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Everything posted by WhoCares1000

  1. If I were in this situation, I would make up a balance sheet and include a copy with my tax filing and a copy with records. This way, if the audit did happen, I would have it accessible within 5 minutes.
  2. Capital One removed arbitration from their card agreements a decade ago so unless you can prove you have had the account for over a decade and can find an agreement with a severability clause, the judge is correct. At this point, Midland has enough to get a judgement so you either have to settle with them and it will be steep because they too know that they have you or start removing your name from assets is you are married and wait to see what happens with the judgement. Sorry to be the bearer of bad news.
  3. Ummm, if you do not include that income in this year's taxes, it is going to trigger an audit by the computers. The 1099-Cs are filed with the IRS too so they know about them. You have to dispute them now, not later and that might mean discussing this with your husband.
  4. You really never know how and why a JDB acts in a certain manner, even if they manner is not in their best interest. Some JDBs file suit after having a debt for a few months, other never file suit and let the SOL slide. Some JDBs also do not follow the process for renewing a judgement (I am seeing that from California in another thread). That is why when people ask us what a certain JDB will do, we really never know. We do know some things for certain, such as they never really read the agreements until they are forced to by a defendant. Again, in another thread, a JDB attached an old agreemen
  5. You might want to get a consult with an attorney to ensure what the status of the judgement is. $200 - $250 for 30 minutes of an attorneys time would be money well spent. Based on what I have read through, if they have not renewed the judgement before 10 years expired in 2017, then indeed the judgement might be void forever. https://www.stimmel-law.com/en/articles/renewing-judgment-renew-it-or-lose-it
  6. It would not be for the defense to do anything regarding the agreement if the agreement the plaintiff attached is beneficial to them. That would be for the plaintiff to state that the agreement is not the correct one but to do so at this stage would make them look bad in front of the judge and cause the judge to scrutinize any other agreements the plaintiffs provide so the plaintiff might let this go to save face. Not the first time i have seen this done.
  7. OK, if you are trying for arbitration, I would wait until the Motion to Compel is signed and offer to settle for $250 before sending in the arbitration forms. They can either accept the offer or you pay the arb fee and be done with it.
  8. Is this really in Magistrates court or Superior Court. If this is in Magistrates Court, then you might want to consider the settlement because of the small claims exception. If in Superior Court, realize that you will still have to pay the $250 JAMS fee so consider that in negotiations. If you can get rid of this by paying them $250, it might be worth it.
  9. Since you have the evidence that you sent all payments on time and the letter says that anything received after Jan 25th is not included, I would wait for a following letter. In the meantime, keep the letter as part of your documentation as that is your evidence that they know they received the payment so they cannot back out later. I would not contact them yet unless you don't receive a letter in about 30 to 60 days after the payment arrived. You still have the proof that you paid them, whether they sent a receipt or not. Also, realize that they have tons of accounts where you are only o
  10. For the CRAs, you have to give them a chance to update the credit line. Most of the time, it is done in 30 days but I figure 3 - 6 months just in case they are not uploading that often.
  11. You have a written copy of the settlement and the receipts showing that you made the payment as well as the green cards for each payment you sent, correct? If so, then that is your proof should H&H try to continue the case and have you served. You don't need anything else from them and I would not talk to them again if I could help it. Watch the case until you see that it has been dismissed, either by H&H (who should actually dismiss it at this point) or by the courts for lack of prosecution. If H&H does not dismiss the case, you might be able to file your own dismissal with p
  12. Of course, another option could be to simply go to the clerk, accept service, and get the ball rolling on the case. Especially if this is a case where arbitration could be used.
  13. 1) Never ask a court clerk for legal advice. They are not supposed to give it out anyways. 2) You need to review the rules of service in your state. If Michigan allows someone else to be served on your behalf (usually a person above a certain age), they yes, the clerk can request this ONLY if the court has reason to know that you are connect to the person. 3) One of the hallmarks of our court system is that it is open to the public. That includes the case files. There are some exceptions, usually cases involving juveniles, persons being committed, or persons under guardianship. Even
  14. People don't only take out mortgages in the most extreme situations. They take them out for an original purchase of a home, to have cash to invest elsewhere, or to remodel their home. Those are not extreme situations. And it does not answer my question. Since I have felt no adverse affects from the COVID situation financial wish, why should I not pay on my mortgage. The same goes for anyone else in my situation.
  15. Why not tell them you are recording too. The worse that happens is that they do not agree and you end the call. If they try to state that they are in a one party state, at that point, you state that you can record then too since you are in a one party state too. As for federal charges, you may find yourself dealing with a JDB who is interested in scaring people from recording calls and will press charges and push the issue with the feds to do so. That is how the IRS works. Also, most cases settle because indeed lawsuits are risky and time consuming but also because the courts encoura
  16. We don't know if she is being sued by an OC or JDB until the OP is served (or the OP gets a friend to get the summons and complaint from the courthouse). BOA claims that the debt was sold.
  17. First you need to know who is suing you before you can make a settlement. It is a JDB or BOA themselves. I would also ask if there is an arb clause in the contract. If you, you can probably move this to private arbitration since they chose state court over magistrates court.
  18. You either have to wait until you are served or you can have a friend pick up the court documents.
  19. I just learned myself that Cap One has a severability clause in their old agreements (I asked the same question recently). If they did, then that might have helped the argument in getting into arbitration). The plaintiff also attached the agreement that they felt was in force at the time the debtor defaulted so it would be up to them to say why that clause is now not valid. That motion is still pending due to COVID so we shall see.
  20. You would have to ask the court for permission to amend your answer via a motion and present why you should be allowed to amend you answer.
  21. Nothing until it comes time to dispose of the vehicle. Then you have an issue because you either do not have the title or the lien is still on the title and you cannot dispose of a vehicle without a clean title. Since the car technically belongs to the lien holder, you might have to tell them to come and pick up their vehicle or maybe even take them to court and demand that they get it. It can be a real hassle.
  22. I have to ask, why don't you think this will help close out the judgement?
  23. When did you default on this debt? If you defaulted in 2002, the SOL for credit card debt should have ran out in any state, including Ohio. If you did not default until recently, I am sure Capital One changed the agreement many times since 2002 and the current one probably does not have an arbitration clause.