Jump to content

nobk4me

Members
  • Posts

    2,086
  • Joined

  • Last visited

  • Days Won

    53

Everything posted by nobk4me

  1. I don't think you can do that. But I think employment falls under personal information, which you can change. At least I was able to do that, although maybe things have changed since then. I did it online.
  2. I think you can just request that the info be removed, regardless of whether it's correct.
  3. I think ANY job makes you a target.
  4. I think it can be entered as a result of an employer checking your credit, as part of the hiring process.
  5. Maybe you could remove mention of employment from your credit reports. Might make you less of a target. I believe that employment, meaning wages to garnish, is the main thing debt collection law firms look for in deciding to sue.
  6. It is, but is generally geared to consumer debt and credit issues. The issue you have is complex and not what we usually see here. It sounds like you have a cause of action against your business attorney, who did not effectively represent your interests. Maybe a bar complaint, or a legal malpractice lawsuit? Sorry I can't provide more help, but this is clearly beyond my knowledge base.
  7. It sounds like they have a judgment. Is that correct? By disability money, do you mean Social Security? That income is exempt from a judgment.
  8. Was the plaintiff a JDB? While I think JDBs can issue 1099Cs, I have never received one from a JDB. Only a few, and only from OCs.
  9. I would agree that you should consult a consumer attorney. You probably have a good case. (And thanks for the info about Target's Red Card. That's something I will avoid!) I suspect you are not the only person in this situation. I think there is a potential for a class action lawsuit here. So you might want to seek out lawyers who specialize in class actions.
  10. Typically, after an account is charged off, which happens about 6 months after it goes into default, they stop adding interest and fees. I think the only way they can continue to add interest and fees, either before or after charge off, is if they keep sending you statements. That is a requirement of TILA, Truth in Lending Act. I am not a lawyer, and I am not extensively familiar with this law, but I think that's the gist of it. Maybe others can add some enlightenment here. Discover did keep sending me statements several years after charge off, but that didn't go on for 9 years, like you are experiencing. And they did not add interest or fees, despite sending statements. Is Discover the creditor here?
  11. Don't worry about the Form 982 unless and until you actually get a 1099C. I doubt that you will get one. But this is a strange situation, that they are still sending you statements after 9 years. Are they still adding interest or other fees at this point? That is the only reason I can think of for still sending statements. They can't add interest, under TILA, without sending statements, if I am recalling the law correctly.
  12. Yes, I would think that if no 1099C has been sent so far, it won't ever be sent. If you do get one, it's not the end of the world. If you are insolvent (owe more than you own), you can exclude the cancelled debt amount from your taxable income using Form 982.
  13. If you are in small claims court, maybe that is the reason. But even that language can be defeated. The clause says the creditor won't require YOU to arbitrate. It doesn't prevent you from seeking arbitration, that you want. You said you already filed and paid the arb forum? Before filing the MTC Arb? That is doing it backwards. Usually it is best to file the MTC Arb, wait until it is granted, and then file with the arb forum. I think you do need to file the MTC Arb. @Bulldoger is in VA; maybe he has some advice?
  14. Yes, I can see that exception being used for some small corporation, LLC, non-profit, HOA, etc. The JDBs probably have contracts with their law firms, and are required to use their lawyers. Plus I can't see a JDB, that wants to win their case, sending a non-lawyer into court. Especially when they have the bucks to hire attorneys. It's folks like us, who don't have the bucks, who go pro se.
  15. I'm not in Oregon, but if attorneys are not permitted in small claims court, then a creditor (bank or JDB) can't use small claims court. These are corporations, which need to be represented by an attorney. Only an individual, real human person can go pro se, without an attorney.
  16. CA is one of the few states where the procedures favor the consumer, from what I've read. @RyanEX may have some advice?
  17. The best thing to try is private contractual arbitration, in either JAMS or AAA. Whichever is in the contract (cardmember agreement). If it lists both, go with JAMS. Note this is not the same as the court-sponsored arbitration you mention. The point of private arb is the high costs to the creditor. Best info on arb is here:
  18. Arbitration is the best way to beat a JDB, especially when the OC is Synchrony (free JAMS, unless they changed their terms). Best info on arb is here: @Clydesmom and @fisthardcheese know about Georgia.
  19. Motion to Compel Arbitration. Best info on arbitration is here:
  20. I would wait for them to sue. They may or may not. If they won't budge off 10% I would not try to negotiate with them further. If you sound desperate to get this resolved, they will figure you have some reason to clean up your credit, like looking to buy a house. So they will be less likely to settle on favorable terms and just file suit. You have been through 2 previous cases, so you know how to beat them.
  21. Right, they can't force you to settle. But they might try to put a lot of pressure on you to do so. You need to stick to your position, you want private contractual arbitration. I think @Harry Seaward and @Goody_Ouchless are in AZ. Maybe they have some insights?
  22. Usually charge off is about 6 months after default. So you are within the SOL. Do you know when the last payment was, to confirm this?
  23. The only time the IRS is involved concerning cancellation of debt is when a creditor sends you (and the IRS) a Form 1099C. You have to include the amount on the 1099C as taxable income, unless you are insolvent (owe more than you own), in which case you can exclude it using Form 982.
  24. Maybe I missed this . . . but when did this debt go into default?
×
×
  • Create New...