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About Jerky

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    Open your ears jerky!

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    Albany NY
  1. These pieces of s*** pulled this on me too. I filed a dispute against two tradelines through a link on MyFico. I got the same letter in the mail stating that "the info I submitted doesn't match the info on my credit report". So I sent them what they asked for- a copy of my DL, social security card, and utilty bill. That wasn't enough. Again, the info I submitted didn't match, but of course IT DID! So I sent a copy of my DL, SS card and utility bill again plus a copy of my current pay stub, plus two credit reports they mailed me in the last two months. All the info I sent had my current address, SS#, and employer. Still not good enough. Now I'm getting friggen pissed. So I sent all the same info again plus an advertisement they just sent me for some crappy credit monitoring service. Funny my info doesn't match what they have on file even though my correct name and address are on their mailing list! The two credit reports I mentioned earlier I received from Equifax by disputing on their website after paying for a credit report from them. So apparently my info is good, as long as I make a purchase from their website, but not from anywhere else. I just ran a 3-in-1 CR from Trans-Union and all may info is exactly what I sent them. It amazes me that a company that controls such vital information to a consumer can dick you around so much and the FTC doesn't do anything about it. It also pisses me off that more people aren't pissed off about this sh!t.
  2. Don't admit or acknowledge anything! Let them prove that the debt is yours and show when the date of last activity was. I've had 'no recollection of that account' in court before. Every time the judge asks the CA for proof, they either don't have sufficient documentation or they don't even bother responding, either way I win.
  3. Did they serve you? Do you have the affidavit of service that they are required to file with the court? The affidavit of service will have the address that they supposedley served you at. If the address noted on the affidavit is not yours, you can file a motion to vacate because the court did not have jurisdiction over you (NY Civil Practice Law and Rules Rule 3211(a)9) After the court receives your motion they will send the Plaintiff an Order to Show Cause, in which they must respond. The court is basically asking the Plaintiff why your motion to vacate should not be granted.
  4. What are an attorney's/CA's responsibilty to verify a correct address when serving a summons. I recently found out that a CA was just granted a default judgment against me from a freeze on my bank account. The affidavit of service indicated the summons was sent to an address that I haven't lived at in over 7 years. The servicer even noted that Mr. X, a neighbor of mine, told him that I live there, but he didn't know where I was. Well I don't live there, or know this Mr. X or anyone else in that entire neighborhood. Now I'm very certain I will be able to get this vacated since I can prove that I haven't lived there in so long. I can also show that my current address is listed on my credit reports, with the DMV, and with the USPS mail forwarding service This CA or their attorneys don't appear in any of my credit reports in the past several years. They don't have any tradelines and they haven't made any inquiries- ever. So they obviously didn't make an attempt to properly locate me and then made up this bogus neighbor who said that I do live there. It's also funny that they can find my bank account, which is linked to my current address, but they couldn't find me.
  5. These guys never sent a collection letter before the complaint, so I DV'd them as soon as I received the complaint. I waited till I got got my green cards back from them before I sent in the answer to the Complaint. I can't find any time limitation statutes for complaints in NY laws. I'll call the Court this week and ask if there is a time limit.
  6. Back in Nov. '06 I received a Court Complaint filed by a CA, that I've never heard of, in Sept '06. I promplty responded to the Complaint stating that I don't know who these guys are and that I've never heard from them before. At the same time I also DV'd the CA and their attorney's. I got my green cards back from the court, the CA and their attorney's shortly thereafter. At the end of Nov I still hadn't heard anything so I called the court. They told me that I would have to wait until the Plaintiff responded to the Complaint. Well, here it is almost four months later and still no response from the Court or from my two DV letters. Questions: 1. Since this is only a Complaint and not an actual suit would this hold up the SOL? The SOL expired in Oct '06(crap!). 2. I'm sure the CA doesn't have the required proof, which is probably why they have'nt moved on this. Is there a time limit for responding to an answer to a Complaint? 3. I'd like to get the Complaint dismissed, if possible, but on what grounds would I argue to dismiss? I already stated that I didn't know these guys in my response, and they have'nt refuted that or included any actual evidence in their original complaint, so what more can I say?
  7. When a CA gets a judgment against you I'm sure that they rush to get that inserted into your credit report. When the judgment has been satisfied are they required to inform the CRA's that it has been? If so what part of the FCRA would state that?
  8. Well the subpoena is from the same lawyer at the same law firm representing the same CA. What still boggles me is that they are referencing the same court case number that was dismissed 2 months ago.
  9. What choo talkin bout Willis? I was granted "summary judgment dismissing plaintiff's action against defendant". Doesn't say anywhere on the decision if it was with or without prejudice. This case WAS dismissed though in September, but the subpoena that Providian got from C&S dated 11/9 bears the same case number of the one that was dismissed. The Providian letter states in the letter that I may pursue legal action regarding the letter and to pleaese notify them if I do. What options would I have in this matter? This is all sounding really peculiar.
  10. I'm pretty sure it was dismissed with prejudice, I'll have to double check when I get home. I know they know they lost because they fought hard to dismiss my motions. As far as I know they have'nt refiled, if they have I have'nt been served.
  11. I succcessfully fought off C&S from filing a complaint against me on behalf of a CA for an old CC account with Providian. Judge ruled for a summary judgement in my favor back in August. Now I've received a letter from Providian regarding a subpoena from C&S for a production of documents relating to my banking records. Well I don't have a bank account with Providian, never did actually. The case number is the same as the court case that was dismissed in my favor. Question is, C&S lost, so why keep trying to dig up info on this debt? They can't re-sue me for this, could they? I would think that it would be considered double jeopardy. Is there something I'm not understanding here?
  12. I'd just send a C&D along with the court order. "Hey guys read it and weap. The court ruled it's out of the SOL so your SOL! Don't call or write me again. F off, drop dead, have a nice day "
  13. I recently DV'd a CA's attorney and they just returned with the CA's name and address. "We don't have to legally provide anything other than that" is what they wrote. We'll see if the judge simply allows a judgement just because YOU SAY I owe it. I'm assuming that they don't have anything to offer in terms of evidence linking me to the "alleged debt". If they did I'm sure they would like to rub it in my face. So let's rumble!
  14. Have you actually consulted a lawyer about going through with this or are you just trying to mustar up support?
  15. That's my experience so far. I had one sue me, I filed a motion to dismiss for a lack of evidence, they filed against it, the judge ordered they come up with more proof, they had none, I won. Sweet! I've got another one trying to sue me now without any type of warning that they were going to sue. I DV'd right after I got their summons and they responded with just the creditor's name and address, nothing more. They said they did not have to provide me with anything else. RIGHT! We'll see how that argument works in court.