distressed

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About distressed

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  1. In the past two years I've cleared ALL negatives from my credit reports (hooray - and thanks to advice garnered here) and in repairing my credit I've got too many cards and am caught up in the not-so-nice situation of having too high balances on them which is making it really hard to pay them off. I'd like to find a card to do a balance transfer, but don't want to risk getting denied credit. My total CC debt is about 5,000 over 5 ccs. My FICO (Transunion) is 623 (because of high use of revolving credit). Is there hope or should I just dedicate some more time to paying them down to a reasonable % before applying? I'm not ready to buy a house, but may need to consider financing a car in 1-2 years and I want this debt gone before I consider taking that on. TIA!
  2. Okay, I'm here in MA. A low-life attorney representing Creditrust sued me in small claims for an old Discover bill. Accidentally I missed the first court date and defaulted, but went to court the very next day (I confused the days) and filed for a reversal, got it, and then got a new court date. At the new court date, the case was dismissed. The attorney had one FDCPA violation in the first and only letter they sent me and I considered suing, but decided it was too much trouble. Yesterday I got my new credit report (Experian - the only agency that the attorney said he used) in the mail and see that they REPORTED THE DEFAULT judgement to the agency even though the case was DISMISSED on May 15, 2003. Now I'm thinking I sue for both the first violation and the false reporting. But first, how do I verify that it was the CA/attorney that reported the false information. Will Experian release that information?
  3. Hats off to you for going through all of that - no easy task. Would you provide an update once you have the outcome of the federal case? I'd be interested to hear since as I recall, it is the same attorney' that we're dealing with in MA. Good luck!
  4. Just checking in - the attorney representing the attorney suing me for Creditrust/NCO Discover agreed to dismiss my case yesterday in small claims in MA. I'm thinking of suing the CA's attorney for at least one (not sure if there's more) FDCPA violations from the original letter (no mention of my right to dispute), plus the pay I missed being in court and not at work. Where are you at? Wondering if I should sit on it for a little while...
  5. About 2 months ago I was trolling around here for some guidance/research in order to prepare for a small claims case that was filed against me in MA. It was brought forth by an attorney for Creditrust which apparently owned a debt of "mine?" from Discover. My dumb@ss missed the first court date - I showed up the day after small claims. But I was able to get the default judgement turned around and had my day in court yesterday. What's interesting is that the attorney who was suing me is not the one to show. There's an attorney in the court that represents almost all out of town attorneys. Lucky for me he was a nice man and not pushy at all. I didn't have to do a thing, didn't even have to show a lick of "proof." I told him that the debt wasn't mine and that the attorney suing me refused to provide any information. Also, about 2 months ago I called Creditrust and Discover to inquire about the debt and 1 month ago it was miraculously removed from my credit report without my having to jump through the usual hoops that I've read about on these boards. Anyway, this is a long roundabout way to say THANK YOU to the folks that provided guidance here. I was prepared yesterday in the event that I would have to defend and I feel much more comfortable with the whole process now. There are a couple of little things on my credit report which I am working on getting corrected, and I just may now consider turning around and suing the attorney who initiated the claim.
  6. why? I didn't file the answer yet anway. Now I have to wait to see if I'll get the default reversed so I can have another Small Claims trial/hearing.
  7. Oh, the saga shall continue... I'm such an @sshole! I had the wrong freaking day - all that preparation and the night before court I'm reviewing everything and feeling confident and then I look at the summons form and 2/28 is crossed out and 2/27 is the actual date. #%&*@%!!!! So I went to court and talked to a clerk and had to fill out a form for a hearing to reverse the default - the woman I talked to said the judge usually allows it if it's the first time. She told me she knows the lawyer that represents people like K&K in their Small Claims court and that he's nice/reasonable. She didn't think I f*cked up that bad, but now I'm completely distressed. I'm sure everyone's life is busy right now, but it's just so damn hard trying to worry about this as well as making ends meet in this economy. The date before the judge is set for 3/27 and I sent a copy of the form to the attorney already. At least this gives me time to work on validations, etc. I have been trying to find/use some of the free legal services around Boston and they suck. You can never get anyone on the phone and when you do, they don't really know what they're talking about. Gotta work on that, too. Thanks to everyone for their support, I'll definitely keep you posted.
  8. I checked with the Mass. Division of Banks, as long as they are a licensed attorney in Mass. they do not need a license as a Collection Agency.
  9. I'm so glad you posted - I'll bring that section of law with me should I need it. Thank you. Also - I talked to someone today at the Massachusetts Division of Banks who told me to immediate call the FTC and file a complaint (I did) and mentioned that he had "heard of" them before. It wasn't in a good sense. I'm going to call the AG and file a complaint there too, I just haven't had the time. I can't wait for this to be over. If I win, I'll turn right around and sue them. And if I lose, I'll appeal, force them to validate, etc., win the appeal and then turn around and sue their asses again!
  10. Okay, here's what I've got. How to I close the Answer? Do I ask for a dismissal or do nothing? And to Whom do I address it? " I have no recollection of this account and do not believe it to be valid. And in any event, the plaintiff’s attorney is bringing forth a time-barred suit as it is beyond the Statute of Limitations for the State of Massachusetts. Therefore the complaint is barred by the applicable Massachusetts Statute of Limitations, including, but not limited to Chapter 260, Section 2. In addition, according to the documentation of the plaintiff’s attorney – a letter dated September 16, 2002 from Kream and Kream and the Statement of Small Claim and Notice of Trial – the attorney and/or the plaintiff have broken federal law (Fair Debt Collection Practices Act) by misreprepresenting the amount they claim is owed. Therefore… " For those of you who have been following - if you are an attorney in Mass. you do not need to be licensed as a Collection Agency. About standing in court - still don't really know - I'm hoping to get an answer from the court directly. This attorney has broken at least 2 federal laws - misrepresenting the amount owed, not including my right to dispute the debt on the one letter I received and maybe 3. Also - on the small claims court summons, "NCO Assignee of Novus" is actually listed as the plaintiff, and then the attorney's office is listed.
  11. Got your point, Ironman. I guess I'm just looking for a fighting chance here right now since this guy kind of snuck up on me. I'm going to try to get some advice from the legal services bureaus around here, but it's really tough. And the attorney general's office wasn't much help. The way I figure, at least I can go defend myself and worst case scenario is I appeal and get a bit more time to do the rest of the work - validation, etc. I appreciate the advice you offer, which helps me to get on the right track.
  12. Hey - Capepuffin - if you can find that out from your lawyer - and get the corresponding law/statute/code I would be forever grateful! Not all of massachusetts' civil codes / laws/ statutes are online and that's why I'm having trouble finding the ones that apply to: #1 whether an assignee has standing in court without the OC present #2 whether an attorney operating as a collection agency is REQUIRED to have a license to bring forth a suit in small claims court #3 what exact Massachusetts statue is it that tells what the SOL is on old credit card debt I don't get much privacy at work, so I might have to take a couple of hours off so I can make some phone calls. Shouldn't the local legal aid/bureaus be able to answer these fairly easily?
  13. Thank you very much for the explanation. I am being sued by the attorney of a CA which bought a very old debt that I didn't know existed. He filed suit without providing any proof to me, and he did it fast. I am preparing my answer to file with the court (per your suggestion) and to use as the outline of my defense. I plan to post it here (sans identifying names, of course) for feedback. My affirmative defenses will include the fact that the plaintiff is barred by laches (correct?) because of the statute of limitations in Massachusetts. [the problem is that the plaintiff is probably going to say that a payment was made on the account in 1999 - which he told me on the phone. it's a big fat lie, of course, but how to prove it?] What is the verbage that I use for Doctrine of Unclean Hands? My next affirmative defense will be: The plaintiff has brought forth this complaint as a debt collector in the state of massachusetts, but possesses no license from the state to perform such activities, which is required by the state, and therefore there has initiated this case with unclean hands??? Am I getting this right? In Small Claims court in Massachusetts, the case is heard by a Clerk Magistrate, not a judge. Will that mean that they'll probably think I'm an @ss for trying to use all this legal jargon when I'm not an attorney, or do you think it will help, showing that I've at least educated myself somewhat on the law? Thanks again. You all ROCK ON! And now I can't wait for this to be over so I can sue the guy myself. If I don't hook up with capepuffin on that class action!
  14. Yeah, I got that. I want to be able to quote the actual statute in court, should it come to that. Just want to make sure that I'm 100% prepared.
  15. Can someone explain this a bit more - I'm defending myself in small claims, there's no way I could afford a lawyer - I'm trying to understand laches as it pertains to my SOL defense. And "doctrine of unclean hands" as it pertains to an unlicensed attorney bringing forward a lawsuit for debt collection when that attorney is not licensed for such activity in a state which requires it. Thanks.