usurysucks

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About usurysucks

  • Rank
    Newbie
  • Birthday 03/08/1971

core_pfieldgroups_99

  • Biography
    I'm a happy wife and mother of 2 great boys
  • Interests
    amateur fashion and jewelry design
  • Occupation
    massage therapist

Profile Fields

  • Location
    Michigan
  1. LMAO!! Love this!! My mom would love this, too! It looks like I have several options. I'll talk to her about what she wants to do. Thanks for all the great advice, a$$ always!
  2. I thought you were in latex sales:-) My husband didn't get it so I had to find it on Youtube for him. Too funny. I miss that show.
  3. I'm going to guess that's the direction she'll want to go in. Also, love the username!!
  4. Thanks for that. I told my mom that if there is a chance that she has a case and if she wants to persue it, I'd be glad to help her with it. But it sounds like telling them to drop dead might be a little quicker. Still, I think she'd like to have the satisfaction of 'winning ' against these abusive jerks. That's just what it is- abuse. I've never seen anyone more torn apart by the loss of someone than my mom was when m brother died, and they try to capitalize on it. That's just dispicable.
  5. Hi! Love the forum!! It's a wellspring of wisdom! I was horrified this afternoon when I was talking to my mom. She said that she got a letter in the mail from a debt collector. It offered it's condolances for her loss and then asked her to pay his debt. My brother was 22 when he passed away and it's been almmost 4 years now. My mother was neither his guardian, his heir, or his keeper at that point in his life. I'm presuming it's a JDB, but even if it's the OC, this seems like an underhanded , abusive and perhaps illegal thing for them to do. Is it ilegal? What should I do to help her proceed and prevent these fools from bothering her anymore? Does she have a case?
  6. So then my answer should contain a denial of all appropriate claims and then I go from there, right? And would a motion to dismiss be appropriate, since the hospital is under no obligation to accept the payments I'm making? I guess I had naiively always been under the impression that if payments were being made, they couldn't touch me, but then I've never been in such a situation before.
  7. I was just going to ask who the complaint would go against. It would be pretty satisfying to file a cmplaint against that lawyer!!
  8. Yes- I was served this morning. I'll call the hospital immediately- thanks! And I did not even think of that financial info request as a FDCPA violation- it's always helpful to have a counter claim! That's why this site is SO GREAT!! Thanks!!
  9. Greetings! First of all, I’d like to THANK everyone on this site for all the excellent advice! A couple years ago, I won against a JDB BECAUSE I gleaned wisdom from this site. Now, I have another case I need to prepare for. I have some ideas about how to proceed, but if I could get some advice and critique, that would be marvelous!! This suit is regarding my c-section I had in February of this year- the hospital bill to be exact. The weird thing is, I am being sued even though I am making regular payments to the hospital. I got a letter from their particularly belligerent lawyer in June, threatening suit if I didn’t pay. In June, I was just getting back to work after maternity leave, so that’s about the time I was planning on beginning to make payments anyway. My insurance picked up a big portion of the bill, so it’s certainly not like they have been left high and dry in any way. And who pays the insurance? My husband- so it’s not as if I’ve dodged payment at all. So- I wrote to the lawyer telling him that I was just getting back to work, and I was making payments directly to the hospital. He wanted me to make the payments directly to him, but it totally goes against my grain to pay a third party the money I owe to someone else. He wrote me back about a week later, acknowledging a payment I had promptly made directly to the hospital, and again told me to make payments to him. This is what it says, verbatim: “Although payments made to either (hospital) or (lawyer) will be applied to your balance, it can take up to 45 days before our office is notified of a payment made directly to our client. This delay can increase the chances of further legal remedies being taken by this office.” And yet- the hospital bill which is an exhibit included with the summons, clearly reflects the monthly payments I have made directly to the hospital. Also included with the letter was a Monthly Financial Statement form for me to fill out and send to him, and he also wanted my most recent bank statement and pay stub!! I laughed and ignored that! I was almost surprised he didn’t want a blood/urine/ saliva sample as well! This MFS form wanted all my info including SSN, DOB, all monthly expenses, all employment info, bank name and account numbers, etc. Well- I didn’t think it was his business at all to have any of that info, and even if it was, it’s not up to him to decide how much I can afford to pay. That info has not been subpoenaed, it was simply a request from the lawyer. At the bottom of this request that I fill out this MFS, the lawyer has included a sloppily handwritten note (real professional:rolleyes:) that says, “The $50 payments being made should be fine, however, we still require a MFS to be complete in order to put your account(s) on hold”. I don’t see how it can be on hold if they’re getting money from me regularly. I’m paying $50 each month, by the way. The bill is about $1500. I recently decided to slow down my business drastically so that I can stay home with my children and homeschool them. I’m self- employed, so I can do that. But that pretty much puts our household in the one-income bracket, and we’re used to two. It’s a sacrifice financially, but we’re ok, and the extra money is a small thing compared to what our family is gaining by me being home. Also, I don’t have a bank account- the account we have is in my husband’s name only, and it’s from this account that we pay this hospital bill. I’ve printed off statements proving that the payments have been made and blacked out crucial info such as the name on the account, the account number and balances. The only thing I’ve left showing is the account numbers of the hospital bills, date, and amount paid. Since I have this proof that regular payments are being made, should I include a motion to dismiss along with my answer? Any other ideas? Thank you so much!! God Bless!
  10. Hi- I got your PM, Ditaloca, but I don't have enough posts to reply yet. If you feel comfortable PMing me your email, I'll send you my reply:)
  11. Hello- I have been lurking on these forums for several months and I have learned SO MUCH! I miss forums. I used to be on the Duran Duran fan club forums and I have to say I really miss it sometimes. But due to some pesky idiots known as Midland, I was forced to seek out something more practical, and due to the wonderful advice offered on here, I won against them! Monsters can be defeated, bullys can be brought down! Power to the people! This victory happened in just the right time because I have had a serious family crisis recently that needs to be focused on and I didn't need the pettiness of a JDB taking up any of my energy anymore, so I am truly thankful and I really credit these forums for offering me the knowledge and helping me to muster the self confidence to stand up to them. Anyway, I like simple things, like endless chatter from my young sons, domestic travel, a strong hug from my hubby, listening to frogs croak by the pond, quiet hours in my design studio (dressmaking mostly), and once in a while a really loud concert. Peace to all, Mindy.
  12. OMG- I recently stumbled upon a sale a Meijer (we have them here in Michigan, but I don't know where else they are) Anyway- they had several GREAT wines for 75% off! I mean, I used to work at a restaurant where we sold a Stag's Leap cabernet, andin the restaurant it was about $60 a bottle. I got it for about $13 at Meijer that night and I bought every bottle they had. They had several other nice wines ranging from $15 to $51 original price, and everything was under $15. I stocked up and spent about $85 that night and ended up with about $350 worth of wine. Now, I checked another Meijer in another town about the same time and the same wines were not that cheap yet, but hey- be on the lookout! You may get super lucky. $51 a-bottle of wine is certainly out of my budget, but it's nice having it around to enjoy, especially knowing I spent far less than it's worth!
  13. Mmmmm, wine. But I just had a margarita. I love little black dresses, too, but I have to say- I just made a gorgeous little RED dress that is the bomb and makes me feel like a supermodel. Sorry. I have learned so much about credit/law/litigation on these forums, and had a wonderful victory over Midland yesterday, but my real passions are good things in life like a good wine/margarita/dress. This is a cool O/T area of the forums:twisted:I guess it's a bit of a celebration night.
  14. I spoke to a lawyer who was representing Midland just this afternoon. She told me point blank that Midland wants nothing to do with suits/ countersuits against them. They had sued me and she said the reason they backed down and folded with prejudice was because of my countersuits. They are so notorious for FDCPA violations and they are well aware of it. Scumbags.
  15. I want to give hearty thanks to the posters on this forum- particularly brjmhome6 and redlinehome for sharing their knowledge and experiences. Today, I WON against Midland! With prejudice! I would like to share my experience with you now: I got a default judgment in the mail in late March. My debit card statement proved that I was shopping at the time that the process server swore that she served me, so the judge set it aside. He was quite disturbed that the server had obviously lied, too and said that he was going to follow up on it. I never heard one way or another about that, but at least I got what I needed. The judge told me I had 15 days to respond, and that I needed to retain council. I had every intention of retaining council, but I had been lurking on these forums, gleaning what I could and silently applauding the victories I was reading abut against the JDB’s. So I took a lot of advice from y’all. I copied templates from you. I came up with my own answer to Midland’s complaints, PLUS, I filed a motion to strike their business record affidavit, PLUS, a request for discovery, PLUS, I came up with several counter-claims based on the FDCPA. When I did finally consult with a lawyer, I showed her the rough drafts I had come up with and she asked me why exactly I needed her. I told her because I was SCARED! She said I had everything I needed and that I had done excellent research. She advised me to go ahead and edit my documents and act pro se, and I had even handed her a check for $700 to retain her services, which she handed back to me after seeing what I had done. Well, after filing all these documents, I got a notice to appear for a pre-trial conference, which was held today. Right after I checked in, Midland’s attorney checked in. I expected a total douche bag, guys! But his lady was SO nice! While we were in the waiting room and she introduced herself and told me that if I was willing to drop all claims against Midland, they would drop all claims against me and nobody would ever be able to stake any claim against me in this matter again. At first I was really skeptical, so I had her repeat herself, and I also read the document they had prepared. We both signed it, then we were led into the judge’s chambers and she told him it was all resolved and he signed it, too. She told me the thing that freaks entities like Midland out really bad are the counterclaims, because they are so bad about violating the FDCPA, and they know it, so they didn’t even want to go any further all. The funny thing is, I feel so empowered by this. I was scared to act pro se, but it saved me tons of money. In fact, the only thing it cost me at all was a total of $40 in motion fees. Midland, however, must have spent a lot in attorney fees! Haha!! They sent that lawyer from Detroit today, which is 4 hours round trip! She’ll have a nice expense check, and I’m glad she had a beautiful day for driving. And this is the third time they’ve sent someone here, so that really adds up. Plus, court fees and whatever else . I know I spent hours educating myself and surfing the web to come up with my defense, but I must say I enjoyed it and feel much less helpless when it comes to legal matters. I know where to come for excellent advice. Thank you again, everyone! And now I’m going to work on letters to the credit bureaus to get Midland’s crap taken off my credit reports! Oh, and I DO pay my bills, I just dared to protest against a particularly usurious credit card, and, although it did cause me some stress, in the end it worked out- David beat Goliath!