hold and get a run around. 

    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. 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.

  4. 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?

  5. @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.

  6. On 5/22/2021 at 12:11 PM, Bulldoger said:

    I got on payment plans for a couple charge-offs. Just wondering if I fail to make the payments for some reason do they charge it off. Is there such a thing as a charge-off for a charge-off.  

    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.

  7. 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.

  8. On 6/14/2021 at 7:31 PM, Bulldoger said:

    I have 1 PRA TJMAX/Synchrony collection last payment on account was in March 2019.......  I just hoping they let my account slide 10 more months and I have a solid SOL defense. So I gather your just trying to get another 10% off in settlement? 

    How? How do you have a solid SOL defense in 10 months, if the last payment was March of 2019?

     

  9. On 6/3/2021 at 10:30 AM, AngryAtDave said:

    On June 1, 2021 Dave withdrew 75.75 from my checking account. Authorization for Dave to access my account was revoked in September of 2019 through the only means of communicating with the company – the Dave app. Instructions were given to mail me a final accounting and I would send a check to settle up. That invoice never came. Instead they waited 21 months to weasel into my account and took $75.75 WITHOUT AUTHORIZATION! You also added a $1 monthly membership fee to the bill adding insult to injury! I deleted my membership in 2019! They use bots for their customer service. My emails to support have been ignored. Anyone have any ideas what I can do?

    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.

  10. On 4/21/2021 at 9:14 AM, Zeljka411 said:

      This was a Capital One Charge Off for $443 and it was being reported on my credit report BUT it has recently fell off of all 3 reports ON ITS OWN.  The collection company (Portfolio Recovery Assets) is NOT reporting this as a collection and they bought the account in Jan of 2021.

    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.

     

  11. On 6/9/2021 at 3:06 AM, Ericalynn29 said:

    I have been trying to repair my credit since April and I just need a little bit of help understanding this stuff. I currently am using dispute bee to assist me with generating letters and it's working for some stuff but not all of it. I am down to 0 hard inquiries on TU but I still have 3 closed accounts that remains on there. On EQ I currently have 4 hard inquiries and 1 closed account. On EX I have 2 closed accounts and 0 hard inquiries. 

    I just don't want to continue sending dispute letters with no proof because I know it's just a matter of time before they say its frivolous.

    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.

  12. 35 minutes ago, CreditInfoAdmin said:

    If you want FICO scores, you generally need to go to FICO. They get pretty guarded about their proprietary scores. They offer a monthly service for a bit under $30. https://www.myfico.com/products/ultimate-three-bureau-credit-report 

    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.

  13. On 6/8/2021 at 11:06 PM, Clydesmom said:

    Legal suits and accounts pending litigation settle ALL the time without admitting liability or fault.  It is usually cheaper to settle than a long protracted or even a short legal battle.  You simply make an offer that says out of convenience and expediency you are offering to settle for $X amount.  This would satisfy the account in full and any remaining amount is disputed, cannot be sold and the entire trade line deleted.  They either accept, counter or deny it.  Settling does not always require admitting liability or responsibillity.

    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.

  14. 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.

  15. 4 hours ago, TrudyL66 said:

    Thank you for the correct wording, i made those changes

    Unfortunately I received a letter in the mail today from the court.  I had sent a request to the plaintiff for discovery but I did not attach an order with it so now I have to deal with that.  My question would be since I need an order, should I have Named it “Motion to Compel”.  I thought I had to request and wait for no response first.  And am I allow to change what I requested?   I would like to add what you suggested above even though I requested the Purchase agreement, my words may not be as powerful as that.  What next?

    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".

  16. 12 hours ago, BackFromTheDebt said:

    I can’t tell you my strategy for the other cases.  I will simply advise you to look at their accounting very carefully. 

    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.

    • Like 1
  17. 12 hours ago, creditnewbie9 said:
    My concern is will it affect me in the future for future home loans, credit cards, car loans?
     
    Not sure what to do, can anyone give me advice or point me in the right direction, I would highly appreciate it

    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.

  18. 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.

  19. 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.

  20. On 3/26/2021 at 1:36 PM, Terrevue said:
    • The check has both my name and the ex-wife's name printed at the top of the check, however it is obviously signed by her. 
    • Although both names are printed on the checks, the account was created and is owned solely by the ex-wife. 
    • Plaintiff attorney cites my name being printed on the check as evidence that I entered into the agreement.  

     

    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.

×
×
  • Create New...