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frustratedguyhere01

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  1. I'm confused here.. after doing some google search, I have read a couple of websites that confirms my original statement. There have been people stating that this "expunges" your record rather than being satisfied. I do believe there is a difference between satisfied and withdrawal. Heck even the word "withdrawal" means to remove. So please explain where you got your information. Further, taken from a website "There is a process for removing the lien from your credit report. IRS Form 12277, Application for Withdrawal of Filed Lien, can remove the lien from your credit report. You can file this form upon satisfaction of the tax debt and the lien will be withdrawn rather than merely released. The difference with a withdrawal is that your credit history will be adjusted as though the lien was never filed. The lien withdrawal basically expunges the event from the record."
  2. I want to thank everyone for all the wealth of information on this website. While I got some of the TL removed from my credit, I still had to pay off some and are still in the process of removing 1 judgement and another TL that states "PAID as AGREED." In any case, I found an interesting thing about IRS liens. Starting in Feb 2011, the IRS has made changes in their lien process. There website states that they will WITHDRAW all liens that are paid off. You simply have to inform them. Here is the link to the information: IRS Announces New Effort to Help Struggling Taxpayers Get a Fresh Start; Major Changes Made to Lien Process Specifically Tax Lien Withdrawals The IRS will also modify procedures that will make it easier for taxpayers to obtain lien withdrawals. Liens will now be withdrawn once full payment of taxes is made if the taxpayer requests it. The IRS has determined that this approach is in the best interest of the government. In order to speed the withdrawal process, the IRS will also streamline its internal procedures to allow collection personnel to withdraw the liens. Hope that helps
  3. I'm sorry, I don't mean vacate judgment as I have already passed that option. I would like to try and minimize the damage from the judgment that is on my credit report.
  4. Hi, I want to vacate a judgment by negotiating a reduced amount. My question is what should I ask for that would benefit my situation in terms of credit. I had asked for the following: 1. No filing of 1099-C 2. Writ of Execution Returned as Wholly Satisfied They said that they don't know what I'm asking for when requesting these 2 items. Am I requesting the wrong things? What should I ask for that would benefit me the most. Thanks
  5. Hi, I talked to OC and was told that the debt was being collected by a specific CA. Is there any way I can get this in writing to show that the specific CA is the one assigned to collect on behalf of the OC?
  6. Thank you for the response. Yes, I got a default judgment on me back in the early part of 2009. I think I should try and fight it considering I have nothing to lose at this point. My question then is: I called BofA and was told that CA #1 was collecting on behalf of them. The CA, who is not in my jurisdiction has sent it over to CA #2 that filed a civil lawsuit and got a default judgment. I plan to file a motion to vacate due to improperly served. When the case is heard again, I want to show to the judge that the OC was not aware of CA #2 filing a lawsuit. Will this work? How can I get this evidence? I was only able to call OC and was told over the phone. Will that be enough evidence in court? Would this be considered FRAUD or what kind of violation would this be? Thanks
  7. OC assigned (not SOLD) charged off debt to CA #1 who in turn gave this to CA #2 who is in my state. CA #2 filed and awarded a default judgement So are you saying that if I pay off the judgment to the CA #2 pertaining to my credit card debt, it would ONLY remove the judgment? It wouldn't do anything as far as the TL from the OC who had charged this off? So I would be paying a judgment based on the debt and have to deal w/ the debt from the OC as well? Sounds like double whammy!!?
  8. I want to bring this back to the forefront. Apparently, a lot of people have the same issues with Hanna and Associates. I called BofA to find out that my charged off account had been given to (NOT SOLD) to Hanna. Since Hanna is in Georgia and I'm in California, they are out of jurisdiction. They handed it to another CA who filed a judgment (i defaulted, yeah.. i was dumb). Now i'm wonder what I should do. I kinda want to get this all behind me and try and settle w/ the CA in California, but am afraid that it won't change the TL from TL as something to the effect that it was "PAID OFF" or removed. I was thinking of filing a motion to vacate and use the fail to properly be served, but once the case is heard, I don't seem like I would win as the CA has given me old statements from BofA. Is "handing off" to another CA legal. Another forum member stated I should file a motion to vacate and put that this is FRAUD. Is it considered based on the fact that: 1. the CA states in the judgment that they represent BofA (FIA CARDS). When in fact it was assigned to Hanna and Associates? 2. if the judgment states CA file on behalf of FIA CARD SERVICES NA (not BofA, isn't that misrepresentation? I know FIA is BofA, but shouldn't it state BofA?) Does anyone have any evidence on this matter. I greatly appreciate it. Thanks
  9. thank you for the reply. I got off the phone w/ the OC and was told that the debt was not sold, but is being represented by a JDB by the name of Fred Hanna & Associates. I believe they in turn sent the debt to another JDB in my area to try and collect (they have filed a judgment on me AND they are AGAIN sending letters to try and collect!)
  10. If an account has been charged off and given to a third party, does making a settlement with the third party have any affect to the charge off account? Basically, if I pay the JDB, do they tell the OC that I settled payment and the OC would note that in the charge off?
  11. yeah, I'm thinking of motioning to vacate judgment based on improper service, but that would just make the case be reheard. I'm afraid that since I called the OC, they told me that they gave the third party documents, my argument of an affadavit and ownership of the debt might be overturned. I do have my truecredit report that shows the debt as a follows: - Account No.: 66** - Condition: Derogatory - Balance: $8151 - Type: Credit Card - Pay Status: Collection/Chargeoff Can I argue the case that use the defense that OC does not know of the court case. (would evidence of the account not saying it was sold off, but instead saying it was charged off as bad debt Profit and Loss write off work? I would print that out from TrueCredit and submit it) I'm just afraid the judge might not know to look for the words "SOLD OFF" as showing a change of ownership. What do you guys think? Thanks
  12. Hi, so I have a judgment from FIA Services (I had a credit card from BofA) that was done by a JDB in my area. Upon calling BofA, I found out that the account is charged off and was given to a third party, who in turn probably gave it to another JDB lawyer in my area to file the lawsuit. My question is if I were to negotiate on a settlement with the JDB, can I get the judgment and the chargeoff removed? Would the JDB have any authority to make that kind offer? Is there any other course of action that I can take? Thanks
  13. Hi, I have a chargeoff account from BofA and called them to find out what the status was. I was told that they sold it off to a JDB who probably gave it to a local lawyer in my area (filed a judgment). My question is that once I negotiate a payment, would the JDB that filed the judgment be able to go back to the OC and remove the TL as well as judgment? Thanks
  14. Actually.. now that I think about it, I can argue my case either way as a creditor cannot file a civil lawsuit against me.. A creditor cannot be a debt collector as well. Does anyone know any supporting evidence that I can use? Actually would the court recognize FIA Services as BofA = credit card issuer?
  15. Ok, so I have a judgment on me and the plaintiff states an OC (well it says FIA Services, but it was BofA). And that a lawyer is representing them. I really believe that the lawyer is a JDB. Is there a way that I can prove to the court that OC is not aware of this case and instead represented by the JDB/lawyer?
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