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ALVA

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ALVA last won the day on August 19 2008

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  1. SOL on phone bills is 2 years by Federal Law.
  2. With that debt load and a looming foreclosure, what do you hope to gain by avoiding BK? Just curious. Here's the thing, they don't have any incentive to settle right now. If they think you're not going to fight they will go for a judgment for the full amount. Why wouldn't they? You're right, they don't care about you or your situation. If you answer and put up a defense they might reconsider, depending on what evidence they have. Also, in many states you can ask for a court overseen settlement conference (mediation or similar) and can maybe settle then as well. Check your area's court rules and procedures, and maybe even attend court for a day to see how these things are handled.
  3. You need to contact your insurance first, find out what the actual co-payment was supposed to be plus what was actually paid. See if this is due to a mistake on your part or the providers part. Once you know where you stand with them, you can decide how to move forward.
  4. Actually, in many cases bankruptcy looks better on a credit report than a bunch of chargeoffs and collections. Bankruptcy after divorce is so common, I doubt housing assistance programs would think twice about it. Why not call HUD and your city housing authority and ask them your best course of action given the divorce and joint debt situation? You are certainly far from the first person to find themselves here so you are not alone. I am so sorry you were treated that way. Best wishes to you
  5. Yep, Midland claimed a magic payment to make their suit against me within the SOL. They had no proof of the payment, and I whipped out my credit report where Midland themselves reported the date of last activity as 2 full years earlier than the date they claimed in court. The judge was unimpressed by their claim, and wondered whether they furnished false information to the credit bureaus or were presenting false information in the court proceeding.
  6. I am no lawyer, but it seems to me (and an attorney has agreed with me) that if a new agreement was reached either by your spcific action or your failure to dispute the rendering, collections efforts would center on that. If, for example, you sign up on a hardship program for reduced interest and account freezing, that's a new agreement...if they went to collect, they would try to collect based on the new terms, not the original terms. In the case of a jdb it would be an agreement with the new debt owner, not your original CC, and collections efforts should state something to the effect of "We sent you an account rendering and statement and you failed to dispute it so you need to pay as implicitly agreed blah blah". Midland's only collection activity, in my case, was to send a CC offer that would absorb the debt from the old card, and it mentioned the card by name. Had I made a new promise to pay Midland, they would be dunning me for that, not the original card terms. That, coupled with the fact that they had tried to serve me at a 3 year old address thereby casting doubt that they sent me any kind of rendering, falsified the account stated claim. They had to go with open account and I won.
  7. A continuance that was indefinite? Check your court records, it may have been dismissed for lack of prosecution or for going dormant or some other technicality. I don't think most courts let things just sit for years on end. No, they won't have to prove it. If mailing a "rendering of the statement" or whatever is part of their regular business practice, then they don't have to prove you received it, only provide evidence that they probably sent it which you have to try to counter. You can attack any witness to their mailing practices etc. Attack the accuracy of their address records (that's how I won against account stated) if you've moved anytime between then and now or attack the entire theory. Notice also it is supposed to be a "new agreement", so collections efforts for the original debt can be evidence against account stated.
  8. As you probably had to sign a payment responsibility document (I've never had treatment without being required to sign one) I believe it is a written agreement, unless you had worked out some kind of revolving credit plan with the doctor.
  9. Account stated has a very specific definition in Alabama case law, it must be a "new agreement to pay" (implied or explicit) and NOT simply collecting under the original agreement or instrument. Attack that for all you got. If you blow account stated out of the water, it has to be accepted as open and therefore subject to the regular SOL. Check out www.alabamaconsumerlawblog.com and even ask for a phone consult. They are very helpful.
  10. Account stated has a very specific definition here in Alabama as well, and not one usually met by a CC. Check case law for Colorado that may be a good way to go.
  11. What are your affirmative defenses and/or how did you answer the complaint?
  12. Hardship programs are a bit easier these days, especially if you initiate it, as the creditors want to get paid. It only took me 2 calls to BofA to get a program I could live with. The first call went badly as I wasn't prepared, but I found out what I needed on that call so chalked it up to "research" Be prepared to: State your goal such as "reduced interest rates to get to a payment of X". If you don't state what you want up front, they will of course try to get you to pay more or maintain the same interest rate and pay for a longer time or other "programs" that will keep you paying them for the rest of your life. List your income and expenses (gas, food, utilities, mortgage, insurance, car payment, etc.). You want your leftover income to equal the payment you want, so play with the variable numbers like groceries and gas until it works. If you want a payment of 100.00 do not have 200.00 leftover on your budget. Also note, signing on to the hardship program is a new contract/agreement. Defaulting on the hardship program may be worse in some ways than defaulting on the original card depending on the terms. Whatever you negotiate on the phone , be sure you get it in writing before committing
  13. Update. I received the LOMA today, without having to pay for a survey or BFE certificate.
  14. The SOL applies, period. Doesn't matter who owns the debt. However the SOL only means that if they try to sue, he has a defense. They can report to the credit bureaus for the full 7 years. You can send a cease and desist if you don't want to hear from them anymore. It is my understanding though that active military have a whole special thing regarding credit. Someone here will come explain I am sure.
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