WhoCares1000

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About WhoCares1000

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  1. You do not have an official address in Los Angeles County. Since your home is in Nevada County, that is considered your domicile and where they can sue you. That said, I would look into a free consult with an attorney and see if you can get the case dismissed because the combined 2 different subject matters in one case when they should have filed 2. You might, you might not. If the court does not buy that, then immediately MTC for arbitration on both accounts and if granted (probably will be), open 2 different arbitration cases (one for each account). That will double what Midland will expend trying to collect on the debts.
  2. And you trust these banks to actually follow the law when it is not in their best interest? This is one of those cases where, regardless of the law, I would let the bank know anyways. Particularly in a way that I can prove such as writing. That way, if the issue comes to court, the bank cannot say that they did not know.
  3. So it is obvious that you have no assets (and particularly no assets in Virginia) that they can attach. Worse case scenario is that you answer the debtors exam as you are researching your options in the case. First thing I would do however is let your bank know that the funds in your bank account are from exempt sources (social security) and should not be levied. That way they don't try to get funds that way. You can then fight the judgement without the threat of arrest hanging over your head. I do find it funny that they could not find you during the entire judgement process but suddenly can find you in another state when it comes time for the debtors exam. Beyond that, they would have to export the judgement to Maryland to get any assets in Maryland if you have nothing in Virginia which means another court fee (and possibly a Maryland attorney) and they might not do that if there is nothing to be had. The other thing that could have happened is that there were multiple claims on one procedure and one of the claims did not get paid. That is why you need to keep a careful eye on the insurance claims and the medical bills and try to match the claim to the service. Some providers are good at dealing with insurance and properly billing patients. Others are horrible at both practices to the point where you need to keep your thumb on them so that they do what they are supposed to. And you would be surprised at who is good and who is not. I have been dealing with an internationally renown medical provider whose billing and insurance procedures are horrible and I have to force them to take the steps needed to properly get the insurance to pay them.
  4. You can try to find out how you were "served" to see if they messed that up and try to get the judgement expunged. That might take driving to Virginia however to do that I do not know how far of a drive it is. What this sounds like is that there was a copay that you did not hear about because the doctors office took forever to bill you (after you moved) and you did not read your EOB (who does). You could also try to contact the attorney and see if they can explain this to you. In the end, I would probably at this point pay them the $511 and be done with it. It will not make it to your credit report because they do not know your SSN and by paying, you don't have to fill out the documents they sent.
  5. Did you ever give any creditors permission to contact your cell phone number? If not, there might be a TCPA violation there too as congress has not acted on that yet to allow debt collectors to indiscriminately contact people via cell phone.
  6. It is possible that with an increase in value, the OP does have 20% - 25% equity. Even there, they will need to spend 2 - 3 years getting their credit back in good enough shape to do a refinance. Even HARP (now High LTV) required, at a minimum, decent credit. When I did my HARP refinance in 2013, I was able to get a 10 year, 2.5% fixed. There is no way I am refinancing that regardless of the value of my home today.
  7. First off, if you got a 30 year fixed mortgage and have been paying on it for 2 years, you only have built up about 4% equity. Even with pristine credit, I doubt any bank would allow you to get rid of the PMI unless you come with a substantial down payment. In fact, I doubt you will hit the 20% - 25% equity until you are about 11 - 12 years out (again if this is a 30, if a 15 year mortgage, then you would hit the 20% - 25% equity in 4 - 5 years, still outside your time frame). The best course of action for you at this point would be to clean up your credit, save up funds to increase your equity, and/or make extra payments on your mortgage. You are probably stuck with it today but not forever.
  8. Actually it was WinterJC2. I did not own real property or had a judgement against me when I did BK.
  9. Actually, anything in credit repair would be included in the BK, regardless of how much is left. I figured though that the clause would not be valid because I felt it violated federal law. What has happened here is that in this case, you were sued by an original creditor and even worse, a credit union. They got a judgement and I doubt your motion to set aside is going to work. Credit Unions are very aggressive in collecting their debts and don't be surprised if they blanket the area banks with levy notices to try to grab any other bank accounts you might have. If you do have bank accounts open, I suggest you clean those out and go to cash for a while. That might be another reason to do a BK. This credit union will aggressively try to collect from you for 10 years or longer. Once you do the BK, that stops all that in its tracks. As for credit repair, you excuse to them is that you tried but because of the actions of the credit union, you were left with no choice but to file for BK. They will understand as they see that all of the time.
  10. No they cannot legally do this. However, these are scammers using burner cell phones and phone numbers so you will not be able to find them. Tell your husband and supervisor to tell the caller that they are not allowed to call back and that they know this is a scam.
  11. You could file a motion to set aside, I doubt that the judge will entertain it however unless you have real good cause which is doubtful. As for being judgement proof, that is a misnomer because anyone can be attached with a judgement. The real term should be collection proof which means you not have any wages or assets that can legally be attached to pay the judgement. This is usually reserved for people who are on public assistance or make minimum wage and own nothing but a basic cheap car, and in the case of Florida, maybe their home. Some have bank accounts (usually those on social security but even that is exempt), others may not. You should still contact a Bankruptcy Attorney regardless of the clause in the contract. That clause might not even be legal. However, if you have funds in a bank account at that credit union, you had better get them out because even in BK, they will try to offset those funds.
  12. I use 30 Pottersdale Park Road, Pottersdale PA 16871. It is currently in the middle of a strip coal mine.
  13. Go talk to a BK attorney ASAP. You did not answer in time and they got a judgement against you as a default. You can try to vacate the judgement but you would have to have a very good reason as to why you did not answer in time which if you were served properly, will be very hard to do.
  14. You need to take a look at the court case yourself and find out what happened. It could be that the lawyer slipped something past the judge. I was just talking to a lawyer about that here in Minnesota and she told me that has happened quite a bit where the court order says something totally different from what the judge said at court and it has caught her off guard a few times. If they did issue a judgement and you have proof that it was in error, you will need to file a motion to have the judgement stayed or vacated and hope you can prove that the judge signed the wrong order.
  15. Can they call you and ask you politely to pay on a debt, yes. Can they take you to court and force you to pay, no. Just tell them that you refuse to pay. They will probably try to threaten you but just laugh at them.