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Everything posted by alwayswinning36

  1. Well, what would they be suing for, these debt collectors, such as the alleged debt? How old are the debts? Texas has a shorter SOL than TN. I would "think" this could help you a great deal, since Texas SOL on debt is only four years. And thanks to Gov. Abbot, after that four years, you could even make payments on the debt, admit it is yours, etc. and it WILL NOT restart the four year statute of limitations over. Of course being that you moved from TN and maybe lived there when you incurred the debt, it may be a moot point that the SOL is less in Texas. I am not too sure. From personal experience with Portfolio, just find something to counter-sue for. Threaten to sue, and they will offer to delete from your credit reports and close the file on their end. In my experience with them in the instance that I did have, my alleged debt was $516. So your mileage may very. Easiest way to get dirt on them is change your number. They will do the "account review" pulls on your consumer reports to obtain phone number and address information. When they do this and they call, using an automated dialing system, to this number that you did not provide to them without your express written consent, they will have violated the Telephone Consumer Protection Act.
  2. What @fisthardcheese said, with prejudice. You don't want "without", you want "with". You are still far from statute of limitations, which is the time the JDB can sue you for the alleged debt. If you sign and agree to without prejudice you are just essentially giving time for them to refile and do the exact same song and dance all over again.
  3. What do you mean goodwill? Like a request for them to delete it in goodwill? I have heard of asking for a goodwill reversal of overdraft fees, at the time of the charges. But never someone just saying nothing when the fees were charged and then wanting a goodwill deletion of the charges.
  4. You could try just disputing it with the credit bureaus, specifically using something called a 609 letter. It isn't called a "dispute" letter, though. You would have to search this site (this is where I learned of the 609 letter to begin with) and see if you might try using something like that. I am working on mine right now for all three bureaus. I will let you know though what happens when I send them. I am not expecting much of anything to happen with it really, though. Maybe one or two old accounts might get removed, beyond that though I don't look for it to a whole lot.
  5. I too have a received a call like that. Someone claiming to be from some organization calling EMS, calling about pre-legal service. Expecting me to provide information for them to serve me. I didn't give them any info, though. Told them when the time comes for me to be "served" they will know what to do.
  6. So essentially you have nothing more than screenshots of a web page saying you are paid in full? I know this is an old thread, but thought I would try to help best I could. The problem with a web page screenshot is you could literally hit a couple hot keys on your keyboard on a computer, use the editor to edit the page locally so it says whatever you'd like it to, then save it to your computer and open it and make it appear legit. If you have any actual documents relating to it being paid in full, I would send them rather than screenshots.
  7. I hear ya. It can be frustrating sometimes. I have only ever tried that once, the pay for delete thing. It didn't work out in my case so the debt went unpaid until it fell off my report.
  8. I would first email the attorney and attach the agreement that is signed and ask them if it was an oversight on their part. Like someone said earlier on, they probably are in auto-pilot not thinking or not reading something before they drew up the without prejudice.
  9. I see. Just because they dismissed without prejudice doesn't mean they will come back filing again, though they could. That is good for you they dismissed it. PRA is a lazy collection agency anyway. Next time if they make calls to your phone, threaten to sue for those calls under the TCPA, but do so in writing. I did and they just deleted the entire reporting and all from my credit reports of the account they were trying to collect.
  10. You don't really provide much information for anyone to help you out really here. What state are you in? When is the last date of payment or date of default?
  11. What state are you in, specifically? Account was back in 2015, or that's the alleged date of default or charge off or what? Pre-Legal is primarily just an intimidation effort by any collector. They like to throw that "legal" word in there to make it sound as if they are of authority to just be judge jury and executioner. But they don't have that authority.
  12. If I am not mistaken, the credit bureaus don't have to receive anything more to validate the debt than what a debt collector would send to you in the initial letter they send. In other words it's not as if it's going to court and they have to prove the case up to the credit bureaus. What they need to prove a debt to a credit bureau as opposed to proving it to a court is far more relaxed. Continuing to dispute the debt with the credit bureau(s) will only get your disputes basically just ignored and treated as frivolous. You do know that you can dispute the debt directly with the creditor, or debt collector, right?
  13. This is all completely irrelevant, whether its your account or not. Your race has nothing to do with your credit, neither does having red hair or even being married. Why they would tell you this like it makes any difference is beyond me. There very well may not be an agreement you would have had to physically sign, assuming this debt is actually yours to begin with. I have had several credit cards of which I never signed any agreement. There is a "Card Agreement" for every credit card, and usually it is agreed by the card being issued to you and your use of the card that you abide by the terms of the Card Agreement for that card. Have they sent you anything relating to the alleged debt? Anything noted about when the last payment was made, or card was last used? I am assuming you already filed an answer to the lawsuit?
  14. Oh I get that. In Texas there is alternative service where they just leave it with someone at your residence, with the court approval of course.
  15. To a credit bureau, those first three bold italicized words are exactly what they probably said to themselves when they read "its not mine". If the account is closed, as in paid in full, even with the late history it likely isn't doing anything to or for your credit mix anyway. Once it is paid and closed it's no longer "credit", it becomes an asset. Assets don't matter and have no impact on your credit score. I have disputed with collection agencies about debt accounts on my credit reports. Once had all but three charge-off accounts removed years ago. But never a mortgage. But I would imagine since its asset and not credit, in terms of the closed mortgage accounts it would be true that it has no impact really now. If it is closed, with a balance due and owing thats a different story.
  16. That is an interesting issue. The only things I have ever had reported as negative really were accounts that were charged off, in the past or accounts in collections. Your best bet might be to contact the credit bureau and ask why it is listed as negative. If you ever have been late, and it is showing on the report that could be why.
  17. A.) I would begin offering based on the lowest reported amount. That seems like a huge spread for a debt that is supposed to be reported accurately. So I personally, apples to apples in your situation would begin with that. B.) You could simply tell them or maybe ask why it is the balance is over $5,000 higher on one credit report. Despite common belief by a lot of folks, me included at one time, not every creditor reports to all three bureaus. I once purchased a vehicle that was only reported to one single bureau, and it was the one that almost nobody checks these days. Not to say they wouldn't possibly end up reporting it to the one it currently is not reported to, but just throwing it out there that not every creditor does report to all three bureaus. C.) Personal details - if you are not comfortable providing your entire social security number in your communication to them make sure you at a minimum include the last four digits. Also include your full date of birth, your address (of course), the account number, if known, or as reported on your credit reports. If it is ************XXXX then show it that way, is what I would do. A quick google search of the Florida statute of limitations showed this right at the top: "The Florida statute of limitations on debt collection for written contracts and promissory notes is five years. Oral contracts and open-ended accounts (including credit cards) Florida statute of limitations on debt collection is four years." So if this is true, and it has been 4-5 years since you paid on the account or last used the card, whichever would begin the SOL in Florida, then once that SOL has expired, you cannot be sued. If you contact them about the debt, and acknowledge it in any way say "I know this is mine", "I want to pay my debt" or anything like that, depending on your states law you may be resetting that entire four year period all over again. If you are wanting to pay the debt off thinking it will improve your credit score it likely will not. Especially if it has been 4 years already, that debt has done all the damage it is going to on your credit report. And in another couple years it will be removed. If you acknowledge and pay on the debt, it can remain there for years. Be very careful what you say in the pay for delete proposal, is my best advice to you.
  18. Hey, take a gander at this from Conn Appliances, Inc. If I am thinking correctly, if anybody was sued under an agreement such as this by Conn Appliances, Inc. they do not even have the legal right to sue under the contract as they transferred, sold or assigned all rights to the account including interests to Conn Credit I, LP? Conns.pdf
  19. Thank you, kind sir. So seems she doesn't know half as much as the thinks she does. Imagine that! Claiming its "the same in every state". In Texas, the SOL is "tolled" when the suit is filed regardless of how long it takes for the suit to be served. Imagine that.
  20. I would not reach out to them about settling anything or anything like that until you at least file an answer with the court. After I filed the answer, I would reach out to them and try to work something out, if I wanted to.Is that what you'd like to do, is work it out with them to pay it?
  21. I don't take your word for it. With your measly one won suit against a debt collector. Wow. Kudos to you. You're on your way to a law degree. OMG! I don't have jack didley sheeeesh to prove to you. Poor Clyde.
  22. Well, the OP doesn't live in Minnesota. The person I was replying to and asked the question of does. I have better things to do than study every law in every state, etc. etc. There is also alternative service, if for some reason they can't serve you. If it is approved at least.
  23. Does your court not have any answer form that you could fill out in adobe? I could provide you a template that I use, but I am in Texas.
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