smurfette in nyc

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smurfette in nyc last won the day on October 21 2008

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About smurfette in nyc

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  1. Best of luck to you! I hope to read a positive update from you soon.
  2. Thanks for the reply. I guess what I need to figure out next is whether or not collection of the judgment can continue until that assignment is filed, since I'm assuming that it was not.
  3. To my understanding, Camden is one of the most dangerous area's in the US. I happen to live in NYC, where a small attached home in the borough of Queens cannot be found for anything under $400,000!! I'm talking about a 2 bedroom, 1 bathroom house on a tiny lot that is attached on both sides. For a more conventional 3 bedroom 2 bathroom detached house in a safe neighborhood of Queens, you need upwards of $600,000, with most homes going for a million plus! I sometimes truly think I'm crazy to live here since all I can afford is my apartment, lol.
  4. It's been a long time since I last posted on this forum, so I just wanted to say hi again to all those familiar posters and mods still here, and wish you all a Happy New Year! In addition I hope to get to better know and help all the newer members here as well, so I look forward to being more active here once again. As for myself, other than the judgment I ended up with after 3 long years in court, my credit has improved and I've incurred NO debt whatsoever in the past 3 years. I'm hoping to purchase a new home within the next year or so, but in the meantime life is good. The only surprise I
  5. It's been a long time since I posted on this forum, it's very good to see both long-time regulars and new members actively contributing here. A big thank you and best wishes for this new year to everyone! Now to my troubles...I have a judgment from 2009. I have been paying it off solely by wage garnishment. Each of my pay stubs has shown the original amount, and how much I have paid to date, which is being handled by a local marshal. Out of the blue last week, I receive a dunning letter from an infamous debt collector/JDB we all love to hate, stating that my judgment remains unpaid. The
  6. I found this Case Law: http://vlex.com/vid/25258562 Very interesting to read, and it gives me a lot of hope! Here is a summary: Contracts - Procedure/Rules - Evid/Wit/Trial: To prevail in an action on an account, the plaintiff must establish the existence of an account in the name of the party charged, as well as (1) a beginning balance of zero, or a sum that can qualify as an account stated, or some other provable sum; (2) listed items, or an item, dated and identifiable by number or otherwise, representing charges, or debits, and credits; and (3) summarization by means of a running or devel
  7. This is what I feel Andy was referring to, in regards to the thread link I posted. Of course, I'm not stupid, lol, and realize his initial post about so-called "lawyer-bashing" was in response to the post I made about my experience with unethical attorneys. I pointed that thread out to remind him that my personal feelings about lawyers in general wasn't quite what he may have thought. Have a nice weekend everyone!
  8. I believe Andy is referring to this this thread, as far as a forumer complaining about him, where I happen to defend him and lawyers in general: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=257639 The beauty of a forum is that we are all able to voice our individual opinions. With that said, instead of getting upset about any comments we don't like, we just need to agree to disagree and move on. Again, I will reiterate that the lawyers whom were hired to represent Discover against me were as low as low gets. NOT because they were doing their job, but becuas
  9. I don't mean to vent here, but Discover Bank, and some of the attorney's they hire to file these suits, are part of the biggest low-life's in the industry! They sued me in the summer of 2006, and they lost the case, (dismissed with prejudice) in the summer of 2008! They couldn't deal with that loss, so they filed an appeal last fall, which wont be decided until the summer of 2009-that will make THREE YEARS of aggravation I've had to endure from them! I really hope they lose their case against you as well, best of luck to you!
  10. No need to apologize, everything being discussed here is both interesting and informative. Anyway, has anyone on this board ever been sued by an OC, had the case dismissed with prejudice, only to have the OC file an appeal? If so, please share your experience and the ultimate outcome of the case. I hope that anyone here who has any experience with appeals posts in this thread. As always, replies are very appreciated!
  11. Again, this issue deals with CPLR 2309. In the past, the Appellate Court would decide that lack of an affidavit of conformity was a fatal defect. Not so anymore. In fact, reading the latest opinions and decisions of the court show that they feel this is merely a error that should be ignored.
  12. From NEDAP: Improper Service (no personal jurisdiction) The defense of improper service applies if (1) you never received the summons and complaint at all; or (2) you received the summons and complaint, but the manner of service was not correct. Under New York law, a process server must try to make personal service or substitute service. Personal service occurs when the process server delivers the summons and complaint to you in person. Substitute service occurs when the process server leaves one copy of the summons at your home (or place of business) with a roommate, relative, or other resp
  13. I would suggest you read up on "Defending Creditor Lawsuits" on the NEDAP site: http://www.nedap.org/resources/consumer.html#defending
  14. Is this debt still within the SOL? Also, did you ever write Midland a DV letter? Did they respond? Are they acting as a CA, trying to collect for an OC, or, as a JDB do they claim they own this alleged debt? All important info that you should post to get the best advice. Also, being that you are on disability, I would imagine makes you judgement proof, assuming that is the sole source of your income. Anyway, answer the above questions, and you will get great advice here to help you overcome this problem.
  15. First of all, consult with a NACA lawyer ASAP! If you have a case, the lawyer will take it on contigency, and you may find yourself being awarded damages for violations and such. Next, to begin the process of getting this CA's tradeline off of your credit reports, do the following: Send a letter to each CRA that lists the CA's tradeline and explain that they are reporting inaccurate information on your credit report. Specify the date the lawsuit was dismissed, and the corresponding account number as listed on your CR. State the name of the Judge who dismissed the case, as well as the exact