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maryv's Achievements

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  1. Wishmich, let's just say the judge accepts it that is if it's an ORIGINAL and not a copy, but either way, let's say he rules in their favor. You respond asking the judge to have the plaintiff give you an ITEMIZED statement that lists how they come to the figure they come to. They won't do it because they didn't pay hardly squat for the debt. And if they say they paid $500 the judge will know they are full of it because everyone (especially judges) know these are JDB's and they only pay 3-5 cents on the dollar. So they will either a) not send you crap and the case is dismissed or lie about what they paid on the itemized statement or c) send you an honest itemization and you will not owe them diddly. I would also claim before asking for the itemized statement, unjust enrichment. Because in court the judge supposed to make the plaintiff whole (if he rules in their favor) which means whatever the JDB paid for the debt (3 to 5 cents on the dollar) you should pay them back plus REASONABLE fees. Otherwise it's unjust enrichment. Good luck.
  2. I would not postpone it. They had 28 days to get the info to you they did not do that. I would go to trial and I would bet they don't show up. A JDB tried that with me and when I went to trial right before it started he dropped the case. Never heard a word from him after that. Who will be at the trial to verify the valididy of the debt? No one. There's nothing there with your signature. I would go to trial. Do NOT postpone it. They are trying to scare you into settling. Good luck.
  3. My check isn't being garnished. I send a money order myself to the trustee. I hope it works out for you Jaynez.
  4. Jayne, why would you take out money from your 401K just to pay creditors? That money they can't touch no matter what. No matter what, your chapter 13 BK will appear on your credit report for at least 7 years (maybe even 10 years) so why not just keep paying through the plan? I wouldn't touch the 401K money unless it's an emergency and this is no emergency. Keep that money for something such as retirement or if you fall behind on your house payments or for a dire emergency. You are not paying any interest in the chapter 13 bk and the creditors can't call you or sue you. I would just leave it as it is. Just my opinion.
  5. If you apply an extra two payments P&I only (Principal and Interest) each year to your principal balance you can pay off your 30 year mortgage in 17 or 18 years. Example you have a $900/month mortgage payment $750 is P&I and the other $150 is taxes, insurance, etc. So to P&I payments would be $1500 ($750 x 2). If you paid an extra $100/month or $750 every six months or however you wanted to apply that $1500 during the year to the principal you can have your 30 year mortage paid off in about 17 or 18 years.
  6. Hi all. I recently received a call from Mortgage Lending Direct saying they would refinance my house with an FHA loan at a fix rate of 6% Here's my question, have any of you ever worked with Mortgage Lending Direct and if so, are they legitimate? I live in the suburbs of Chicago. When I hear these horror stories about people on the news being swindled out of their homes by sharks I just want to make sure that this place is legitimate. I was surprised they said they would give me a 6% fixed rate since I just filed for Chapter 13 BK in January 08. So before I sign anything I wanted to check with the experts here. I want to hear the good and the bad (if any) on Mortgage Lending Direct. As always thank you in advance for your help.
  7. Blackhawk, my case was dismissed without prejudice but it doesn't matter because SOL in our state is 5 years and the debt was from 2002. So it's passed the 5 year SOL and they can't refile it anyway.
  8. I agree JoeyJoe! Or the JDB's would come to court with some evidence knowing that people are getting wise to their game...and THAT would not be good.
  9. Hi all! I had my court date and the plaintiff showed up and I think they were hoping I wouldn't, but I came with bells on! Anyway I got to the court room the atty asked me to step out in the hall and said they would be willing to settle for a drastically reduced amount (like a 1/3 of what they were suing me for) and asked if I was interested in settling. I said, "NOPE! Let's go to trial." So we go back in and I take a seat and the attorney says to me, "I'm going to wait a few minutes and when the clerk has a free minute I'm going to tell her that we are asking for a dismissal." I said fine and I sat there. I think she figured I would leave when she told me that. Nope. I sat and sat and waited for 30 minutes (the attorney NEVER told the clerk to dismiss the case) and the judge called the case and the attorney told the judge that they are dismising it. Is it just me or was she trying to get me to leave and after I left tell the judge that I never showed up and end up getting a default judgement? If that's what she was trying to do, I am REALLY GLAD I STAYED! So to make a long story short, I WON! I WON! I WON! And in the great words of Tony The Tiger, I feel, "GRRRRRREEEEEEEEEEEEEEAAAAAAAAAATTTTTT!!!" As always, it's because of this awesome board. You guys saved me at least $5 Grand MINIMUM! YOU ROCK! Have a great weekend everyone!
  10. Fairy, you can do it! Trust me. 99% of the time these Junk Debt Buyers (JDBs) don't have NADA for evidence and even if they brought your credit report in to court, that's still NOT evidence. It would be considered hearsay and inadmissable. You can do it. Just go to court and say "it's not mine" and make them PROVE that you owe the debt. They can't prove it. They never do. They are going to try to intimidate you into "settling" the debt with them, but don't do it. Trust me. Stick to your guns and make them PROVE that you had the debt and then you don't have to pay one red cent. I find it's much cheaper that way. Good luck to you!
  11. I have to agree with Willingtocope, alot of valid points. Plus Maddog, why would you ever dismiss your bk as it stays on your credit report for 7 years (10 years if it's a chapter 7)? So you might as well continue making the payments to the trustee and once it's done they can NEVER come after you for the money. Why would you want to even touch your pension account? Especially to pay off debt? You will need that money for when you retire or for a real emergency. If I were you, no matter what your age don't tap into your pension. That's the WORST thing to do. You're credit is already shot because of the bk and the chapter 13 bk doesn't come off your credit report for seven years and if you dismiss it now you will have NO protection AT ALL and it will still show up on your credit report...and then you want to take money out of your pension as well. Do NOT DO THAT. PAY THE TRUSTEE. LEAVE EVERYTHING AS IT IS. Just my humble opinion.
  12. Crnbread73, I almost fell for this I have your credit report scam from a JDB. It's NOT ADMISSIBLE IN COURT. It would be considered hearsay so they can't use it. If that's all they have (and that is probably all they have) you have nothing to worry about.
  13. I have and won. I have another court date coming up and I'm hoping the other side doesn't show. They refuse to show me any proof (because they don't have anything to show me). So I will go to the trial and just stand there waiting to see some proof. I'm banking on them not showing up.
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