Jojool

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About Jojool

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    Arizona
  1. Thank you! I've sent the C&D letter and I'm done!
  2. I have been dealing with a couple of CA's that are driving me nuts. This is in reference to an alleged debt that is over 10 years old. I have responded with letters, asking for disclosure of all information that they have. The first one, Credit Management,llp, finally sent me a letter saying that they would not pursue the alleged debt. Two weeks later, I received a letter of collection from Resurgent Capital Services, regarding the SAME alleged debt. Again, I sent a letter, also including a 30 day response time. It took them months to respond, and I got a letter from them saying "The law limits how long you can be sued on a debt. Because of the age of your debt, LVNV Funding will not sue you for it, and will not report it to any credit reporting agency." Today, (dated 6 days after the first letter), I received another letter from Resurgent. It begins with "We have rec'd your inquiry regarding the above referenced account. However, the information provided, along with the review of the account, is insufficient to support your claim. If we do not receive additional information on this account, we may resume collection efforts." What do I do now? Another letter? If so, what do I say? Does one hand not talk to the other at this CA? Please, I'd love some advice on this one. I have NOT and will NOT admit to this alleged debt as it is 10 years old and beyond the Statute of Limitations. Thanks!!! Juli in Arizona
  3. Quick question - I had a great Debt Validation letter template, on my old computer which has since died and nothing was saved... I've looked all over the forums, forms, etc. and can't for the life of me find it. It included a paragraph about statute of limitations as well. Help?? Thanks!
  4. About a year ago, my husband was served regarding Midland Funding and a debt that we had NO idea what it was. We went through all of the responses, filed with the courts. Also asked for all of the information that they had (the lawyers) on the debt. We were finally given a court date, and we showed up. We were told by the clerk of court that the case had been settled, and a judgement had been granted against my husband. After asking the court how this could happen, (we did our part, showed up for court!!!) they said that we hadn't responded to one of the orders...we never rec'ed any order regarding the judgement, but whatever. We decided to settle, as it was under $1000 and we just wanted it out of the way. the lawyer's office agreed to $100 a month. We've been paying, as agreed. I should say my HUSBAND has been paying this, as I had NOTHING to do with the debt. The 'alleged" debt was incurred before I even knew my husband. On Saturday, I rec'd a copy of an Application and Affidavit of Default against ME. It included a Notice of Intent to seek Entry of Default and Judgment by Default...and named ME only. WTF? What do I do now? How can they go against ME, personally, for a debt (which we still did not agree to, but my husband settled) that I had absolutely NO connection to? If this debt was valid, then according to the dates, I didn't even KNOW my husband when it was incurred! Please, help! I am not a lawyer. I am just an unemployed person, who has been working VERY hard to repair my own credit (ruined by my ex) and finally have a decent credit score. Now this???? If this goes through, then bankruptcy might be our only answer. If I have to have my credit screwed up this badly by these idiots, I might as well go all the way and get rid of it all. HELP!????? Please!!!
  5. My husband just rec'd a class action notification from a Federal Court regarding a class-action lawsuit against Midland Funding. the case is Andrea Brent V. Midland Credit Management, Case # 3:08-cv-01434. Basically, it's telling my husband that if he joins in the suit, he will recieve approx. $10.00 and will be bound by the settlement.... that's just fine, but what about getting the current judgement vacated and removed from our credit?? If we join in this suit, will we be able to do anything about that? Any suggestions/advice would be appreciated. has anyone else gotten this notice? Thanks! Juli
  6. Thanks for the info...even though I think it's so unfair that they can get away with it, I am at least informed now. I went through my paperwork, and nowhere was it mentioned that there was a trial date (or hearing) for the MSJ. Probably wasn't necessary, so they can get the judgement without your knowledge. It's all so horrible. I am contacting my local news organizations, hopefully it can get out there to the thousands of people this is happening to. Somehow, the laws need to change..... My husband and I are just trying to survive in today's economy. I'm unemployed, have been for almost a year. My husband is a disabled Veteran, and we survive on a week to week basis.... we're not trying to sleeze out of debts, not running from our creditors...but I refuse to pay for something that is NOT ours!!! And, I believe that we as American "law abiding" citizens should have the opportunity to defend ourselves ..
  7. Okay, so I've been fighting Midland Funding (with this sites help!) since July 2010. Same story as most here, debt is unknown to my husband and I'm evidently "Jane Doe" for court. We have done all paperwork required, answers, verif. of debts, etc. We had a telephonic hearing in November 2010, at which point the judge (well, he likes to call himself a judge, but he's a justice of the court) said we would have the trial in 90 days. One of the reasons we didn't settle, my husband's ex has used his social sec. number to obtain other credit, and we know identity theft has been happening. We filed an affadavit for that, and sent it to lawyer and filed it with the court. December 30, we received a "motion for summary judgement" and a "supplemental statement of facts" from the lawyer. Along with the statement of facts, there was one page, the cover of a credit card bill, with my husband's name, a 5-year old address, and the balance due. That was it for proof that this debt was his? BTW, the summary for judgement and other paperwork were copies, no signature of either scumbag lawyer or judge. No sign of filing. I, being new to the judicial system, assumed (I know, I know) that the motion for summary judgement would be decided at our court date of March 28 (Monday). When my husband and I arrived 1/2 hour early for our court appearance, we were told by the court clerk that the issue had been adjudicated on March 9, with a judgement approved by the judge!!! HUH?????we never received ANY paperwork on this. Nothing, nada!!! Also, court clerk would NOT give me copies of the paperwork in our file. why?? Aren't those public record????? I was shocked. At this point, she said all I could do was file a motion to vacate, so I did, right then and there. Can someone please explain, how can we have a court date assigned (by the COURT) and yet not be able to stand up for ourselves or ask any questions of this rip off collector? Was I that stupid?? I know maybe I screwed up by not "answering" the motion.....but I honestly thought that would be addressed at our HEARING. I am fuming mad. Do the "justice of the peace"'s get kickbacks? Why weren't we allowed to face the judge and our 'executioners' ????? Makes me understand why people go crazy in the courthouse.....
  8. You can go online to the usps website, put in the certified #, and it should give you a look at the signature of the delivery card. You can print that out. It is legal, and can be used as a proof of delivery. (I used to work for Postal Service.)