irismagnolia

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Everything posted by irismagnolia

  1. My mother in-law lives in Tennessee and has been living in the home that she and my late father-in-law purchased over 40 years ago. He ended up using the house as collateral for an installment loan he took out that still has a balance of about 85,000 on it. When he died 7 years ago, my mother-in-law took over paying the installment loan. She's in her 70's and has had some health issues and wants to stay in the house and her daughter wants to buy the house (her daughter lives in the home with her anyway) but they are running into problems getting this done because my mother-in-law's name is only on the deed to the house, not the note. What steps should they take in order to get my mother-in-law's name added to the note so that she can sell the house to my sister-in-law? She's tried reaching out to the loan company, CitiFinancial ,but they are unwilling to cooperate.
  2. As I posted in an earlier thread, I live in GA and am being sued by my homeowner's association for unpaid dues in the amount of $3800 which includes court costs, interest and legal fees. I was laid off for 3 1/2 years which caused me to get behind. My court date is at the end of this month. I actually owe $2958 and am willing to try to work out arrangements to pay the $2958 before the court date to avoid going to court. I called the lawyer on the case twice last week, once she was off, the other time she was at lunch, and both times I left messages in her voice mail box telling her who I was and I wanted to talk about settling the case. She has not returned my call. On last Tuesday,, I sent a letter via certified mail detailing my offer and saying that I would be willing to present a cashier's check or money order for the offer amount provided they dismiss the case against me with prejudice and agree not to go after me in the future for the additional amount they are saying that I owe. I got the return receipt card in the mail on yesterday showing that they got my letter and proposed agreement but haven't heard from them and my court date is this Wednesday. At this point, should I try reaching out to them again, or should I call the Homeowner's Association and tell them I've tried contacting their lawyer's office to work out an agreement but they are being non-responsive, or should I just go to court on Wednesday with a cashier's check in hand and let the judge know that I have tried reaching out to the attorney's office and hae a check with me for the proposed settlement and bring copies of the letter/agreement that I mailed to the attorney and see if they'd be willing to sign it and dismiss the case against me with prejudice? Quote Edit Quote this
  3. So, I've left two messages for the attorney saying that I was calling to discuss settling out of court and she has not returned my calls. On yesterday, I sent via certified mail a letter and proposed settlement agreement which she should get by this Friday. We're due to go to court on next Wednesday. If she doesn't call me back by Friday, at that point, should I contact the HOA directly and let them know I'm trying to work out a settlement but their lawyer has been non-responsive?
  4. Thanks for the replies. Another question? Should I hire a lawyer and have them contact the HOA's law firm (causing me to be out of even more money) to make sure all of the I's are dotted and Ts are crossed, or should I contact the HOA's attorney on my own and attempt to negotiate?
  5. I live in GA and am being sued by my homeowner's association for unpaid dues in the amount of $3800 which includes court costs, interest and legal fees. I was laid off for 3 1/2 years which caused me to get behind. My court date is at the end of this month. I actually owe $2958 and am willing to try to work out arrangements to pay the $2958 before the court date to avoid going to court. I was wondering if I should contact the attorney's office and offer to make a payment (I could give them at least $1500 now) and see if they'd be willing to settle the debt for the $2958 (I could give them the rest over the next 30 days), what exactly should I say when I call, and if they agree, what should I have them provide me with to show that we worked out a settlement arrangement, and when I make my last payment what I should have them submit to me or any other parties to show that I paid the debt?
  6. I live in GA and In 2009, I was sued by Capital One for a credit card debt. Using the information on this site, I filed my response denying the charges and sent interrogatories and request for admissions documents to the court and the law firm handling the suit and never heard anything else on the matter. Fast forward a couple of months ago and I get a court date set by the State Court of GA to appear regarding the case and the date is coming up next week. I called the County Clerk's Office and was told by the County Clerk herself that the Judge is bringing both parties into to court to find out what the status is on the case since its been three years and nothing has happened. Should I retain a lawyer to appear with me? Has anyone else been through a similar process? Any suggestions on how I should handle things in court if I decide not to retain an attorney? Thanks!
  7. In February, I was served by a Sheriff's Deputy who presented me with a document from the Magistrate Court of Cobb County GA that said that Midland Funding LLC, Assignee of Citibank, N.A. that stated that they intended to sue me for $3,000 plus $74.50 court costs as of that date and all future costs of the suit. The attorney listed was Dennis Henry of Frederick J. Hanna and Associates, a so-called law firm/junk debt collector that has been discussed on many discussion boards in terms of their questionable collection practices. Because they didn't provide any information in terms of account information (I've had several accounts with Citibank in the past and I know my husband is paying on one that was in my name with Home Depot that he used was issued through Citibank), when the account was opened, etc., I filed my formal answer denying the debt and stating that the plantiff had refused to verify alleged debt and was in violation of the FDCPA. I also submitted a request for production of documents and a request for admissions and had these documents notarized and sent certified return receipt to both the Attorney's Office and the Magistrate Court within the 30 day response window. The attorney's office responded back with a letter asking for the opportunity to discuss the case in further detail and explore payment arrangements and sent another letter on the same day saying that pursuant to Uniform Magistrate Rule 40 discovery requests are not only disfavored by the courts but are also considered a nullity when filed without leave of court. I received notification from the court that my court date is on May 3. My question is how should I craft my defense? I've been unemployed since September 2008 due to a layoff and inability to land another job and admittedly, most of my credit cards have taken a backseat to being able to keep a roof over my family's head and food on the table through my husband's income. Should I make a Motion for Dismissal due to the law firm's failure to answer my requests for production of documents and admissions? What if they bring the requested documentation to court instead? If after going to court, the judge decides in Midland's favor, should I wait to file bankruptcy then or should I do this before I go to court? Should I leave my checkbook at home in case they try to garnish my wages (which is unemployment)? Any advice is greatly appreciated.
  8. Thanks! I asked them for the information on how they calculated the debt in my request for production of documents and their response was for me to see the monthly statements they included in their response, the final one which is for a lesser amount than what I'm being sued for and doesn't include any information on how the remaining fees and interest are calculated that they are now asking me for.
  9. I answered the summons in my Answer document that I sent to the County Clerk's office along with copies of the Request for Admissions and Request for Production of Documents that I sent to the Law Firm as well. Do I need to call the County Clerk's office in GA and see if a date has been set? I thought that I would be notified by mail.
  10. I live in GA and on May 6, I received a summons that I was being sued by Capital One Bank (listed as plantiff on summons) for unpaid credit card debt that I found out after pulling my credit reports from all three bureaus was already charged off last year. The debt was around 2 years old. No court date was listed on the summons. I had 30 days to respond and made contact with a Consumer Protection Attorney who hasn't been very helpful or responsive so I found what information I could on the internet and mailed by certified return receipt mail my response, a request for production of documents, and request for admissions to the law firm representing Capital One and the State County Clerk's office. Two weeks ago, the law firm mailed me their response which included a letter indicating that my account was charged off in July of last year and that interest has continued to accrue, copies of statements that were mailed to me, and an invitation to contact the office to discuss settlement. They also said in the letter that according to Chaudry v. Gallerizzo, the debt collector isn't required to keep detailed files of the original debt, thus them only sending me copies of statements. My question is on how I should approach negotiating settlement? I am willing to pay what I originally owed, which was $953.00 but they are saying with late charges and interest I owe at least $2133. I have been unemployed since last September and with unemployment due to run out in a couple of months, I don't have $2133 lying around. Also, if I decide to try to negotiate settlement, should I contact them by certified letter in writing, of course offering a lower amount than the $953 (maybe half) as a start? Or, because they didn't send me any original documents with my signature, should I wait for my day in court (which I haven't been given as of yet)? If I decide to wait for my day in court, are there any other documents that I should send the lawyer and the court between now and then? Thanks in advance!