MadMonkey

Members
  • Content Count

    266
  • Joined

  • Last visited

  • Days Won

    4

Everything posted by MadMonkey

  1. I am guessing they cannot find them. One of them is off the grid and the other has moved several times in the last year do to work. She actually filed for Divorce in 2002. It was suppose to be completed in 2004 but her ex-husband never filed the signed paperwork. She lost track of time was moving on with her life and did not discover the problem until 2007. They never owned anything jointly other than some cars. No real property. Any accounts they had would have been closed in the early 2000's.
  2. Yes it was. I had an opportunity to look at it last evening. First two pages are the Standard Calif. Form. SUBP-002. It lists all the party names and the area on who is being served is left blank, they hand wrote in the ex- husbands name, and his girlfriends name on a second copy. 3rd page is the proof of serviced, (blank which did not need to be part of the Subpoena.) The first attachment, single page, states it is a Duces Tecum with the defendants name at then it has multiple lines requesting bank accounts, vehicles, business partners, etc... The Second Attachment is a Judgement Debtor Exam Questioner. Pretty standard 70 questions. Attachment #3 I found interesting. It states the following, DECLARANT IS INFORMED AND BELIEVES, AND UPON SUCH INFORMATION ALLEGES, THAT WITNESS HAS IN HIS/HER/THEIR POSSESSION OR UNDER HIS/HER/THEIR CONTROL, INFORMATION REGARDING THE ASSETS AND INCOME OF THE JUDGEMENT DEBTOR NEEDED TO ENFORCE THE JUDGMENT. THE JUDGMENT CREDITOR HAS GOOD CAUSE TO DEMAND THE PRODUCTION OF DOCUMENTS AND THINGS THAT MIGHT LEAD TO THE SATISFACTION OF THE JUDGEMENT. Attachment #4, THE DOCUMENTS AND THNGS DESCRIBED IN PARAGRAPH 2 ARE MATERIAL TO ISSUES INVOLVED IN THIS CASE AS THE ARE EITHER REASONABLY CALCULATED TO LEAD TO THE DISCOVER OF INCOME AND ASSETS THAT MAY BE USED TO LEVY OR GARNISH THE JUDGMENT DEBTOR'S PROPERTY IN ORDER TO SATISFY THE JUDGMENT OR SO THAT THE JUDGE OR REFEREE CAN ASCERTAIN THE SCOPE OF SAID JUDGMENT DEBTOR'S NON-EXEMPT PROPERTY IN ORDER THAT THE SAME MAY BE ORDERED TO BE APPLIED TO TOWARD THE SATISFACTION OF THE JUDGMENT PURSUANT TO THE CODE OF CIVIL PROCEDURES SECTION 708-205 ET.SEQ, Also, she was married after her first husband. Her 2nd husband died in 2015 and right after that she was dragged into this civil matter. It's a pretty messed up situation for her. Another family member who was the main party to this civil suit dragged her into it and in the end threw her under the buss. She had no legal representation at the onset of the suit and when she gave her first deposition the family member told her she did not need an attorney. She had just gotten out of the hospital from a emotional breakdown she had from the loss of her 2nd husband and was heavily medicated. After the deposition a close friend of hers after hearing what took place told her to get an attorney, which she did. However that attorney failed to protect her rights, from failing to have the deposition thrown out because of her medical condition, to failing to show up on time to hearings, even substitution other attorneys not part of his firm to represent her in court. I have never heard of someone going to jail in Calif on Debt. I am sure a few have spent a weekend in jail for failing to produce records to the court but long term, never. I have had my fair share of collections over the years and this is the most aggressive I have ever seen. Especially the broad strokes the CA is using to drag 3rd parties into the case who have absolutely no direct interest in the debtor other than the ex husband because they have two children. Oh, the Children are both adults. I saw that question earlier whether they are minors. Looking forward to your comments. Yes as this progresses all update this thread.
  3. Whocares1000: The debt and judgement occurred after they were divorced, some five years after the divorce finalized. No Alimony, No Child Support, no financial compensation at all. The father in reference to my original post is not her father. It is her ex-father in law. (The father of her ex husband.) I am still not grasping how they can subpoena him with regards to who his beneficiaries are to his estate. As you stated they are on a fishing expedition. I have seen and been involved with many collections in my lifetime. I have never seen one like this where they are passing out Subpoenas like they were candy at Halloween. Harry Seaward: Was this a subpoena duces tecum? She is waiting to get a complete copy of the one served on her ex husband. He told her it was several pages long.
  4. Trying to help a friend that has a judgement against them. The OC with the judgement assigned the debt to a bottom feeder collection agency here in Calif. They filed the legal notices in Superior Court of Los Angeles with respects to collecting the debt. The OC is in another county. (Note: Collection agencies in California are not required to have a license, nor be an attorney) The other day she gets a call from her ex husband , (they separated 19 years ago, and finalized there divorce in 2009) Process server showed up at his house he shares with his Girl Friend. They serve her with a subpoena for him to produce information, during the service the guy asks the Girl Friend who she is, and she says "I am so and so's girl friend" The guy leaves sits in his car on the phone for thirty minutes. Comes back to the front door and Subpoena's her. They crossed out the name of the my friend who the subpoena was intended for and put her name in it. Then her ex husband tells her that his dad who lives in another part of the state got a Subpoena from the same guys wanted him to produce records including his beneficiaries, etc.. The Subpoena the husband and his girlfriend got was to produce all his financials. Obviously everyone is getting a lawyer. My question is more to how a Subpoena works in this situation. My understanding is you needed to get the court to stamp each Subpoena separately for each name you want to Subpoena, that you just cannot cross out names. Also is this not far reaching to try and ascertain an ex husband, his girlfriend and families financials. They have had nothing to do with the person in question for over ten years, the Girl Friend has nothing to do with her. Thanks for any input.
  5. 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
  6. 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.
  7. 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.
  8. 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.
  9. Start Here: http://www.creditinfocenter.com/forums/credit-repair/277579-were-do-i-start-newbies.html
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. Re: question #1: Your only recourse if you took this position would be to prove that you have a mail issue at your home. In other words its your word against the post office. Good luck on that one. Re: question #2: Contact the last known finance holder and ask them to update your CR. Re: question #3: Validation letters should be regarded as a "Hail Mary", sometimes they work and sometimes they don't. If you have a legitimate reason to have something removed and they don't your going to have to provide proof to them. For example you have a collection over seven years. Usually a second letter will get it removed.
  21. Please Please Please understand SOL's. Your SOL starts on the next billing cycle from your last payment. (Read the numerous sticky's on this subject) In this case not when the car was repoed. One has nothing to do with the other. Exceptions to the rule: Your SOL will reage itself to a new date if you make a partial payment, or you make a verbal or written agreement to new terms on the original debt. Collection Agencies are notarious for sending letters that say you can re-establish your credit by signing up for there new credit card. Most people don't read the fine print, because the fine print indicates that they will attach any previous debt to the new card. This re-ages the SOL on the debt.
  22. It depends specifically on how the person was placed on the account. Trust me on this one I know what I am talking about. I went through this years ago when I was cleaning up my own personal credit issues. We researched this subject with our lawyer and accountant because my wifes credit was stellar and we did not want her to have any secondary issues if she was on my accounts. I had a couple of low limit credit cards issued in my name to start my credit repair, both personal and under my DBA business. My wife handles the office end of the business and all our own personal bill paying etc... This is how they get you. You call up credit card company (x) and tell them you want (person) to have access to your account so that they can handle bill paying etc.... They say no problem we just need some information from that person. You put that person on the phone and they ask them all kinds of personal information, Name, Social, address etc.... (They record the call by the way) In mystical magical words they bind that person to the original contract you agreed to when you applied for the card and the subsequent Crappola they mail in the mail from time to time on the terms and conditions of the account. For yucks you should pull the TOA of a credit card and read the detailed fine print. It binds anyone that is associated with the account. Accept for one condition. POA. The end result is that person is now tied to your cruddy credit and it emmediately reflects on there own credit report, (usually within 60 days). Both our attorney and CPA indicated that the only way they will handle anyones personal business affairs is by first sending the POA and demanding access to the account with that POA. American Express is notarious at denying access to there accounts. We went through it for years on a Bz. AE card. The only way my wife could get them to speak to her on the phone was to put me on the line with AE, and that meant finding me in our office or three way calling me in the field. AE is the reason why I spent a half a day years ago trying to figure out how to get around them. My thought was how does a Trustee get away with handling business affairs and not become responsible for the debt incurred with the Truster. It was only after my accountant instructed me on the POA that the problem with AE was resolved. Hope that helps.
  23. A quick note. When you add someone as an authorizied user on your account your accepting responsibility for any debt they incur. Little known fact the oppposite also occurs. If you have someone put you on as an authorizied user, YOU become equally responsible for any debt incurred on the account. This happens alot when an adult child starts to handle there parents personal affairs. They need access to the accounts so they call the bank, the credit card companies etc and are told they need to be placed on the account before they can act on the parents behalf. THIS IS A BIG FAT LIE AND DON'T LET ANY CREDIT CARD, CREDITOR OR FINANCIAL INSTITUTION SUCKER YOU INTO THIS. All you need is a power of attorney issued by the Parent to you, authorizing you the legal right to act on there financial behalf. You then call the financial institution and ask them what department needs a copy of the POA to allow you access to the account. How do you think Attorneys, Trustees, Business Manager and Accountants that handle personal affairs for the rich get away with access to those peoples accounts without being financially responsible for the debt they may incur? All rewrite this and submit it as a Sticky as this is becoming more and more common.
  24. Its there attempt to not comply with your request. Just send them a follow up letter with a copy of your first letter. (Did you write your own or use one you found on the net?) Years ago one of my employees hired a credit repair company because he was to lazy to do it himself. He got those letters all the time because the repair company he used, used a standard form letter, (just insert name here). CB don't like those letters. Nothing can be reset unless you have made an agreement with the creditor to pay back the debt. (We all know that the no one plays by the rules) Be patient and send out those letters.