MadMonkey

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MadMonkey last won the day on December 12 2016

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About MadMonkey

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  1. Long story short, was sued for $100,000.00, Litigated it myself. Negotiated a settlement of $800.00, and release of some domain and artistic copy-writes. Cost to plaintiff, $23,000 in attorney fees. Me, my time. Opposing counsel does not like the fact that I am representing myself, and basically beating him. Two weeks ago during a post mediation hearing, he claimed he was not satisfied with a Domain release I provided his client. Stated he was not a techy guy so he could not verify the emails I provided him from the domain register. Long story short the Judge asked me for a brief explanation of the process. Three minutes later the judge was satisfied with my answer. Opposing counsel insisted on setting on a calendar date just in case my explanation was not valid. Long story short he p.o.ed the judge who agreed to his request. She ordered him to appear and then looked at me and said she was satisfied with my explanation and stated that in the courts eyes I had met my obligation and that I did not have to appear on the court date. So here is my question, part of the settlement agreement was a signed agreement by both parties which spelled out everything. The attorney is refusing to provide me his clients signed copy of the agreement. I have requested this three times. Also the Domain was to be transferred into one particular persons name. When the domain was transferred they had it listed as hidden on the net. A who's who shows a subsidiary of Register.com in Florida. I have requested proof that the domain did transfer to the individual who is listed in the settlement. A copy of the domain register transfer receipt with header information would suffice. The court date is next week and I have a golden opportunity to just show up, and I think the judge will be on my side if I present these facts. I am just wondering if I can request sanctions against the attorney and his client for failure to comply with the requests. If anyone has any info on how to approach this I would be grateful. The MadMonkey
  2. MadMonkey

    WHAT STATE GOVERNS THE SOL

    Before you start getting your undies in a bunch, start by pulling your credit report and finding out if anything is even on it. Each state is different regarding contract law. Generally it falls under the state where the contract was signed, however the twist is that the law technically only protects the residents of that state.
  3. From a sticky I wrote years ago posted in the credit repair forum: 13. Attorneys put undies on just like you do every morning, One Leg at a Time. Which translated means they're no better then you, so don’t let them scare you. 18. If you get a fancy letter in the mail that has law firm stamped all over it, don't worry. It's just a Collection letter disguised to bring out your worst fears. -------------------- There is a process you must follow to preserve your rights. For many its a formality, for others it's a means to an end. You will find that many posters on this web sight have successfully sued and won settlements for simply mistakes made by CA who did not undertand the law or did understand it but decided to not follow it.
  4. MadMonkey

    Q: Credit Report Account Review Inquires

    You can lock your credit reports so that no one can access them. The problem with this is when you go to get credit someplace, ie a car loan, house loan, maybe a new appliance loan, etc... They will not be able to verify credit. You can do this through each of the big three or use a third party company to do it. I think lifeline is one of those companies that provides this type of lock down service.
  5. MadMonkey

    free verbal advice? anyone?

    Start Here: http://www.creditinfocenter.com/forums/credit-repair/277579-were-do-i-start-newbies.html
  6. Got some calls the last week from a collection agency to my office. Basically my staff dumps these calls into a generic VM account for all unsolicited calls we get. (The VM announcement for this one box is incredibly long, annoying, with pauses music, static, etc..) its our little way of saying FOAD. I was curious who this company was so we called them from our legal department and had them disclose the name of the person they were trying to reach. Turns out it was me. LOL. The debts I allegedly had have all reached there SOL, and I mean by anywhere from 8-14 years ago. So I figured it would be a good idea to pull my credit report and make sure everything looked good. Well, I was stunned to find that I had a hard pull by a company called Universal Data Services a few months back, (not the same company that just called us) That took me for a loop because I did not apply for any personal credit this year. Further investigation showed that this company is some type of debt collection agency and I have received no correspondence in the mail from them. I was talking with TU about another matter on my report today and brought up this hard pull that I wanted to dispute. They said they would not dispute it, that I had to contact the company directly. Odd, that's not how it used to work for me. Has the game changed? Anyways, I am thinking this is another Zombie Debt Collector that wanted to leave a present for me on my credit report. What I am asking however is what would be a good approach to attack this head on. Clearly if they are referencing old debt the SOL has long passed. I would have expected a soft pull not a hard pull? What's everyones thought on going after this. I would like to see the legal angle explored because I love taking these idiots to court. Thanks MadMonkey.
  7. MadMonkey

    AWL Sourcing, and NCO

    I had figured that out, based on researching the net. Many of the net comments I found, either on complaint web sights, BBB, etc. claimed they are one and the same, maybe a couple of names removed. I am just trying find that one connection. Seriously if you look at an NCO correspondence they have up to 15 different affiliate names. I am hoping to find a direct connection so I can go after them legally. I have enough NCO FOAD letters to create a serious windfall of money. Thanks for your input though.
  8. MadMonkey

    TrueCredit is not what it used to be

    Raysway, can you post some of them. I would be interested in looking at them. Just got of the phone with TC and they ended up giving a couple more months free. Plus they admitted they have a technical clitch. (almost fell out of my chair laughing) that they created a trouble ticket on.
  9. Just heads up to those of you that subscribe to TrueCredit.com. I have been using them for years and unfortunately have recommended them to many. I found out today, by surprise that I have not been notified of Regular Inquiries, (hard pulls) that have taken place on my TransUnion report. (NOTE: TransUnion and Truecredit are the same company) For example I had a hard pull from a company that I don't know who they are back in February, 2011. When I reviewed my notifications from TrueCredit.com it shows that there were no changes to my account, specifically "no inquires". The company that did the hard pull is a collection agency, based on what I could find on the net. I have not applied for any credit this year so I know its not a legit pull. As I type this I am on hold for the third time, as I constantly get disconnected because no one with them. However if any of you need the direct number for TrueCredit here it is. 800-493-2392 All post back later with the outcome. I just wanted everyone to be aware of the issue and if anyone else can chime in about there experience please do.
  10. MadMonkey

    AWL Sourcing, and NCO

    Well its been a while since I have been here. Glad to see the forums are up and running, and helping everyone out. Before I forget Thanks to all of you over the years that have sent me PM;'s on my Sticky for Newbies. ------ So here is my question. I started getting calls to my company from ALW Sourcing, LLC. The staff has been sending them to generic VM or they call after hours and the phone system sends it to VM. For yucks I contacted them the other days on the 888-379-4884 number they keep leaving. As a seasoned Credit Repair Guru now, I explained to them that I was calling from the legal department of the company and trying to determine who they were trying to contact. When they gave my name, (I had used a alias to reference the call) I just simply asked them for there address, and that was the end of the call. So I did a little research on the net and there seems to be a lot of reference to AWL being affiliated with NCO in some form, what I can't seem to find is a definitive connection. Why would I want this you ask? Well if I can find a definitive connection I am going to sue them in court, because I have a hand full of FOAD letters to NCO over the years, and love suing them in court for violations. If anyone can point me to this info I would appreciate it, and all post back the results so everyone else can enjoy some extra cash during these economic hard times. Cheers. Mad Monkey
  11. MadMonkey

    Can I be sent to collections?

    Yes! When you sign for a P.O. box at either a mail box center or the USPS the piece of paper you sign basically says you can't hide behind the box. A subpeona or court order will get that information in less then five minutes. Regarding getting a social security number. Easy. You can do it on the internet, or hire a P.I.
  12. MadMonkey

    another SOl question--her SOL or my SOL ??

    Usually in a divorce when the assets are divided it should be noted in the divorce. IE: She gets the car. Which means she gets the responsibility of making all the payments. If your divorce is spelled out properly and you get sued you can just turn around and notify them that as of this date, x/xx/xxxx you were no longer responsible for the debt on the car and here is a copy of my divorce stamped by the local court.
  13. MadMonkey

    Corporate bill on personal report

    You need a copy of the contract you signed with the alarm company. Look for any wording that places you in a position to Personally Guarantee the money if the business goes under. -------------------- Note to anyone that owns there own business: never ever sign a personal guarantee for your business. Virtually every vendor that we do business with has it in there credit application for the officers to supply a social security number, home address and sign a personal guarantee. The work around is to draft a cover letter to all future vendors and note the following; 1. state in your cover letter that your corporate bylaws specifically state that no officer of the company can sign a personal guarantee for the company. Any officer that does this is to be terminated emmediately. 2. State that your corporate bylaws do not allow officers to provide there home address, etc.. due to Identity Theft and Competitive espionage. Our cover letter incorporates these two lines in some pretty legal terminology and in the last five or six years not one supplier has come back to us and denied us credit. Just remember the reason you get incorporated is to protect your personal assists from the company going under.
  14. MadMonkey

    captial one card holder ageerment for the year 2000

    Something does not sound right in your story. A summons is issued for a court date. The date can't be a year in the future. No court would ever allow it. Sounds like a typo or some serious error has been made. As kygirlneedsomehelp no company can get you to waive either State or Federal consumer rights laws. Even if they could it would take your written and signed approval. Just accepting something does not waive those rights. Also Card holder agreements change all the time. If you were approved for a credit card in 2000 and throughout the last ten years the creditor has had changes to there T&C you usually get those in the mail. I know I see a T&C update at least once a year for almost every credit card I have. If you don't agree with the T&C you have 30 days to disagree in writing which means they cancel your card. You still owe the debt and the last T&C you recieved would be the most recent one they would attach to you.
  15. MadMonkey

    Restarting SOL in California

    1) In California the minute you make any payment, ( one dollar), it resets your SOL. 2) In California, agreeing to and signing a new payment plan resets the SOL. The Slippery Slope on two is when they record your conversation on the phone and they trick you into accepting the debt and agreeing to a payment plan. ----------- The most famous way to get a your SOL debt reset the old Credit Card offer that says things like. "We know you have had some hard times, but don't dispare because were making you this great credit card offer to re-establish your credit." If you read the fine print on these offers it states that what they will do is take your old debt and assign it to the new credit offer. The minute you do this it resets the SOL. ------------------------ In the future read all the Stickies. The absolute first rule is to never, ever, speak to them on the phone.