Raihana

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About Raihana

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    TX
  1. Yeah, it seemed very odd to me as well. This site is awesome! I have used many of the techniques here to help clean things up. Been here awhile, just do more reading than posting. There are just a few things that may still be hanging out there. What worried me most on this was simply the inclusion of a possible default judgement; I had thought that was the end of it once a judgement was entered and that there was no recourse. I spoke with an attorney in TX today who said also that the judgement can be vacated if they actually get one. The attorney also said that they have 5 days by federal law to send something in writing. I will send them a letter and then we wait and see. Thank you to everyone!
  2. Not quite out of statute according to the dates he told me, they have last payment as October 31, 2009. The company is EGS Assett Management, all I can find on them is this: http://www.bizapedia.com/ca/EGS-ASSET-MANAGEMENT-LLC.html
  3. According to an attorney located in Nashville, sloppy service is the norm in TN. according to:http://www.creditinfocenter.com/legal/process-service-requirements.shtml "Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served." The thing is we have never lived at her house (or in that county for more than 15 years!) She is refusing service. They are saying they will go ahead with suit anyway. The attorney I spoke with this morning said that all they have to do is sign that it was served for that to happen. He is willing to represent it but wants a $1000 retainer, at that point I may as well pay the $650+ settlement offer though even if it is a scam The thing is if I could verify it I would be willing to pay just to be done, at this point it's only a lot of heresay though with a threat of lawsuit.
  4. "Actually, by giving the information to a third party, (your relative) they have violated provisions of the FDCPA (see the link above) and you now have grounds to sue them." It was me they released info to, including having me verify they had the last 4 numbers of his SS#. They didn't verify who I am though and apparently do not have me listed as a defendant or on the account. 1. Who is the named plaintiff in the suit? My husband 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) no complaint received yet insistant on serving my my relative although we have never lived there. 3. How much are you being sued for? $4500 + 4. Who is the original creditor? (if not the Plaintiff) Orchard Bank was said to be OC 5. How do you know you are being sued? (You were served, right?) Relative called and told us they were trying to serve her. She is refusing, should she accept? 6. How were you served? (Mail, In person, Notice on door) not served yet 7. Was the service legal as required by your state? Is TN that they are tring to serve papers in, we have not lived in that state for about 1.5 years 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I called them Saturday and they released info to me without getting permission from my husband or verifying who I am. 9. What state and county do you live in? Dallas Co, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) they said it was last paid Oct 31, 2009 11. What is the SOL on the debt? 6 yrs in TN, 4 yrs in TX 12. What is the status of your case? Suit served? Motions filed? You can find this by calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Courts in relative's co and our last county of residence have no record of summons but said may not if it is a private service company. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. - no, this is first contact from them. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? - no paperwork served just rumours that it is and will get default even if they don't serve it 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Again, haven't served us here, are insistant on attempting to serve my relative.
  5. Contacted by a family member I have never lived with Sasturday 3/2 who said they were attempting to serve court papers on my spouse. I called the company in question. They did not verify who I was other than to give me his info and have me verify it. He released OC, amounts, dates (not out of statute) and said they had mailed notices to an address we haven't lived at in more than a year. (I know our credit reports hav reflected proper address since last April 2012.) He says can settle until papers are served and then settlement offer is no good and put a hold on it through Monday March 4. He was supposed to send a stipulations letter via e-mail for me to research info and verify whether the debt is ours but did not do it so I was thinking it was a scam (we have had at least one debt wrongly placed on his credit report so someone gained access to his info recently). I also gave him current address when I spoke to him. Searching the company here and via google comes up with limited returns. No web page, only one entry on bizpedia gives any information and lists it as a 2 month old company in CA. Today my family member called again, the are trying to serve her again. Said that if she would not accept it that court proceedings would continue for a default judgement. Would that not be improper service and was it not already a violation of privacy? Obviously if I can pay the settlement amount and keep from going to court that is what I want to do *if it is a valid debt, through a valid company* he is pressuring to just pay, saying that settlement is opnly an option up until service indicationg that there is no time for the typical options and that we will be sued, without even having been properly served (my relative has told them a few times now that she is not authorized to accept summons.) Where do I go from here? Can I still even do this on my own? (We now live several states away.) What kind of attorney would I even search for if defense becomes necessary?
  6. Month to month lease with no recourse for termination indicated in the lease we had prior to the month to month arrangement. Attempted to give 30 days notice but was not allowed the time prior to keys being demanded (landlord got really nasty). Was demanding the rent for the entire month but since we were not given the month it has not been paid (we were there only 1 week into the month) Just now discovered via credit report that work was done after our departure and was apparently billed to us as it now reflects on our credit report as a negative. Would not doubt there is a 'good old boys' network at play here. I have challenged it on the credit report but not sent anything directly to the creditor to challenge it yet. Is it legal for someone to incur debt on your behalf without your say or might I have a case for identity theft? Controlling state would be TN.
  7. I am not even sure I rememer this doctor and certainly don't rememer having an old doctor bill in the amount they are trying to collect. I received a notice from Buffaloe and Associates today RE: a Ph.d. It does have the standard disclaimer that"At this time, no attorne with this firm has personally reviewed the particular circumstances of your account." Is my next step to ask them to verify the debt? If this is a doctor that we saw it would have had to been prior to our moving away from the area where the doctor was located in June of '04 and most likely from 2003 or prior so it may be outside the SOL. Also if it is not quite outside the SOL but close (as in if Oct or November of this year is the 6 year mark) then would they simply have to file by then? I am still confused regarding the steps though so I figured I would ask the experts
  8. http://www.lawskills.com/case/ga/id/280/16/index.html I am not sure I full understand what it's saying but it appears there may be some question on how to interpret the law.
  9. Just to make sure I totally understand (and not to sound stupid) but what is considered an Open account?
  10. Okay, we have new information. Still need to know how to proceed. This stinks! The creditor is Home Federal Bank and the collection agent is Revenue Recovery Corp The debt is for an auto that was reposessed in approx 1998. The account was actually not charged off until 05/1999. He was served 05/13/00. They were asking for the amount of $3784.64 + court costs. We agreed to a pmt of $120/mo to begin 06/15/00 and may or may not have made a pmt aor a few at that time. We filed chpt 13 in 12/00 but was not able to complete it when the husband lost his job. I am unsure whether they received any money from it or not. We have heard nothing from them until today when we finally received the paperwork. The date of the Judgement is listed as 06/15/00. It looks like we have a 10 year statute of limitations on this in TN. Are we just screwed? I ran the numbers and without ANY extra expenses, accounting it will leave us $400 a month for food (family of 5) and gas. I have nothing of real value to sell at this point. We were just now breaking even / starting to pull a bit ahead. What are our options besides chapter 7? We really don't want another ding in the credit, then again how bad would that affect us?
  11. So where do I go from here? There is no way we can continue to pay what we are paying and nothing we can let slide without serious repercussions. Is the answer in the forum already and I am missing it?
  12. Realtors are more than real estate agents, they are members of a board of Realtors. I *think* real estate agents have to be licensed in every state. Many states also require E&O (errors and omissions) insurance to cover precisely this sort of thing. I *think* in my state you would have a case against the Realtor, his/her employer (real estate agents here are accountable and to be supervised by the broker in charge of the office) as well as the inspectors. I am not an attorney but I used to sell real estate
  13. We had checked our CR's June 19, no judgements showing on any of the 3. His student loan was in arrears but we just paid the 5th pmt on rehabilitation. He is going to check with his employer on Monday when payroll is open and they should at least be able to give us some info to go on (court, creditor, something)
  14. I haven't posted alot but I have been reading and working on stuff on my husband's & my credit report. Today we had an unexpected hiccup and I really don't know what to do. On checking our bank account we saw that the husband's (direct deposited) check appeared to be short. When he got to work he received and looked at his check stub to figure out what the problem was. He discovered that his check had been garnished at that point. We are not sure by who or for how long, the only info is "garnishment" and the amount. We have not received any paperwork, court dates, etc. Up until last month we lived in the same place we have for the past 2 years so it isn't as if we are hard to find to serve summons, etc. Just based on the amount they took this time and what he could be held legally accountable for it has to be 1 of 2 places. One of those is the apartment complex that we lived in before the last place. They had a forwarding address but never bothered to send notices, it did, however appear on our credit reports through Allied Collections. We were getting ready to pay them after catching up from moving (I have a small balance at this last complex that I don't want to fall behind on & have it appear on our credit report too). With this garnishment we will be lucky to have enough to meet budget for this 2 weeks (including rent, electric, gas & food) on this check. They took 25%, which as I understand is the maximum allowable) I don't mind paying them but I don't think we can afford this month over the next 1 1/2 months and not loose our apartment, insurance or something! We are in TN What, if anything, can I do?