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dusty

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  1. a lis pendens can be challenged, it's your first opportunity to tell judge "they are wrong"
  2. It would appear not. Recently I found a case and the banks motion to strike affirmative TILA and RESPA affirmative defenses was granted. I thought time was tolled for affirmative defenses and/or counter claims. Evidently they are, if fraudulently concealed or when you become aware of it. So must we be cognizant of not only does SOL apply to COA filed against us, but to defenses and counterclaims? Can facts arguing conditions precedent were not met be argued generally in the answer if not as a Affirmative defense? What else can be argued and how? Thanx in advance for any insight for entertainment purposes! dUsty
  3. "It is important to note that the FCRA does not apply to investigations performed by companies or individuals who are not CRAs." That didn't seem true, but it was under the section "Medical" so that must be it, must look to state protections of HIPPA?
  4. Yeah, I have two bogus affidavits, where later on a taped call they admitted they had no records to swear too. Now the same thing. Thanx.
  5. The specific procedures that were performed. i.e. x-ray ankle, ultrasound pelvic? When I DV'd with CA they sent an itemized statement from the medical provider that they got with the account. No investigation, the CA just sent a copy of what was "in our system". I think they're just a CA but, the medical providers statement show a -zero- balance - sent to XXX Collection - with a credit for the balance that was due.
  6. I've got old violations on them I never persued, because they dropped the TL's. Now LVNV funding is doing the same thing. 1) Does Sherman/Alegis still exist and 2) Should I name all three in the same suit with multiple counts and COA's to get their attention. 3) If anyone has a contact there please pm it to me because I only want the TL's off.
  7. The company they were before "Sherman etc..." dropped two large 'debts' after sending bogus notarized 'affidavit' of debts by the custodian of records. I've got two to dispute now, largest out of SOL, (they told me). I'm sure they have no documentation. They have listed as 'factoring'. They're not at the top of my list, but unless they really sharpened up I would also recommend you find out if they have enough original documents to verify the debt, other than an affidavit.
  8. If one CRA deletes the tradeline, the furnisher is reponsible to notify the other CRA's or it's a violation. As far as CRA's helping negative. They have a responsibilty to report a TL as disputed and a responsibility to prevent non-pp's. All these are private COA's and allow you to reach out to violations over one year old (2/5). Maybe those in the know can confirm but, this is my take on reading FACTA.
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