fiatmoney

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About fiatmoney

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  1. I doubt the validity of this story. Comes under the heading of "smoke". No traffic cop is going to NOT write you a ticket because you hand him/her a PrePaid Legal member card. Especially if you have it coming. Cops aren't intimedated by attorneys. What it will do, is it to alert that cop that you will likely go to court and they will be certain to take notes in detail that will help them remember the circumstances and make the case against you in court.
  2. I have had PrePaid Legal insurance for years. I haven't taken advantage of many of the benefits it offers BUT have used the traffic defense benefit AND the attorney was successfull in getting a RADAR speeding ticket overturned. For less than the cost of a cup of coffee a day, I can call a lawyer and get an answer on many legal questions, as well as the many other benefits the policy offers. Cheap piece of mind. Now if you have a frivoulous case, the attorney may advise you to just pay the ticket but if they determine there is a valid defense then that is a different matter. The benefits vary from state to state and how you can choose an attorney. When I got my ticket I was in FL and I chose the attorney, now I am in another state and I have to go thru a prescreened law firm. Like I said, I haven't used all benefits but it is cheap protection. BTW, I don't bother them with credit related or small claims issues. I successfully sued and won a judgment in a FDCPA violation against a CA on my own. I may use the PP attornies to help me collect the judgment.
  3. That would be easy if they were a domestic corporation. They also have no offices or assets here in my state. I have a judgement from state A and they are located in state B. My small claims judgement is not enforceable in state B. At least that is my understanding. I will try your suggestion to send them a demand letter. Do you think I should invoice it to "accounts payable" or send it to their legal dept? On the D&B and CRA issue. Can I as an individual report an unpaid judgement? If not, how would I go about getting it recorded? I can see this as being great leverage.
  4. FYI: I checked with the Division of Corporations to find out if the company I wanted to sue was registered in my state. The state's record showed them to be a foreign corporation, meaning they are NOT incorporated in my state BUT they do maintain a registered agent here, as required. Okay, so I served them through their registered agent and sued them in small claims court. Easy enough. Now I was suing them under the FDCPA, which is a federal statute. However, my state maintains a state statute that is essentially the same, so the small claims venue seemed valid. So far so good. My understanding is that they could have petitioned the court to remove the case to a federal court had they chosen to respond. They didn't even show and I won by default. I waited until the allowable appeals period passed and then summoned them for a creditor's hearing, also thru their registered agent. Once again they failed to show up. So I have the judgement but I haven't collected. The court was willing to issue a bench warrant at the creditor's hearing but wanted to make sure the summons was properly served. I had the summons drawn up to name BOTH the CORPORATION and the listed officer , who is the PRESIDENT, on my handwritten court form. When this info was entered into their system, his name didn't appear on the actual summons. Anyway, I had my copy of both, as did the court. The court ruled to leave the hearing open to allow me a chance to collect. If I am not successsful, I think they may actually issue the bench warrant. This warrant would only be enforcable IF the president were to travel to this state. He would have to be stopped and a LEIN check done for the warrant to show up and to get arrested. Otherwise, it is more symbolic than anything. Still I don't imagine he wants an outstanding bench warrant against him. I posted a question on how to collect. Here's the link in case anyone answers. Hopefully the info can help someone else. It is one thing to sue and to win. It is another thing to collect. http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=37261
  5. I successfully sued a collection agency under the FDCPA. They are a well known name and a wholly owned subsidiary of a publically held, major corporation. I have a valid small claims judgment in hand for approximately $3000. The time for an appeal on their part has passed. This corporation is licensed in my state to collect but is not a domestic corporation. They do maintain a registered agent in the state and that is where they were served for the initial case, which I won by default, and also for the creditor's hearing. Any ideas on how to proceed with collecting the judgment would be appreciated. Should I just invoice accounts payable and send them a copy of the judgment with the invoice? What if it is ignored, as the summons to appear in court were? The amount of money is small enough that it doesn't make sense to hire an attorney or outside collection agency. How can I pressure the company to pay up? Can the judgement get recorded on their Dun & Bradstreet Credit Report? If so, how? Thank you in advance.
  6. I checked with the state. The state is the beneficiary of the bond. I can download some simple forms and file a complaint with the state that they haven't paid a legitiment judgement as awarded by a state distict court and see what happens. I'm inclined to try to exhaust all other legal avenues before enlisting a state bureaucratic office to try to help me. The problem is that I sued in state small claims court and the co doesn't have any offices here BUT they do collect here from afar and so are licensed. I'd appreciate any legal tatics I could employ. The difficulty is collecting a small claims judgment from another state against a corporation.
  7. I got a judgment for $3K, the max allowed in small claims. I sued for FDCPA violations and was awarded what I asked for under a default judgment, plus costs. Still haven't been successful in collecting though. I waited until the allowed time for an appeals passed and filed for a creditor's hearing with a summons personally served to the registered agent. No shows at the hearing, hearing ajourned, still haven't collected. The saga continues.
  8. UPDATE: I waited for time to pass for an allowable appeal and then filed for a creditor's hearing. I had the corporation and the President/CEO personally served at the registered agents office. Of course, the President wasn't there but the summons was signed by the registered agent who then has a responsibility to notify the co. and officer in question. No one showed at the creditor's hearing and after speaking to the magistrate, she allowed for an ajournment of the hearing since the corp officer is out of state and the corporation is "foreign". I figured they'd would probably be a "no show" since they didn't show or appeal the judgement first time around. I thought the threat of a bench warrant might get their attention. Obviously, my goal is to get paid. What should be my next step? I can probably find out who the bonding agent is through the state, however, how can I make a claim against them for the amount of the judgment plus additional costs? It's fun to win but there is little satisfaction in symbolic victory. I want to kick these scofflaws in the shins and force them to pay.
  9. I successfully sued a national collection agency under the FDCPA. I was awarded the max under my state's small claims court limitation, (more than 1k, less than 3k). They were originally served by the court at their registered agent's address in my state by USPS Cert mail. The court also later notified them of their decision by regular mail and they had 7 days from date of decision to appeal and 21 days to pay. They haven't paid so now I am entitled to have them subpoenaed into court to show assets. The company is a for profit foreign corporation, (in my state), registered in Delaware and based elsewhere. They are licensed to perform collection operations here in my state and also have to post a bond here. My question is what is the best way to proceed? Should I subpoenae both the corporation and a senior control person? I am sure they received previous correspondance from their registered agent as nothing was returned. However, since they failed to show previously, I am not optimistic they'll show under a subpoena. Since corporate offices and likely their banking accounts are out of state, I'm not sure how much power I'd have, or the court, to enforce payment, and or, violation of a subpoena. Do they have a legal relief available to them, or would any strategies or motions be frivolous. Thanks for any advice rendered. The company is well known but I am keeping things vague due to continued action.
  10. We just became aware of a collection item on my wife's credit file. Collection company out of Texas. Disputed debt and they sent a copy of statement claiming unpaid fees from a long ago closed checking account in early 1999. My wife can't recall whether the fees are legit or not, but acct. was closed around the time we married and shortly before we moved out of state. She just wants to pay this and get it off her credit file. I say this is beyond Florida's SOL (5yrs) and can't be legally collected. Our current state of residence has a 6yr SOL, a few more months before it expires. Which state'sSOL applies in this case? The state where the account originated and was used or the current state of residence? Also, can the collection agency report this debt they claim is owed past the legal collection period? If the answer is yes, can they continue to report it if it is disputed and they have failed to produce a legal signature to show the account's ownership? We're only talking a couple of hundred bucks to pay and get it removed.
  11. Thanks for the help but already did that and still got "stale bread".
  12. I just logged on and clicked on reports. I noticed the date posted online was June 8. I signed up for the trial in mid May. I checked several times after I knew my disputes had been received just to see if any updates got posted and they didn't. Either they don't update frequently or maybe they aren't tied in directly with the CRA's databases. It seems that each day you log on you would get a "new" report?? I'm going to cancel after my trial anyway. Not worth $90+ to me to see old merged report(s) with FAKO scores anyway.
  13. I got a 60 day trial to PG to check it out and monitor CR's. Checked during dispute period to see if any results were posted, they weren't. Have got back results from two CRA's and checked in with PG to see if updated. It's not. I noticed the date of the PG report is early June. It seems to lag significantly from the CRAs. Not much good for monitoring if it lags by nearly a month, IMHO.
  14. Wife had a disagreement with CapOne that lead to her refusal to pay for awhile and the resulting increase in fees and overlimit charges. Eventually got ironed out between them and they were paid in full, although it came after court case decided in their favor. Anyway it is now reported as a "charge-off settled legally for less than the full amount". NOT TRUE. This item was NOT charged off and was paid IN FULL, in fact, the Judge ordered it paid, fees and all. We have disputed and it remains. It seems it is nearly impossible to get a CapPne tradeline removed.
  15. I've got the hard copy Exp. mailed. It has, from right to left, across the top, the following columns for entry: Source/Acct.#, Date opened/Reported since, Date of status/Last reported, Type/Terms/Mthly Pymt, Responsibility, Credit limit or Orig. amount/High bal, Recent bal/Recent pymt, Status Details. I think you have a merged report like a PG or maybe the online version of Exp. They are not reporting our dispute as "disputed". Under "Status Details" they have "This item was verified and updated on 5-2004". They also have the date under "Date of status/Last reported". We know it to be absolutely incorrect but not sure how to proceed, except to redispute. However, time is of the essence due to mortgage app.