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VickyC

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  1. How could I end up paying more in taxes than what I would pay? It isn't taxed at 101+% is it? I don't know about 1099, but I've heard about the tax thing, and I just assumed I'm better off paying a percentage as taxes vs all of the debt.
  2. Oh, on the note of Credit Reports. I got my free one about 6 months ago. I can't find it, so where is the best place to buy all three? Any programs that aren't too pricy that I can keep checking my credit? Also, what I do recall of my credit report is there were CA's reporting up the wazoo. Multiple CA's reporting on the same debt. I had no idea how to read it. Any guide for making sense of it?
  3. The thing is, what I don't want is to go to court over this. I've had to go to court on a few others (1 lost,1 settled,1 dismissed w/o predjudice, one very big one with an atty.). Its really taken a toll on me, and the last thing I want is for it to go to court and end up costing me the full balance. I thought about sitting for another year until the SOL runs out - but it seems like everybody is trying to get theirs to court before the 6 year mark. If I were to send a letter confirming the settlement, this is what I was thinking of saying. Please tell me if this is alright. ----- Dear Sir or Madam, Enclosed is a copy of the settlement letter I received from your firm. I find your offer fair and reasonable. I want to confirm that the offer is indeed in good faith, and the remainder of any alleged amount owed will not be passed on and sold to another firm. I also want to confirm that upon payment, this debt will be reported as paid to any credit reporting agencies. Please confirm that your company will oblige in the the above, and I will send the full settlement amount of x dollars within 7 days of receiving an affirmative response. ----- Does that sound okay? Its off the cuff, I don't know what else to say.
  4. I'm finally in a place where I can scrape enough money together to settle some old debts. Low and behold, I get an offer from a CA to settle one of my debts for less that 50%. What do I do next? DO I just send a check? Do I validate the offer is "for real" somehow? I don't care (that much) about my credit report, I've lived this long with a bad rating, I just want to get the weight off my shoulders. However, being able to accept the settlement AND clean up my credit report, that would be good too. But I'm afraid any attempt to negotiate would have them take back the settlement offer. The details are as follows: OC: Discover about 5 years old (SOL is 6yr here) CA: Protocol Recovery Service Original debt: About 4500. CA Settlement Offer: About 1800. They've even gone so far as to honestly report the original balance, rather than inflate it with fees and taxes I have seen so many times. So, can I just accept their offer? Is it possible someone else could try to collect the rest if I pay the settlement? I really just want to be done with this.
  5. Thanks, you guys are a life saver. Two more simple (I hope!) questions. When I file the answer, do I include a copy of the original complaint? I can't recall. I did it before but it was some time ago. Should I try settling myself or use a lawyer? This lawyer didn't really impress me much, but I've got limited time on my hands so I didn't search out a new lawyer. I don't know how happy he'd be about me filing an answer without consulting him first, but the only time i have to get to the court house is first thing in the morning before I go to work. I work 45 minutes away, so running on my lunch break is impossible. edit: oh yeah, I'm in WI if that helps with determining if a judgement is automatic. I'm googling it now, but haven't found an answer yet.
  6. I need some last minute advice. How "flexible" is getting the written answer in 20 days? If I got it to the court, but mailed it to the law firm and it arrived outside the time frame, would it still be valid? Here is the scoop: I was served 19 days ago for some old bad debt. Saw a lawyer, he said he could probably get them to settle for around 70% of the amount. But I don't have that amount, so told the lawyer to hang on while I figure out what to do. I've been in the process of getting money together. I thought I'd have it the beginning of this week, but its taken longer than I'd like. I talked to the lawyer again, he said not to worry, he could probably even settle after a judgment. I was okay with that at first, but now its the eve of the 20th day, I really don't want a judgment on record, even if its paid. I've written an answer, figured I'd deal with how to settle (go to court myself or ask the lawyer still?) later, but here is where the problem is. The law firm entering the complaint is in another state. So I can't just drop it off after I take it to court. Am I screwed?
  7. So, should I leave his information off? I'm worried they'll go after him anyway, and even if we get it straightened out in the long run, they'll take money away and we'll be screwed. As it is, our monthly bills are at a negative and will be until I get another job. And while I'm actively looking, I don't know if or when that will happen. THe thing that makes me afraid is if the somehow freeze my hubby's accounts or garnish his wages, we could lose the house.
  8. About a week ago, I did something horrible. I slept through my pretrial hearing. I had lost my job a few days earlier, and for whatever reason, I slept THROUGH the alarm. Stress, depression? I don't know. But whatever the reason, I really don't want to just give up. I was counter-suing for FDCPA violations, and I had a strong case. Is there anything I can do? Its such a ****ty excuse, even if it is real. I don't know how to approach this. I also got the papers they want you to fill out with your employer and bank information. What happens if I don't fill that out? I'm afraid they're going to go after my husband, even though the debt is from before we were married. As I understand it, in WI your debt doesn't become shared just because you're married unless you continue to accrue it. If needed 1. Who is suing you? - Arrow Financial 2. For how much? - $1600 3. Who is the original creditor? - Best Buy 4. How do you know you are being sued? - Served papers, have attended pretrial conferences. 5. How were you served? Were you served -yes, by mail. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? - A single letter saying they were going to sue offering to settle. 7. Where do you live? - WI 8. When is the last time you paid on this account? - 2002, possibly early 2003 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). - Default Judgement. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. - No. 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? - Already answered. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? - none. Evidence later provided. Copies of cc statements with my name and address. No contract provided. 14. What is the SOL on the debt? To find out: 6 years
  9. I have a pre-trial conference next week. It was a follow up to two others, and I was going to try to settle. After some complete and utter crap this week I quit my job. What this means is I have no money to settle with. The little money I had I have to save to use for the mortgage, in case I don't find work right away. Its not even a months worth of pay, so I'm screwed. I have no idea what to do with this case, the evidence is pretty damning against me. What do I do, say "I want to settle, but have no money?" I am at a lose (and freaking out over it).
  10. RCP? Forgive my ignorance, I don't know what that is. As for the summons, if that's what you mean, they listed the amount due, and said they would provide supporting documents at the courts request. I guess this is the courts request.
  11. I thought an additional pretrial was strange too. But never having been through the court system, I figured what the hey, it was the Court Commissioner, not the Lawyer that suggested it, so I don't think its any attempt to be unfair. I think you're right though, if they don't have anything after 90 days; I should demand a trial. But for now I'm curious to see how this plays out. I mean, I don't see why it would take 60 days, let alone *90* days to get the paperwork in line, which leads me to believe they're stalling. I am nervous though, its Arrow Financial that is suing me, and I've heard they'll make up "evidence" and have people swear to things that aren't true. But I'll have to face that when the time comes. How should I handle the issue of the supposed document that the law firm is going to recreate. I assume I should insist thats bull crap since I kept all my corrispondences, but I'm worried the defense will be that "well, we send out a document like this to all accounts". How does something like that hold up?
  12. Thanks for asking! It was interesting. We have another pre-trial in 90 days. Why? Because Lawyer dude didn't have any proof I owed them that money. I said simply that I wanted proof that the account was mine and the amount was correct. I didn't know how agressive of a stance I should take at the pre-trial, so I agreed to what the commissoner suggested. (I don't know how this differs from the Judge). This concerns me. The commissioner didn't seem at all concerned with my countersuit. I had to bring it up. The basis of my counter suit is that I only received one letter from the law firm about this debt in March, none from the plantiff, and it didn't include the standard notice that you have 30 days to request validation, blah blah blah. The Plantiff's Lawyer claimed that they sent an initial contact back in January, but that they do not keep copies of the letters they send out. He said he could "recreate" one for me, and they have it recorded in they're system, supposedly, that it was sent in January. So I guess I'm not sure how to proceed. Recreating a document seems like complete bull**** for proof, but the comissioner in the pre-trial seemed very uninterested in the whole countersuit part of my answer. So I guess I have to plan how proceed based on that.
  13. Tomorrow morning I have a pretrial for a case where I am being sued. I've already filed an answer and am counter suing. The plantiff filed a defense with the court that I hate to say, reads like gibberish to me. I know, probably not too good considering I'm defending myself, but I guess I'm just going to have to go and see what happens. I'm more interested to know what happens at a pretrial. Please give me some idea asap as it is tomorrow. I probably should have posted sooner but life kept getting in the way. Thanks much!
  14. I have filed my answer, and got a court date the end of July. I think I need to do discovery next. Its small claims court, but when I asked the clerk at the court she said kind of bewildered - "yeah, you can do it , I think, not many people do." The next date is pre-trial - I assume that I do the discovery now, not after that? ANy advice is appreciated.
  15. I finished my answer, and found 5 violations to countersue over. I believe I did everything right, and I actually think I could have found more violations, but in small claims court, they have a dollar value limit. Anyway, that's not what I came to post - my husband dropped off the Answer for me, and the receptionist, instead of just stamping it, went and got one of the lawyers at the firm. After a few minutes, the lawyer came out and tried to grill my husband, and he did what I told him, didn't give any other information beyond "I'm dropping this off on her behalf". He called me a few minutes later to tell me that the lawyer looked "extremely pissed". Hehehe. Now if I can just get over my fear of the upcoming court date.
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