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citygirl2009

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Everything posted by citygirl2009

  1. So I started filling out the IRS form 3949-A. Under the section 5a, I'm writing what I think is a reasonable reply. Please advise...maybe I should add something else. " "Asset Acceptance is junk debt buyer and they sent me a 1099-C for a debt in the amount of $1571.06. The state that the debt originally was owned by Dell Financial Services. I'm am concerned that that is a violation seeing that this debt has yet to be validated by Asset Acceptance, they have not provided me with any proof substantating that I am the owner of this debt or that I owe the amount they are claiming. In addition, they are in violation of the IRS instructions for filing a 1099C which states; "A cancellation or extinguishment when the statute of limitations for collecting the debt expires, or when the statutory period for filing a claim or beginning a deficiency judgment proceeding expires. Expiration of the statute of limitations is an identifiable event only when a debtor's affirmative statute of limitations defense is upheld in a final judgment or decision of a court and the appeal period has expired." Moreover.... "....This event occurs when the creditor has not received a payment on the debt during the testing period. The testing period is a 36-month period ending on December 31 plus any time when the creditor was precluded from collection activity by a stay in bankruptcy or similar bar under state or local law. The creditor can rebut the occurrence of this identifiable event if: The creditor (or a third-party collection agency) has engaged in significant bona fide collection activity during the 12-month period ending on December 31 or Facts and circumstances that exist on January 31 following the end of the 36-month period indicate that the debt was not canceled. Significant bona fide collection activity does not include nominal or ministerial collection action, such as an automated mailing. Facts and circumstances indicating that a debt was not canceled include the existence of a lien relating to the debt (up to the value of the security) or the sale or packaging for sale of the debt by the creditor. None of which has occurred. I believe this is reason enough to investigate their practices and determining whether their code of conduct is legal. " Let me know what you think of this..maybe there's something I should add or subtract. Not really familiar with jargon and how things should be stated. After this I will file complaints with WI AG office. Thanks in advance!
  2. I am currently in the process of filling out IRS form 3949-A. Under the section 5a, I'm writing what I think is a reasonable reply. Please advise...maybe I should add something else. " "Asset Acceptance is junk debt buyer and they sent me a 1099-C for a debt in the amount of $1571.06. The state that the debt originally was owned by Dell Financial Services. I'm am concerned that that is a violation seeing that this debt has yet to be validated by Asset Acceptance, they have not provided me with any proof substantating that I am the owner of this debt or that I owe the amount they are claiming. In addition, they are in violation of the IRS instructions for filing a 1099C which states; "A cancellation or extinguishment when the statute of limitations for collecting the debt expires, or when the statutory period for filing a claim or beginning a deficiency judgment proceeding expires. Expiration of the statute of limitations is an identifiable event only when a debtor's affirmative statute of limitations defense is upheld in a final judgment or decision of a court and the appeal period has expired." Moreover.... "....This event occurs when the creditor has not received a payment on the debt during the testing period. The testing period is a 36-month period ending on December 31 plus any time when the creditor was precluded from collection activity by a stay in bankruptcy or similar bar under state or local law. The creditor can rebut the occurrence of this identifiable event if: The creditor (or a third-party collection agency) has engaged in significant bona fide collection activity during the 12-month period ending on December 31 or Facts and circumstances that exist on January 31 following the end of the 36-month period indicate that the debt was not canceled. Significant bona fide collection activity does not include nominal or ministerial collection action, such as an automated mailing. Facts and circumstances indicating that a debt was not canceled include the existence of a lien relating to the debt (up to the value of the security) or the sale or packaging for sale of the debt by the creditor. None of which has occurred. I believe this is reason enough to investigate their practices and determining whether their code of conduct is legal. " Let me know what you think of this..maybe there's something I should add or subtract. Not really familiar with jargon and how things should be stated. Thanks in advance!
  3. I know much has been talked about on this, however, I didn't find anything that really fit my situation. I received a 1099-C from Asset Acceptance a month ago, or so, and I'm really confused about the whole process....so far: 1. The OC, Dell Financial, hasn't sent me anything. 2. I haven't heard or received anything from Asset Acceptance, thus I was unable to dispute or request validation. 3. Asset Acceptance is nowhere on my credit report. 4. I already filed my taxes for the year. From what I've seen on the IRS website is that you receive a 1099c once there has been some sort of dialogue between collector and debtor, for quite some time and after a period of time has elapse the collector considers the debt "uncollectable". No such dialogue, communication, letters, etc...exist. Thanks in advance for your help.
  4. Take a deep breath!!! All the collection agency wants you to do is see the summons and get scared into paying some ridiculous amount of money which they know very well they can't prove you owe or worse you don't show up they get a default of judgment and you pay whatever they say. They don't want to be there either... and they definitely don't want you there!! Just being present can impress a judge!! So many people just don't show up!!! Similar thing happened to me but in a different state. This is pretty much what happened..... http://www.creditinfocenter.com/forums/showthread.php?t=298798 In the end I got it dismissed !!!! Your case it sounds like the same thing my case was (I owed, but not what they were claiming). If it were me, I wouldn't admit to owing what they say you owe (they can't prove it, anyways!!!) I would see what your state says about "right to cure" that could be something (maybe someone else can help you here). Make them show you an explanation for every dime they're claiming!!!
  5. Hello, I received a 1099-C a few weeks ago from Asset Acceptance, LLC (P.O. Box 2036, Warren, MI 48090; (888) 397 - 8182) and I just wanted some helpful advice. I'm planning to file it with my 1040 this year (I don't want no drama with the IRS). However, I KNOW the "amount of debt canceled" is inflated, roughly $500-600 dollars TOO much AND there is no "interest included" AND I don't remember hearing anything from this stupid company anytime last year or the year before, it's not anywhere on any of my 3 credit reports!! I know the IRS doesn't care about this right now, so I'm wondering how would I go about disputing this after I file it (I don't mind doing an amended return and all that)? I want to file, then dispute with asset acceptance, then get it canceled with the IRS because asset can't validate it (which they can't), then get it off my credit report. The statue of limitations must be up soon ( I can't find it on my credit report but I'm assuming its this year sometime) so that's another thing to consider in all this. Thanks so much for you help, citygirl2009
  6. The Statute of Repose is 10 yrs for WI. The SOL is 6 yrs.. I'll stick with that! Question, should I start by sending the OC a DV? I'm wondering how to start this ball moving? Thanks
  7. I've recently started taking a more pro-active approach into dealing with my credit (rather than responding to some personal threat). I've also read through the 'newbie forums' and I got a lot of really good information. However..... I don't have any recent letters (or old for that matter) around to respond to, I just have the addresses from the credit reports. I looked at all 3 reports and the SOL (WI = 6 yrs) is up on the bad accounts (long story short....lost job, no income, all accounts started in the same year) and I wanted to know how/if possible do I start to clean up my credit report (i.e. settling, disputing...etc...) when I don't have any letters to respond to? This is what I'm thinking right now.... 1. Write a DV letter to OC and wait for response. <<-- This scares me because I don't want to "rock the boat" and get sued and hope the presiding judge lets me off of SOL...(this might not be what happens but this is what I'm worried about) 2. a) If they DON'T respond within 30 days, report to the credit bureaus that they haven't responded and request a deletion <<--don't really know this process either of if it happens like that If they DO respond within 30 days, hope they messed up on something or didn't provide any viable info. regarding what I requested and ...(not sure what happens after this...) If you have any information that would help me on this process it would be much appreciated. Thanks in advance.
  8. So I finally just got home, and read the letter because I was wondering what the language was and its said requesting the suit to be dismissed "with prejudice"!! Yay!! I'm so happy that this is done!!! Whoo-hoo!!xdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancex
  9. The SOL on this is up in august so I'm hoping they wont bother until then.
  10. Quick question... So, I was just sent a letter from Riebe, stating that he has decided to dismiss the case, don't have it in front of me so I don't recall if it was with prejudice or without. I'm wondering 1) does it matter if it's dismissed with or without prejudice? and 2) can this lawsuit be brought up again?
  11. Where can I get a copy of the Chase credit card agreement?
  12. I sent a discovery to Riebe a while back, and he never responded to it. He said that he wasn't obligated to do so because the first hearing I missed and the judge pronounced a default judgment on it, and he was no longer obligated to respond to my request for one. Should I just send another one so if he fails to respond to that one he "should" elect for arbitration. What do you think?
  13. Okay, so I have another court date coming up March 5th, and I'm really tired of Riebe. I want to enact the arbitration clause and I'm wondering how to do that. I sent a discovery a while back but, he didn't respond to it. He also sent me a "notice of interrogations" or something like that, that I was supposed to respond to. I'm wondering what should be my logical next step. Its ridiculous what they're asking for, and I'm leaning on the arbitration route. Highly doubtful that Riebe will initiate this himself, so how do I get this started? Thanks so much in advance!!
  14. Thanks for all the help. Riebe definitely didn't want the case to be reopened. It's likely because he knew he had a bad case. The items submitted for "evidence" was an old statement, with no signature on it, totally nothing even close to what they're demanding. Riebe also claimed that he was planning on serving a discovery. How do you think he'll trip up on this? Also, I think arbitration would be my best option at this point, seeing that the judge isn't willing to dismiss without everyone telling they're side of the story. How does this work? Can I initiate it now? Do I need to draw up a motion?
  15. Okay, so I just got back from court. And the judge allowed to reopen the case and vacate the judgment. However, he is scheduling another hearing where the discovery should be presented and the notice to cure should have been served...He was too nice. Anywho...I'm going to need help, Riebe, stated that their client doesn't fall under the 425.109. What's up with that? Can someone explain? I tried to go for the immediate dismissal but he said that that wouldn't give the other side enough time to serve a notice to cure. The next hearing will be in February. Any tips on what should be next? I have my motion to dismiss already drawn up but something tells me that they're going to try to squirm out of this one....We shall see!!! Thanks for all the helps guys, I couldn't have done it alone
  16. Okay, today I will have to go and plead my case before the judge. I hope he/she will dismiss this case and let it be done with! I plan on going through all the points I listed in the dismissal, and I will bring copies of each of the statues and what it states. The plaintiff's entered for "evidence" a copy of a transaction with my signature on it, not even nearly totaling the amount they're demanding. Therefore, I see it as not sufficient. The other side will be showing up via telephone, so it will be the me and the judge. Will let you know what happens hearing scheduled for 2PM. Wish me luck and thanks so much for all the help and advice!! You guys are amazing!!
  17. This is the motion that I will submit to the clerk today. Does it need to include anything more? Will it work with the court date on Monday, and do I need to send it to the other side? Will I still have to go to court on Monday? Thanks so much for all the help, you guys are lifesavers MOTION FOR DISMISSAL WITH PREJUDICE Defendant pro se moves pursuant to that the court dismiss to this action, upon grounds that there is no genuine issue in the case as to any material document, and defendant is entitled to a dismissal as a matter of law in that: 1.) The Complaint alleges a debt arising from credit provided by Plaintiff to Defendant for personal, family, or household purposes. 2.) Defendant is a customer. Wis. Stat. § 421.301 (17). 3.) Plaintiff is a merchant and creditor. Wis. Stat. § 421.301 (16) & (25). 4.) Plaintiff is seeking to recover a finance charge. Wis. Stat. § 421.301 (20) (a). 5.) The subject of this suit is a consumer credit transaction. Wis. Stat. § 421.301 (10). Want of Jurisdiction 6.) Plaintiff has not served proper Notice of Right to Cure Default in Defendant. 7.) This action is premature under Wis. Stat. § 425.104 & 105. Failure to state a claim upon which relief can be granted. 8.) The complaint does not include a “specification” of the facts constituting the alleged default as required by Wis. Stat. § 425.109 (1) ©. 9.) The complaint does not include the figures necessary for the computation of the amount alleged due as required by Wis. Stat. § 425.109 (1) (d). 10.) Either (a) there is no account stated cause of action for consumer credit transactions or, in the alternative, ( and account stated cause of action arising from a consumer credit transaction MUST INCLUDE THE INFORMATION REQUIRED UNDER Wis. Stat. § 425.109. 11.) If this is alleged to be a breach of contract action, the signed contract document has not been submitted as requested by the consumer under Wis. Stat. § 425.109 (2). 12.) A judgment may not be entered on the complaint. Wis. Stat. § 425.109 (3). Engaging in prohibited practices. 13.) Plaintiff, by prosecuting this defective action, is attempting to enforce a right with reason to know it does not exist in violation of Wis. Stat. § 427.104 (1) (j). WHEREFORE, Defendant respectfully requests the court: A. Dismiss the captioned matter for the grounds set forth above. B. Award Defendant $25 plus costs and expenses in this matter and any additional damages suffered by Defendant, and award Defendant counsel a reasonable amount for attorney fees and costs. Wis. Stats. § 425.302, 425.308, $ 427.105. In the alternative, award Defendant costs under Wis. Stats. § 814.07.
  18. Do I have enough time to do this? The hearing is on Monday. Can I go in tomorrow and do this quickly?
  19. Okay...because I'm not legal savvy and have no idea what to do when I go to court this Monday....I'm a little worried. Trueq: I know I am suppose to push for the violation of "right to cure" so I'm wondering how should this work. I will bring the print out of the document, I'm just wondering what else should I say while I'm there? Any suggestions? Please let me know!! Thanks in advance, you guys are soooo helpful!!
  20. Okay, I plan on turning in this report tomorrow at the court. However I wasn't sure if I needed to provide a copy to the prosecuting attorney.
  21. Okay, so this is what I plan on submitting to the court, and I'm not sure if it makes a convincing argument or not. Can you tell me if there is anything else that should be including moreover, is it enough to vacate the judgement??? I also wanted to know, where should I explain why I missed the court date? MOTION AND DECLARATION TO VACATE JUDGMENT 1. Relief requested. The defendant(s) move(s) the court for an order vacating the judgment entered in this action and staying enforcement of the writ of restitution until the motion can be heard. 2. Statement of facts and issues. This motion is based on the following grounds: a. Plaintiff never served proper Notice of Right to Cure Default under Wis. Stat. § 425.104 & 105, making judgement void. b. Plaintiff never provided proof of service upon Defendant of a proper Notice of Right to Cure Default under Wis. Stat. § 425.104 & 105, which notice should be made 15 days before suit. c. There exists a binding arbitration clause in the First Resolution Investment Corporation Cardholder Agreement involved in this case. d. Plaintiff properly provided a copy of the cardholder agreement and all its amendments to Defendant as requested under Wis. Stat. § 425.109 (2). e. Plaintiff has failed to provide proof of writings (including but not limited to the initial application, the card holder agreement, and statements) evidencing the alleged obligation of Defendant and any transaction upon which creditor’s claim is made. DECLARATION I, declare as follows: 1. I am the defendant in this unlawful detainer action. 2. I request that the judgment entered in this action be vacated for the following reasons: a. Plaintiff never served proper Notice of Right to Cure Default under Wis. Stat. § 425.104 & 105, making judgement void. b. Plaintiff never provided proof of service upon Defendant of a proper Notice of Right to Cure Default under Wis. Stat. § 425.104 & 105, which notice should be made 15 days before suit. c. There exists a binding arbitration clause in the First Resolution Investment Corporation Cardholder Agreement involved in this case. d. Plaintiff properly provided a copy of the cardholder agreement and all its amendments to Defendant as requested under Wis. Stat. § 425.109 (2). e. Plaintiff has failed to provide proof of writings (including but not limited to the initial application, the card holder agreement, and statements) evidencing the alleged obligation of Defendant and any transaction upon which creditor’s claim is made. I certify under penalty of perjury under the laws of the state of Wisconsin that the foregoing statement is true. Any help would be awesome!! Thanks in advance!!
  22. Terrible news...I was planning on showing up to court for my hearing and apparently missed it by an hour!!! I thought it started at 11:30AM, not 10:30AM (I wished I would've checked the thread again last night).That's neither here nor there now....I really don't want all my effort to fight this to go down in flames. What can I do now? The OC is Chase, and I'm sure the judgment that was passed if for the plaintiffs. Is there anything that I can do now??? Appeal, get it dismissed, anything?? Can I go to the clerks office and get another hearing or is it too late? I don't want to have to pay the charges???
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