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Posts posted by charlanyc

  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. 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.

  3. I would serve my own discovery requests. Statements of account is not proof of contract. Request the original contract and any other written documents with your signature. Do this before they try to file for MSJ.

    Is there a copy of a contract on the record? Statement of account is not DV.

    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!

  4. 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.

  5. 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?

  6. 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.

  7. 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

  8. I'm dealing with Mr M. Harris also. I just got my account frozen today and did the paper work for order to show cause. If possible can you please show update on your situations. You experience will greatly help me! Thanks guys

    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 xdancex

    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.

  9. I am receiving letters from an attorney on behalf of LVNV. I have been ignoring them (yes, I'm in denial but trying to snap out of it!).

    I have gotten the advice to send a general denial back to the attorney disputing the claim (haven't acted yet as I am afraid of provoking a law suit).

    In hindsight would you have sent the letter of denial after getting the first notice (prior to the suit)?

    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 ?

  10. Second, I have run into obsticles either in trying to sign up with, or reading posted FAQs on these web links. The thing is, I do not subscribe to telephone service. The online sign up forms require you to have a telephone and the FAQs indicate that you need to dial a 1-800 number in order to cancel, ect ect.

    StressPot :)++

    Have you tried looking at Skype? These services are not only for credit monitoring, but to also protect your identity. Its important that they verify that you are who you say you are.

  11. Capital One has 90 days to report your account as settled or paid once the collection agency they are using with you receives your money. I settled over 30 days ago. I called Cap 1 and spoke to supervisor who told me they have 90 days to fix your reports.

    This is what I'm experiencing..Its been 30 days and I havent heard anything or seen any changes to my CR

  12. I think I read on the CB forum that a bunch of people applied for cards the last weekend in September and a bunch of people got approved for insane credit limits like (20K for several different cards) then only to find out later that the creditor did a manual review and rejected the approval. There was as sticky about it on CB I think.

    That sounds like Junami - which is different.

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