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Everything posted by swirlgirl

  1. They cannot garnish wages until they file a lawsuit AND win their case in court. You would have a chance to defend your case in court. Even if you are paying them monthly, they have the right to file a lawsuit. But again, they can't garnish until they win the case. Did you ever validate the loan?
  2. The charge off is most likely already on your CR. The court case will not go on your CR until a judgment has been granted. If you don't want to fight the court case, write up a settlement offer and send it to the lawyer listed in the complaint. Make sure it includes that the case will be dismissed in exchange for payment.
  3. They cannot do a garnishment until after they file a lawsuit AND win the case in court. So you don't have to worry about that for now. Don't let them push you around. If you want a settlement, write up your own settlement offer with payment terms you can live with and send it to them. All they can say is no. But you need to stay in control of the process.
  4. Also consinder that you voluntarily gave them permission to call by listing them on your application and providing their contact info. You're best bet is to pay the checks. Payday loans suck.
  5. You can't do a motion to vacate because a judgment has not been granted. I'd say give it a few days to see if you are served. You can send the DV, but it most likely won't yield much.
  6. So, when you closed the account, you made a lump sum payment? Because if you are still paying on it, then they may be within their right to change the rate on the ongoing payment relationship.
  7. Leb, did you close the account in the timeframe indicated in the notice? I recently had a rate increase and they gave me a certain time period to close and pay the account or get hit with the rate increase.
  8. I do want to encourage you. However, from a legal standpoint, there's not much of a defense against non-payment of rent. Either you paid or you didn't. So the judge was not inclined to hear your reasoning and let the judgment stand. Do you have any friends or family you can stay with?
  9. The House is going to try to push through another vote on this: http://www.eweek.com/c/a/Mobile-and-Wireless/House-Sets-Another-DTV-Delay-Vote/ Try looking at place like Wal-Mart or even Ebay for a low priced, basic converter box. Do you have a DVR or Blu Ray? A lot of these come with a built in digital tuner.
  10. Just remember that in your card agreement, it probably stated that the cc company could change the terms at any time. I'm sure this would fall under that heading. So, most likely, it's legal. I wouldn't think there would a required notice period either. As always, if you don't like the new terms, you can always close your account.
  11. I know that Congress was looking into extending the digital conversion deadline so the government could fund more coupons. But, I would say don't depend on it. Buy your own box. They don't cost that much and if you have cable or a newer TV you don't even need a box.
  12. Who's reporting? The OC or the CA? If it's the CA, have you contacted them?
  13. If you are going thesecured card route, it may be better to find a secured card that reports to all 3 CRAs. Try the BOA or Orchard secured card. Also, have you tried to dispute some of the items on your CR? You don't always have to wait.
  14. I'm assuming it was paid charge off or a paid collection account. The payment date doesn't matter. What matter is the date of first deliquency. I would assume the account first went deliquent in 2001 and then paid in 2002. I would try "obsolote" first to see what happens.
  15. Can it pop up? Yes, if a CA starts to report it. The question is can it stay. If the account originally went deliquent in 2002 or before, you can dispute with the CRAs as "obsolete."
  16. I doubt they would put a lien on the house in any case. If she is in default of a Federal student loan, she can rehab the loan to stop the collection process.
  17. How much debt are you talking about? It sounds like you are planning on getting a judgment. There is a long path before that happens. Have you tried your cc company's hardship plan? Have you tried a reduced settlement? Anyway, even if they file a lawsuit, they will have to win their case before they get a judgment. You will have time to prepare a defense. Many times they don't have the documentation to win. Concerning service, each state has different rules and if they can't reach you via a physical address, they may be able to serve you via mail. You would have to check your state rules. As far as garnishment, each state has different rules as to maximum amount they can take. But if the garnishment became a hardship, you could always petition the court for reduced payments or a non-garnishment payment plan for the judgment. You'll have to check your local rules for more info.
  18. Not being snarky here. But why should debt collectors care about your situation? Payment of the debt was not contingent upon the debtor having great life circumstances. Yes, they are rude on the phone. But so what? They try to scare you, but so what? Educate yourself and deal with the debt.
  19. That's why I always say go to the data furnisher.
  20. The key to all of this is to stop random spending until the account is brought into balance. Wait until all deposits are posted. Don't use auto-debits, bill payer, or anything else that will automatically take money out of the account. Withdraw a little cash for spending, but don't take anymore out until are bills and necessities are paid for. No magic needed. Just common sense.
  21. Some people are losing 30-50%. Are they going to be able to recoup all of that? Perhaps. But the thing that worries me is that the market is going through some serious changes. This is not a normal slow down. We have yet to hit bottom on the mortgage crisis or on the rising unemployment. Then, it will take some time for the market to feel the effects of high unemloyment. There will be more retail, restuarant, and media chains closing. Then factor in the effect of the closing of 1 or 2 of the big 3 auto companies. It's hard to use standard investment wisdom in this current enviroment.
  22. Andres, are you balancing your checking account? It sounds like you're losing too much money in OD fees.
  23. The thing with 401ks is that a lot of people didn't do anything when the markets began to fall and they lost a large percentage of their money. They should have moved their money into a safer fund within their 401ks. Most programs have a money market option that could have been used to protect the current value. Even a bond fund would have been an option. When things are better, the money can be transfered back into a growth fund, emerging markets, etc.
  24. To your question #1, you can file a motion to compel discovery. So a search for a sample. Question #2, do a search for motion to dismiss. There are samples on the forum. Question #3, http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/documents-and-papers-from-a-court/counter-claims-cross-claims-and-third-party-complaints/qandact_view What is a permissive counterclaim? Another type of counterclaim is called a permissive counterclaim. This type of claim may be filed in the current lawsuit, but because this claim isn’t based on the underlying events at the heart of the lawsuit, then it doesn’t have to be filed as a counterclaim. If a counterclaim comes up after all pleadings are filed but before the Court has heard the case, a party must ask the court for permission to file a supplemental pleading to include the new counterclaim. If a party fails to file a counterclaim because of an oversight or neglect, that party can ask the Court to change – “amend” – their pleadings to include the counterclaim, but only before the Court has started the trial. It sounds like you are getting in over your head. Have you consulted an attorney?
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