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Everything posted by dustysmom

  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
  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 t
  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
  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 SO
  14. I did send away for an updated credit report from all 3 credit bureau's to see how this account is listed. Do you all think I should counter sue? What i planned to do was print out a copy of the SOL for Pa and highlight 4 years for the credit card debt. Is there anything else i should do. Also I've not gotten any paperwork at all from the law firm that is the plaintiff Capital One Bank USA nA 425 Eagle Rock Ave C/O Paul J Klemm Esq Rosenland Nj
  15. I called the court back all they said i had to do was to show up and tell the judge my story, and that i need to have 3 copies of everything that I have in regards to the case. 1 copy for the judge 1 for Capt One and 1 set of copies as a back up...... A long time ago I sued some collection agencies and creditor and won. But i was not ready for Capital One--I feel like I'm starting at the bottom again. I've not heard from capital one for years and i mean years. And I've got so much going on.
  16. Hi, Its been a long time since I've posted. I need some help. I was just served a summons for small claims court. I've been sued by Capital One Bank -- I called the court to tell them that i wanted to defend this case. They told me to disregard the date and time that is on the paper work and that additional paperwork would come to me along with a new date for the hearing. More then likely the hearing will be in late Dec/Early Jan. Its been a long time since I've been in small claims court. I really need some help. I've got so much happening in my life right now that I do not want to lose this
  17. Right now I'm unemployed I'm a school bus driver and we are off for the summer, my bus company does have some summer bus runs open which start on July 7th, so i will be back to work on July 7th and work until Aug 15th then I'm off for about a week and will start to work from Aug 25, 2008 to June of 2009. I do have applications out for some additional part time work but so far nothing and i have been following up. I had a part time job 3 nights a week but the company closed about 3 months ago. As far as the lawsuit the defendants will not appeal and the pay out will be within 30 days. I'm no
  18. Well i talked with 3 attorneys today about a chpt 13 and my pending lawsuit. I was told by one of them not to list it..and that i could file the bk today, I walked away from that attorney's office. The other two attorneys asked me for the name of my lawyer on my lawsuit they wanted to ask him some questions that i was not able to answer. They called him but he was in court. They said that after they had their questions answered then they will be able to better help us with the chpt 13. Remember i want to save my house and my truck and my husband's car.
  19. If i only owe about 186,000 dollars between my mortagage and 20,000 for 2 car payments and if i get the million dollars why would i come away with Zero money? I donot understand that. We would file chpt 13 if we decide to file.
  20. I will not hide anything if we file. We have no credit card debit. We have our mortgage and two car payment, which we are behind in. Car creditor are working with us. My mortgage company is not. We are thinking of filing to save our house. I just want to know if i won the million dollars --if the trustee would take enough for us to pay off the house and the cars. And if i would be able to keep the rest of the money. My payoff for my house is 168,000 and to pay off both car would be about 18,000. The lawsuit is a wrongful death lawsuit.
  21. Thinking of filing for a Bk right now I'm collecting unemployment and its only 99 a week. which would be 400 a month when i was working i was taking home after taxes about 1200 a month, Husband is still working. My question is I'm also involved in a lawsuit which i stand to win a lot of money over a million we go to court for that lawsuit in July. If we file Bk now and i win that money will the court take that money? Can my hubby just file without me ? Hubby is not part of the lawsuit?