Dr. Juris

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Everything posted by Dr. Juris

  1. A certain collection agency that will go nameless - but has a ton of money - for some reason, let me default them. I didn't dick around in small claims but went straight to County Court at Law. I sent out a big batch of discovery to them, and for some reason, they ignored that, too. I got $72,000.00 for violations of the FCRA (72 violations X 1,000.00) and $27,500 for libel. I'm just going to sit on this judgment until their appeal options diminish. After all, I accrue $27.00 a day in interest on it. An appeal will certainly be interesting, as I had 144 admissions deemed admitted, and they
  2. If I'm understanding you correctly, you've never been served in a lawsuit filed against you? Generally, a Plaintiff needs to show proof of service, be it through a process server, certified mail, or in some states, they allow service through publication and/or public display.
  3. They're not licensed in my state, but they haven't actually sent me anything in a LONG time - it's just still on my credit report. I filed my suit last week, and they should be getting served in the next day or so. I'm hoping they're stupid enough to either countersue, or to send a collection letter. I'll let everyone know how it turns out.
  4. If the CA has racked up ten violations, what would prevent you from filing ten suits and then a motion to consolidate? Other than the court costs?
  5. You could be a real a$$, and just go with "none". Or, you could try, "The card in question has never had a zero balance."
  6. I've read that creditors use magnetic tapes to update credit reports. Do all creditors do this? The creditor I'm concerned about uses software from Columbia Ultimate Business Systems, and I believe that software is what they use to report to the CRA's. My next question then, is this: Do creditors have to update every month for an item to stay on your credit report, or does it stay on a credit report until a creditor deletes it?
  7. A friend of mine recently settled a $24,000 debt with the IRS for $1,500. It all depends on how much money the person makes; that determines what the IRS figures is reasonable. Quick tip - Don't hire Ronnie Deutch, the TV lawyer who offers to settle IRS debts for $20.00
  8. So, I disputed a debt with PHS and asked for validation. They sent me the contract, and it doesn't have my name or signature on it, yet they refuse to delete. Anyone else have any experience with these guys? I'm getting ready to sue, of course, and am curious if I'll be the first here to deal with them.
  9. I don't know how things are in your neck of the woods, but I've seen that small claims court judges generally don't want to earn their salary, and that if a nonlawyer disagrees with a lawyer, the judge will side with the lawyer. That's in Abilene, Texas. Hopefully things are better where you are. But, if you're really planning on going to court, I'd suggest reviewing the rules of the court, if there are any. A friend of mine had an "airtight case" against a body shop who didn't do the job right or on time, but got his a$$ handed to him in court because he wasn't able to g
  10. CapOne charged off an account of mine well over a year ago, but they keep adding fees on the account every month. Does this qualify as reaging?
  11. They have something even worse - ChexSystems. If you're in this, no bank will open an account for you.
  12. Just thinking about additional validation games, and I was thinking, why not dispute whether the debt was actually charged off by the creditors, and request validation that it in fact was charged off? I'm guessing it would be a pain for some of the OC's to provide documentation of that. Anyone try it?
  13. Actually, it probably is mail fraud: Offense of mail fraud has two basic elements: (1) having devised or intending to devise a scheme to defraud or to perform specified fraudulent acts, and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme or specified fraudulent acts. 18 U.S.C.A. ยง 1341. Whether or not you'd actually be prosecuted for doing so, I'm not sure. But it's probably not worth the risk, since you could get five years. Especially since it's not impossible to get your way without breaking the law. You can't even circumvent it be using UPS or FedEx
  14. 2002TJ, Any chance of vicarious liability through agency, ostensible agency, or respondeat superior? I haven't seen any cases with those theories....
  15. I don't think anyone here is going to think you're an evil person if you defraud the CRA's. But the point was made that if you brag about it, the CRA's will take notice, and you'll screw it up for everyone else. Besides, who knows what kind of flag might get set in their systems if they find out you did this.
  16. Has anyone ever sued a creditor over a debt upon which the SOL expired, under the theory that since the SOL expired, the debt is no longer valid?
  17. Does it matter what job the CRA's have listed on their reports, if any? And is there any verification as to the accuracy of whatever you fill in on a credit application? I've read somewhere that professional jobs rank higher scores, so I guess I'm curious as to how the CRA's verify whatever job it is you choose to list.
  18. The debt is about 2.5 years, but it's very small - $300 card, and with interest and penalties, they're jerking it up to $800. I live in Texas, and in Texas, we have a great thing called the Deceptive Trade Practices Act. The DTPA requires you to establish three things: 1: You're a consumer. 2: The defendant engaged in a deceptive, false, or misleading act. 3: The act above is the proximate cause of your damages. So, my plan is to call up Cap1 and offer to pay in exchange for deletion, and tape record the phone call. If they agree to delete, I'll send them the money with no written agreement.
  19. I recently got a letter from Capital One that says: "At Capital One, we want to offer you this opportunity that can help you pay off the outstanding balance on your charged-off credit card account. In fact, you could settle this debt today for as little as 50% of the balance. Simple call the team at Attention. Take advantage of settling today. Pay only a portion of your charged off balance. etc. etc." For whatever reason, Cap has never sent me to collections, even though I had two of their cards that were charged off. Anyone else get a letter like this? And do you think they'll delete if I
  20. Here's a pic of the card. http://home3.americanexpress.com/uk/Personal/Cards/benefits/PC_Ben_AmCenturionInfo.asp
  21. Actually, I have an angle on the bankruptcy. This happened in Nevada, and NRS 101.060 says, in essence, that since GECAL didn't contest the bankruptcy, or include an express reservation of rights against me in the bankruptcy, they lost their right to attempt to collect the debt from me. I strongly suspect this is why they never sent the account to collections, and never asked me for any money once the bankruptcy went through. So, I guess the question is this: Let's just say that I'm wrong about their collection rights, and I do owe them $12k. If that's the case, aren't they guilty of furnis
  22. In 01/2001, my car was repossessed by GE Capital. My father was the cosigner on the car. Since then, GE Capital had reported a repossession on my credit reports, and showed an outstanding balance of $12k. In 2002, my father filed bankruptcy, and the $12k was discharged. I did not file bankruptcy. I asked TU to verify the GE Capital account, and they updated it to show that I have a zero balance, and that as of 01/2001, "Payment after charge off/collection". Is this what the CR should read? I'm assuming that payment after charge off is better than having the repossession on my reports, but