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saramorgan

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Everything posted by saramorgan

  1. Spoke to another NACA guy who was very nice but to far away to take the case He also suggested working out something with the CA's lawyer which I'm thinking is what we will end up doing I suppose. Why has it been so darn hard to get an attorney????? I hope my defenses are ok, I'm attacking the validity of their right to collect basically. Right now I just want to prevent a default judgement so I will submit what I have (I think I posted a copy here somewhere). I'm extremely nervous that we will get run over by their attorney. I've read and read the RCP's until my eyes felt like popping out and still feel very unprepared for court. From what the last guy told me, judges are getting tired of hearing people use the FCRA and FDCPA to "avoid paying their bills" (his words not mine) and are tougher on debtors. I have no problem paying what we actually owe but dang they want double that and for what? Paying a couple a hundred dollars for a name and account number? We were paying on the stupid account but couldn't make the minimum payment so the debt was charged off. I stupidly thought that something was better than nothing! Sorry to vent, feeling kinda lost and alone at the moment. Thanks for listening and I'll post updates as I get them.
  2. I might not have a choice about mediation, there is a note on the summons about NC requiring it in some civil cases. I'm just going to submit my answers and keep trying to find a lawyer.
  3. I have to admit that a part of me is secretly pleased........LOL I remember sitting on the couch very preganant with my twins, watching TV with DH, and wishing lots of stretch marks and saggy places on her.
  4. So the one guy I spoke to said that we could write a letter stating we dispute the amount and request a hearing which would then send us to arbitration. We owe this debt and plan to pay it but they are asking for twice what we owe. Now I'm even more confused than when I started........LOL Do I challenge the validity of their right to collect as an assignee or do I just go into arbitration? WWYD?
  5. Send a debt validation letter ASAP!!!! There are several samples on this site that you can use as a guide. I would definately ask them to show how they came up with that amount. Not sure about SC but I believ the SOL starts from when you first defaulted. If your monthly payment was $100 a month and you got behind a couple of months, then payed $50 you would not have brought the account current. Hopefully someone here who knows more about SOL will respond. I'm a twin mom too so I know how you feel! Whatever you do don't ignore it or they can get a default judgement against you.
  6. Send a debt validation letter ASAP!!!! There are several samples on this site that you can use as a guide. I would definately ask them to show how they came up with that amount. Not sure about SC but I believ the SOL starts from when you first defaulted. If your monthly payment was $100 a month and you got behind a couple of months, then payed $50 you would not have brought the account current. Hopefully someone here who knows more about SOL will respond. I'm a twin mom too so I know how you feel! Whatever you do don't ignore it or they can get a default judgement against you.
  7. One would think so, however, he said that during discovery they have the opportunity to do that. If they don't do it then, I can motion to have it striken as hearsay. I have no idea if this is correct under NC law and am in the process of leaving messages for every NACA attorney in NC.........LOL
  8. Yep, he said most judges will look at the business records as appropriate first hand knowledge. Plan to start down the list of NACA attorney's this afternoon .........wish me luck
  9. Thanks for the tip Carolina Would you mind telling me which NC guy you used? You can PM me if you are comfortable sharing that.
  10. Arrow is also reporting as a factoring company on the credit reports. There is something weird with how they are reporting dates on EQ though. They are reporting the DOLA as 4/05 and the Date Maj. Del. 1st Reported as 7/06. The debt was sold in March 2006 and GE shows a charge off date of April 2006. They bought the account in default because I wasn't able to make full payments and that is why it was sold. I made payments just not what the minimum was each month (DH had two heart attacks within 4 weeks and we had no insurance). I had made a deal with GE money to pay less but they didn't stick to it (no I didn't get that in writing). The amounts on my last statements from GE Money are different from what we are being sued for.
  11. LOL........I thought I was a pain in his keister Carolina and that's why he wasn't calling me back. It hadn't occured to meto call someone further away but I will do that on Monday. 1. Who is suing you? Arrow Financial LLC assignee for GE Money Bank 2. For how much? $3700 3. Who is the original creditor? GE Money Bank 4. How do you know you are being sued? Received complaint on 8/25 5. How were you served? Were you served? Served by Sherriff 6. What was your correspondence (if any) with the people suing you before you think you were being sued? Recieved a faxed settlement offer 5/06 made one payment but did not sign an agreement. Received a letter two months later saying "Past Due Balance........thank you for your promise to pay blah blah blah" 7. Where do you live? NC 8. When is the last time you paid on this account? 5/06 to arrow and 1/06 to GE Money 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). It was just filed on 8/8 so I need to check on that. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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 interrogatory received and only 4 statements on the complaint. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Only evidence submitted was an affidavit from a clerk who works for Arrow stating she has personal knowledge of the debt yada yada. 14. What is the SOL on the debt? To find out: We are within SOL
  12. We were served a couple of weeks ago by Arrow and plan to submit our answer and defense shortly. I've read through the RCPs and still find myself confused about a couple of things. I tried to get with a NACA attorney but he said he was too busy to take the case and the appt. I had to speak to him by phone never happened (he never called). I've spoken to my BIL who is a NY/NJ attorney(personal injury) and he has shot down a lot of what I was planning to use against the CA, like trying to strike as hearsay the bogus "exhibit A" affadavit from a CA clerk stating she has personal knowledge of the debt (and pigs are flying right now). So for all of you NC people who have been to court, what was it like and do you have any advice on how our court system works here?
  13. Yep, they just left DH's CR after I DV'd them.
  14. Big "Duh" moment, thank you for pointing that out I need to change #2 to admitt. I got paste happy......LOL
  15. One of the stickies at the top said that sending a DV after you have been served is useless. It's doubtful that the CA will respond to one now and you have to be careful at this point what you say in writing and how you say it since they are taking you to court. I'm in the same boat as you and I plan to fight to make them prove I owe them. The CA pays pennies on the dollar for your debt so how is it fair for them to try and collect what wasn't rightfully theirs in the first place? Talking to an attorney is always wise, finding one that understands consumer law can be a challenge though.
  16. I have put together my answer and I'm working on my affirmative defenses now. These are the ones I think apply but I'm a little unsure about "'lack of privity". A little background: We had the account, debt was sold in March 2006, we made a payment to the CA in May 2006. They only submitted an affidavit from some unknown clerk(clerk of CA) as evidence so far. I'm sure they will present the original signed contract agreement with the OC since it was 2004 when we signed that. Will that preclude us from using the Lack of Privity defense? Will the fact that we made a payment to the CA preclude us from using that? Does making a payment imply agreement of a contract? Here is my answer so far:
  17. Eureka!!!!!!! Finally found what I was looking for in this thread Thanks for posting this information guys!
  18. Do people ever come back and update?????? Very interested in what happened here....... reading lots of threads that leave ya hanging as to the outcome
  19. Add me to the list as well! A debt that wasn't reporting since I started pulling TC this past month is now on there and showing that it's been there since 2005. It is also double reporting on Equifax. Something wicked is definately going on there!
  20. Thanks Roadback Isn't illegal to draft a payment out of someone's account without authorization? I know they do it, but how do they get away with doing it?
  21. I'm curious if our bank account can be frozen by a CA who just served us. I plan to send an answer and show up but can they take money out of our account before obtaining a judgement? We made one payment via their online website a year ago so I am nervous about them having our bank information.
  22. Really??????? I just found out that my old insurance carrier has a balance for me from 11/2001. It was never sent to collections and I'm only aware of it because I just opened a savings account with them (USAA).
  23. You said that the bank paid the check? Do you have proof it was paid by the bank? I'd laugh in the guys face. If the check wasn't paid by the bank then go ahead and make the check right with whomever you wrote it to.
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