creditdummy

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About creditdummy

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  1. We had a boat reposessed during bankrupty... after filed...... got it back, never reaffirmed... but got an alert they indicated 4 late payments after they returned the boat? Is that leagal?
  2. Thanks.. I'm starting out, filed chapter 13 confirmed in December 05' and still reading and reading and looking for right way to start? repair? rebuild? etc..... so much info it is almost overwelming... Hope your right in previous post...... (I'll be talking and walking the lingo in no time, LOL!) Just wanted to say THANKS! This was a great help... in how to organize... Ibought a binder in the begining and found it way to hard to organize! or how I would track it all! Thanks for the tips! And I'll keep reading and reading........I'M ADDICTED!..... Now, I have to start, LOL!
  3. Thank you for the help. At the time of the filing there was no need. But they were listed as one of our banks. This occured after the original filing. An automated charge took place from a credit reporting agency and put the account in the red. Then this bank charged $5.00 a day for each day.... Long story. But husband was working with bank and they were supposed to be researching it next I know he is yelling this morning that a collection agency is calling him......
  4. We filed Chapter 13 in October of 05. Got approval of plan in January of 06. Question: My husband was contacted by a collection agency today regarding a debt I'm not sure was inculded? It is from his bank for overdraft fees, which he has been working with the bank on clearing up? Thanks Please ask question if you need clarification.
  5. I appreciate it. I still have a question. If I file Chapter 13 on Monday, does the automatic stay, apply to the warrant? If only hubby would listen to me Pig headed man he is
  6. Specifics, I hope I can make sense of them: A default judgement was given sometime in 2004, for a Citibank debt. In May of 2004, we refinanced our home, (knowing nothing about the default judgement), this payoff was required by the lender to meet income criteria, and as per the HUD-1 Doc, The title company was to pay off citifinancial in full. (a little over $2,000.00) Received sheriff notice back in January for my husband to appear in court on X date. I went, since he works and we can't afford for him to lose the time out of work for a bill that was paid. Brought the HUD-1 Doc, and showed the attorney, they called Citifinancial, and low and behold it wasn't paid. The continued the case to Feb 24, 2005, to give me time to look into it. Next step, went to an attorney, regarding the closing on the house, showed him all the docs, and explained the confusion surrounding the closing... (long story).............and he said I think we have a case. This lawyer sent a letter the the title company back in 'Feb requesting there copy of the closing documents. No communication other than that letter. I ASSUMED this lawyer would contact the Citifinancial lawyer.............. since that is what brought me too him. Guess not! On Monday, received the leter (via regular mail, return service requested, stamped on envelope) posted above to appear in court on Thursday. My husband will not be attending as he is in Maine for work, so I am worried about them showing up at the house and taking him away to jail, as stated in the sheriff letter. The bankruptcy question is: I've been working on getting the paper work together and filing, and was wondering if I file it now. Does it void the civil arrest warrant since it is for a credit card debt? I hope, I made sense of this all for you, because I really need some advice. If you are unclear about something, let me know. Thank you so much for your help.
  7. It says CAPIAS CIVIL WARRANT OF ARREST Judgement Creditor (or creditor's attorney) who must arrange service of capias LAWYERS NAME AND ADDRESS JUDGEMENT DEBTOR AGAINST WHOM CAPIAS IS ISSUED NAME AND ADDRESS TO ANY OFFICER AUTHORIZED TO SERVE CIVIL PROCESS: The Court considers the above named judgement debtor to be in contempt for failure to appear in court as ordered. WE COMMAND YOU, therefore, to arrest the above named judgement debtor and forthwith to bring him or her before this Court to answer for his (or) her alleged contempt. This capias expires on 2/24/2006 The Court has not authorized an arrest under this capias to be made after sunset FURTHER ORDERS OF THE COURT nothing listed Signed by Clerk Magistrate If it is a scare tactic IT WORKED........ attaced is a letter from the sheriff department Please be advised that due to your failure to respond to previous request to appear in court to clear you outstanding warrant a final court date has been assigned. If you do not appear in court on the date and time listed below, a warrant team will be assigned to arrest you. You may be held in the house of correction until your case can be heard. You must apear in the attleboro district court on Thurday, April 14, 2005 at 10 am on the second floor Sgned Benton Keene III deputy sheriff....................
  8. For some reason I can't get there, but the state is Massachusetts, will that site have access to all states? Thank you so much for your help I truly appreciate it.
  9. via regular mail from Sheriff, with judgement to be held til court, or (second chance) show up tomorrow...... It's actually my husband......... I went to first court date for him and showed them that this should have been paid via a refinance, and as far as we knew it was..... As per the Hud-1 docs....... they called it wasn't. Hired lawyer to research the transaction with mortgage? so when he doesn't show up in court, he'll be in Maine, will the sheriff come take him away?......................... Thanks for the help! Was going to file the papers myself on Friday, to stop the arrest if i can! fast and furious BK?
  10. State = Mass My husband received in the mail a capias order from the court, with letter from sheriff telling him to report to court tomorrow Thursday, (received on Monday) via regular mail? Is this proper service? I read one of the sites, and I thought it had to at least be sent certified? Any help would be appreciated, especially since he is out of town, and there is no way he can go, now I fear the sheriff showing up at the door to take him away in hand cuffs? As a side note, I have already presented to this lawyer that this should have been paid by the title company, when we refinanced last year. As clearly stated on the Hud-1 document. Also retained a lawyer to track down why it was not paid................ Thanks, I know it is confusing, but any advice would be appreciated. Also posted under bankruptcy, if we file, Friday for BK 13 would this take away the sheriff's right to take him away if it was properly served...... Thanks again!!!!!!
  11. Does filing a bankruptcy, Chapter 13, stop any capias that was issued and outstanding for not showing up to court for a credit card debt? And how should you notify them? The attorney, or the sheriff, or both? Or is the capias/warrant still valid even though you filed bankruptcy, after the court date that was assigned. I live in Mass. Thank you!!!!!
  12. Since there was so much confusion over the HUD document, I actually had the lawyer here, who was representing them, sign a doc, saying she wouldn't turn over the signed package unless they agree to.... send us a revised copy :0 Wasn't sure If i could find it but I did.... Thanks for all the help and advise.... =c=
  13. Lovely, I admire, you just for what your doing....... I know nothing yet, so can't offer advice..... but, Wow, I hope with this board... I can learn enough.... to do just this Congrats...... and keep moving.... forward......
  14. You were correct, I was confused because my loan says the origintation date is 5/25, and we signed papers on May 6... which is the date the loan was finally funed, after they kept messing up... And very confused, about why title company, didn't fund... Do you have any ideas where I can look up the law on this? Thanks for your help.... -k-
  15. What is the official date of Mortgage Origination? Is it the date signed? After the 3 day recind period? What happens of title company does not pay creditors listed on the Hud document?