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charlanyc

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  1. Mel Harris filed the same complaint against me AGAIN! And used the same dates on the summons they used the previous year ! LOL With the first case, I was assured by a Mel Harris lawyer that the case was dismissed with prejudice. Court clerks assured me that I couldnt be sued twice and that people are rarely sued twice.I searched he court records but could not find anything other than that the case was "discontinued". I never sent them a request for validation because a few weeks later, they sent me a letter (that I cant find) stating that they were dropping the case and I believed that the nightmare was over. Well , I was in court with them again this month! A Mel Harris Lawyer pulled me to the side to settle, saying that they had the actual contract saying that I owed their client. And .. that no court records showed the case as being discontinued with prejudice. I refused to settle and said that I would file and "application" for another date so that I could file a counterclaim . Mel Harris agreed to drop the case with prejudice . I now need to go back to get a copy of the official court documents with the Judges signature .
  2. Hi Jean! Good luck in court (next week? ) I 'll be checking back to hear how it goes.
  3. How are the CRA's responding to your faxed disputs? via mail?
  4. It wasnt a summons. A Supplemental Interrogatories & request for admission were mailed.
  5. I see nothing wrong with accepting money to help someone with their credit. Its a service that costs money and takes time. Some people would rather pay than take time to do it themselves. You probably would have done a better job than that mortgage company for a lower price.
  6. I used to have a prepaid legal account, but I didnt use it enough to warrant the extra expense. I liked being able to call up a lawyer directly and ask questions. When I did need to speak to someone, I had no problems finding a lawyer to call and the lawyer followed up with a letter in the mail. My employer (huge Global company) also offers Prepaid legal as part of our benefits.
  7. Genuwine gave good advice. I've heard this happening quite often. The defendant fails to respond and the Plaintiff files for MSJ. I assumed that you were aware of validation is. If they did not fully validate, then ask for discovery. There should be some examples of how to answer Interrogs on this forum. Good Luck!
  8. You must send all documents/communications to the Attorney. If the second debt is not being handled by the attorney's office, then send that letter to LVNV. I would send a full validation letter. Then if they do choose to sue you, you will bring up the fact that they failed to validate and that you have previously disputed the debt. Make copies of the letter .
  9. If The judgment was vacated, they can't garnish. Did you call them the Attorney? This is the only instance where I would call them. I do think you need to send a Debtors Answer to the garnishee /employer which they are required to send to the creditor/collection agency. I dont have much experiene with garnishments - hopefully others will offer assistance.
  10. HI Elopez:)++ Did you already answer the summons? You definitely need to respond to the Supplemental Interrogatories & request for admission. From what I've heard and experienced, Attorneys usually offer much lower settlements in court. However, be prepared with a better defense other than you have life expenses. Have you looked over their documents carefully for any errors or items that can be disputed as hearsay?
  11. Hi Kelly! If the case was restored to the calendar, there should be a trial/hearing pending. Did you receive a date? Also, did you check your local court's website for status on your case?
  12. Okay- I just read your other post. They will sue for $1000+ debts so be prepared. It sounds like you aren't sure what they debt is for. Remember that they are responsible for proving that you owe what they say you owe. Don't assume that because you had an account with a XYZ creditor at one time, that this is the same account or that they can still collect on it. This is the mistake I've made in the past. If the dispute letter is giving you a headache, Discovery definitely will! Don't worry about discovery now. Send them a decent dispute/validation letter- its not something you can mess up or do the wrong way like filing court documents and motions. Also, check your local civil court website periodically to make sure no cases have been filed against you.
  13. You need a "dispute letter" or "debt validation" letter. Big Time gave good advice regarding looking up Dixies' posts on credit boards, however for a newbie it's overwelming. Use the letters on this site (modify them if you want) and send them off CMRR. Read this if you haven't http://www.creditinfocenter.com/rebuild/debt_validation.shtml I use a modified version of this letter and remove the paragraphs that mention me taking legal action : http://www.creditinfocenter.com/forms/sampleletter9.shtml
  14. Hi Ruby, The OP settled and you read my other post. [quote name=Food Stamp;846741 ..You can open a new account in your spouses name ' date='That's what did This doesnt help the situation. The judgment needs to be vacated before it can be removed from your credit report. After our bank account is frozen, they will try garnishment.
  15. Yes, I would have sent the letter, but I never received a dunning letter from the attorney or LVNV. From what I have heard LVNV rarely contacts or sends dunning letters themselves. I know how you feel- I used to have anxiety issues when it came to debt collectors. Now that I've been sued, I'm over it! Sending that letter is the best thing you can do as the Lawyer still must adhere to the laws. Whats the amount of the alleged debt ?
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