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cmo140's Achievements

Impressive 100+ postings

Impressive 100+ postings (5/6)



  1. I read that if you dispute NOT MINE, they have to compare a little data. But if dispute Inaccurate they have to look into it more. My question do I have to back up the info with the INACCURATE PICK. As do I have to say INACCURATE becasue never late or its the wrong amount, ect
  2. Still looking for the best answer?
  3. I have been trying to figure out which is the best method on disputing a item on my credit. If I dispute "Not Mine" I was told that Credit Agencies have to only compare a small amount of data to check if its mine. If I dispute "inaccurate" then they have to do the research and check to see if its "inaccurate". Also if I dispute "inaccurate" do I have to give them a reason or just say inaccurate? Please if anyone has any advice let me know.
  4. They filed together but a 401 is through a company which you can't share a 401k since first she did not work for the same company and I never heard of a shared 401k. It was his 401k and he borrowed against it. She should be liable for that debt. I am just trying to find some proof on this so we can dispute this correctly.
  5. A friend of mine husbands borrowed against his 401k and did not pay the penalty. They are divorced now and on her credit report its showing up as the tax lien is on her now. She was not on the 401k or any part of it. Can they do this?
  6. My uncle has a house with a lien from 1994. it has been satisfied since but its still showing us as not satisfied and he can't get a refi on his house. In PA the SOL is 5 years and it has not be removed. It was a loan from GM small business and we have contacted GM and they not do anything about it. He tried three times to refi and has been denied three times because of this lien. Any idea and can he get punitive damages?
  7. What can you do if a collection agency is trying to collect on a business credit card you had that you personal guaranteed. I was told its not protected by FDCPA. Then I found this case and was wondering since they are going after me personally does that make it protected under the FDCPA? Also the card was a business card but it was used for personal use. Also Located in PA. Wenrich v. Cole, 2000 U.S. Dist. LEXIS 18687 (E.D. Pa. 2000)--federal court held that FDCPA provides protection for all persons, not just consumers; I also found this: Only certain types of debts are covered under the federal Act. The Act covers consumer debts. A “consumer” is defined under the act as “any natural person” either actually or allegedly obligated to pay a debt. 15 U.S.C. §1692a(2). SINCE THEY ARE HOLDING ME RESPONSIBLE FOR THE DEBT IS IT UNDER THE FDCPA. As such, debts owed by legal entities (i.e. corporations, partnerships, LLCs, unincorporated associations, etc.) are not covered by the Act. The Act also covers only “consumer” debts and not commercial debts. Consumer debts are defined as an obligation to pay money “arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family or household purposes[.]” 15 U.S.C. §1692a(5). It is irrelevant under the Act whether or not the obligation has been reduced to judgment. Id.
  8. What is the correct ratio I should have my credit cards at. I was told 32% but can I have it at 50% I am trying to figure out how much to pay down to get my score up.
  9. Does anyone know about the taxes, is it covered by the fdcpa?
  10. My wife has a debt collector trying to collect on a Personal Income Tax she owed back in 2004. Now we sent them a DVL but they are telling us its not covered by the FDCPA since its not a consumer transaction. Any Thoughts?
  11. I am located in PA and the Company is a registered agent of PA. Here what it states: Rule 404. Service Outside the Commonwealth. Original process shall be served outside the Commonwealth within ninety days of the issuance of the writ or the filing of the complaint or the reissuance or the reinstatement thereof: Official Note For reissuance and reinstatement of original process, see Rule 401(. (1) by a competent adult in the manner provided by Rule 402(a); Official Note See Rule 76 for the definition of ‘‘competent adult.’’ (2) by mail in the manner provided by Rule 403; (3) in the manner provided by the law of the jurisdiction in which the service is made for service in an action in any of its courts of general jurisdiction; (4) in the manner provided by treaty; or Official Note A treaty may provide that to effect service a plaintiff must satisfy requirements which are in addition to the procedures specified by this rule. (5) as directed by the foreign authority in response to a letter rogatory or request. Official Note Sections 5323 and 5329(2) of the Judicial Code, 42 Pa.C.S. § § 5323, 5329(2), provide additional alternative procedures for service outside the Commonwealth What does this mean?
  12. They are registered in PA but there address is IL. What should I do.
  13. Most collections don't have registered agents in other states.
  14. I am not sure you understand. It states on the credit report that its from 2008. Not 2004 but when they sent me a DVL it states its from 2004. Now on the message part of the credit report only on one of the three it states it comes off in 2011. Now for SOl its four years in PA and its pass that. My question is, since there is nothing about it on the credit report that its from 2004 and its states 2008 is that re-aging. To me it seems its has been re-age, since it states first delinquent 2008 and not 2004.
  15. Can you give me a example letter that you would use.
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