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About TylerDurden

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  1. Hi Kristy!!! Excellent article!! My only suggestion is that at the end of the article, you list step 5 to explain what happens if the OC does or does not reply to your request for verification. If OC replies with proof of verification, then I guess that's that. But if they don't, do we write back to the CRA to inform them that we failed to receive verification and therefore they should remove the listing? Or, do we go straight to suing the OC for FCRA violation? Other than that, awesome, awesome, awesome!!! Regards, TD
  2. Hi willing!!! The corp was a private C Corp. You're right that he definitely needs a lawyer. But, his funds are limited, and I guess he wants to see that if he can simply bring up the SOL defense, he'll try to handle this himself. I'll definitely still strongly suggest to him that he gets a lawyer though...
  3. I just asked my friend, he was not contacted by the state's labor board at all. This notice of service was the first he heard about any back wages.
  4. Thank you for all the replies so far!! You guys are great!! Upon reading your responses, it seems that SOL would be the way to go for defense. I did a bit of research on FLSA (Fair Labor Standards Act) and apparently the SOL is 2 years for back wages, or as much as 3 years if it's determined to be "wilful" (which in this case it is not since he didn't even know this happened). In either case, the claim is definitely passed the SOL. So, if this applies to my friend's case, it seems that he can bring up the SOL defense. June, that's great info about Florida labor laws. I'll definitely look into Virginia labor laws more closely, specifically on SOL. Just as a "plan B" defense, I guess if it were me, I don't think that an employment offer letter and a copy of a paystub constitutes as convincing evidence that one is owed back wages. I mean, if this was enough, anyone who has a copy of his/her employment letter and paystub could sue a former employer for back wages, whether or not the claim is valid. That doesn't sound right. I guess what I'm asking is, whose burden of proof is it to show that the claim for the alleged back wages is valid? Is it up to the former employee to show this, or is it up to my friend to dispute its validity? Thanks again for all the responses so far!
  5. Hello all, I haven't been around much. My work has been keeping myself busy as of late. I hope everyone is well. I have a friend who is in trouble. This week, he received a certified mail from the state of VA containing a "Notice of Service of Process" of Warrant in Debt. He is being sued by a former employee of a now defunct corporation for back wages. The employee claims that the corp owes him back wages from August 2000. The corp, of which my friend was a CEO, was declared defunct in April 2002 by the VA SCC. My friend was not aware that there had been unpaid wages. Someone else in the company was responsible to issue paychecks. Additionally, as much as he wants to make good on all his debts (if he is indeed liable), he is not in a position to be able to make this payment anytime soon. I know this is not a legal "credit" issue, but it is debt related, so I thought maybe someone here can point me to the right direction to help my friend out. My questions are as follows: 1. As what type of debt would back wages be considered? In the warrant in debt, it is specified as "other" with a handwritten description of "employment". I want to find out the statute of limitations on this matter. It has been more than 5 years since the employee claims the back wages were accrued, and it has been more than 3 years since the corp was declared defunct. There had been no communications regarding such claims prior to this notice. 2. What can my friend do to answer this claim? Since the corp is defunct, my friend is not sure whether he can get access to any records to prove or disprove the claim. The affidavit attached an exhibit A which is a copy of an employment offer letter which my friend signed. However, although it is stated that there is an exhibit B containing a copy of a paystub, it was not included in the notice. Would these two exhibits meet the burden of proof that the corp failed to pay back wages? 3. Can you point any additional resources that my friend could research prior to appearing at the hearing which is set for early January? Much thanks, and best wishes for a safe, relaxing holiday!! Regards, TD
  6. Congrats, wunderwoman!!!! Just curious, who was the OC on the CO?
  7. Okie dokie, in case anyone is in the same boat, I just found out why I couldn't do the online CLI. Although my Fleet card has been converted to a BoA card, I cannot yet use their online system until March 22. That explains why I kept getting error messages.
  8. Mine was definitely bought by BOA. I got a new card with their logo and everything. I'm just bummed that I couldn't ask for the CLI online. I'm afraid if I call them, they'll do a hard inquiry on my CR...
  9. Upon reading your post, I tried to get a CLI online. However, it keeps giving me a message that they "can't verify my information at this time, please make sure my info is correct". I kinda have my BOA card by default, when they bought Fleet recently. Maybe that's a factor? I have a 15K CL at the moment, perhaps that's also a factor? I was hoping to increase my CL to improve my utilization...
  10. I've had mine for 7+ years. You're all right, they don't report the right limit. However, in the course of 7 years, I have had my CL increased numerous times without having to ask for it (don't remember what I started with, but it's currently at $19K+), the APR reduced to 7.9% from 9.9%, and the card converted into a GoMiles card. At least in my case, they seem to reward you when you're a good long-standing customer.
  11. Thanks, Maggie. I'll try the address you have.
  12. I sent in my dispute on 12/28/2004. I just checked USPS.com and was informed that it has been returned to sender (me) because the address was not found. The address I had (from previous disputes) is as follows: Experian Attn. NCAC PO Box 9595 Allen, TX 75013 Is this correct? Does anyone have any other addresses for Experian disputes? TIA.
  13. Yes, it does. DH is in a couple of my accounts as AU, and this has helped him tremendously credit rating wise. Not sure why Home Depot would say that it doesn't. My guess is that they just don't know what they're talking about.
  14. I know many of you here don't like Cap One. I actually stopped using the cards a couple of years ago because I've heard a lot of people got burned by them and I don't think they deserve my business. Well, I received a letter yesterday, and they just automatically converted my card to a "Go Miles" card, with 10,000 miles to start with. I've been wanting a miles reward card for a while, ever since I cancelled my Amex green rewards card (now, that's a crappy card ). I'm still cautious of Cap One, but if I'm going to use a card now, might as well use a card that will build airline mileage for me. Anyone got similar offer from Cap One?
  15. If it has been more than 7 years + 180 days since the date of last activity (DOLA) on the account, you may not need to bother with the OC. I believe you can simply notify the CRAs that the reporting period for the TL is over and they need to delete immediately. Here's more info on the 7 year reporting period: http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9129