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Everything posted by nobk4me

  1. I assume this is a JDB? Who is the OC? If arbitration is available, that is the best way to beat a JDB.
  2. I don't get why anyone who is at all worried about germs would choose a career in health care. The car accident victim could be infected with HIV, Hep C, or who knows what. And the ER docs are drenched in their blood. I think they are the ones being selfish, insisting that everyone else suffer because they suddenly realize they could catch a fatal disease. When it should have been obvious up front that this risk goes with the territory of working in the medical field.
  3. Re the hero worship of docs: this is being exploited by the gov. Here in Ohio there is a daily press briefing by the governor and the health director. The health director wears a white doctor's coat. While she is an MD, her job in state government does not involve treating patients. It is an administrative position. The white coat is a theater prop, to reinforce her authority.
  4. The virus is real. But I suspect the risks are being exaggerated. This isn't the new bubonic plague. Yes, there are vulnerable populations. So isolating them would be the logical course to take. Instead entire economies are being destroyed with these unprecedented lockdowns. Worldwide about 1.5 million people die of TB every year. But we don't shut down the economy and make people hide in their houses because they might get TB. It makes me wonder if there is another agenda here. For some contrarian views I would recommend
  5. I agree. I wish people would wake up and fight this. There are some protests starting. But most people are too compliant. Too scared by the propaganda into believing Covid will kill everyone. Or too afraid of the cops to defy these orders. The media is parroting the gov party line without question. Those who are critical are being deplatformed as purveyors of fake news. I wish I could be hopeful . . . but I'm not seeing hope.
  6. It's disgusting. We had an economy that worked, not perfectly, but it functioned. Now millions have been thrown into instant poverty. It's like the old Soviet Union, where people stood in lines to get into stores, and when they finally got in half the shelves were empty. What is really obscene is hungry folks are lining up at food banks while farmers are dumping milk and destroying crops and livestock. All this destruction to "stop" a virus that will not kill young healthy people, who are suffering the most from the government edicts.
  7. It was from an out of state law firm CA. They said no attorney has reviewed the case. They gave the names and phone No's for the collectors should I choose to call them. Very standard language, no violations in the first letter.
  8. Yes, I have proof. The BFE defense is what worries me, especially in the Covid crisis. What it looks like happened is they changed their internal filing number system and this one fell thru the cracks. But, aren't they the professionals who shouldn't let this happen?
  9. I got a dunning letter from a CA in early April. Usual verbiage, I had 30 days to dispute. Which I did. They got my DV letter in mid-April. They did not respond. In early May I got another dunning letter from the same CA for the same debt, same amount, almost the same wording as the first letter, but with a different file number (the CA's internal reference number). This letter also said I had 30 days to dispute the debt. Did they violate? Ordinarily I would say yes, but I wonder if a court would cut them slack because of the Covid craziness. Should I send a second DV letter in response to their second letter? Would it hurt me to do so? Would it hurt me not to send it? I appreciate any advice. I haven't run into this before.
  10. You need to research the arbitrators. You want someone who is pro-consumer. A background in Legal Aid, public interest law, etc. Avoid someone who is pro-business, background in banking, creditors' rights, etc.
  11. Agree with Clydesmom. You don't want the JDB to keep doing this. I suspect your bank will hit you with a fee, which could be $100 or more, just for responding to the bank levy.
  12. How old are these debts? What kind of creditors? OCs or JDBs? Are they being aggressive in trying to collect? I am not a fan of cleaning up credit while the debts are within the SOL for lawsuits. What often happens is you poke a sleeping bear and it attacks and devours you. I am a believer in waiting out the 7 years for it to drop off the credit reports. You default on debts, it's not unreasonable to suffer some adverse consequences. I wish this is all a creditor could do. Also consider that we are on the verge of another Great Depression thanks to Covid and the government reaction to it. Rather than paying old creditors, save your money. You might need it to buy food.
  13. Probably too late now, but why did you do this? I would have let sleeping dogs lie. It's possible this could have laid dormant until the SOL passed. If your state has a borrowing statute, the SOL may have already passed. Discover uses Delaware law, where the SOL is 3 years. It's possible you restarted the SOL by talking to them. All I can suggest now is don't pay them anything until you get a settlement agreement in writing, that your payment completely settles the entire debt. I would suggest getting an attorney to review the agreement. Maybe Legal Aid could help? Also, watch out for a 1099-C for the remainder of debt, meaning it's taxable income. My advice to others with older debts like this is do not contact creditors if they are ignoring you.
  14. Far more afraid of the government and its overreaction, and resulting economic devastation, than of the virus. Poverty, stress and despair can and will kill people too. This will be another Great Depression, thanks to the government.
  15. Yes, already seeing that. Under Ohio's stay at home order, collection agencies are considered essential business.
  16. By consumer protection laws, I did not just mean at the federal level. In Ohio, probably in response to the 2008 recession, the SOL was shortened for written contracts. The BK/judgment exemptions were raised to bring the state into the 21st century (from the 19th). And the Ohio Supreme Court put teeth into the borrowing statute. When everyone is feeling the pain, there is political will to relieve it.
  17. I wonder if this will benefit debtors. Maybe safety in numbers? More consumer protection laws?
  18. Something to remember: if things get hairy and you need bankruptcy protection, you can always file it then. It's not something that has to be done right now.
  19. I would not try to settle with creditors or file bankruptcy. The OP is disabled and living at the poverty level. She needs every dollar she can hold on to. I would keep the payout in a safe (from creditors) account, even if that means a non-FDIC insured account. And wait until the debts are out of statute before moving the funds. Your decision, of course. Others may choose differently, depending on their financial situation, comfort with risk, feeling a moral obligation to pay, etc. You didn't choose to become disabled, so I don't think anyone should judge you for whatever decision you make.. Another thing to consider: settling with creditors will have tax consequences. You will receive a Form 1099c for the remaining debt.
  20. Another thing: don't bank where you borrow. If you do move the funds to a FDIC-insured account, do not choose a bank where you owe any debts. Most banks have the right of offset, which means they can seize money from a savings or checking account to recover a debt you owe them. For example, if you owe Citibank for a credit card debt, and then open a checking account at Citibank, they can clean out the account. And they don't need a judgment to do this.
  21. If you move the insurance payout to a FDIC-insured account, it would certainly make it easier for creditors to find it. I don't know if this would affect the exempt status. Be aware that judgment creditors tend to levy first, ask questions later. It will be up to you to prove the funds were exempt, and that will take time and money.
  22. You should be able to do this yourself. I don't know the law in your state, but could using a paralegal be considered unauthorized practice of law?
  23. Study up on the arbitration strategy. Best way to beat a JDB, expecially when the OC is Synchrony.