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About dustysmom

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  1. I'm helping a friend --she was served papers for foreclosure-She entered Pro-Se and she also filed defendants answers to Plaintiff's Civil Action Complaint.Week of April 14th A few days after they were filed she received a letter (dated 4/22/10) from the law firm that is handling the civil action complaint. The letter simply said "Please advise as to what you are looking for as far as settlement." Then late last week she received another letter from the law firm and its a loan work out package. She wants to know if it would be best to fill out that paperwork or should she send them the QWR letter in return. A little history her and her husband refinanced their home about 3 years ago or so it has transferred about three time to different servicing companies, Litton, wilshire and now BOA. Also July of 2008 is when the first foreclosure paperwork was served they hired a lawyer and in Dec of 2009 the case was dismissed, but she was told that the mortgage company could refile. She also has a letter dated 2/26/2010 and its a copy of praecipe to substitute verification (i have no idea what that is could someone explain to me what that is). They want to remain in their home. They have children still living at home (16.14.9) husband was laid off. Wife works. They are waiting for a wrongful death lawsuit settlement. Husband is actively looking for a job. Husband is working 2 part time jobs plus doing odd jobs for elderly/young families in the community. Any help from you all would be appericated. They do not have a computer. That is why I'm posting and helping.
  2. When i got the civil summons i called the court and told them i wanted to defend the case. They told me to disregard the date and time listed on the summons and that a new date and time would be mailed out to me with instruction on what to do. I did not file anything with the court. Then i found this board and did a bunch of research. I'm a little upset that i could not present my case, as i did a lot of research last week and stayed up late the night before getting everything in order. I'm hoping that there is not next time but If I'm ever sued again by a creditor i will file my answers to their questions and also counter sue them.
  3. OC according to credit report account was opened back in 2001. I can not remember when the last payment was made.
  4. I'm a little confused about the two posts by Roco. In the letter there is an amount listed that they want me to pay.
  5. I'm in Pa --does a collection agency need to be registered in Pa in order to collect on a debt?
  6. I won .. I arrived at court at 1245 and signed in, small claims court was very busy. Case was scheduled for 1pm. At 130 i asked how much longer was told i was next. At 130 the judge called me into the office and said that a judgment would go against them as they had not shown up and that they had 30 days to appeal. So he said for now that I won. He said that i would be getting paperwork in the mail and to keep that paperwork forever. He said that more then likely they would not appeal. He said if they did i would be notified.
  7. Thank you the letter has been mail certified.
  8. Ok I have a collection notice from Merchant's Credit Guide. And I'm a little confused. It says on the top Merchant's Credit Guide Account # xxxxxx Our Client LVNV Funding LLC Original Creditor Providian Financial Corp Original Account Number XXXXX Just looked at all my credit reports and currently it is not being reported on my credit reports that i pulled last night thu True Credit. The original creditor is not even on my credit reports. Now i want to send a DV letter but whom do i send that to? Merchant's credit or LVNV.
  9. How do you find this date on your credit report. I have my experian report and i donot see this date I have date opened, Report Since, Date of Statue, Last reported. I have a court hearing tomorrow and I want to use the defense that the debt it time barred which is 4 years in Pa. This account only shows up on my experian report.
  10. There is a sticky for state laws, I went to my state law sticky which is Pa, but the link is not working it say that hometown was shut down, How else can i get to the pa state law.
  11. 1. Pay off 2 auto loans this year 2. Be able to get a 401 k plan ( my employer has one but i need to work 1200 hours in 2008 so i have to see how many hours i worked I'm a school bus driver so i have roughly 13 weeks off each year) 3. Build an emergency fund 4. Get a full time job if possible 5. Get things done to the house ( new windows to save energy, stuff like that)
  12. I posted a while back. I still need some help. Court date is 12/30/2008 I have a credit report cap one is listed but i do not see a listing that say date of last activity, i have date opened, reported since, last reported , date of status i do have an account history and it says 180 days DEC 2003. And my sol is 4 yrs. Should i contact cap 1 lawyer to see what they have and if so how do i go about doing this.? I contacted the courts and i was told that i needed to bring 3 sets of exhibits if i had them and that my exhibits could not be from websites. I've not heard from cap 1 lawyers at all. How can i tell if they are allowed to practice in Pa, the lawyer has an addy of Nj.
  13. Ok I had posted earlier in Nov. I'm being sued in small claims court by Cap 1. The new hearing date is 12/30/2008 at 1pm. On the complaint that i received its says 1. Defendant owes Plaintiff the above sum of xxxx.xx 2. Breach of Contract on credit card xxxxxxxxx 3. Money due and owning on the account stated 4. Money due and owning on an open book account 5. Reasonable vale of goods sold and delivered and /or services rendered and unjust enrichment's. I've called the court and told them that i would enter a defense and that is why i have the new court date. My defense is going to be the SOL -I'm in Pa so my sol is 4 years. What i need to know is how do i go about doing this. Do i just say this is a dead debt as the sol is 4 years? Should i have proof with me that the sol is only 4 years and where would i find that proof -I found the sol on this website but i doubt the judge would allow a print out from a website. I've got some old credit reports and the card is list on them but they really donot give me that much info. How can i find out the date of last activity? Any help would be greatly appericated. I've read the paperwork that came from the court and it states that i need to furnish 3 copies off all evidence.