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Everything posted by formerpara

  1. Is that only in Kentucky? I live in FL. I have to do some research on it uless someone knows? Thanks in advance if you do.
  2. I just filed my Pro Se NOA, Answer, Affiirmative Defenses and COS in my FL suit filed against me by Midland. There was NOTHING attached to the complaint and it was full of mistakes. Apparently, their paper pusher just cut and paste stuff into a boilerplate document. The attys for Midland should be receiving their copy of my docs as I type this. What I did was scour this site for examples of how to respond. Because I was a litigation paralegal for some big firms in NYC for 10 years I dug deep into my memory as to how to proceed. Make sure that you answer every point in the complaint. There are some great examples (I think the person's name is Casey) of how to do this and what to say. I am scared to death by this but I'm not going to let those dirtbags win a default judgment. You can do it. Good luck.
  3. I too want to thank EVERYONE who participates on this site for the FABULOUS resources you have provided. I just filed my NOA, Answer, Affirmative Defenses and COS and used the wealth of information you all provided. My Midland Case was filed by a law firm in FL who represents Midland, not the OC. If the statistics are correct I might be lucky. Thanks again.
  4. I never reached any settlement with Bof A and the 1099c is for some pie in the sky amount that has never been negotiated.
  5. How do I get to debtorboards? I'm kind of new to all of this stuff.
  6. I read on one of the posts that you can file some sort of fraud document with the IRS if the 1099c was not yours. I received multiple 1099cs for the same amounts. I think I will use the 982 insolvency form with my taxes and turn in the Creditor for fraudulently filing duplicate 1099c's. Apparently, that will get the IRS on their backs. Please correct me if I'm wrong someone.
  7. Just received 1099c's from B of A the OC on unvalidated debt. They reported the charge off date on my credit report as of 2008 but on the 1099c it says 12/31/2010. Are they allowed to do that? I never made any deal with them nor have they validated the debt. Any help with this one would be appreciated. I talked to 2 CPA's and they said that I have to include it as income. Is an OC allowed to lie like this? You guys out there have given fabulous advice so far and have guided me well. Thanks in advance.
  8. Don't know what to do about this. Received 3 separate 1099c's from BofA for debt they wrote off in 2008. On the 1099c it states that the debt was written off 12/31/2010 which is contrary to what they put on my credit report. Also 2 of the forms are for the same amount. I didn't agree to any settlement with them. Any ideas?
  9. On my credit report they report the account delinquent as of 9/2008 when in fact the last payment made to the OC was in 9/2007. I am drafting my Answer and Affirmative defenses and I'm not quite sure what to say about the action for damages being within the Court's jurisdictional limitations. I know it's a silly question, but I'm very rusty at this stuff. Help anyone?????????????????
  10. Thanks for all of your information. I am about to embark on answering the complaint I received 2 days ago. I did some HW last night and found that Midland re-aged my account by 1 year. The last payment to the OC was 10/2007. The SOL in FL is 4 years so these slime bags are trying to slid in under the wire. They think I don't know about the re-aging or anything else for that matter and are probably hoping for a default judgement. Should #1 on my answer be the dispute over the re-aging?
  11. What about if they provide a copy of a credit card statement only and an affidavit of the supposed seller of the debt? Is that correct validation? They provided nothing with my husband's signature.
  12. Are there any examples on this site that would guide me to draft the papers? I live in FL too if that means anything.
  13. I thought that you can only file those in small claims court? Is this something I should have an attorney do? By the way it was a JDB law firm that filed the suit against me. Discover sold it to them over 1.5 yrs ago maybe 2 years.
  14. I noticed that Discover Bank filed a suit against me in the wrong county last year but they never served me. They dismissed the case but I never received any notices about it. Is this something that I can pursue as well as an FDCPA violation? If so where does one file a lawsuit for this????
  15. I drafted a Motion to Dismiss. Do I need to include a cover letter to the judge?
  16. They file a lawsuit against my husband in a county where we DO NOT live in April. We wrote a letter to the court advising them that the lawsuit was filed in the wrong county. At that time we requested validation from the CA (in April) but they did not respond and only filed this Affidavit of Seller in the Court in August. What should we do????
  17. We too got a skimpy response to our request for validation. The lawyer filed what they called and affidavit of the seller. Is this sufficient validation? I'm in FL too. Any advice would be greatly appreciated.
  18. Does anyone know about violations by CA's in FL?
  19. My husband is being sued in the wrong county by Atlantic Credit and Finance ("Assignee of HSBC"). We alerted both the court and the attorney for Atlantic Credit, but they continue to file more docs with the court. What should I do??? Help
  20. Wow this is awesome information. I used to be a litigation para in NYC and now my husband is being sued by Altantic Credit. I drafted a motion to dismiss the complaint because they are suing him the a county in which we do not live. We receive all our mail at a PO Box and Plaintiff filed docs with the court and sent them to our home address where we don't get mail. I found out that the docs were filed online. Is there some kind soul out there who might take a peek at my motion. I'm open to criticism because I haven't done this since 1996. I have a diabetic 10 year old who needs my full attention and this is going to make me snap. Help please:)