Methuss

Moderators
  • Content count

    6,751
  • Joined

  • Last visited

  • Days Won

    16

Methuss last won the day on June 20 2014

Methuss had the most liked content!

Community Reputation

10,101 Excellent

About Methuss

  • Rank
    (Admin) Not grey yet
  • Birthday 07/26/1971

core_pfieldgroups_99

  • Occupation
    MIS

Profile Fields

  • Location
    Wesley Chapel, FL

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. While we appreciate having those of the legal profession on the board to contribute their experience, please be aware that we have a fairly strict policy against solicitation for services without prior approval from the board owner. This rule is spelled out in the "Please read before posting section." If you want to have permission please send a PM to "Admin" for review and if approved we will add you to our list of approved solicitors.
  2. Pretty much all States and jurisdictions allow for service by posting notice to a local newspaper or law journal if they cannot find you. This is common. Personal service is not required to proceed with a case. If you were unaware of this, you should do a little more research before throwing the BS card.
  3. Credit repair services by any company are generally a scam. They can do nothing that you would not be able to do yourself with a little bit of time. As a matter of fact, the FCRA gives credit reporting agencies the authority to completely ignore disputes and inquiries from companies like this. So you are just wasting your money. There is no "magic bullet" to credit repair. If you follow the methods that have long been published in these forums you will clean it up as best you can on your own with only a few dollars of postage costs. Anything beyond that just takes time to fall off.
  4. I have one word for this...BULL. You have no idea if the company approaching you actually has authority to collect even if it is some thing you think may be valid. The DV process is not just to ensure that a debt is valid but that the person trying to collect is actually authorized to do so. The collector is required to get the validation from the original creditor and then pass it on to the consumer. That shows the collector isn't just some company running from a list that they have obtained. Midland is among several collectors known in the industry to engage in fraudulent tactics to collect, and has been busted several times for shaking down consumers for debts they did not owe or that they didn't even have the authority to collect on. And they are not alone in the industry in that regard. This is not to say you don't pay for debts that you legitimately owe. We don't promote debt-skipping. But we do advise that everyone require any 3rd party debt collector to prove that they have the right to collect, that the amount is correct, and to provide proof of payment when payment is made. That is protecting consumers, not endangering them. And, it is telling the collection industry that they have to follow the rules that our legal system has laid down for them. Remember...The laws would not exist if the collection industry didn't first abuse the crud out of their position. As a well known radio host frequently says. "If a debt collector's mouth is moving, they are lying." Now if you are the sort of person that opens up you wallet to any stranger that approaches you and says that you owe them money without requiring them to prove it, you are welcome to send all your spare cash to members of this board. We'll just say it's compensation for wasting our time.
  5. Methuss

    Filing Bankruptcy in Chicago

    This thread is CLOSED. Advertising of services without staff approval is not allowed. EricJohn, read the terms when you signed up and the "Read Before Posting/Posting 101" thread from the administrative staff. MEMBER CONDUCT Direct solicitation of our members is never allowed. Advertising your services, or placing contact information (ie: your business phone number, business web address) in your signature is also not allowed except under special circumstances approved by the site owner. You can include that information in your member profile page. This does not include links to members' personal web pages, photo pages, blogs, date-me, rate my goat, etc.
  6. If the foreclosure resulted in a monetary judgment in a Florida court then the statute of limitation to collect on that judgment is five years. If the judgment was rendered in a court in anotherState, the SoL is TWENTY years. If this is the case, it can list on the CR for the full twenty years or until seven years after it has been paid, whichever comes first. Unpaid judgments (public records) do not drop off credit reports at the 7-year mark like normal tradelines do.
  7. Methuss

    If I defeat a JDB in court...

    In most jurisdicitons if you get a dismissal on a motion for summary judgment (with or without prejudice) the other side has to pay costs and fees. This can discourage resale on a tertiary market since the JDB had to pay out. Another JDB may not be willing to risk the loss.
  8. Methuss

    Should I file bankruptcy?

    The Statute of Limitations on the debt isn't necessarily what you need to be concerned over, given your current circumstances. I would be more concerned about the SoL on judgments. If you are being taken to court this is how long they can continue to go after you if they win the case. California has a 10 year (tolling) SoL on judgments with a 10% annual interest rate added on top. So the amount they potentially win can grow quite a lot. The tolling means if you move out of state or they can show you actively evaded their efforts to collect after the lawsuit has been won, the time they can show you did that is paused on the clock...so ten years can be stretched longer in those circumstances. If they sue you and your income situation improves they will have quite the hammer in hand. You don't mention an amount on the suit, but let's say it's the full estimated $15k and in five years you get a decent job. By that time it would have nearly doubled to $24,156. Ouch. But, bankruptcy is a personal decision. Numbers aren't the only thing to look at. It can have a very negative effect outside of the monetary/credit issues. And don't forget that in a chapter 7 lenders don't have to re-affirm a loan...so if your car is worth more than what you owe (which is possible if you are down to the last year or two on the note), the lender may opt to just take it and not let you pay it through. Your best bet is to speak to an accountant or attorney and see if the numbers really add up and then speak to a friend or pastor that you can trust to guide on the personal (non-money) side of the issue before making a decision.
  9. Methuss

    Private Investigator?

    Until the BK is actually filed, there are no bankruptcy stay violations. There is definately an FDCPA violation for continuing to call after being informed of retention of an attorney. It's also a definate violation to threaten to send someone to watch your house. Key word private investigator...ergo no police power...Just another citizen. So he threatened to hire someone to stalk you (nice). I strongly suggest you get yourself an in-line tap from radio shack so you can hook up a recording device and get this numb-nuts on audio making these threats. You are not required to tell this bozo you are recording if the call is crossing state lines or if they are masking their origination using ID blocking. If it is point-to-point within the state you have to follow state rules unless they are blocking their caller id. You can record id blocked calls on the premise that it is an unknown source of a harassing call.
  10. You may as well answer the foreclosure complaint. Take a look at the filing and see if they are claiming lost or destroyed Note. If they are, object. This is a short-cut many foreclosure mills use to avoid having to produce/dig-up the Note and Mortgage. If they have done this, forcing them into having to produce the docs to show proof they can foreclose will buy you several months. Even after foreclosure you do not have to leave until they file a followup eviction to remove you. The eviction is a separate case that can take 15-45 days to go through so move once you are served on that case. Many lenders are foreclosing and letting the former owner stay on the property on condition they simply maintain it. A house sitting empty with no power will eventually fall apart as they are finding out.
  11. You are only going to qualify for debt settlement if you have some sort of income to pay with. Based on your numbers, you don't. I agree that you should just toss the BK card and get a fresh start. Just learn from this lesson and stay away from consumer debt. If you get back on that train, you will end up at the same station again eventually.
  12. Methuss

    Is my BK ever going to truly be over?

    It is my understanding that through the end of 2012 you will not owe taxes on foreclosure deficiencies. A law was passed exempting this from taxation. There should be a check box on the 1099 indicating that it was mortgage debt to show it. Now this only covers if your foreclosure occurred after a re-affirmation on the original loan note. If your loan was never reaffirmed and the loan was discharged, you owe NO TAX on it. The lender was supposed to check a box on the 1099 indicating the debt was discharged in bankruptcy. If they failed to do so under these conditions they have committed perjury and you have to challenge the 1099 filing with the IRS. Your BK filing documents showing no reaffirmation and the discharge notice is all that is required to show this.
  13. Methuss

    Bankruptcy & 1099-c Im freaking out.

    Everyone so far is correct. If you were discharged of your liability in bankruptcy you owe nothing and it's not income on a 1099-C. There are only two possibilities as to why the lender issued a 1099-c in this case. Incompetency or Maliciousness. Given how lenders are about foreclosures right now it could be either one. Incompetency is more likely from a 'name-brand' lender like Citi or BofA. Malice is more likely from sub-prime lenders like Aegis and New Century* as their employees just do crap like this to inflict extra payback on bankruptcy filers. *New Century is currently being investigated in a criminal probe for a host of abuses including pressuring bankrupts into making payments by various means.
  14. Mostly true. Sometimes you ask questions to set up the respondent for the next answer you are looking for. (build a foundation) A good question for this custodian is how long they have worked for Citi. Which leads to if they actually were there when the records were created and/or maintained.
  15. Actually, in this case, legaleagle has some good cross examination points if you even get to cross their testimony. It seems odd that Citi would spend the money to fly in a records person to testify. There would have to be a large sum of money at stake for them to do this. But the 22 questions posed are valid questions which would lead toward discrediting the evidence if you can get any sort of admittance that the printed documents submitted to court could be altered. I've used similar questions to discredit printed billing statements where I showed the copy submitted to the court had different addresses from originals of the same time frame. Having managed a bank law department myself I can tell you CSRs change stuff all the time and banks get busted for bad documentation all the time. Most of the time they settle under confidentiality agreements so it never sees the light of day again. In this case, and given the current state of affairs with banks, I am thinking they probably do have their ducks in a row or else they would not go through the expense of sending in a records manager to testify.