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selfprodigy

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  1. I have a perfect credit rating up in the 750's, never had a late payment, I use less than 20% on my credit cards and I'm paying off a mortgage and a car loan. I checked my credit score the other day and it dropped 100 points. I found a collection agency in Flordia put a CA account on all 3 reports for a $110 TMobile bill from 4 years ago. I didn't get a notice that they were attempting to collect on a debt. So I started looking them up and I can see that they don't have a businessess license in WI. I'm assuming this is why I never got a letter. So I called them and recorded the telphone call, they were aware of it being recorded. The man on the phone informed me that it was for a T Mobile cancellation fee on a prepaid account. I asked him if he had my address and he read it off to me, then I asked him if they ever sent a notice or called me to let me know they were attempting to collect on a debt. He apologizes and says that for some reason no letter was sent on this account. I told him I was upset that I wasn't afford the opportunity to dispute the debt or pay it before it made to my credit report. He then puts me on with his supervisor who I explain the situation and tell her I want to validate the debt. She tells me it can take a long time and that they don't have to remove any info from my CC report during this time. I then tell her I have a recording of him expaling that they never sent out a letter of notification. She told me they would take a pay for delete if I give them my credit card number. I told them to stop reporting it, that I will offically request valdiation via mail and that I consider this damaging. Now, I don't think they are allowed to practice in my state of WI. Can I sue them in small claims? Are they allowed to report it to the big 3 without giving me a proper validation period. Do I actually have violations. As a side note, I do not owe this debt. I worked it out with T Mobile 4 years ago, I had paid my contract in full but ported my number early. They waived the fee over the phone and I never got a bill, just this on my CR 4 years later. I doubt I can find the letter since I've moved twice in that time period.
  2. The card is in my name. So get this they delivered the papers to my sons wife and she signed something saying she would give them to me in the next couple of days? Is this a legal way to serve papers. I would rather not have family or friends know my business. The problem with all this is that card is from 1999 i have no idea if the amount they say i owe is true or not. I dont understand how they can operate like this without there being a conflict of interest.
  3. So here is the rather difficult situation i find myself in. In 1999 my husband opened a Capital 1 card in my name and signed the paper. He literally did everything for me pumped gas managed the bills etc... He got terminally ill in around may and passed away in June. I find out there is this debt with capital one and that 100 a month was being paid to LVNV funding with a 12 dollar fee and some interest. I callled and immediately ended all payments and asked for validation. I sent a certified letter and received no response. Suddenly Blatt Hasenmiller picks up the account. Sends me about 3 years worth of itemized printouts... They dont start at zero or end where they should. I never used this card... These charges arent mine. I send them back DV letter certified within the 30 day period asking for the original agreement the works proof they own the debt cited case law.... No response for fifty days. Then, they decide to sue me. They serve the papers to my sons wife at their house across town. This totally blows my mind as they have our address why would they serve his wife papers? Guy hands her the paper and basically walks away without asking who she was nothing... At this point im not sure if this is the original creditor or not. Im not sure what aff defenses are applicable in this case. It seems like a huge conflict of interest to have a collection agency collect on your behalf and then sue as the original creditor getting all kinds of perfection under the laws afforded to them. Credit report says this was charged off in 2005. 1. Who is suing you? Capital One (I think this has been passed to LVNV then when i requested validation i heard nothing from them. Suddenly Blatt hassenmiller sent me a 30 day notice. I sent a DV letter asking for orginal documents statements) 2. For how much? 3800 3. Who is the original creditor? Capital One 4. How do you know you are being sued? They served my son papers at his address where i do not live. The paper serve walked up to his wife said "looks like you have your hands full" handed her the papers got into his car and drove away. 5. How were you served? Were you served? Served at home by process server. I wasn't actually served 6. What was your correspondence (if any) with the people suing you before you think you were being sued? I asked for validation they sent back a copy of a paper for 1999 with a signature on it. No contact no license that they are authorized to collect in this state etc... I requested further validation and never heard back from them until they served my sons wife my summons. 7. Where do you live? IL 8. When is the last time you paid on this account? They are stating July 2010 - However my husband talked to these people i never had any deal in place. He was terminally ill and hospitalized during this time and i was never even home i was at his bed side until he passed away later that month. Before that it looks like sept 2006 was the last payment made but the statments they sent me. 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Pending 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes 12. Does your summons require a response in writing? Did you receive an interrogatory (questionnaire) regarding the lawsuit? It says it doesnt require an answer but im going to file one anyways. 13. What evidence did they send with the summons? An affadavit by a cap one rep saying that the account was mine and that i owed 3800 with a 28 percent interest rate. 14. What is the SOL on the debt? Well IL is 5 years but if the orginal agreement was under VA law then 3 but i cant seem to get my hands on the actual agreement.
  4. I have successfully used a lot of information on the boards and to all the helpful members let me thank you dearly. I've come into an interesting situation. I've been repair my credit / paying for delete working with CA etc to bring up my credit score. Well to make a long story short i lost my job (company shut down) im collecting unemployment at the moment but i do have some savings. I ended up in the hospital because of an electrolyte unbalance. So i asked to sign up for the charity assistance program. They basically told me you made too much money last year. They don't really care that im getting about 1200 a month to live on presently. But the lady says send in your wife's pay check stubs and we will work something out. The total hospital bill is around 2k... Now i asked her to send me an itemized list. There is about 500 dollars of extra charges on there. For instance i was double charged for 2 iv's of potassium when i only received one (wife was there to witness it). Ive read that this happens constantly so I told the lady i would get back to her. My fault i let this go by for like 2 or 3 weeks. Instead of the hospital calling me they just sent me to a slime ball collection agency out here. I just received a you have 30 days to pay this debt notice in the mail today. At this point i could care less about the charity program i just want the extra charges knocked off and a 12 month payment plan (she told me they had one). Now, if i call the hospital and i set this all up do i have to DV the collection agency? What if the hospital wont talk to me how to contest a medical bill with CA if they dont have access to my medical records under the hippa laws? Im willing to pay what i owe i just don't want to pay more than i owe, and i dont want my credit screwed up. Any suggestions?
  5. Will filing the motion get me another court date before the trial to request discovery for production of documents?
  6. I'm helping my mother in law on this case. I know some of you have been following but I'm not sure what to do. We went to the court house and filed an answer and an appearance. In the answer we denied the claim that we owed the doctor for services rendered, and we listed our aff defenses. We asked for a dismissal or a motion to leave for discovery. It crucial that I get to leave for discovery so i can talk subpoena the doctor that saw her before and after the surgery. We didn't go to the court date because the summons says "This case will not be heard on the day for appearance if you have filed your written appearance and paid your filing fee you need not appear in person that day." Reading the docket the judge granted the plantiff leave to investigate our countersuit but all it says is def failed to appear cause to set trial. I have a trial date jan 19th now.. I called the courthouse and she said oh well your supposed to request those things ahead of time. I said i did in my answer. She said why didn't you come to court? I said the paper you sent me says all i needed to do was file an answer.... "oh we sent the wrong one then..." Go ahead and file a motion. So? Am i screwed or what?
  7. Okay some of you have seen my other threads and after doing more research I've found that medical malpractice can not be used as an aff defense in illinois without a certificate of merit, by an expert of that field, and it is a major head ache. What i want to know is when I'm filing my answer Can i countersue for pain and suffering Can i also ask for leave for discovery and if i do then, do i have to tell what it is for document production etc... or... do i just file the motions after getting leave?
  8. Okay guys doctor backed out and won't answer my phone calls. I just have a few questions. 1.) Do i have to put the dr name in the answer if i plan on subpoena him to testify. 2.) I have pictures of the hack job this doctor did so i attach them to my answer? 3.) What other affirmative defenses should i list? 4.) If i wanted to countersue how should i word it in the answer?
  9. I talked to my uncle his is a family and divorce lawyer. He was on the train on his way to the bears vs packers game tonight so he couldn't go into detail. He said in order to medical malpractice as an affirmative defense, or to counter sue that will need to get a certificate of merit from the doctor. But, he didn't really tell me where to get that. Does someone have a form like that?
  10. My god it's 135.00 to file an answer to the compliant. Just to defend myself. This is crazy is there any way i can recoup that from them. I just called the court house.
  11. You guys have been great. One final question. I know your not a lawyer but what do you think of my answer. Is it written correctly in your opinion.
  12. Yes he was contacted and refused to speak to us. Everyone else got paid except him. It's really not a matter of money on this one it's the principle. He was supposed to do something and he didn't. He should not get paid period. So I'll get the affadavit signed and attached to my documents. Does my answer seem okay or do i have to explain each item?
  13. I can't really seem to find a form for that on their county website. Is it just a paper swearing to the fact that he witnessed this signed by him does it have to be notarized?
  14. Okay he's willing to testify. But I don't need him until after the discovery process right? I don't want to drag him to court until i need him.
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