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Everything posted by joeyjoe68

  1. that i cant tell you for sure. Good idea to take that letter to an attorney and ask them if it would be binding or not. I woul guess that it would but i am not an attorney. Chances are the CA gets so many of these things they just "sign" them and move on to the next one without even thinking about it. they're probably just happy to get something.
  2. I am not telling you to do this, only you can do what you think is right, but if it was me, and the only difference was the amounts on the letters, than i would go with the cheaper amount and see what happens. WHats the worst that could happen? if the ca says "no way, we agreed to 9000", than oh well thats what you agreed to in the first place. if they sign the lesser amount, than you get a nice present. I would think if they sign it, a court of law would uphold that agreement should something come later in regards to it.
  3. So I have been fighting with Palisades in the courts for nearly a year now. They filed last July and served me in September. Since then i have requested document after document and continued to recieve no response from them or their attorney other than continued collection activity and violations of the FCRA for continued reporting without the correct notation in the reports. Even after I sent their attorney, as well as themselves, warning after warning regarding the violations and the requests for documents that were being ignored i received nothing. I amended my answer to include the counter-claims. STILL nothing from them. Soi finally filed a motion for summary judgement. Even then i recieved nothing from them. I finally tracked down the names of the owners and other high ranking people within the organization(thanks to the bud hibbs site) and sent them letters, as well as thier legal department and the local attorney here, explaining that I had not received any communication reagarding the case as requested, that the file had not only been not reported correctly for months as required but that it even very recently had been noted that it was "placed for collection". I still have not heard anything from them, but notice during todays CRA update visit that Palisades is now GONE completely from the report. So, maybe the letter to the owners actually finally got someone's attention. The court date is the 25th of next month so we'll see what happens between now and then. Small victory though:)
  4. I would call them back for sure, but i would also immediately check your childs CR's. There is a new breed of ID theifs out there that steal young childrens SSN and start to obtain tons of credit from the stolen info with the knowledge that there is a good chance that no one will figure it out for quite a few years until the child gets of age and starts trying to ontain thier own credit. By then, the thief has years of a head start and is long gone and the childs credit is shot before it even gets started.
  5. thanks for the input. Absolutely i am going to pay, i am just hoping to buy a little time is all. but again, thanks for your input.
  6. it's Toyota Financial. was just wondering how the letter sounded is all.
  7. in nevada they base your unemployment wages on the last 18 months that you have worked. If you work for a school district or something like a sports team where you only work certain parts of the year, they take out all of the wages you have earned from those jobs in their calculations on how much you would receive for unemployment. So if you only work for a school district you essentially have no wages to base your unemployment claim on so you get no unemployment. In order to get the unemployment you would have to have two fulltime jobs during the school year so you could use the wages from the second job to claim off of, but even then they may not give it to you because you voluntarily left that job. I agree it's kind of a dumb idea seeing as how they are having trouble getting teachers to work here and stay here. Makes it hard to survive and it's hard to get a second job lined for the summer when your already working full time the rest of the year. Believe me, i tried to get the unemployment for the summer. Here is a copy of the state staute on it. NRS 612.434 Period between academic years or terms; paid sabbatical leave. 1. Benefits based on service in an instructional, research or principal administrative capacity for any educational institution must be denied to any person for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person’s contract, if that person performs the service in the first of the academic years or terms and there is a contract or reasonable assurance that he will be provided employment in any such capacity for an educational institution in the next academic year or term. 2. Except as provided in subsection 3, benefits based on service in any other capacity for any educational institution must be denied to any person for any week of unemployment which begins during the period between two successive academic years or terms if the person performed the service in the first of the academic years or terms and there is reasonable assurance that the person will be provided employment to perform that service in the next academic year or term. 3. A person who is denied benefits pursuant to subsection 2 and not offered an opportunity to perform the service for the educational institution for the second academic year or term is entitled to retroactive payment of his benefits for each week for which he filed a timely claim that was denied pursuant to subsection 2. 4. The provisions of this section apply also to services performed while employed by a governmental agency which is established and operated to provide services to educational institutions and which may make reimbursements in lieu of contributions pursuant to NRS 612.553:'>:censored:XhairXxSteaminx
  8. Just want some feedback on this letter i am planning to send to my auto loan provider. A quick run down of events. I purchased the vehicle in 2003 and even though i nearly 40, had never purchased a vehicle through a dealership before. I currently work for a school district and am off for the summer break. We do not get paid in the summer and I thought the loan payments were scheduled to done with just as the summer break was starting. I had budgeted my finances for the summer on that assumption anyway. Due to a couple of extensions and some late payments the last statement showed up and there was an additional $1000 dollars added on that i was completely unaware would be there. As I said I had never purchased a vehicle this way and honestly did not know it worked like that. All of my previous statements never showed a running total or extra charges and I was going by the amount of payments left to pay off the truck. I figured when the payments were done I was done with them. Well as it goes I do not have the funds to get me through the summer AND pay them off(especially with gas as it is). My plan was to get through this summer with as little as possible (no cable, phone for emergencies only, no special things. I figured, the break is only 13 weeks, i should be able to do that, might even be good for me;)). But as it stands I have been scrambling to figure out a solution to this mess as I will need the truck when school starts so i may get to work and again start making some money to pay it off. Through my reading here i have learned that maybe i can work something out with them so I have written this letter to see what they might say or agree too. Mind you, the truck's payments have been paid, it's just the extra charges i dont have. Thanks for your helpon this, the stress is really starting to get to me. To Whom It May Concern: I am writing this letter in the hopes that we can work out some sort of payment arraignment for the next several months. I work for the local school district and am currently unemployed for the summer break. As I stated in earlier communications I was unaware of the extra charges that were being added to the end of the term of the contract and was fully expecting to have the truck paid off by the summer break. The statements I was receiving from you did not list any added expenses or show a running total of the amount remaining. As a result I was not aware that the extra $1000.00 or so was going to show up on the final statement and had not budgeted for the summer accordingly. Since about July of 2004 I have been going through a very serious custody battle with my ex-wife and have been funneling every available penny I have to that fight. The dilemma I have at this moment is how I pay for both when I was only expecting to have the one payment. As soon as I was made aware of these extra charges I began to actively seek a part time summer job, and have a couple of good prospects at this time. The problem with those is that I can’t get paid till I get the call to start working and I don’t have a definitive date on when that will be. I have also been attempting to obtain a small loan, but my credit record is not allowing me to do so and my friends and family are very tight on their budget as well and I do not wish to put them out on a limb because of my lack of knowledge regarding this. As a result, I am forced to write this letter and to ask and see if we work out some sort of payment arraignment for the next three or four months. I can’t afford to lose this truck when I am so close to having it paid off, but I am asking for some help in dealing with matter. I have attempted to contact you through email but have been told that I can not do so, so I am sending this letter to reach you. I can be reached at the above address and email address for communication as I have my phone use only for emergencies at the moment.
  9. i agree with sg, if your going to settle, then settle. if not, then dont bring it up. if your going to use the "it's not mine" play then you dont want to even get them thinking that you want to settle.
  10. So just today i received the following the letter from the attorney. mind you this case was filed back in december and filed a timely answer and have sent no less than four letters to him asking for documents as well as a stipulation dismissal with prejudice and settlement offer. This is the first letter i have received from them other than the court papers. No documentation has EVER come my way. and on top it the letter states that the balance now due is $3,087.85 when the original paperwork served on me in January was just over $1800.00. "we have received and reviewed your answer filed in the above-referenced matter; and we would appreciate the opportunity to discuss your case further in detail. We encourage you to contact us as soon as possible to explore arrangements which might conclude this matter without further inconvenience or expense to either yourself or our client. Our client does not wish to cause you any unnecessary inconenience; and has given us some flexibilty indealing with your case in order to facilitate a good faith attempt at a resolution that can work for both parties. sincerely, mr bigshot attorney THIS IS AN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS CORRESPONDENCE IS FROM A DEBT COLLECTOR." So any thoughts on what their thinking? I was just about to file the motion to dismiss with prejudice and ask for some reimbursment on this whole thing. thought i would get some of your thoughts on it first.
  11. what about time off from work, gas, court costs, postage, and just plain mental anguish of having to deal with this for the last year or so?
  12. I dont think it's amazing as much as it's the standard operation for many of these places. They file the case and almost expect to get the default judgment. It wouldn't surprise me in the least if most of these places have a seperate account of money set aside for their "losses" in court when the smart people actually step up and challenge them in court. anyway, good job on being one of the few who actually stand up to these people. way to go!!!
  13. so you think i could use the first sample form up top as a template and just add the fees at the end in the relief? I am not sure as to how to write it up though(in this i mean the wording, i am set on the way the form should look). The reason i am asking for dismissal is because they havent provided any documentation per my requests for discovery and their own NRCP 16.1 statement says they dont even have the documents. it says they are trying to get them, but at the time the document was written they didnt have a thing on it.
  14. no there is no court date, and yes i agree they were just filing in the hopes of getting a default, which is why i want to file the motion to dismiss and hopefully get back the money i have had to put into this. just not sure how to write this up is all.
  15. So i have been researching this and have sort of hit a sticking point. I have a case in the system right now that i would like to have dismissed. The plaintiff filed it last year and i have sent them about 5 or 6 letters requesting information be sent to me for discovery. I have received nothing, nada, zip, zippola, zilch from them for EVERY request i have sent. The only thing i received from them other than the summons was the Nevada rules of civil procedure 16.1 statement a couple weeks after the summons. This statement says that they dont have any information related to the case. I would like to file a motion to dismiss, or faliure to state claim, or a demurrer(or whatever it is i need to file) and am not sure how to write it up. And does anyone know if i can ask within this motion to be reimbursed for my costs, fees, expenses and time in dealing with this action? thanks
  16. does anyone know of good sample MTD w/prejuduce and reimbursment of costs and fees? or how to write it up?
  17. if it was me, and i had the gut level feeling you do, why not say to them "thanks but no thanks, if you dont want to put that in there, then no deal" and see what happens. It might be like a car salesman, as soon as you say that you dont need the deal the are giving you and you start to walk out they cave in and realize your for real. They may want you to sign the deal cause they have nothing and by signing the deal they get something for nothing. Stand your ground if youf feel strongly enough about it, it's what i would do, but ultimately it's your call.
  18. one way or the other it will be...thats for sure.........actually wouldn't suprise me if they didnt show up at all
  19. I have sent out letter after letter to the attorney as well as the Plaintiff requesting validiation and documentation of the debt. I have filed disputes with the CRA's as well as the AG and the BBB. I have informed the Plaintiff that the alleged debt is disputed and they have failed to mark the account as such on the CRA. TOday i noticed that the account is now marked as sent for collections on the CRA. I have received NOTHING from either the Plaintiff or the attorney in the nearly year that this thing has been going on other than an "offer for settlement" from the attorney back in january. I have filed an answer with counter-claim for repeated violations of the FDCPA and FCRA and sent them an offer to settle out of court and still NOTHING. I finally filed a Motion for Summary Judgement and have a court date set. Is there some trick to getting someone to repsond to my letters? Just tired of it all. thanks for letting me vent:roll:
  20. I would think thats what it means. if they are asking to dismiss then they should have to pay you for all the costs and fees you have shelled out for this claim. I would type up a nice bill for them and send it over.
  21. Does anyone know or have any idea about what the interest rates are for car loans based on your CR scores? is there a set table or is it all by each dealership, bank etc? As in, if someones score is say 675 what rate would they get? and if someone scores a 575 what would their rate be? hope this makes sense
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