Hugo

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About Hugo

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  1. It's not surprising since the courts are effectively a tentacle of finance capital and exploitation against working people.
  2. People are sued all the time after the SOL expires. It's up to the defendant to raise the SOL defense. I don't think it is illegal to sue beyond the SOL.
  3. I had a court ordered name change in 2005. I have been contacted by a Junk Debt Buyer for an account that reflects my former surname. How should I respond to them? Also, if i ever get served with a court complaint for an account that has my former surname on it what do I tell the Constable? That I changed my name and it's no longer legal for me to use it?
  4. FLACORPS: I don't know if you were following Chubla1's problem. She/he received a1099-C and paid the taxes to the IRS. The account is now with another Collections Agency and debtor is still being hounded on the "forgiven" debt. One rule relieving a creditor from issuing a 1099-C(trigger #8) is if they sell it to another creditor or collector. So it seems that a 1099-C should not have been issued in the first place because it was "sold" to someone else. Is Chubla1 still vunerable to a lawsuit regardless of the SOL? Doesn't the 1099-C protect the debtor from further action?. Could the 1099-C be used as a defense along with expired SOL? After all it is now considered income and taxes were paid on it by the debtor. So what does "forgiven debt" mean? Also when you refer to "state claims" were you talking about a lawsuit or probate?
  5. Sorry, I couldn't isolate the quote I wanted. As far as collectors seizing a deceased persons estate, they would have to have been awarded a judgment. But that doesn't seem relevant here. I don't know if discharges and 1099-C's are "interchangeable" I think "discharge" means that the entire principle and any interest due to the creditor is not taxable on the creditor's account when a consumer defaults on a CC. That could happen way before a 1099-C is issued. Chewba1's defaulted CC was likely discharged 6 months after his last payment in 2005. I believe it's a completly independent of a 1099-C, but I may be wrong.
  6. If Chewba1 can still be sued it would mean that the debt was not cancelled/forgiven and shouldn't have received a 1099-C and paid the taxes on it. The debt was forgiven, it counted as income and the taxes were paid. If a new collector can still collect on the debt or try to sue then the debt was not forgiven. But it has been forgiven by the issuing of a 1099-C. If Chewba1 still owes the money then the 1099-C should be rescinded and tax money should be refunded. Furthermore, it appears that the last creditor who issued the 1099-C sold the debt to another collector thereby cancelling the tiggering event #8.
  7. Under trigger event number 8 (relieving a creditor of an obligation to file a 1099-C) it follows: "Facts and circumstances indicating the debt was not cancelled include the existence of a lien relating to the debt (up to the value of the security) or the sale or packaging for sell of the debt by the creditor" It appears that if they sold your debt to another collector then it wasn't cancelled. Did you settle or default?
  8. I have an absolute defense now that the SOL has expired on my account which was purchased by a JDB. In my answer to a lawsuit can I argue that the debt has not been validated i.e. no signed contract, no signed CC agreement etc... AND at the end of the answer introduce a new matter stating that the SOL has expired? (which I have proof of) Is this contradictory?
  9. This OPs question is an example of the unecessary chatter and worry about 1099©s. Did he/she get one yet? I'll bet you not. I wish all the 1099© Jerimiads would stop it. In Nov. 2008 the dept. of treasury issued a final and temporary ruling on this subject. Trigger 8, which would have opened the floodgates for 1099©s, has been rescinded for JDBs and Collectors. Unless you settle, you should not receive a 1099©. I am guilty of worryng about this myself and posting "what if?" questions until i did more research.
  10. CC debt is definitely a liability! Even old uncollected judgments. How could it be otherwise if they have not been "forgiven"? Trust me my neighbor is a tax professional and explained this in more detail than I was hoping he would.
  11. UOTE=1stStep;1110950]If you're so inclined, you may want to speak w/ a lawyer to settle this debt. You don't want to restart the SOL clock by paying on the debt.
  12. I received yet another settlement offer by another company hired by the OC (OC still owns the debt). THe SOL expired over a year ago. FMS Inc. first contact with me concerning this alleged debt is in the form of a settlement offer, which most of you have seen I'm sure. I received it today. I have had no phone calls from FMS Inc. Should I send a Cease and Desist? If I do it's just going to be reincarnated with another Collections firm. I'm tired. It's been a long 5 years for me and I've spent an appreciable amount of postage fees on debt validation letters. And is there a difference between a dunning letter and a settlement offer?
  13. I read from a UK financia site that before a bank can transfer funds without your permission from one account to another the debt would have to be "due and payable." If the debt was sold off then would it still be due and payable?
  14. Thank you Working Poor for letting me know about "Right to Set Off" The bank I was referring to is a National Bank not located in my State. The only info I could find about RTSO in my state is concerning loans that haven't been paid but I would assume a CC would be in that category. I wonder if getting a gift card from this same major bank would be better. I know you have sign the back of tha card but no personal id or registration is required. What does anyone think aboout Gift Cards and Right to Set Off? P.S> This bank has the best terms and conditions in the market. Virtually no transaction fees at all.