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bobdole369

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core_pfieldgroups_99

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    ham radio
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    Bench Technician

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    Fort Lauderdale, FL

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  1. OK so I found my own answer - My judgment is not collectable. My attorney filed suit against the only person he could - the person on the lease - lets call him AS Management out of Iowa. The owner of the property is an LLC set up to own the property- AB IGF Hidden Apartments. Checks are made out to the name of the apartment complex (say Hidden Shoals Apartments), who has a joint account with the AS Management. The LLC is the only person I could conceivably collect against as its a property owner. The AS Management is uncollectable as they don't have an account in FL. AB IGF Hidden Apartments cannot have a lien from this - they were uninvolved. AS Management also doesn't have a business presence in the state - they work through the Hidden Shoals Apartments front. Hope this helps somebody. I'm out so much money and I'm never going to see it. My original attorney won't even collect cuz he knows how bad it is....
  2. It depends on your initial CC agreement. It isn't cancelled, in fact it guides what the CA can charge. If it only says "reasonable collection fees may be charged" or similar - its up to a judge what "reasonable" means. I practically guarantee your original CC agreement has such a clause. Your using the account indicates agreement to that clause. Just like if you agree to waive a jury trial. Anything specifically not disallowed - is legal. Your state might have laws against such fees, but you'll have to find them. Usury usually doesn't apply in a CC collections case. It's not a loan, its a credit account.
  3. If your state requires licensing/bonding - and that collection agency is not licensed, you can consider that violation #1. However since your letters and accusations, and even telling them "you are breaking the law" will do you absolutely no good - just chalk it up and file it away. The CA knows they are breaking the law - they are banking on that you won't sue them for it. This is because in 95% of cases - it costs them nothing because the consumer doesn't do anything about it - and they end up making more money by violating the law. It probably costs them an hour and $50 or so to get licensed in your state. Not doing so might cost them thousands if you follow through. Does your state have an authority dealing with such licensing? A letter to them will get them licensed most likely - but that doesn't help you at all does it? You need to get a member of the authority to tell you that such and such company is not licensed. A screenshot or a computer file showing the same is probably not as effective as a letter from the state. This may all be moot - lots of states have laws that say to the effect of: Lawyers or law firms whose primary business is not debt collection, are not required to be licensed as debt collectors. Some states require everyone who collects debts to be licensed. My whole point - its not a huge deal. CMRRR indicates "Certified Mail Return Receipt Requested" Its the only method of communications you should be using with the law firm. You have now discovered the debt. You can initiate communications and establish that this is the initial communication with that law firm. It's shaky at best. (have they been sending letters for months? If so they could argue that your mother in laws is the best address they had and that initial communications occured months ago - if they push the point its conceivable that they don't need to stop collection attempts) The concept here is to establish that you now have 30 days to dispute the validity of that debt, and they must stop collection attempts until they provide validation. If they continue collection attempts during that time prior to validation - they violate the FDCPA. Now you have 2 violations or more of the FDCPA. These violations may be actionable for your actual damages, or $1000 each. Chances are once they are called out and must perform validation - they sell the debt somewhere else and yank the reporting.
  4. Never use the online dispute method. The recent 2006 FACTA amendment treats these differently than the well-known methods. Every situation is different, but if you have any actively collecting tradelines (getting phone calls/letters) - I would think those demand the most of your attention.
  5. bah this is so difficult now. I thought for sure I had a clear path to collecting.....
  6. I'm not a lawyer. "Why would they file suit at this high rate?" If the debtor ignores it and doesn't challenge it - they win by default at the high rate. In the event they find a winner and can attach bank accounts or valuable property or wages- they would get it. "a generic citibank agreement from 1999" Time-barred by SOL??? (depends on your state) Would need to assert this as an affirmative defense in your answer. Maybe whatever constitutes legal aid in your area (Florida has "Legal Aid" - Colorado "Legal Services") - i.e. legal help for the indigent. In any event whether you get a lawyer or not its terribly important to answer the complaint. At the minimum you can copy the header of the complaint, and deny every line item listed in the cause for action.
  7. I'm no lawyer. There are 2 kinds of dismissals. THe kind where you both agree, submit the paperwork and any fee, and its over with. (Voluntary dismissal)? Then theres the kind where you argue your point and you MOVE the court to dismiss the case based on facts you provide. I think you need the second kind. You would file a motion to dismiss - and attach evidence that the court does not have proper jurisdiction (the appropriate place for this would be the initial answer - as they assert jurisdiction in the complaint. May I ask what is the problem with jurisdiction?
  8. With a score in the low 700's, is it really hurting you? Was it that tradeline that caused the loan denial? It's quite old if its due to be removed in 2009 and is probably not reducing your score at all - esp if its paid. Maybe try another lender? Perhaps your CU is just a stickler. With a low 700 score you shouldn't have very many problems, even with 1 bad mark.
  9. A person who has reached the age of majority, and those who have not, may contract for necessaries. Enrollment in any school matters not. Shorter answer: Yes, and yes. Longer answer: Yes, and anybody can be billed for medical services rendered. If the person in question is a minor not seeking to contract for necessaries, typically the parents are the responsible party. Anybody who obtains any service from any professional, non-professional, store, service, etc. is legally responsible to pay that debt, even if your in high school.
  10. I take it to mean what it says on its face. Then again I'm not a lawyer so who knows. If a debt collector uses false representation or deceptive means to collect a debt, or to obtain information about a consumer, than I would consider it a violation. I can't imagine accidentally saying that "I'm the bank and I need to talk to John Doe, whats his phone number". Or accidentally mailing a letter saying that I was a lawyer when I was not. How could there be an error? Any example?
  11. Just more proof that the CRA's and the debt collection business in general are a bunch of crooks with no regard for the folks they screw along the way. If you dispute that item as "not medical" I wonder if they just remove the notation. Worth a shot for sure. The tradeline could miss verifying it, but for that dollar amount I bet they won't.
  12. Read in that same agreement - somewhere I bet is a provision that terms can change at any time for any reason. Your terms probably changed at some point.
  13. http://www.nolo.com/definition.cfm/term/F6B35735-B249-4124-9D74F72F73665F34 Discovery is a pre-trial process governed by the rules of the court. It allows either party to perform depositions, examine evidence, question witnesses, send out and receive answers to interrogatories (requests for admissions, etc) and so on. Its where you sort of feel out the other sides case. Yes, this is the phase where you can get the other side to produce documents such as a signed contract.
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