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About Ronalddog

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  1. Sorry - the debt validation "strategy" just didn't work for me. I am interested in other people's experiences about it.
  2. Watch out hiring a contingency lawyer - they will want you to pay the "costs" which can be very expensive. They'll nickel and dime you on everything (.25 for copies etc.) It is probably better if you do it yourself. If you get in trouble you can dismiss and then hir a lawyer.
  3. Also you want to get his costs up as soon as possible. When this guy files an answer to your complaint, send him discovery requests the next day. Do as many interrogatories, request for production, and maybe even try to depose the "person most knowledgable" at the company. The lawyer will complete freak out and they will settle quickly. It costs about $2,500 to open a file in one of these cases for the CRA.
  4. Actually I would prefer federal court - it is more fair but there are more procedural items you have to watch out for. But the judges will probably help you along. I have found in state court that the judges are swayed by the same friendly attorneys they see every day.
  5. Originally posted by NanaC BK FRIENDLY CREDITORS Compiled by NanaC Clarifications: Listings based on earliest receipt of credit. Occasionally, something may appear to be listed twice. This results from the credit being somehow different, for example, secured and unsecured, credit limits, etc. STARTER BK CARDS: score bad. 1. Household - unsecured 300 - 5 mos., score about 560 ( ) 2. Cap1 - Secured and Unsecured ( ) 3. Orchard - Secured ( ) 4. American Online Secured Visa ( ) 6 MOS - 1 YEAR REBUILDING CREDIT: score low 600s 1. Cap1 - unsecured gold 500 ( ) 2. Orchard - unsecured $500 ( ) 3. Target Guest Card- unsecured 200 ( 4. First Premier - $200 ( ) 1-2 YEARS REBUILDING: score mid 600s 1. AT&T Wireless - No deposit ( ) 2. Cap1 Platinum - unsecured 5000. Yes, platinum. started w/regular card and negotiated credit line to platinum. (Wow!) ( ) 3. Cross Country Bank Visa - unsecured - $300, then $600, then $1250 over time. * ( ) 4. Cross Country Bank MC - unsecured - $350 * ( ) 5. Dillards - unsecured - $500 ( ) 6. Circuit City – unsecured -$2000 ( ) 7. Western Security Bank - secured ( ) 8. 1/00 Direct Merchants Bank $1001 (Semi-secured) ( ) 9. Sprint PCS - $200 Assigned Spending Limit ( ) 10. Newport News/Spiegals/Eddie Bauer ( ) 11. Merrick - $1000, about 650 FICO ( 2+ Years Rebuilding: score low to mid 600's: 1. Aspire - unsecured - $500 ( ) 2. Voicestream - No deposit ( ) 3. Bank One Checking Account with Debit Card after 5 months usage ( ) 4. Mortgage Received (No specific name as more than one loan was found by those reporting receipt of mortgage loan.) 5. Nordstrom - suggest not applying on-line ( ) 6. First N.A. Nat. Bank - 3 years ( 7. Citibank MC- will consider post-7 years ( ) 8. Nextel - must be 7 years post BK, no dep. ( ) 9. Exxon - 4 years ( ) 10. Home Depot - 4 years ( ) ** 11. Bloomingdales - 3 years ( ) 12. Verizon - no deposit ( ) 13. Washington Mutual Visa secured card issued by Citibank N.A. South Dakota ( ) 14. Mervyn's ** ( ) 15. Generations (6 year mark!) - $1000 ( ) 16. Target Visa - mid 600's required ( ) 17. Lowes - 3+ years ( ) 18. Washington Mutual Mortgage - 3+ years ( ) 19. Nordstrom - 5+ years (www. 20. Wescom Credit Union - 5+ years ( ) 21. First Nationwide Mortgage - 5 years ( ) 22. Dell - $1500 - 5+ years ( ) 23. Nissan Lease - 6+ years (Please provide link if known.) 24. Phillips 66 - 7.5 years ( ) 25. Ford Credit - 5 years ( ) 26. Diamond Shamrock - 6.5 yrs ( ) 27. Menard's Big Card (Conseco) - $3000 - 5+ years ( ) 28. Capital One Auto Finance -14 % interest, score approximately 650 - ( ) 29. JCB Card - CE642 Special Considerations: 1. Bank of America - will consider post-BK if you have established credit and can show unusual circimstances (business loss, medical, etc.) 2. Citibank MC- will consider post-BK after 7 years 3. Citibank Diners Club - will consider post-BK if you have established credit and can show unusual circimstances (business loss, medical, etc.) 4. Federated (Pres. Club Visa)- 3 years post BK was able to override with explanation and good (>680) score 5. Federated (Macy's) Store Card - 2 years post-BK was able to override with explanation. Rejections (BK Unfriendly): 1. Lowe's (MB) 2. Home Depot (MB) ** 3. Walmart 4. Mervyns ** 5. Exxon/Mobile ** 6. Amex Green 7. Best Buy (Household)-Recently confirmed letter due to bankruptcy Ch 13 6.5 years 8. Citgo 9. Amex Optima Secured 10. Home Depot 11. CitiBank 12. Associates: Citgo (try manual 24 ms+, 3 good lines) 13. First USA (try manual 5+ years discharge) 14. Bank of America 15. Sears 16. Fleet 17. First USA 18. Mens Wearhouse 19. Monogram Bank = MB ** 20. Amex LOC 21. Juniper 22. Chase Manhattan 23. Target Visa 24. Corvette Mastercard 25. Target with recent BK discharge within 4 months** 26. UnionPlus 27. GM Card 28. Conoco 29. Robinson's May (a-holes) 30. Shell (No BKs) 31. Chevron Smart Suggestions: 1) Try Credit Unions 2) Ford is BK friendly
  6. I received a letter from Transunion a couple of weeks ago stating that they were not going to process my disputes because they thought I was a credit repair agency. I wrote an angry letter back CMRRR stating that I was not a credit repair agency and that I demanded that they immediately send me all correspondence that they claimed that was sent to them by any credit repair agency: of course they never responded but they did take action on my other requests in the letter (sending corrected copy of credit report to inquiries in past 12 months, removing collection TL, and their useless response regarding verification. Today, out of the blue I recieve the following letter: ************************************************* Thank you for contacting Transunion. Our goal is to maintain complete and accurate information on your credit report. We have provided the infomration below in response to your request. Re: General Policy The federal Fair Credit Reporting Act requires TransUnion to investigate, free of charge, information on your credit report that you believe is inaccurate. If yo uhave reason to believe that the fee charged by a credit repair company was too high, and/or its services were misrepresented, please let us know if you would like your situation to be referred for investigation by filling out and sending us the form below. With your permission, we will provide the information you send to the appropriate authorities. It would also be helpful for you to attach any brochures or documents you received from the credit repair company. What the h ll? Are they for real?
  7. Okay - look at Kurtzman v. First USA Bank Case No. C03-01515 JW USDC Northern District of California Mayes v. First USA Bank, Case No. C03-0527 SC USDC Northern District of California All of the documents are online with PACER - the plaintiff's got steamrolled in these cases with bad case law. The lawyers for Bank One (First USA) are sure weasels.
  8. I assume that the attorney obtained a default judgment against you in a court proceeding - ignoring a lawsuit isn't in your best interests - driving the attorney crazy on the other side is. Hinting that you were going to file bankruptcy should have gotten him off your back before the court proceeding took place. You will now have a judgment on your credit report for the next 7 years. What is going to happen is that you will be called for a "judgment debtor" hearing where the court will assess your ability to pay. Yes you should answer the discovery because if you don't the attorney will file a motion to compel with the court and ask for sanctions and will try to have you found in contempt of court. You must go to this hearing and must tell the truth. If you don't you will be found in contempt of court. If the court fines you, the fine will not be dischargable in bankruptcy. Once the attorney has your bank account information, he will attempt to levy on your bank accounts and assets (if any). If you get a job he will attempt to garnish your wages. You need to get yourself out of this hole asap. I would recommend filing Chapter 7 as soon as possible. As soon as you do, the automatic stay will stop all collections/lawsuits and judgments in their tracks. The filing fee is $200 and you probably could do the paperwork yourself. You can actually go down to the federal courthouse in your area and look at what other people have done. P.S. If you were truly "judgment proof" they wouldn't have filed a lawsuit in the first place.
  9. Okay I read somewhere else that they can't do that. I will research and get back to you.
  10. Apparently the Nelson case is good law: I shepardized it in Lexis and there is no negative treatment: Lexis summary: The district court dismissed the action, ruling that 18 U.S.C.S. § 1681s-2( did not create a private action. On review, the court disagreed. The court found that Congress limited the enforcement of the duties imposed by 15 U.S.C.S. § 1681s-2(a) to governmental bodies. But Congress did provide a filtering mechanism in 15 U.S.C.S. § 1681s-2( by making the disputatious consumer notify a credit reporting agency (CRA) and setting up the CRA to receive notice of the investigation by the furnisher. 15 U.S.C.S. § 1681i(a)(3). With this filter in place and opportunity for the furnisher to save itself from liability by taking the steps required by 15 U.S.C.S. § 1681s-2(, Congress put no limit on private enforcement under 15 U.S.C.S. §§ 1681n & o. The court found that the statute had been drawn with extreme care, reflecting the tug of the competing interests of consumers, CRAs, furnishers of credit information, and users of credit information. It was determined that it could not remake the balance struck by Congress, or introduce limitations on an express right of action where no limitation had been written by the legislature. Those people who lost (and recently) against First USA got bamboozed. See how this works - I ask a question and you give me a case - I research it and then everyone is informed. So let's go back to the debt verification after the initial 30 days and see if we can prove that is legally binding.
  11. No - I was on vacation in a different state and don't have my research with me - it has only been a day. I found three current cases in the United States District Court, Northern District of California against First USA in which First USA uses as a defense that an individual cannot sue a OC under the FCRA; only the state and federal agencies can - also an individual cannot sue under the California Fair Credit Reporting Laws because federal law supercedes. The cases were dismissed with prejudice (means you cannot file again) because of these two items. Use PACER and look up the cases for First USA. I will post what I found around 1:00 p.m. pacific standard time today. Also admin and swede if you want to ban me, go ahead - I try to be civil and get an adult discussion and I am continually "dissed." You tell me not to be combative so I put up a statement instead of an accusation and I am "dissed." It has only been one day since I posted the first post in this series and people are freaking out. So I misplace a question mark or an exclamation - is that a capital offense?????" What ever happened to not shooting the messenger for the message????