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Everything posted by Templar

  1. From NYS's NEDAP Website: In April 2010, New York’s highest court, the Court of Appeals, confirmed that the statute of limitations that applies to a credit card debt may be shorter than six years, depending on where the credit card issuer is based. (See here for the Court’s decision, from Portfolio Recovery Associates v. King.) Here’s how it works: New York has a law stating that the statute of limitations on a credit card debt is six years. But New York law also states that a creditor cannot take advantage of NY’s six-year statute of limitations if the creditor’s home state has a shorter statute of limitations. (This is what New York’s highest court recently confirmed.) Some of the biggest creditors – such as Chase, Bank of America, and Discover – have home states with three-year statutes of limitations. If you are sued on a Chase, Bank of America, or Discover credit card debt, a three-year statute of limitations will generally apply. Example #1: Let’s say you had a Big Bank credit card. The last time you made a payment was in January 2007. You therefore “defaulted” in February 2007 (you usually “default” on a credit card debt about 30 days after your last payment). The statute of limitations starts running from your default, in February 2007. Big Bank sues you in a New York court in August 2010. Big Bank is based in Delaware, which has a three-year statute of limitations for credit card debts. Question: Has Big Bank waited too long to sue you? Answer: YES. Since Big Bank is based in Delaware, which has a three-year statute of limitations for credit card debts, New York law says that Delaware’s three-year statute of limitations must apply. Big Bank cannot take advantage of New York’s longer six-year statute of limitations just because it sued you in New York. Because Big Bank waited more than three years to sue you on the credit card debt, the statute of limitations has expired, and the court must dismiss the case. This same rule applies even if you are sued by a debt buyer on a credit card debt and not by the original creditor. Example #2: The same facts as in Example #1, except now, instead of Big Bank suing you, a debt buyer called XYZ Funding has sued you on your Big Bank credit card. Question: Has XYZ Funding waited too long to sue you? Answer: YES. You still look at where the original creditor is based – the debt buyer does not get any more time to sue you than the original creditor would have had. In Example #2, the statute of limitations that applies is still Delaware’s three-year statute of limitations, since Big Bank is based in Delaware. (It doesn’t matter where XYZ Funding is based.) Since XYZ Funding waited more than three years to sue on the Big Bank credit card debt, the statute of limitations has expired, and the court must dismiss the case. Hope this helps the blog.
  2. Medical Collections are freaky. I've seen too many times medical providers bookkeeping dept rather send a bill to collections than attempt to file forms with medical insurance Co. Likely what happened to you. I'd be on your medical book-keeper and the insurance Co to explain the non-payment. BTW I'd not pay the $77. Damage has already been done.
  3. Time and again I've seen in Court and in initial litigation Collectors claims die because OC's aren't able to produce documentation further back from 18-months. It must be common policy lenders purge their files at this point making audits impossible to produce as are the agreements in effect especially on closed accounts. Could be a reason creditors desperately attempt to *Flip* account. Sorta like re-aging in a manner.
  4. Collectors have lost already since they can't win. The litigation and filing costs have eaten up most that $1.6k now, and there's a recognized Issue of Fact. I think they'll be a no-show at the trial or ask for a discontinuance. This is called asymmetric warfare.
  5. Hmmm. There's more to this story. OP has most correct. A Federal SWAT team (apparently associated with the Dept of Education) breaks down a door to search a house for a woman who wasn't there. Apparently they wanted his estranged wife on some manner of fraud relating to education. The search warrant shows it was to be executed by the Dept of Education's Office of Inspector General, and from the list of matters to be seized it sounds as if they suspected her of getting student loans without being enrolled at a college. Guess the Fed's don't have enough to do except watch reality TV. IMO it's sorta the long way around the barn. Link:http://www.news10.net/news/local/story.aspx?storyid=14110
  6. Think you're referring to Portfolio Recovery Associates v. King. In April 2010, New York’s Court of Appeals confirmed that the statute of limitations that applies to a credit card debt may be shorter than six years, depending on where the credit card issuer is based. Delaware's SOL is three-years
  7. I'd save my cash for something more of a priority, like legal fees to completely make this Chase thing go away. Chase not being able to provide basic documentation...and admitting it....is fatal to going forward in Court. BTW, I've noticed many CC companies can't or won't provide documentation past 18-months. This is especially true of agreements. Lord help them, if you ask for an audit of the account! Good luck. PS: Be aware Chase may attempt to *flip* this account.
  8. usctronjanalum is, I believe, a young person [don't know if male or female] that works as a gopher for an attorney father. When first started posted USC appeared much like a previous banned member in writing style and attitude. Some of USC's info is good. Much is nonsense and certainly doesn't represent the actions of a successful attorney dealing with the Court System. Take USC's advice, like everyone else's advice on this blog with a raised eyebrow. With few exceptions we're all jail house lawyers, but all are trying to help folks in distress. It's a pity since USC is NYS, USC doesn't get into a law school for a year then work for Dad reading the law until ready for the bar. A person can do this in NYS. USC sounds young enough to put up with a terminal college lawyer professor for a year.
  9. Something comparable happened to me in 1998 with old MBNA. Out of the blue I was called asking for a non-existent *missed payment* and then received an immediate pitch to take out a home equity loan [at 14.8%] for the unpaid balance. This phone call started me checking the file. What came to be was ID Thief, and five-years with three court appearances later me correcting the record and being awarded $1.6k for the FDCPA violations and legal fees. Check these things out.
  10. If CACH-CACV-Collect America and their cronies can't respond to a Bill of Particulars and a Discovery Demand, and these outfits suggest the individual charge data is not available on this account, Isn't that to be fatal to going forward? Wouldn't this be the reason for withdrawing the MSJ?
  11. CACH=Collect America. They're JDB. I doubt documentation will be sent in reply for your motions because they don't exist. Think you're dealing with an account stated. I'd be asking for your bank agreement. I doubt it'll be produced, or if one is it won't be the agreement you *signed*. There certainly not an agreement between you and CACH. CACH is banking on a default judgment. Appearing on Court date will throw CACH into a tailspin. Collection legals play hard and bluff until they appear in front of a judge. Good luck.
  12. If you're around NYC, check out this link. You should get aid from this outfit. http://www.nedap.org/index.html Good luck.
  13. I'd check with your Dept of State if the CA is registered in your state. If so, where and who is their registered agent and the address.
  14. Whoa. I've heard "Unclean Hands" used in connection with land disputes, lately with predatory lending institutions attempting to flip a loan or not providing audits. Background: Goes back to old English law with their two courts for the King’s Law and then Court for equity. Courts of Equity were run by the clergy and a person appealed to the mercy of the King. One of the qualifications was a person had to be forthright, upstanding with “clean hands”. US States [former English Colonies] combined the Court of Law and the Court of Equity, but some still have them separate. Maryland may be one of these states having a separate Court of Equity. Think I have this GeeWhiz Info right. If not, maybe fellow bloggers can correct or fill –in.
  15. OP, Check out your vehicle with NADA. It's more real world than Kelly Blue Book IMHO. Link: http://www.nadaguides.com/ Good luck.
  16. You got a point. I suppose the real test is if you can survive without_______.
  17. Attorneys "ghost write" all the time via their legal software!!! With some of this software, the legal pro just types in the clients name,particulars, etc, and makes key stroke for "print". "me thinks [they] doth protests too much"
  18. Why so fearful loosing a ten-year old car? Almost any repair would be over and above value of the car unless it’s some kind of boutique model. Sometimes you gotta bend in order to win. This may be such a moment. Overall my observations are lawyers and creditors seldom seize property/assets in NY on low/middle income people even though its allowed by law. The legal community doesn’t want to deal with all the red tape and man-hours associated with property seizures to satisfy a judgment unless you’re dealing beaucoup de bucks. They want CASH. Your cash income is protected. Also, Don't let your paranoia get the better of you.
  19. The passage and signing of S7034A-2009 becomes effective January 2st, 2011 updating New York's real and personal property that are exempt from money judgments and bankruptcy. Google the bill number, or "NYS Exemption Update Bill" or link to NYS Debtor and Creditor Law. Good reading and information on big changes for the better. Surprised NYS now allows a debtor to use federal exemptions or NYS exemptions. Googling Bill Number, law changes are in upper case. Good luck and Happy New Year.
  20. Really, A CA refusing to pay its own debts???? What's the world coming to? Don't know much about Arizona. In NY I'd write a letter to Dept of State to revoke/suspend their business license for non-payment of judgment, especially if the outfit was a foreign registered business. Additionally, I'd inform the Court [local and county, and state] for outfit ignoring their orders/judgment suggesting CA should be barred from filing any further motions until payment. If the local Court refuses to act, time to file a complaint to your court conduct and review board. See what happens.
  21. Listing MBNA red-flagged me since I had problems with that outfit with ID Thief years ago. I'm curious how Harvest Credit Management obtained your debt and then commissioned a CA to collect. It's my knowledge MBNA was an off-shore bank BoA bought/acquired some where in that 2005 time period. MBNA's files were a mess. FIA appears to have been BoA vehicle to collect old MBNA defaulted debts. Prior to FIA, MBNA used every scum CA/JDB in the nation in the old arbitration scam. I may be mistaken, but these dots don't connect from what I know of MBNA and the spider web of collection entities surrounding the outfit I know about. Like me, You may have had your ID stolen, and paid someone/something claiming.....until you started questioning matters. Maybe our other bloggers can fill the gaps.
  22. Your SSDI entitlements are exempt from paying any debts, private or public same as any disability entitlements or disability retirement benefits. Indeed, the fed agencies will refuse to honor any garnishments orders [child support excepted]. I believe this safe haven extends to state disability entitlements. That being said, your collector will still attempt a judgment and a collection no matter what you say or write. However, their collection efforts won't go any where. It will behoove you to have/keep a dedicated account for your entitlements and inform your bank your SSDI are exempted funds if some how, some way there is a judgment. Good luck.
  23. Well, I suppose you must be very learned and experienced in the legal world, and gifted. I can't seem to find time to generate as many posts as you've put out within such a short time period. I can't/couldn't do it...and with me being semi-retired at that. I yield to you and your skills. The OP certainly needs aid and comfort. Please do the person right.
  24. USC, Don't know where you're going with this. Go on line. Read the Law. That's where you'll find the last word. Attention to Detail. Banks and Courts being creative, imaginative reading laws passed by a legislature and signed by a governor go where angels fear to tread. It's opening themselves up for review by oversight agencies. Courts especially don't want to open themselves up to an Office of Court Administration investigation that's a key stroke away.