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About LorneReams

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  1. My fear is that I will show all evidence of it being paid, but they will not show up...basically I think they are doing this to mess with me. If I counter for a FDCPA claim, even if it's a stretch, at least they will have to show up and defend it or I'll get a summary judgment. I'm thinking they may drop the case if I do this. I was going to use: § 808. Unfair practices (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law I'm challenging that the DC can claim I owe them court fees for a paid debt. I have emails stating they refuse to drop the court case until I pay the court costs. I'll probably lose, but they have to show up and defend it, and since the counter just gets added onto the existing case, they have no argument for additional fees for showing up as they would have had to show up for the case they initially filed.
  2. Can I claim a FDCPA violation for they not dismissing the case when they admit they are only suing for court costs and the debt has already been paid? The court costs are a cost of doing business...it would be like the collection agency charging me for the paper to write the past due notice even though I had already paid the OC. I was going to counter with a FDCPA violation, but I want to make sure this is ok.
  3. This will be hard for me to prove. Am I really responsible for court costs? That seems crazy. I would assume that would be between the OC and the DC. I had nothing to do with it.
  4. For the last year or so, I've been having a dispute with a doctor over an insurance issue for approx $300. I was under the assumption everyone knew what was going on, so I let the insurance take care of it. About 9 months ago I receive a notice from a collection agency that comes asking for this money. I tell them the insurance will pay soon, and they treat that contact like a dv and send me the backup. The send a few more notices, but I'm assured by my insurance that they are going to pay soon. A few weeks ago I receive a CMRR with a small claims summons in it for the $300 plus the court fee of $30. I'm flabbergasted. I call the insurance company, and they say they paid. I go to the original creditor, and they say my account is PIF. I contact the collector and this is what they email me back: ** You still have a balance of $35.32 with our office This is the court cost. Contact us to pay this balance, then we can dismiss the case and close our files. ** I write: ** The payment was already made to the medical office for the full balance they quoted me. I was told I own no additional funds to them. The delay in payment was due to a miscommunication between the office and the insurance company. This was further exacerbated by the fact that the office would not except payment until the insurance issues were straightened out. I don't recognize ever doing business with you or your company, and I never asked or required your services. I consider this matter closed; if you need me to provide proof of payment in court, I am willing to do so. ** And they respond : ** This case will not be dismissed unless you pay the court cost. Contact our office to make this payment ** I need to submit an answer by next month. What should I do? Just say it's already paid? This seems like such a stupid situation.
  5. Sent CMRR. Just got it back yesterday unopened refused. Is this a bad thing?
  6. Also, I'm pretty sure it's not mine. They didn't report to the CRs, but should I send a DV anyway? All the advice seems to link DV to disputing with CR. Can I use the standard letter?
  7. I have this local collection agency that's giving me a hard time. The debt is clearly not mine, but I find it humorous the way they try to get me to pay, "to avoid legal action". Well anyway, about a year ago I finally grew tired of their calls and sent a debt validation and verifiaction letter with the standard limited contact (mail only) statement. They never sent me anything and the calls stopped for just over a year. This morning I recieved a call from them and the lady (who I mentioned personally in the letter, I double-checked!!) left her name and nuber on the answering machine. I'm just wondering if that no call order has a SOL that I have to renew or something, which is why she would be calling. And if not, what should I write back. Now that I have her on my answering machine as calling me, what should I do. I think I could have some fun with this.
  8. Problem is, every single credit card I have seen has this provision in it.
  9. I don't understand this. If they don’t show up and you get a default judgment, all they have to do is file to get the judgment removed? Why would they ever bother showing up then, all they would have to do is keep never showing up and removing it. What am I missing? I always thought that if you missed a court case, you are screwed. Why do businesses get the advantage?
  10. Do you have to contact your current creditors to update the file, or will that happen automatically?
  11. If the account is old, I've had personal success having the lates removed by just disputing them specifically. Otherwise C.F. are a bunch of morons who seem to mess up and then say they can do nothing to help you.
  12. This is why I don't feel bad about blowing off CAs. http://www.miami.com/mld/miamiherald/news/breaking_news/7470180.htm Quote from the article: "Schlichtmann alleged the company had used hardball tactics to try to collect debts, harassing and abusing people by making false reports to ruin their credit, calling their neighbors, talking to children about their parents' debts, threatening to take people's homes, and taking people to court."
  13. I mentioned this before, but in MA, both parties need to be aware that a phone conversation is being recorded. Therfore it was determined that those little recordings at the beginning of the phone call stating that they may record the phone call is sufficiant to give you the right to record them with no further notice. This is because if they are giving you notice, they are also giving themselves notice at the same time.
  14. Most settlements are tax free because they are not considered income. This is because they are paying you for something you lost, so it offsets. That's how my lawyer explained it to me after an injury settlement. YMMV however.