cld7

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About cld7

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  1. This is a shameless plug for the two ebooks sold on this website. Maybe not shameless since I am just a customer. I would like to highly recommend Good Credit is Sexy and Poor Man's Lawsuit. I could not have successful handled myself with their attorney's without these ebooks and been able to prepare a rock solid case against ProCollect. I found myself refering back to them time again. The help that I received from this discussion board has been priceless! Ok it was only worth $1250. Thanks to All, CLD7
  2. Ladies and Gentlemen, We have settled for $1250 today! I would like to thank you for your support. I will post more details about the case later if anyone is interested. CLD7
  3. The Attorney that I have been trying to get served called the other day and said that ProCollect would agree to pay $500 but could not agree for the Dr's Office. He also mentioned that it was his experience that you can get only $1000.00 per case. I sued in small claims for $3000.00 and offered to settle for $5000.00 with them. I have read on this discussion board that you could only sue for $1000. I am suing for the following. Failure to Validate Debt and attempting to collect debt -- Credit Report Calling Cell Phone - Costing Me Money making Collect Calls Putting name on envelop --ProCollect So, I have Three different types of violations. Each have a penalty of $1000 each. Assuming that I can only sue for $1000.00 per case. May I sue them three times for $1000 each? I would appreciate any help. The case has been filed in the State of Florida. Does anyone know Florida Collection Laws or where to find them. CLD7
  4. Called State Bar of Texas. I am not sure that the person I talked with knew the answer. To sum up he said that it was not. Only what happens in the court room is a reportable action. He told me to work through the local county clerk's office to serve in another way. Joy!!
  5. Registered Agent is now avoiding being served. It appears that he can keep this up indefinitely. I have already paid $110.00 to get him served. I called the County Clerk today and they told me I would need to get them to stop trying to serve him for the February 5th Mitigation hearing. I will then have to pay another $55.00 to try and serve him again. He is an attorney in the state of Texas. I would expect that he could get seriously repremanded by the state bar. Any advice or suggestions would be appreciated.
  6. Well I called ProCollect and ask for their Registered agent by name. They gave me their address registered agent's address. I called information to get the registered agent's phone number called it. He is an attorney. I got the correct address and informed him that his address was wrong with the secretary of state. By the way, ProCollect hung up on me after I told them that a lawsuit had been filed.
  7. Send letters to Credit Bureaus and get the Chapter 7 removed from you credit report. The creditors have written off the debt and probable will not be able to validate the information when you dispute them. I would start with the CH 7 because if the Credit Bureau does not remove it you can sue to get it removed. When you get it removed proceed to remove all the other bad information. Let me know how this turns out. I am a newbie on this discussion board. Others with more experience may be better to advise. CLD7
  8. The Process server told me that they could serve one of the officers at the Business Address. I we verify with Lake County Clerk here in Florida and report back.
  9. I hired a Process Server to Serve Collection Agency. The Collection Agency's Registered Agent Address was wrong so I ended up receiving the Papers back. I contacted the Texas Secretary of State and they replied: An entity can be forfeited for failure to maintain a registered agent/office. If you send certified mail to the above address and it is returned, you can submit an "allegation of failure to maintain a registered agent". Send a copy of the undeliverable envelope and your letter to: Office of the Secretary of State, Corporations Section, P.O. Box 13697, Austin, Texas 78711. Attention Pat Cantrell. You should be aware that this process as often as not results in the entity posting a new registered agent and thus remaining active. Even when it results in a forfeiture, the process can take up to 120 days. David Moerbe Corporations Section If anyone is interested, I can post the entire statement of claims. Just let me know. CLD7
  10. I sent a validation letter to RMA and did not here back from them. I forgot that I sent the validation letter. I sent the validation letter in June. Should I go ahead and send the second notice now? Thanks, CLD7
  11. I sent the following letter to Sears in May 2002. I have not received a response to date. Sears P.O. Box 182532 Columbus, OH 43218-2532 Dear Sir or Madam: I am disputing the interest charges on my SearsCharge Plus Account. The reason that this dispute has arisen is due to the fact that the usury limit is 18% in the State of Florida. Sears has exceeded the usury limit because of a federal case that found that a national bank can import high interest rates from the state that their corporate headquarters is located. However, Sears being a retailer in the state of Florida must abide by the states usury limits. Therefore, I request a full accounting of my account including original promissory note, all monthly statements, and record of billing and statements. Furthermore, I demand that you abide by the usury laws in the State of Florida. Sincerely, CLD7 I am currently paying about $152.00 per month. My bill says I must pay $521. I get hit with $157.00 in interest charges and a $25.00 late fee. The interest is at 24.9%. I have attempted to go to a CCCS but Sears refused to the agreement. I sent the following settlement letter: Sears P.O. Box 818017 Cleveland, OH 44181-8017 Dear Sir or Madam: I am currently undergoing severe financial difficulties and will no longer be able to make my monthly obligations to you. I don't want to declare bankruptcy, and I feel a moral obligation to try and work out something with you so I will not have to default on this debt. I would like to work out an alternate payment plan with you if possible. I would like to propose that you close my account, waive the interest payments and accept a new balance of $3400 of what I currently owe. I can make a monthly payment of $80 per month. Here are the circumstances in which I find myself. <Write the reasons for your trouble. Make sure that circumstances included here sound like they were beyond your control, not that you spent too much money and now can't pay it. Any medical hardships, divorce, thefts, accidents are especially good here.> I'm sure you will agree that the situation I described above has forced me to this point. Please feel free to have one of your representatives call me and work out a final plan. If you feel you can't work with me, I will be forced to default on this account and pay creditors who can work with me. Thanks for your time. Sincerely, CLD7 They kept calling daily and I sent them the following letter that seemed to work. I have not heard from them on the telephone since. June 11, 2002 Certified Mail-Return Receipt Requested Sears P.O. Box 182532 Cleveland, OH 43218-2532 Dear Sir/Madame: I request that you CEASE and DESIST contacting me via telephone or causing phone to ring. You attempt to contact me on almost a daily basis via telephone including Sunday evenings. I have instructed you via telephone to stop calling and send written correspondence to me about the above referenced account. You continue to call despite my attempts to get you to stop annoying me with your in-house collection efforts. You are instructed to cease attempting to contact me via telephone or face legal sanctions under application federal and state law GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES. Sincerely, CLD7 Does anyone have any suggestions about dealing with Sears? Should I not pay them for 180 days and let this go to a collection agency?
  12. Thanks to the PoorMansLawsuit and your help I have sucessfully filed my first lawsuit against a Collection Agency. I will be happy to answer any questions about my case. The next step is to send a settlement letter to the CA and request some Christmas money. Thanks to All, CLD7
  13. The CA did not pay their franchise tax. I will have to check further to see if they are doing business illegally in Texas.
  14. I did a search for the collection agency that I am in the process of filing suit. I found the address. However, I found that the company is NOT IN GOOD STANDING with the State of Texas. Does this help my case against them and how do I use this information. Regards, CLD7