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jimsbobbet

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  1. I recently pulled my 3 credit reports, and one of my entries shows 13 payments 90+ late, as recently a 9/2004.. but the account was closed/charged off in 2002.. Can the OC still make late payment entries into the credit report after the account is charged off/bad debt? I have not been making any payments on the account since 10/2001. Jim
  2. Okay here is the 411.. I recently settled a large outstanding debt with CitiCard (it went to mediation). The result was the balance was paid (albeit at a 30% discount), but the amount paid was agreed to be considered full payment by both sides, and the judge also signed off on it. Now I have pulled my annual credit reports, and the balance I owed is showing as half of the original balance. I am getting a copy of the settlement agreement from the court house (my copy was never notorized), and a letter from the attorney that represented CitiCard in the case. My question is, should I send copies of both to the CRA's along with a dispute letter, or just dispute the entry, and then sue the bastards for violating the fair credit reporting act, when they fail to remove the entry? Jim
  3. Well the mediation finally got done.... It took an order by the judge to get CitiCard and their lawyer to the table, but they showed up. After 3 hours of presentations by me and Citibank, the mediator asked me how I wanted to proceed, since both parties were being PITA's. I looked him straight in the face and said I wanted a jury trial. You should have seen the look on the plaintiffs lawyers face, it was classical (jaw slack and a really surprised look). Then the Citibank lawyers on the phone started shouting at each other... The mediator asked me to leave the room, while he talked to the plaintiff. 20 minutes later the plaintiff agreed to drop all interest charges, lawyer fees, and accept my offer (which was very generous 11K out of 16K they wanted). I talked with the mediator afterwards as we were walking to the parking lot, and asked, 'How he got them to accept my offer, when they were so steadfast before?' He replied that based upon what I presented, he would take the case for me (if he could), because it was a cherry, and knowing the local juries, I would win, and could countersue for some real money. Jim
  4. My wife is meeting with an attorney tomorrow, to discuss her options. I have given her a list of questions to ask and get answered. Jim
  5. Sorry about the lag in responding. The state is Florida, the debt is within the SOL for Florida. Here are the details. Wife ran up a debt of about 11K with Citibank, turned it over to a debt counseling firm (previously thread). Never contacted by Citibank that the debt firm did not payoff the negiotiated agreement, until Citibank's Florida flunky mailed her a letter (11/03). My wife spend the next three months attempting to get ahold of someone @ the CA, but to no avail, send a DV in 11/03 after notification, but did not get a response until January 15, 2004 (got the green card!). Finally got a hold of one of the CA's 'assistants', in late February, the CA was willing to go 80% of the outstanding balance, she had 30 days to take the offer. 23 days later served a summons against my wife. The suit was file to intimate/coworse (sp?) her into settling. She file an answer to the summons, and we are off to court. I am going to have her send a second DV letter to the CA, and expect that she will get the same lame stuff again. At that point I think she should file a motion to dismiss on the grounds of lack of proof. Any other suggestions? Jim
  6. Just be aware, that attorneys in Florida that do collections are not required to be registered as collection agencies/agents. Jim
  7. Quick question, regarding validation of debts, and CA lawsuits. If my wife requested a validation of debt, and the plaintiff's attorney did not respond in thirty days, and all that was sent was copies of past statements, is this a valid reason to file for dismissal of the suit for lack of proof? Should she send a second request for validation? Jim
  8. File a motion for dismissal with the court on the grounds, that the plaintiff lacks evidence. Have the attorney for the CA, send a letter stating that he does not oppose the dismissal on those grounds. If you are lucky this matter can be heard ex parte and the CA's attorney might not even show up, if you talk to him before hand. Jim
  9. lazy8, You missed the point of the federal appellete ruling... businesses can record there own calls, but an individual (ie, the debtor, who is not a business), may not. I don't know about California laws, but in Florida, the judges are reluctant to vary from the statutes, unless there is a blatant flaw in the statute. Jim
  10. Okay, Here's the latest on my legal wrangling with the CA for Citibank. Had my day in court on my motion for mediation.. The opposing attorney, looked like she was going to crap in pants, when I showed up in a suit and tie, in fact the bailiff and the CA attorney both thought I was an attorney (must be the I don't give a sh!t attitude I presented, or maybe it was the suit, oh well). Ushered into the court, judge shows up just as the bailiff tells us to take a seat, totally flusters the bailiff. Judge and court clerk have none of the paperwork regarding the ex parte/short matter issues before them. Judge starts asking why people are there, and finally get to me.. I explain that I was there for a motion for mediation. Since the judge did not have the case file, I graceously handed her a copy of the motion. This definitely help my case, being prepared with an extra copy of the motion. She review the motion, then asked the opposing attorney if they objected to the motion. The only issue that the opposing attorney had was the request for the physical presence of an authorized representative from the plaintiff. The Judge then instructed them to have the rep from the plaintiff available via phone. So in the end, I got my motion, now onto the battle for resolving what amount, if any I am willing to let Citibank have.
  11. First, take a deep breath... it is not the end of the world. Next when is the court date? When did you receive the summons to appear in court? Did you get served by a process server, or receive a letter? Does it contain the case number. If you have a letter with a case number, contact the courthouse. and ask for the clerk of the court, make sure that there really is a case pending. If there is, hustle your butt over to the courthouse on Monday, and file are response to the summons, and a motion for continuence (sp?), with the court. If it is a valid lawsuit, show up on the appointed day. When your case is called, and the judge ask if either party has any questions or comments, mention the motion for continuence, and due that you were only served a week ago, you have not had time to properly prepared to argue the case at this time. Either the judge will grant the motion, or not... The other choice is to contact an attorney to argue the issue. On the off chance that it is a bogus case (ie they are bluffing), you are golden... They have not only violated the FCRA, but probably several Massachusetts laws as well.. Let us know, how this one plays out. Jim
  12. Very timely thread... I saw an article in the local Sunday paper, basically 1 in 7 Americans will file for bankrupty by 2010. Children are more likely to live thru a bankrupty than divorce in 2004.. Finally the greatest predictor if a person will file for bankruptcy is if they have a child. The article continues on about the simple facts that medical and college cost have risen an average 70% faster than income, including the fact that most of these households are dual income. Meanwhile the banks get fatter. At some point, the entire credit card industry will collapse, and when it does, the 1929 crash will look like a little stumble. Oh, another interesting tidbit from the article,, consumers add an additional 3 billion dollars each day to their debt. Jim
  13. tj34994, Yes your past CR's would be adequate proof, as they are probably the only thing showing the change in the DOLA. Question though, did the Credit Union contact in '03? If so they maybe using that date as a re-aging date,still illegal, but would explain the re-aging date. Jim
  14. Leadhead, Fla. Stat. ch. 934.03: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976), State v. Tsavaris, 394 So. 2d 418 (1981). Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Fla. Stat. ch. 934.02. Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10. A federal appellate court has held that because only interceptions made through an "electronic, mechanical or other device" are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991). There your answer FlaDave... Tape a conversation without both parties consent, and you break the law.. No judge will see it different in Florida. Paparazzi shots, are held to a different standard. Most courts have held that public figures (with few exceptions), have basically abandon their rights to privacy, thus that argument is mute. Jim
  15. leadhead, It is not a privacy issue, is it more of a lack of consent... For example if I take a picture of the beach, I can do whatever I like with it... Add some people, and now I need releases signed by them if I wish to use the picture for any purpose. The same holds true for taping conversations, people in general have a reasonable expectation that a conversation is not being recorded. In fact, I have in the past when dealing with customer service people, and have been pretty pissed, specifically asked them not to record the conversation. So if FlaDave or his wife, had verbalize in some manner that the call was being recorded, which would have allow the CA to either consent or hang up, then I think the court would allow the recording. Jim
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