marquez

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marquez last won the day on March 15 2016

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About marquez

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  1. Thanks so much for your responses. The landlord was aware of the bk before they got the eviction judgment, apparently. My brother called to ask about it and they said they always get the judgment granted, even after tenants file bk. So, I assume @Harry Seaward is on target and that the court isn't concerned that they didn't get the stay lifted formally after the filing notice, since the landlord essentially confirmed as much. I appreciate all your helpful comments. I'll make sure he starts packing asap. Thanks again!
  2. I am helping my brother wade through the bk process (not doing it for him). He filed a skeleton petition for a chapter 7 on Jan 29. On Feb 5th, his landlord's lawyer filed an eviction with the local District court. It was dated Jan 31st, and the notice stated that they had given him a notice to vacate on Jan 9. The Jan 9 notice was just a note from the landlord, not filed with the court, so it wasn't a judgment. The motion wasn't filed with the bankruptcy court, so it doesn't look like the stay was lifted or anything. The notice he received states that he will have a hearing on 02/21. His meeting of creditors is 03/08. If I'm not mistaken, his landlord is in violation of the stay of collections, isn't he? My brother wants to make up arrears ( behind on Jan and now Feb rent) and keep his lease. He is starting a new job, so I'm reading up on how he can potentially keep his apartment. It seems he will have to convince the Trustee that he can afford the lease. In this situation, I'm not sure about arrears, however. Does the Trustee just make the call? And if so, does the landlord have to agree? My brother has not violated his lease in any other way except non-payment. Thanks for your help.
  3. I took out 6 small-ish private student loans (between 3k and 8k), the original promissory notes dating between 2005-2007. All have since been purchased by NCT. They were serviced by AES for years. Once they became due, I paid every month on all of them, to the tune of 19k total between 2009-2013. In 2013, my co-signer declared chapter 13 bankruptcy and--I just discovered last week--he was able to list the loans from NCT on his chapter 13 bk and listed me as the sole responsible debtor. I found out that my co-signer's attorney included the student loans in his Chapter 13 bankruptcy and that they are now listed on his credit report as closed and paid in full, showing all payments paid on-time, which is not the case. On mine, they show as closed and sold to collections, so they've been a negative mark on my report for 4 years. His bankruptcy list of creditors noted that the loans would be "paid by the co-signer," so I assume that's how he got out of them. I had been paying for 4 years on the loans but NCT put them into a default status automatically because of my co-signer's bankruptcy, which is an odd catch-22 for me, since I was paying was and the one who got hit with the default. I only found out they were in default back in 2013 when I tried to make a regular monthly payment and was not allowed to do so. I was informed that the bankruptcy was the reason, but at no point did my co-signer or his attorney let me know this was going to happen, and I never knew he had been able to include them in his bankruptcy. I assumed his status was also defaulted. Is there some legal requirement that his lawyer or NCT should have disclosed this information to me? I also thought I should have been protected as the co-signer and not held liable for his bankruptcy, since he filed Chapter 13. If you think there's a case here, or if NCT or my co-signer's lawyer acted improperly, please let me know. I was shocked that neither my co-signer or his attorney notified me that they were listing me as the only responsible debtor and that NCT basically forgave him the debt, especially since I had made all of the monthly payments on time and was never informed that I was suddenly going to be the sole debtor on the accounts. That situation is what began the credit problems that eventually led to my chapter 7. Largely due to the domino effect of the incidents in 2013, my credit became severely affected and my cards started closing and lowering their limits. I finally filed chapter 7 last year and my credit has been much improved since then, the 6 NCT accounts now charged off and sold to collections, as of 11/01/2013. So, I've just been keeping my fingers crossed that nothing else would happen with them. Wishful thinking. About 2 weeks ago, Weltman, Weinberg, and Reis began calling on the loans and I got the dunning letters last Monday. I have denied knowledge of the loans. I will be sending dispute letters and requesting validation. I spoke with a lawyer who last year helped me win a lawsuit against Portfolio Recovery Associates for FDCPA violations. He suggested standing and the statute of limitations as two lines of defense for my situation w WWR/NCT. It almost seems like all I can do in my case is wait for a lawsuit, since NCT/WWR will be unlikely to produce proof of ownership. Or, if the SoL is 5 years, to hope nothing happens until after this time next year, which seems unlikely. I believe the statue of limitations for written contracts is 15 years, but I've read conflicting information about Kentucky's laws regarding debt, and I've read that generally, most debt is subject to the 5 year SoL, so I'm a bit confused on that. If it were a motion for a judgment I would know a little better how things might go, but with just having this new collection starting, I want to make sure I do things to ensure I don't get more hits on my credit report. I'm kind of sick of taking the fall for this over and over again. Secondly, I'm waiting on a judge's decision for a MTD that I filed for my brother in early 2016. He has been sued by NCT for a loan that defaulted in 2006. We used standing as our reason, as I think 15 years is the SoL, and I believe his co-signer had been making small "good faith" payments on the defaulted loans. NCT answered our motion to dismiss, but the judge made no decision on our MTD for lack of standing. Instead, while we waited for a decision, NCT sent us discovery, which we answered (denied all), and then early this summer, the judge sent a notice that the case would be dismissed because NCT had not moved forward. I'm still curious as to why the judge has not decided on our Motion at all. NCT, of course, submitted a request more time and the judge granted it, so the case is still active and our motion has been ignored by the judge. I'm really confused on both of these NCT situations. If anyone has any thoughts, please let me know. Thanks so much. The knowledge and advice on this forum are the reasons why I've been able to weather so many of these challenges.
  4. So, the show cause hearing was this morning. I'm very frustrated, and I'd love to know if you guys have any thoughts on this. It seems like this judge was giving me a VERY hard time, and I feel like an idiot. The finance company representative did not show up to court to answer the judge's questions about the interest rate on the loan. The rate of the original loan was very high, at 36%. It was a small amount, just 2000 dollars. I was fine with making the payments of 180 and included that in my schedules, and I showed in my paperwork that I could afford the payment, not to mention the car's value is around 3000 dollars, so I felt like this was an ok agreement. The company rolled the APR into the reaffirmation and showed it as a 0% interest rate, but the principal, obviously, was the combined principal + interest on the original debt. The judge, at the first hearing to approve the agreement, gave me a lot of trouble about having the APR "buried" in the new agreement and made a big show of ordering the show cause hearing. Some of his comments to other lawyers made it seem like he was overly dramatic, and he was surprisingly difficult for me to talk to. So, today, he rips me a new one for taking the loan in the first place, saying that a 500 dollar addition that I made to the loan earlier this year in order to have my pet diagnosed and euthanized was frivolous and "that money should have gone to your creditors," and I responded that I was in no position to pay my creditors but that this loan was still the same payment amount and that the money was not used for extensive tests, but merely to have a diagnosis made and a euthanization performed. He asked me about my income, and I repeated, as I had before, that I had worked 2 jobs--one a part time lecture position which didn't pay much but allowed me time to finish my dissertation. The other had been a 40-hr a week job as a server, which paid the bills, but which kept me from having the time to finish my PhD. And that now that I only have the one job, I am going to be graduating in December. He said "so you don't have a job." and I said, "I'm a teacher, and that's always been my main job." He said "you're not a teacher, you're an adjunct and you only make ___ per course," which seemed way out of line to me. I repeated that the finance company had been flexible with me and that the loan was small and I needed my car to get to work, and he said it didn't matter, that this seemed shady, and that he wasn't going to approve it. Am I insane for thinking that this was way more complicated than it should have been? 180 a month is not a lot of money. Especially for a car that books higher than the loan, and especially since the judge denied my application for a fee waiver because I have an extra 23 dollars a month, which he said I can use to make monthly payments on the filing fee (to be fair, he reduced the fee from 385 to 100). He seemed very rude, and after some of the unnecessary comments I heard him make to attorneys who represented creditors, I can't help but feel he was giving me a hard time because I'm filing pro se. Any thoughts? It's my first time doing this, and I am really upset right now about the way he acted, but maybe this is normal. My finance company at least said they'll continue to let me pay payments and that the reaffirmation wasn't necessary. But, wtf was this judge's deal? He seems to be using his power to punish me, under the pretext of protecting me from a predatory lender. But come on. A 2000 dollar loan?
  5. I filed chapter 7 pro se and went to the meeting of creditors last week. It went smoothly. Then, I had to go to a hearing about two items: 1) my request to have the filing fee waived (judge ordered me to pay 100 in 4 installments, so that's not too bad at all!) 2) approval of a reaffirmation agreement between myself and a finance company who had made a small loan to me with my 2002 accord as collateral. So, that's where my question comes in. The creditor was fine reaffirming. They took my principal + interest (VERY high interest rate) and rolled it into the new principal and called it a 0% interest reaffirmation agreement. The judge asked me about it and I said that the interest was included in the new principal. So, he ordered a show cause hearing to find out why the finance company did this. The hearing is next week, and I just have two quick questions for anyone who's familiar with this process at all: 1) will I need to go? I planned to go because I want to be on the safe side, but I'm not sure what's expected of me and I want to be prepared. 2) what is likely to happen? Is this happening because the judge plans to order a new agreement with the interest changed? Will I be in danger of losing my car? I didn't ming paying the interest, honestly. The loan wasn't much, so the interest, while very high, didn't amount to a whole lot extra per month, and I just want all of this mess behind me. I only filed because I was getting sued and having trouble keeping up with answering and trying to fight all the lawsuits, and a default judgment had just been ordered and I absolutely cannot afford a garnishment and didn't want to risk trying to file more answers or appeals to stave off what seemed to be an inevitable loss anyway. My score has gone up by over 100 points now, though I know that doesn't necessarily mean anything, and I have 0 desire to get any lines of credit any time soon. I'm gonna just live lean from now on! Any advice or experience you can offer about the show cause situation would be very helpful. Thanks so much!
  6. He's doing it. I'm not trying to represent him. He's letting me help him file answers, but he's filing his answer as a pro se defendant. I'm doing all of the work, but it's all in his name, obviously.
  7. I'm trying to help my brother with a 33K lawsuit from National Collegiate Trust. The loan was made in 2006. He had a co-signer whose last payment was made about 2 years ago. She is dealing with a suit against her for the same amount, but they have sued my brother separately, so I am hoping his case is entirely separate from hers and that the SOL is an immediate option for defense. Also, I spoke with a lawyer who said Standing should be a good defense, as NCT provides only 2 pages of the original loan doc from Chase & no proof that they own this loan. Lastly, the original complaint (at least, the one we have in our possession) is not signed by the attorney. That seems to be a problem, but I'd love to know if you guys have thoughts on this. Is it worth mentioning, or does that matter? It's now at 22 days past service, unfortunately. My brother didn't get me this info until the weekend, so I'm hoping to file for an extension. I can rush an Answer and file it today, but I would need to spend all day working on it and I'm kind of stressing because I don't want to file something incorrectly. Any help or input would be greatly appreciated!
  8. @nascar I have been going back and forth about it for over a year. I had been fairly set on filing, but I owe less than 20K & my highest debt is 5K, with most of the others under 2K. People have told me it really doesn't make a lot of sense to file in my case. I have managed to keep some things from hitting my report, and a Discover lawsuit was dismissed with prejudice, so I have been biding my time, trying to figure out what to do. I feel very stuck. I would love to file bk, as it seems so much simpler than dealing with all of these. I just get mixed advice, and I'm not prone to making decisions quickly. I'm very unsure about how to proceed & I've just been answering these as they come in. I have about 15 creditors, total. All for very low amounts. Several are actually under 1K. So, it has seemed that I might do well with using arbitration in a number of them (excluding capital one, obviously). Currently, 3 cases are pending after I filed a motion to compel arbitration. Waiting to see what the creditors/judges do. A Portfolio Recovery case was denied by the judge, and I found an attorney who filed an appeal, which he thinks we'll win, in addition to FDCPA violations for which we're going to sue. I'm trying to get the best advice I can. I'm not averse to working to keep the damage to a minimum, but I don't want to spin my wheels, either. I know I am a prime bk candidate, but my score isn't as even low anymore as it was when I was paying all these cards on time (which is insane). I'm sure it's going to get worse, though. I've noticed things hit with little rhyme or reason, depending on the creditor and the reporting agency. Please let me know if you have any insight or advice to share. I'm all ears. @CCRP626 I don't know if KY holds a hearing for certain motions. When Discover dismissed, it was approved with no hearing. And when the judge denied the MTC arbitration in the Portfolio case, I just got a notice in the mail. There was no date set. So, should I just call them and ask them to send the agreement? I'm confused about what this agreement even does. I guess it's still a judgment, but it's keeping me from a default judgment, correct? In other words, I'm just mitigating the potential damage from a summary judgment by offering a payment arrangement? I will say that I dealt with this debt collector years ago and they seem more legit than others. Maybe I should just get it in writing and make payments?
  9. @CCRP626 Thanks for the input. I contacted the attorney @CommoSGT suggested here in Ky and he is going to file an appeal on a denial of my MTC with Portfolio Recovery, and said he hopes we can get it to federal court. Really cool guy, and I'm thrilled I found him. He is hoping to get as many good decisions on record so we can have helpful precedents, so I hope this case will be useful for him/me/others. The Cap One situation, however, didn't seem to interest him. So, from what I've read regarding the procedure here in KY, I need to contact the Plaintiff's attorney to ask for an extension. It seems that getting an extension granted by the court would be a formality, and that as long as the plaintiff agrees, it should be fine. After having called their attorney and having made an agreement with them by phone for 50/month (I never admitted I owed the debt), should I now contact them and let them know I want to file an Answer? Should I try to take this to trial?? I feel like I have no leg to stand on. I assume the reason for taking it to trial is that they'd hopefully just dismiss it? The amount they say I owe is roughly 1900 dollars. What would you do if you were in my shoes?
  10. @CCRP626 I didn't get the account until 2012, so it was a couple of years after they stopped doing arbitration, unfortunately. And in Ky, garnishment would far exceed the 50/month I am agreeing to. It's kind of a bummer all around. Let me ask you--since I already missed the 20 day deadline for answering, there's really nothing I can do, anyway, right? And even if I did file an answer, seeing as it's the OC and there's no arb clause, I don't think I'd really have much to work with in terms of an answer. I also am still confused about the judgment. They're going to submit the agreement to the judge, so it's still going to show as a judgment, but what you're saying is that it would be different from a default judgment? And that if I don't meet the conditions of the agreement, they will seek a summary judgment and that would be a situation where my wages would be garnished? I had a judgment years ago, when I was really young and clueless about what all of it meant, but there was never any pursuit of a garnishment or anything. It's odd. There was a judgment, but no further action. It eventually just dropped off. Thanks for your input, by the way. I am challenging every other lawsuit, but right now, this one seems exceptionally difficult, so my inclination is to just let it go. There is a 2nd Cap One account that I suspect will be forthcoming, and I think I will answer that summons, when it happens, just to know I tried. If I had noticed this one didn't have the arbitration clause earlier, I probably would have answered, but alas, I waited until the very last day to start an answer :/
  11. @Clydesmom I saw when I read over the Cap One agreement that arbitration was not an option, which is why I am not sure how to proceed. It seems, especially since it's the OC, that I should settle. So, today, I called the attorney/debt collector who is representing them and they agreed to monthly payments. However, I realize as well that this will not stop a judgment from being entered. I gather that unlike other creditors, a lawsuit from Capital One is difficult to challenge successfully. Do you think a small monthly payment was the right decision? The amount they're suing for is 1879.00 and I offered 50/month (which is actually more than I can afford). They said they'll send our agreement to the judge and there will be a judgment entered, but that this should suffice as long as I keep my payments up. I can't think of any other recourse, but if you have any suggestions, please let me know. I appreciate your insights and knowledge very much. I am currently working on an answer to Midland Funding, so hopefully that will be easier. I had success using arbitration with Discover, so I hope that Cap One is the only creditor who will be this difficult. Again, thank you for your help. I'm trying to clean up a lot of financial messes and it's daunting, but this forum has been a lifesaver.
  12. Sued by Cap One and just realized the summons was served on 03/02, so I am actually going to be 2 days late if I do answer. I'm thinking I should settle, however. Representing law firm is a debt collector, but I called and asked them to confirm whether Capital One still owned the debt and they said yes. They are representing them, is all. The amount they allege is 1,879. The amount they'll settle is 1,695. I could not remotely come up with that amount, but they will take 50/month and send the agreement to the judge. My income is INSANELY low, so I don't know how a summary judgment would work w/ garnishment, or how long it would take to go into effect. I'm guessing I'll have to bite the bullet on this one and pay the 50 bucks, knowing that Capital One won't remove it from my credit report and it likely won't do any good. My thought is that it would at least be less than a garnishment. Anyone have any suggestions? The supporting docs were a statement and the card agreement. I saw a lengthy answer from another board member that i have considered filing, which essentially says there isn't enough evidence, signature on contracts, record of amounts, etc. I don't know if that's a good way to go, but i'm already late filing, anyway. I just want to be sure I take the best approach. I am trying to avoid bk, and all of the other debts I've got are being handled by jdb firms (except one other Cap One account). Discover already dropped their suit because of the MTC arbitration, so I am hoping that will work with the other creditors. My debts are generally under 2K (2014 was a horrible year and I just couldn't afford minimum pmts anymore, and credit rating was so low anyway bc I was maxed out). Anyway, I feel like I keep coming here and bugging the crap out of you guys, but it seems like all kinds of new stuff keeps coming up that throws a wrench into my plans, so if anyone could take just a moment to let me know whether I should just start making payments, that would be really helpful. Thanks again for all your help
  13. @CCRP626 Quick question: I went to the Appeal section of the clerk's manual, and it says civil actions have 30 days, but it also lists Small Claims as an exception, and lists the time limit at 10 days: Civil Actions, CR 73.02 30 DAYS Exceptions: Small Claims, KRS 24A.340 10 DAYS I'm a little concerned now. Did I miss the window for appeal? My case is small claims, isn't it? The amount they're claiming I owe is around 1,700 Thanks. EDIT: I think I just figured out the answer. It looks like small claims is $1,500 or under. I thought it was 2,500. Sorry! Thanks for your help! I guess I could have looked this up before posting, lol.
  14. @CommoSGT I am actually looking at paralegal programs, seriously! I'm going to have a Humanities PhD soon, which will get me nowhere, professionally, if I want to stay in academia (adjunct teaching is my future, I suspect--poverty-level pay and no time for writing or research). So, with a doctorate in hand, I'm thinking about whether it would make more sense to try for law school (I hear the field has been on the downturn lately and, hence, getting in and getting funded is easier, though job prospects are not as good as they used to be) and whether I would even want to be a lawyer or be good at it, or if I should enroll in a paralegal program. I know I reeeeeally want to learn more about the law, especially after interacting with all of you guys. I think the PhD, along with a good LSAT score would be useful in a law application (I think?), but I don't know if, after being in school so long, I would be up for 3 years of such intense work. Even the comparatively small salaries that paralegals average would be more than I have any expectation of making with this dang degree I'm getting. I am happy with the work I do now, but I like knowing how to do a lot of things, and working on these lawsuits has been rewarding, if difficult. My brother is being sued for an old private student loan from NCT and I'm hoping to help him with a good answer. I'm soooo tired of seeing corporate greed rule the day. The majority of these companies are so unethical and it makes me so angry to feel helpless against them. I have watched so many people become broken down by this kind of stuff. The long and short of it is that I will probably be in school forever, lol.
  15. @debtzapper THANK YOU for the vote of confidence, and for the suggestions. I am going to campus today, as one of my closest friends a law librarian (didn't even cross my mind to talk to her til you mentioned it!) Filing paperwork this week. I will post as things progress. This crap makes me want to become a lawyer, lol.