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Ready To Fight

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  1. I want to make sure I cross all my Ts and dot all my Is on that. Any fees I may not be thinking about? I know the ones for the Sheriff's Department, process server, etc. And I know how to calculate each and every day of interest. Has anyone used an attorney to do this? Since it's on their dime, is there any reason why I shouldn't? Thank you for your reply.
  2. Thank you so much for all of your help! I found the page about collecting a judgement that is applicable to my county. They are in another state, but their bank has locations here. From what I've read so far, I should be good to do a levy by serving a branch here if they don't pay within 30 days. I plan on letting sleeping dogs lie. They didn't show up for court although they were properly served in time.
  3. Thank you (and thank you for your first response)! I have never presented a case in front of a judge before and even though it was small claims, it was a bit nerve wracking.
  4. I just passed out after reading the judge's decision. I went to small claims today and the company didn't show. I presented my case and was told the Judge's decision would come in the mail. For some reason I checked the court's site and saw that she awarded me every cent I asked for.... 5 figures (I'm in California). They have 30 days before they have to pay and of course they can appeal. But any suggestions on best how to handle this once their time is up? Thank you.
  5. Yes, I opened the account. However I returned something, have proof I did and that they received it. They never credited my account. They left me an opening with the settlement agreement in trying to be @$$holes because they didn't cover their performance of the contract and it was their performance after the contract was signed that their breach occurred (I hope that makes sense). Oh and neither Crappy Collector, LLC or the OC sent me a letter warning that they were going to put the item on my credit from the beginning.
  6. I am in California. Last year I sued a company for trying to collect a debt I did not owe from them. We settled. However, I was going through a lot at the time and did not put a liquidated damages clause in the settlement agreement. So I have to go after them again. However, a few months after the settlement, their collection agency, Crappy Collector, LLC continued to come after me. They even sent me something under the terminology “payment rewards program” saying if I completed it that I would become eligible to apply for the program’s bank issued unsecured credit card (with a 19.99% APR). Even though I understood it (I read EVERYTHING), it is incredibly convoluted and the least sophisticated consumer would be FUBAR by the end of the situation (they were offering $205.15 off of $479.15, but mud was clearer than the way they put it; as was the whole credit card scheme). They also claimed in these collection letters that they were the owner and current creditor of that account. I sent them an ITS in response they said, “We acknowledge receipt of your correspondence concerning the above referenced account. Crappy Collector, LLC acquired the account is the current creditor. Although we disagree with the merits of your dispute, we have terminated for the collection efforts and closed our file. Crappy Collector, LLC is no longer reporting the account to the credit bureaus.” That letter was dated 9 months after the settlement with the original creditor and I received at least 3 of the crazy collection/credit offer letters during that time. My questions are: · What violations do I have against the company that I settled with? What violations do I have on the collection agency? Thank you!
  7. I'll look into it. I don't know how I could opt out without knowing about it. I can prove they were paid when they reported me to ChexSystems, so at least I have that.
  8. There was already a class action lawsuit settlement. I didn't know about it since I have been very ill until recently.
  9. Thank you for the response and the suggestions. I will let you know what happens...unless you know... I can't.
  10. Hello everyone. I am I joined the board because I wanted to make sure that I handled this situation properly. Target had an issue with their RedCards and how they do not use them properly as debit cards (debit cards only allow you to take money out if money is in the account; with the Target RedCard no matter if you have the money or not it will allow the transaction and take the money out of your account later), causing overdrafts and NSF fees. Long story short, I used the card and they messed up my account, but they were paid (I was also charged fees by my bank). However, Target reported me to CheckSystems, claiming they were not paid. I didn’t know this until I tried to cash a check and they denied me because of it (I wanted to put cash into my account instead of waiting on the check to clear since it was 4 figures; I ended up depositing it). I went to my directly to my bank and they pulled everything showing that Target got paid in full. They have no reason to lie on my behalf and their printouts are clear that all payments were made to Target. If I filed this in District Court, what would I sue them for besides the overdraft fees and would reporting me to ChexSystems be defamation? I'm sure I have them dead to rights, but I am not sure on exactly what. Thank you in advance for your assistance.
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