ADSOFT

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Everything posted by ADSOFT

  1. In my case I have the following scenario: 1. They couldn't and can't validate the original contract. (... which means they can't validate the orignal county) 2. I live and lived in Orange County California. They sued me Los Angeles Municipal 3. ... what I think is the catch: It's been 6 yrs since the the judgement. Can anyone give me an idea how and on what grounds I would vacate? Thanks ADSOFT
  2. Hey, I was in the same situation. Here's what I would do I knew then what I know now 1) Contact he Local Bar association in your area. They charge $25-30 bucks and they will put you in contact with a lawyer. You need a "Consumer law Attorney" specilizing in credit card issues, they are the only ones who are familiar with your type of situation. Your want to ask the following 1) How to request validation 2) How to offer a settlement, try to settle for a small amout. 3) How to answer the judgement. 4) How to develepe a commuincation history between you and the lawyer. 5) How to present yourself in court and present your 6) Have them document how they came up with those fees. case/defense. 6) ...I'm not sure, but you need to have some defense, then try to settle before the proceding start, if you get into legal discourse with the lawyer, you are probably going loose. You can't compete agains a lawyer. 2) If they can't validate remember that they don't have a contract. To have a contract you have to have OFFER, ACCEPTANCE AND MEETING OF THE MINDS ( 3 Conditions). If they can't validate and they ask if you used the card, that still might not have a case against you because its illegal to pin a contract on you (Staute of Frauds). Your defense might be something like you sent me a card, I used it but even if I used several times,it doesn't mean I agreed to the terms. (It would be as if some one parked a new car in front of your house with the keys, and your drove it for a few months, then they sent you a bill and now they try to pin a contract on you). I would check with a lawyer. Spending the $30- 50 bucks for an attorney via state bar in your area is worth it! Good luck. let me know how you do. ADURANSOFT2000@YAHOO.COM ... I'm in the same situation, but after the lawsuit. My SOL has run out but I'm trying to reopen the case!
  3. I have a judgement (I'm disputing it, trying to get it vacated) from a different county in which I which I own a home. Can they still place a lien on my home if the judgement was awarded in a different county?
  4. I just read that you can vacate a judgement if you are not sued in the ORIGINAL COUNTY in which you opened the account. Is this true. If so how do you vacate a judgement. What is the SOL on vacating a judgement.
  5. In the process of trying to clean up my credit I ran into some of these "credit repair outfits". Interestingly enough some claim that they can remove judgements from your report because of the stipulation that CRA's can't report incorrect information. Some say that they know the system so well that they can dispute the judgement on a technicallity (sp) and get it removed. My question to our readers is on what techanicalities can we dispute items on our reports. I think it would be benefitial to the group to know what issues we can dispute and start a list. ... One of the readers said that on judgements they don't use SS' numbers. If that's the case that can be easily disputed?
  6. The reason to hire a lawyer is because they might pull a fast one. First of all the original judgement is for $3500, 6 yrs of interest (allowed by law), and penalties, processing fees, blah, blah, blah. I'm looking at $7500 bucks to settle. Also, I don't know the legal mumbo jumbo to fully satisfy and keep it off my credit report. This lawyer that sued me was a real scum bag. He gets cases in the $2500 range and sues in Municipal court. ... Anyhow you gave me an I idea. I'll hire a lawyer to offer him $1000 and get it satisfied and keep it off my credit. I'll pay the lawyer $450 bucks. What do think? I don't know much about how desperate lawyers are for money. But if I can settle for under $1800 including lawyer's fees, I'm a happy camper. .... Hey, can somebody recommend a lawyer to me? [Edit by ADSOFT on Saturday, April 12, 2003 @ 08:44 PM]
  7. I have a judgement from CITIBANK (actually they assigned it to a collection agency and then the had a lawyer sue me) I called CITIBANK to try to "VACATE THE JUDGEMENT" they said they had no record of the Judgement and sent me a settlement letter. I talked to my lawyer and he told me that I had a case to win a settlement against them but the statute of limitations has run out. My question is: If Citibank accepts a payment are they nullifing the judgement? Are these grounds to open up the case once more!!
  8. I have a judgement that's 6 yrs old. I need a low cost lawyer aware of consumer law to help me negotiate a settlement and get the judgement off my credit report! I want to settle and speed the payments out over several months. Can some one refer a lawyer to me?
  9. I need a sample letter that will settle a debt with an automobile finance company. I need the letter to stiplate that they will not come back latter for hidden fees, unspecified late fees and or Insurance fees. help!!!
  10. I'm in the process of settling with an AUTO FINANCE company. I fell behind for 4 months and then paid to get caught up and then they CHARGED ME OFF. They agreed to settle with me but on their settlement letter they are not mentioning how I would get my pink slip, or if they are going to charge me late fees after, or insurance fees, etc. What are the "KEY WORDS" that should be in the letter that stipulate the bill is paid and there is no are no other fees and I will get the PINK slip.
  11. Question #1: I have a judgement that I MIGHT want to settle. Does paying it off during the 7 yr period reset the clock? Question # 2: The statue of limitations on judgements is 7 yrs in California, if I don't settle in 7yrs can they still keep the judgement on my report. Question #3: If I settle after 7yrs will it go back on my report?
  12. I have a judgement from 6 yrs ago. The orignal creditor could not validate the bill but took me to court anyway at the municipal court level. They won. I want to settle with them but I'm afraid to call them unless I have some bargining power to keep the costs low. What do you recommend I do to settle at a resonable rate!
  13. I want to dispute a judgement on my credit report. When disputing a judgement, does the CRA call the original creditor or call the Court House? Also, I heard there is way to dispute a judgement at the court house so that when the credit report calls the court house they can't verify it. Or that there is a way find wrong information on the judgement so they can't assign it to your account.
  14. Is there a Statue of Limititions on counter suing a Judgement. I want to sue a creditor, they got a judgement on me without validating a contract. The judgement was 6 yrs ago.
  15. I was somewhat in the same situation you are now. 1st) My advice to you is as follows, if you can't get a lawyer to defend you then settle before going to court. DON'T GET A JUDGEMENT, AND DON'T SETTLE FOR A JUDGEMENT, IT LOOKS REAL BAD ON YOUR CREDIT, only %14 of the population have a judgement. 2nd) Go to the book store and get some info on how to respond to the judgement. 3rd) Send them a letter that your willing to settle for a given amount and if they drop the case: Again if you have money SETTLE before you get a judgement. 4th) If you go to court: 1. Make sure you have a letter saying that you tried to settle. 2. Bring up the SOL and that you are from CA 3. Get a book on how to respond to the suit before go. 4. I think your only defenses are) 1. SOL 2. VALIDATON 3. HOW THEY SERVED YOU 4. YOU TRIED TO SETTLE BEFORE COURT DATE? 5. TELLING JUDGE THAT you would like to settle without judgement!!!! ... What ever you do avoid a judgement, you don't want to fall into the %14 category I'm not a lawyer, but I'm in the situation your going to be in if you loose. ... Remember, Municipal Court is for the BIG BOYS AND GIRLS!!
  16. What if I was sued in Municipal Court or in Superior Court? Are the rules the different? Al
  17. I was charged-off by the telephone company in June of 2001 almost 2 yrs ago. The collection company is reporting my charge-off as of 8/2002 which is affecting my credit because it shows as a recent charge-off. According to the FCRA a creditor must report the original charge-off date 30 days after it went into collections. I have the following 2 questions: 1. Am I correct in disputing the Charge Off date? 2. How do I get the collection company to record the correct date. Thanks Al
  18. What about in the state of California. Also, if you can easily show that the court made an error in judgement, after 5 years can you appeal/reopen the case.
  19. Does anybody know what the SOL is to dispute/appeal a judgement
  20. IF A CREDIT CARD COMPANY SENDS YOU A CREDIT CARD AND YOU DON'T APPLY FOR IT OR THEY CAN'T PROVE THAT YOU APPLIED FOR IT ARE YOU STILL RESPONSIBLE FOR: 1. THE FINAL BILL IF THEY CHARGE YOU OFF 2. RESPONSIBLE FOR USING IT?
  21. WHAT IS MY RECOURSE WHEN A CREDITOR RUNS MY CREDIT REPORT WITHOUT MY AUTHORIZATION? I WANT TO DISPUTE SOME INQUIRIES BECAUSE IT AFFECTS MY SCORE AND OF COURSE IT LOOKS BAD. ALSO, I HEARD THAT IS IS AGAINST THE LAW TO DISCOURAGE SOMEONE FROM APLLING FOR A LOAN. I HAVE THE FOLLOWING INTERESTING CASE: I WANTED TO PERSONALLY DRIVE DOWN TO A CREDIT AGENCY AND APPLY FOR A SECURED CREDIT CARD TO BUILD UP MY CREDIT. I TOLD THE MANAGER THAT I WAS CONCERNED ABOUT SOME ITEMS AND WOULD LIKE HER TO VIEW A COPY OF MY 3 BUREAU'S REPORT AND SEE IF THERE WAS ANYTHING THAT WOULD HINDER ME FROM BEING ACCEPTED. ...NOW... SHE SAID WELL I WOULD LIKE TO SAVE YOU A TRIP AND I CAN PULL YOUR REPORT NOW. NOW I FEEL SHE DISCOURGED ME OF FILLING OUT AN APPLICATION? I FEEL I WAS MISLED AND GOT DINGED FOR ANOTHER REPORT!!! THEY LATER RAN A SECOND REPORT. NOW THE 1ST REPORT MIGHT BE LEGAL. BUT, WHAT ABOUT THE SECOND?