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About Kristin36

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  1. State is Indiana. Got a summons. Called the court clerk. Followed procedure for continuance. Faxed in request. Made sure they received it. Was told to call the morning I was to appear to see if granted. Was told by court clerk that it was granted. Was told that I would receive notice of new date. I opened up the mail today...and lo and behold!!! It's a default judgment order!!! I never received anything about a new date!! I need to get this vacated/dismissed, whatever. I wanted my day in court as I told the opposing attorney that I wasn't employed and didn't want to waste his time. Told him I would be willing to work out a settlement agreement as soon as employed. HE'S THE ONE THAT TOLD ME TO AS FOR THE CONTINUANCE (said he probably shouldn't give me that advice but he did). I don't know if they know anything about my bank account, and that has me scared too. Please help!!!!
  2. In a sticky in the Is There a Lawyer in the House Section: A debt collector which reports a debt to a credit reporting agency but does not have direct communications with a debtor could still be in violation of Section 1692e(8) of the Fair Debt Collection Practices Act, according to a ruling by a federal District Court. The court said that the FDCPA broadly defines the term "communication," and that the reporting of a debt to a credit reporting agency could be seen as a communication in connection with the collection of a debt. (Sullivan v. Equifax Inc., et al., No. 01-4336 (E.D. Pa. 04/19/02).) The court said the FDCPA broadly defines the term "communication" in Section 1692a(2) as "the conveying of information regarding a debt directly or indirectly to any person through any medium." The court noted that legal commentators have opined that debt collectors use the reporting of a debt as a powerful tool to gain compliance from a debtor with payment terms. "Because reporting a debt to a credit reporting agency can be seen as a communication in connection with the collection of a debt," the court reasoned, "the reporting of such a debt in violation of the provisions of Section 1692e(8) can subject a debt collector to liability under the FDCPA." This is why I thought that putting it on my CR and not contacting me MIGHT be a FDCPA Violation. I will let it sleep, but when the time comes....I'll get them if/when I can.
  3. Exactly my thought process. Thank you. I have my hands full enough with this other issue right now to mess with this particular CA (who is a scum-bag anyway). Oral agreement. Still within SOL I believe.
  4. Just pulled my credit report for an issue I'm dealing with and came across a different item that evidently was put into collection in 2004. I have had NO dunning letters, NO phone calls from this CA EVER. Suggestions on how to handle this? Thanks!
  5. We got a line of credit for Dental care from Capital One. They had a brochure in the dentist's office. Basically, you request a certain amount. They verify things with the dentist office. Upon verification from the dentist office, they tell you how much you are approved for adn they send it to the dentist. That is your 'approval' amount. You then pay so much a month to capital one. There is no card involved, just a line of credit. As you go to appointments and get things done, they subtract that amount from the balance. I'm not sure if your balance goes back up as you pay your bill or not. We are still new to the whole thing.
  6. UPDATE since the last post............ WE CLOSED YESTERDAY ON OUR VA LOAN!! Bruce..........YOU ROCK!!!!!!! We ran into some really STUPID problems, and it took 47 days, but AMORTGAGEMAN got it done! I ended up selling my house to my hubby. I'm on the title and insurance, but not the mortgage. I previously owned the house with ex-hubby and needed desperately to get him OFF the mortgage. Our loan is 5.5%, 30 yr fixed, (previously 8.125% 30 yr fixed) 0% down and I had MINIMAL out-of-pocket expenses. I paid all the closing costs (>5k). I made a nice profit that is being immediately put back into the house for new siding & windows, a new hot tub, new privacy fence and some interior changes that I am doing myself. Bruce....I know I put you through the ringer on this one and you ABSOLUTELY earned every bit of your money. I can't thank you enough for everything. You will be HIGHLY recommended by me forever. If anyone is in need of a great mortgage broker who KNOWS HIS STUFF INSIDE AND OUT.....if you are thinking you are stuck in a situation, PM me for Bruce's info because he will DO HIS BEST to help you achieve your dreams and goals. THANKS AMORTGAGEMAN!! YOU ARE THE BEST!!!
  7. Have received calls for the past 3 Mondays from a CA. The calls are a recording. This account showed up on my CR for about 4 weeks or so before I started getting the calls. I have yet to receive a dunning letter. Are they in violation? Thanks!!
  8. Update is that I just got the approval on the letter from my lawyer and his ok to send it. I'm sending it out in the next few days. Just want to make absolutely sure that it's ok. This is scary!
  9. Thanks everyone for the input so far. retmar, I made the recommended changes. Sounds MUCH better. Thank you. LadynRed, I took out the 1k stuff. That stuff always confuses me. Anything else? Anyone?
  10. October 21, 2004 Kristin36 My address My state OC Their address Attn: Recovery Department Their state RE: Collection letters from CA #1 & CA #2; Collection Calls from CA #2 and OC Internal Collections Department RE: (OC) accounts #XXXXXXXXXX, #XXXXXXXXXX, & #XXXXXXX To Whom It May Concern: This letter is to inform all involved parties that all the above-mentioned OC debts were discharged in a Chapter 7 No Asset Bankruptcy filed in the XXXXXXX Bankruptcy Court, on 05/16/03 and discharged on 08/26/03--Case XX-XXXXX-XXX-X. By OC continuing to list and place these accounts in collection and by reporting and verifying these debts as reporting correctly on 9/04 to the Credit Reporting Agencies, they are engaging in illegal collection activity on discharged debts. If all parties involved do not immediately Cease and Desist all collection activity and immediately delete these accounts from all Credit Reporting Agencies, on the advice of my Attorney, he will on my behalf, file Motions for Contempt and Request for Sanctions with the Bankruptcy Court, including, but not limited to, actual damages, punitive damages, compensatory damages, pre-judgment interest, post-judgment interest, all costs and fees, and any other amount deemed fair and just by the Court against all parties. He will also immediately report all actions to any applicable State Attorney Generals, the Federal Trade Commission and any other applicable entities. In regard to CA #2 and OC Internal Collections Department, I have received countless harassing calls over the past several months. These calls are documented on my caller ID and on a call log, as well as being witnessed by other household members. These calls consist of the phone ringing once and then the aforementioned companies hanging up, or letting the phone ring until I answer, then they say a FIRST NAME ONLY. Upon verifying that they are speaking with someone BY THAT NAME, they hang up WITHOUT identifying who they are or why they are calling. This constitutes harassment under the law. The attached sheet lists some examples of the most recent date and times of the phone violations. Also attached are copies of dunning letters from CA #1 and CA #2. The letter from CA #2 dated 10/16/04 is also after I spoke with XXXXXX at CA #2 on 9/30/04 and informed him of this Bankruptcy. These acts are a direct violation of the FDCPA. I do not expect to have any further communication with any involved parties regarding these accounts hereafter, except to be notified that the situations have been resolved per the FCRA and FDCPA as applicable. ANY AND ALL FURTHER COMMUICATION IS TO BE IN WRITING ONLY. I do expect to receive some form of written communication that these accounts have been properly taken care of. I look forward to resolving this matter amicably within 15 days of each signed and dated receipt of receiving this letter before pursuing legal means. Sincerely, Kristin36 CC: CA #1 CA #2 HQ CA #2 My Attorney Enclosures: Copy of dunning letter from CA #1 Copy of dunning letters from CA #2 Example of Phone Call Log Phone Calls from CA #2. XXX-XXX-XXXX (their ph #) 9/13/04 12:46 p.m. Caller hung up after 1 ring. 9/15/04 4:36 p.m. Caller hung up after 2 rings. 9/30/04 8:27 p.m. Talked to XXXXXX. He stated he would note the account as BK. He stated that he would put “BD” on account for “Bad Dialer” which would stop the auto-dialing. Phone Calls from OC Internal Collection Department XXX-XXX-XXXX 9/20/04 3:55 p.m. Caller hung up after 2 rings. 9/23/04 6:06 p.m. Was able to answer the phone. Upon saying “Hello”, man said “Kristin36?”. I said “speaking” and he hung up.
  11. 1 OC with 3 accounts - Verizon Wireless is the OC. NCO Financial and Allied Interstate are the CA's. NCO stopped and I finally got Allied to stop. Verizon had their internal collections dept (Qwest Corp, a division of Verizon) calling WHILE the CA's were calling. They have stopped for now. Yesterday my lawyer approved my letter to send to Verizon. They are still reporting as collection accounts AND they verified with the CRA's that the accounts are reporting correctly. Can we say...cha-ching $$?
  12. First, welcome to the boards. Second, I'm sorry about the situation you are in. Been there, done that. Third, I would still go to the post office or MailBoxes, Etc and get a PO Box for all your mail. Fourth, you might see if there is a Women's Abuse Shelter where you live. Contact them and see if they can give you advice on safety issues and things you can do to protect yourself and your children. Fifth, I would call each CC co and the CRA's (I'm not clear on who you called), explain the situation and see if they can immediately take you off those joint accounts or something. Maybe I'm wrong here, and if I am, someone with more experience will come along and give you some better advice. God Bless you and your children. Know that there is light at the end of all of this and that you are not alone. If you ever need to just 'talk' please feel free to PM me for my e-mail address. I'm a good listener and understand what you are going through.
  13. If you haven't already, you may want to post this in the mortgage forum.
  14. My point exactly. That's why I posted what I did. Although I did fail to mention that HIDING ASSETS is a white collar crime and carries with it severe penalities, up to and including prison time. Sorry for omitting that Doc.
  15. Business or personal BK? One doesn't have to affect the other. Which one is he filing for? Or is it indeed both? Regardless, from this website From the Cornell Law School website: Uniform Fraudulent Transfer Act. This site: states: I think that answers your question.