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About Texadelphia

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    Pennsylvania [Philadelphia]
  1. HAH! After burning a few hours digging through my state's funk-i-fied legislation website... I just discovered this gem from Pennsylvania's State Assembly 2005 session: Senate Bill No. 180. This is just what I have been looking for. Effective date: January 1, 2007. I might not have to "move" into New Jersey after all. In the case of when I was denied employment, I was dropped by an HR staffer. The hiring manager wanted me on the job ASAP. I received an offer letter, too. This job was in Delaware (15 minutes away by car). I have rejected credit screens from clients about 10 times now, 2x that was the sole reason why I lost a contract, the rest complained, in another instance I submitted to the screen on the basis that I was disputing information on my report, including items like TransUnion listing my brother as my spouse (I co-signed a sig loan for him... it made it to TU that way). By just freezing the report entirely, I can sign all these stupid waivers until the cow comes home, they can come back to me that they were blocked from pulling my file, but they'll have already pulled everything else--and it's a judgement call from there what do to if I'm disputing stuff in my report. I would just rather not use credit cards or credit-ANYTHING for that matter, ever again. I'm getting my parent's estate when the time comes for it to sell--so my next home purchase is going to be in CASH ONLY. As with the next car I plan to buy. I'd rather have my report non-existent and never to be able to be pulled again, ever. That's how frustrated I feel about the whole system. That also means I can never buy anything ever again if I don't have the cash to pay 100% of it---but I've been living that way for the past 2 years now with no problems. I don't see how bad it could possibly get. Usury credit is evil.
  2. I just went to optoutonline and put in my info, which goes to the 3 CRAs who mass-market their files to the junk lenders. The phone number field on optout is OPTIONAL. Don't fill it in. It will be put into skip-tracing files. If you already have open accounts, keep them. My ethos is that if I want/need credit, I'll go seek it. I don't respond to offers in the mail.
  3. After talking with a friend of mine who is a process server, she might have come up with an ingenious solution for me. 1. Rent a month-to-month sh**hole apartment in Camden, NJ (just on the opposite side of the bridge. I live a few feet away from the other side). This is easily doable for 100/200 a month (hell I pay 175 a month to rent a garage space for my car, this is nothing). Ya won't live there, just drive across the bridge to pick up the mail every few days. Camden, NJ happens to be a slum (it is listed as the most dangerous city in America). 2. Update all my cards to reflect the address change. File an NCOA form with USPS to move my address to NJ. The Credit Reporting Agencies will pick it up and update the file automatically. 3. Check the credit reports, when the address change hits, call and ask for a freeze. They stare at the file when you are on the phone, they will notice you are a resident of New Jersey, since they don't really look at anything other than the info they sweep up in their data-collection net. I still have a TX driver's license as it is. 4. Start looking for work the moment the freeze takes effect. Use the PA address on all job applications. 5. After I find something, dump the apartment. NCOA my address back to my existing home. The freeze will probably stay on the report, but that's OK I am not looking to buy a house.
  4. Hello. I might be in the position to move out of consulting back into fulltime, and since I haven't done an employment switch in a while, I know my report with disputed tradelines is going to be sitting in front of an employer's eyeballs if I let them have access to my messed up credit report. Some employers put the credit report waiver in a separate form... which is easy I can say NO to (and I've successfully landed contracts, and lost some, based on this). But others are using templates from HR seminars which couple the MVR/CLUE/CRA and Criminal into one big huge waiver. So it looks rather suspicious to cross out the consumer report part and sign an authorization for the other background searches. To think, I already have been rejected at one firm (my job never requires handling money or finances), with no driving record, no criminal or arrest record, but 4 bad tradelines on the CRAs. Arg! This is really bumming me out---now I might have a problem finding work or being pigeon holed in what I do now, because of a fraudulent card, which sent to a CA, then to a JDB, now has 3 tradelines, and they now show up on all 3 of my reports. I called Equifax today to see if I could put on a freeze, which would block a report pull (it also blocks employer screen pulls), but then I was told "oh Pennsylvania hasn't passed a law for you yet... we can only do it in the states that have passed a law" [yes, this is total BS, it's programmed to work for all consumers, they just don't key it in unless they are ordered to by a state government] So, Pennsylvania prevents me from blocking my report from being pulled. I have, however, decided to go ahead and flag my credit report as fraudulent, in hopes that a potential employer at least sees that bit so I won't be looking at another 6-10 years. I haven't heard much about the Johnson & Johnson case with the EEOC. Some lawyers at the EEOC have started to wonder if denying employment based on credit worthiness is loosly-akin to discrimination (minorities are a popular target for predatory lending practices, coupled with lower incomes == naturally worse credit histories). So, other than the debate about race, which states are "Freezable" and which ones are soon to be freezable? I discovered while talking to the clueless worker (she had to go to her manager for almost every question I had), that New Jersey is a freezeable state. I'm in Philadelphia. I can see New Jersey outside my bedroom window. I'm wondering now if it is actually worth living on the other side of the bridge just so I can remain in local the job market by blocking access to my credit report--by everybody [i only have 2 CCs that I use now, I went to the opt-out site to block all future CC offers]. So... ideas?
  5. Be sure to dispute this fraudulent with an attached statement from the consumer so it shows up on the report when it is pulled. Did you get the information about the ins. fraud in writing? You can show that to the loan officer.
  6. No problem in having a lawyer help you with the small claims case, which is what it is. Or you can find templates for your county (or one similar to yours) and structure your filing that way. Your county's website should have filing instructions, when to appear, office hours, etc. I've only gone to small claims for a bad repair job and demanded a refund (different... breach of contract). If you can scrounge up a cancelled PIF check and all the demand letters you've sent, then have at it. They'll quickly settle for 85 dollars. It seems silly for them to fight that. I'm dealing with 3K. Dunno how willing the CA is going to be to fight me, but I'm watching City Hall closely to see if they slip in a filing on me. If I don't see any written proof that I owe the amount they say I owe, I might just have to go to court first.
  7. Ok, enough with the bickering. LOL I come back from a long night in airports to catch up on a flame war in my absence! So... and differing opinions is what I want to hear.... what do you think the best course of action would be for me? Go ahead and ITS the lawyer? The CA has not yet responded, and the 30 days I gave them ends next week. I did get back the green card from both entities rather quickly. The local attorney, again, didn't do anything in her letter but just said "my client says you owe this much" and didn't even provide account information. No opening date. No OC account number. No DOLA, nothing. I suspect that the attorney (and I did some follow up, the letter did originate from a law office) did not have any information about the account in front of them. I suspect that I won't hear back from Portfolio now, since I DV'd both of them at once. My thoughts: I want to DV2, and basically instead of the form letter demand, I will remind them that I am entitled to validation of the debt. Saying your client I owe X amount is not validation by any stretch of the imagination. It is extortion. Please send me proof that I owe this. That's the least that I ask. I intend to produce all of this in front of a judge to show a good-faith effort in attempting to resolve this peaceably. However, the lawyer has not given any language that looks like an ITS threat---yet. It's a $3K balance which I am disputing as fraudulent, and that will be obvious on the CC statements, the last two months of transactions were foreign ATM withdrawls in Africa. I suspected back in 2001/2002 when I disputed the Providian account that a website purchase had caused my info to be divulged, but never received anything from a merchant informing me of this. Account closed. Undisputed amount paid as PIF. Then 3 years later collections start out of the blue. Lovely.
  8. Is the date you are to appear out of the SOL window? I would argue that if it is, then the debt is uncollectible at that point.
  9. Well in my circumstances, this is an attorney just telling me "pay X and I'll go away," which is insufficient. They aren't telling me why. dive: Can you reference other cases to the contrary from Chaudhry, which I can quote in a response in case the attorney tries to file for a judgement?
  10. Ok. I sent off a DV1 to the CA and to the CA's lawyer concerning an old Providian account that is just outside the SOL and I have disputed the balance as fraudulent CC charges. You are going to just LOVE this. I'll just post the response here verbatim. So, basically... they are refusing to validate the account. They are passing the buck back to Portoflio and saying "well, they say you owe this" and leaving it at that. I have not heard back from Portfolio although I did get a green card. That's it from the lawyer. No ITS from the lawyer threatening legal action, other than just "well, this is what Portfolio says you owe." I don't consider this to be validation from the lawyer. Comments? Suggestions???
  11. IANA-FL-L, but not sure what can/will happen to a debt once a judgement for it has been filed (whether the lawsuit itself restarted the SOL clock or tolled forever since the dispute has hit the courts, you need to know what the state statutes are). Perhaps someone who has gone through this process in Florida could clairfy?
  12. If you were summoned to appear (with a date and time) before court, show up. It sounds like this was sent to you from a process server or the USPS man was trying to deliver a CMRRR letter but failed and instead gave filled out an absentee certified-notice. The court that is hearing the case is printed on the summons, it should also have the address. Complete the questionnaire and see if you can get in touch with a lawyer quickly tomorrow to review it (post it here and the responses to intend to come up with if you like). Your defense for this will be improper jurisdiction (this should get it dismissed). Remind who is at the hearing that the plaintiffs have not provided you with any information regarding the debt, such as what the amount is for or that the debt is within the Statute of Limitations for NC, and that this suit should have been filed in NC, not here. By the way, DV THE CA/JDB RIGHT NOW. Go search for a sample DV letter, ship it off CMRRR. You want them to validate the SOL date and profide proof after you get this dismissed on hearing. If they can't give you none, chances are that they won't be very convincing at proving anything should you countersue them for trying to collect on an out-of-SOL debt.
  13. Call them back and ask them to give this to you in writing. Writing writing writing is the key. Call now and ask them to call you back when they have mailed it so you know when to expect it. If you don't get anything, DV the CA and get them to validate the debt first before you give them a cent. Further, when you supply the check... type on the check "CASHING THIS CHECK THE BEARER AGREES THAT THIS IS PAYMENT IN FULL FOR THE DEBT OWED AND PAID AS AGREED." The legal term for this is Accord and Satisfaction. When you receive the demand in writing from the creditor, you place the statement on the check that if it is cashed, you are released of any further contractual obligation. It is important that you have the debt-demand in writing first, because just sending a payment with the "satisfaction" clause is not necessarily going to be a defense for you if ever the debt continues to be disputed. It is important that you add this to the check and it is clearly visible. KEEP THE CANCELLED CHECK WHEN YOU GET IT BACK FROM THE BANK... GET THE ORIGINAL!!! This is legal ammunition that the debt was paid off and no further collection is possible. All too often a CA gets paid, then the debtor winds up getting dunned again because of sloppy recordkeeping, or (worse) fraud---don't let the possibility of this happen to you. When you settle a debt, you must insure that when you settle both parties agree. Your validation that the creditor accepted the contract is the cancelled check with the statement clearly written on it. Even if the creditor crosses your words out, you still have the demand letters to prove they accepted. No further collection attempt is possible.
  14. You would need to file an appeal to the Florida decision--not countersue this time. Your goal is to get the original judgement vacated or remanded back to the court for a hearing. You can include the history of what happened to you in Virginia as well. Do you have access to a FL lawyer? It sounds like this would be a fairly substantial amount of money if the creditor is willing to go to all this trouble.
  15. Did they send another crappy offer after you DV'd? The DV I used was a DV+C&D combo. I just got back another greed card today from the JDB (this case it was Portfolio Recovery). Waiting to hear back from the attorney I sent the first DV to.