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Bulldoger

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Bulldoger last won the day on July 28

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  1. 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. Go to craigslist or facebook market place and look for a cheap running car. I bought my car which I been driving for 3 years for $350. I sold the hubcaps for $100 on ebay. so it only cost met $250. I only had to change the oil twice and I put a $20 mp3 player in it as it had original tape deck. I only drive about 2500 miles a year now that I work from home. The car before that I bought on Ebaymotors for $300 dropped $500 fixing it and drove it for 5 years 80,000 miles was commuting then. Before that I bought a pickup truck at auction for $110 with fee. Drove that four years 80 miles each way to work clutch went out sold it for $200. Don't pay any attention how car looks what matters are the mechanicals. Prices are high now for cars, but you can still find cheap ones like this one https://atlanta.craigslist.org/eat/cto/d/clarkston-toyota-corolla-gas-saver/7354543005.html This is a good buy, https://atlanta.craigslist.org/atl/cto/d/smyrna-bulck/7346132199.html it has the buick 3.8 L V6 known to go over 400,000 miles they get good gas mileage on highway close to 30mpg and 17 in city parts are cheap been up for 27 days so you can negotiate price down.
  2. This not being on credit reports means nothing other than they are not currently reporting it. Borrower Promissory note does this contain an arbitration clause? Does it have your signature? 3. How much are you being sued for? $22,206 For this amount I think a call to a local consumer attorney is a smart move see what they think are your chance of winning lawsuit or if it's better to settle if possible. luckly in New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. If your disposable income is less than 30 times minimum wage, it can't be garnished at all. (N.Y.C.L.P.R. § 5231). That's less than some states where it's 25% of gross. New York State law known as the “Exempt Income Protection Act” (or simply the “EIPA”) limits the ability of a creditor to restrain, or “freeze,” bank accounts. Under the EIPA, if your bank determines that you possess $1,950 or less of non-exempt income in any account, that account cannot be frozen. “Exempt” income includes any of the following: Exempt funds include the following: – Supplemental Security Income (SSI), – Social Security retirement, – Social Security Disability (SSD), – Public assistance (TANF), – Income earned while receiving SSI or public assistance, – Disability benefits, – Workers’ compensation benefits, – Veterans’ benefits, – Black lung benefits, – Spousal support, maintenance (alimony), or child support, – Railroad retirement, and – Unemployment benefits If no exempt funds can be identified in the bank account, any amount over the $1,950 that is present in your account can be frozen. If your bank determines that some of the money in your account contains exempt funds, then the cut-off amount is raised to $2,660. This means that if you have less than $2,660 of exempt and non-exempt income in your account, then there will be no freeze whatsoever, but anything above the $2,660 can be frozen.
  3. So you just received a letter from Kenosian & Miele, LLP Attorneys, They can't garnish wages or put a lien on your bank account until they sue you first and they win either by default you didn't respond to court summons or they win in court. Were you served?
  4. answering the following questions in this link will help us help you better.
  5. Are the out of state plates current? Is you husband in military ? Do you want to keep car or have bank take it? Did you have a joint checking and savings did he leave anything? Do you have joint credit cards? Have you called a divorce attorney see what your options are on deserted partner? I would also reach out to your county social services for help. So sorry this has happen to you as I have a disabled wife albeit our relationship is not the greatest, I wouldn't leave unless it was agreed to do so and arrangements were set in order. What he did was cowardly in my opinion.
  6. I am in Virginia got call from Discover (not a law firm they said they were going to send to law firm if I did not settle ) 3 months after my charge off. They offered settlement of 50% on a $8500 debt. I don't have cash so we settled on 10 monthly payments of $420.00. this was in March 2020. Just to give you a data point on settling.
  7. @texasrocker can explain the situation with Texas and small claims court.
  8. With case being dismissed I can see why they didn't show. How close are you to statutes of limitation being reached.
  9. MOTION TO DISMISS ON GROUNDS OF TIME BARRED NOW COMES Defendant XXXX XXXX (‘DEFENDANT’), appearing Pro Se and hereby moves this court pursuant to Va. Code § 8.01-246(4) a Motion to Dismiss on Grounds of Time Barred. In support of its motion, “DEFENDANT” shows the Court as follows: 1. Plaintiff has failed to produce a signed agreement or contract. 2. Defendant missed payment due 1/4/2018. A late fee of $25 was assessed due to nonpayment (Exhibit A) entered by Plaintiff in Bill of particulars . 3. According to the applicable 2017 Cardholder Agreement, default under this Agreement occurs when a required payment is missed when due (Exhibit B, Page 4, Line 19). 4. Plaintiff waited too long to pursue a cause of action and is therefore time barred from action now. The statute of limitation for action against Defendant began from 1/5/2018 and ended on to 05/11/2021 including all the tolling of paragraph 6, which is before the filing date of Case No. XXXXXXXX submitted on 05/12/2021. 5. Virginia Code 8.01-246(4) Personal actions based on contracts provides: In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years. 6. On March 12, 2020, Governor Northam entered Executive Order Number Fifty-One (2020) Declaration of a State of Emergency Due to Novel Coronavirus COVID-19. On March 16, 2020, the Virginia Supreme Court issued a declaration of a judicial emergency in all district and circuit courts of the Commonwealth of Virginia, pursuant to Va. Code § 17.1-330. The Court’s orders effectively suspended all non-essential, non-emergency court proceedings in all circuit and district court and tolled and extended all statutes of limitations and case-related deadlines pursuant to Va. Code § 17.1-330(D). The Supreme Court issued five additional extensions of the Judicial Emergency Order tolling and extending deadlines. On June 22, 2020, the Virginia Supreme Court issued its Sixth Order extending the Declaration of Judicial Emergency in Response to COVID 19. Therein it extended the Judicial Emergency; however, the tolling period was concluded as of July 19, 2020, and not extended. The tolling of deadlines in Virginia was effectively from March 16, 2020-July 19, 2020 (126 days), with computation of time to resume as of July 20, 2020. There are no additional or specific temporary rules extending time limits to serve complaints or special rules relating to methods of service. All statutes of limitation and case-related deadlines are subject to the tolling period March 16, 2020-July 19, 2020 (126 days). WHEREFORE, Defendant requests that Plaintiff’s Complaint be dismissed in its entirely pursuant to Virginia Code 8.01-246(4) and the Cardholder Agreement. Respectfully submitted this day July XX, 2021 below is standard form or grounds for defense in pdf and a template for affidavit which you need notarized to enter you credit card agreement as evidence with the motion to dismiss. It's in old word format not sure you had latest MS word. here is wiki page on motion to dismiss. https://www.wikihow.com/Draft-a-Motion-to-Dismiss dc442.pdf AFFIDAVIT.doc
  10. you are agreeing they own the debt and you owe it so No. 3 of your ground of defense you just gave away. It does nothing against your SOL defense because it's still to late for them to sue. (this is of course true if you didn't restart the SOL by making a payment after defaulting). They are stating they lost or misplaced agreement but you say you have one from time of default so you can still file a MTC arbitration and move case to arbitration and there you can challenge affidavit. You need to move quickly in filing you grounds of defense and motion to dismiss on grounds of SOL because I foresee a motion for summary judgement being filed soon by them.
  11. It looks like what ever records they state are attached you agreed that they are authentic copies of records and are admitted into evidence.
  12. Self-Authenticating Business Records Virginia Code § 8.01-390.3 As to any civil proceeding, with 15 days’ notice and no objection being made, business record authenticity and foundation requirements are deemed to be satisfied under Virginia Rules of Evidence, Rule 2:803. Proponent needs to send (1) notice of reliance on certification by affidavit or declaration by records custodian or other qualified witness and (2) copy of such business record and certification. Objections must be lodged within 5 days of such notice. If objection made, authenticity and foundation requirements shall be met by witness testimony. districtcourtbencbook.pdf
  13. "You will be in default under this Agreement if any of the following events occur: (1) you exceed your assigned credit limit; (2) you fail to make any required payment when due; "I missed the 1/4/18 due date at this point you can argue that all conditions were met (existing contract spelling out time of default (e.g. breach of contract), damage to plaintiff lack of payment. SOL started 1/5/2018 end 5/11/2021, 1 day before the lawyer filed? this will be your defense. So you have three affirmative defenses for your ground for defense. 1) statute of limitations had expired at time of filing. 2) improper venue you elect private arbitration per contract. 3) No Business Relationship with the Plaintiff (lack of standing) This is a defense that applies when the plaintiff is a debt buyer. Because you never signed a contract directly with the debt buyer, you have the right to challenge the debt buyer’s right to sue you (also known as “standing”). The plaintiff will not be able to prevail unless it can prove to the court that it owns your debt. If the debt buyer bought your debt from another debt buyer, it has to provide a chain of assignments going all the way back to the original creditor. If the debt buyer cannot or will not provide these documents, the court must dismiss the case.
  14. from law research attached "Placing the pieces in order, it becomes clear that the right of action must accrue contemporaneously with the cause of action. First, there must be a duty, contractual or legal, owed by the defendant to the plaintiff (credit agreement). Second, there must be some breach or violation of that duty by the defendant (monthly payment ussually contracts state that contract is in default 30 days after missed payment) . Finally, some damage or injury must be caused by the defendant's breach of duty (lack of payment is damage). Immediately upon the suffering of loss, damage, or injury, all of the elements will be satisfied and a cause of action will accrue to the plaintiff. Likewise, as the cause of action has accrued and damage has occurred, the right of action will also immediately accrue and trigger the running of the statute of limitations." I guess you made a december due payment in november. "I missed the 1/4/18 due date at this point you can argue that all conditions were meet contract, breach of contract (lack of payment), damage to plantiff lack of payment. SOL start 1/5/2018 end 5/11/2021, 1 day before the lawyer filed? this will be your defense. problem is CC agreements sometimes spell out that card is in default after 30 days when payment is due. Check the agreement see what it says. The law back in 2011 stated "4. In actions upon any unwritten contract, express or implied, within three years. " it was changed after Attorney General of Virginia (Kenneth T. Cuccinelli, wrote the non-binding advisory opinion. The law now states "4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years." that was done to clear up the statute. As written it requires contract signed by the debtor to move it to written contracts section and have the 5 year limitation apply. Accrual of Causes of Action in Virginia.pdf
  15. after your motion to dismiss is ordered you can take that to a consumer attorney and see if they will sue on contingency you could get $1000 plus payment for stress and time responding to suit. Even if limited to the $1000 they will have to pay your attorney cost above that so it wont cost you anything most attorneys will see you for free.
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