VADebtor

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VADebtor last won the day on January 27 2011

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About VADebtor

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  1. Having two credit cards plus one revolving loan seems to give the most improvement. Secured cards definitely worked for me early in the process, and most definitely helped my FICO score. The amount of the credit limit is most important in terms of the utilization reporting, so you may want to pay the card off just before the statement cuts. For the best score you want to have no more than 10% utilization reported, with "more than half the cards" at zero balance. Stay away from the predators. Many credit unions off "credit builder" scenarios. Say you deposit $1,000.00 into a savings acc
  2. I think I recall that you may be able to provide a copy of your discharge to the clerk of the court where the judgement is filed because as you say, the obligation is discharged.
  3. Not specifically on the SOL question but it seems NV (and I believe many other states) have laws regarding auto repossessions and deficiency judgements. Failure to meet all the strict requirements in NV might block collection of the deficiency. I can't get the link to paste but try searching for "auto repo deficiency Nevada".
  4. Actually a protective order can help force them to produce the discovery. What the protective order will do is bar you from sharing what they produce with anyone, under penalty of contempt of court. So a protective order eliminates the arguments about trade secrets because while you have access to the discovery material for your case, you cannot publish it in any way.
  5. Remember the Charge-off date doesn't affect when the lines fall off, it's the "date of First Delinquency", the date the account first became delinquent and was never paid current again. The line can't report more than "seven years plus six months from DOFD". The really bad thing is that paying the charge off makes it appear more recent. But it will "age" and reduce the score impact. If the CO was in 2012 the DOFD might be five or six years ago.
  6. Using a Bing search for "Clout Financial" I found an article on Ripoff Report from 2008 discussing exactly this situation, but I can't find a way to post in the link. Clout or parts of its portfolio were apparently sold to WebBank then MBNA. MBNA was acquired by BOA. A full acquisition such as BOA acquiring MBNA may not require as much to prove chain of title as a sale of a "portfolio" of debts.
  7. CFPB is also a "cookie cutter" operation. They will forward the complaint for comment. Creditors may be concerned about their complaint volume and other more serious complaints so might ease up. Also in the Amex / Zwicker "cookie cutter" operation, a need to respond to CFPB might break the pattern So what's the downside of filing a CFPB complaint? Is ther anything that can be worse for the OP than where this is headed as a result of filing now with CFPB?
  8. The 7 years plus six months limit on the age of credit reporting is based on the "Date of First Delinquency". The reporting must end seven years plus six months (CRAs may stop reporting earlier around 7 years) from the date the account 1) became delinquent and 2) was never brought current again. That DOFD is based on the Original Creditor (OC) reporting and applies to any subsequent collection lines or lines posted by JDBs. In your letters you may want to say that you don't agree you owe any money but in the interest of clearing the matter ...
  9. Some thoughts on non-disclosure agreements: First, if OP hasn't signed one, there is no obligation not to disclose. Second, a truly mutual non-disclosure, if they comply, would bar them from verifying any credit reporting (the party, in this case Midland, who signs, not the OC) which is a way to make negative tradelines go away. I made a settlement years ago with a bank, including non-disclosure. They verified reporting, I called the manager of the litigation, and the next day all their tradelines were gone. You can't ask for false reporting (report paid as agreed if not), and pay-for-d
  10. Texas HOAs are all powerful. You need to either find a way to hire an attorney (there may be little an attorney can do though), or to pay what they are asking, or they WILL successfully foreclose. the HOA is probably ahead of your mortgage in the chain of title so if they foreclose it will cause all manner of havoc with your mortgage.
  11. This is, IMHO, one of the holes in the FCRA. Account Management is a permissible purpose for a SOFT pull, not a hard pull. Hard pulls are allowed only when the consumer makes a request for credit, or an increase in credit. I submit that a JDB who claims to have "stepped into the shoes" of an OC has only the right to Account Management pulls. I don't know if that argument gets you anything but that's my take.
  12. Citibank services the Home Depot credit card, that's why they are listed as the OC, and they then sold it to Midland who are suing you. Did you file a police report when you discovered the fraudulent activities? If you are absolutely certain the charges were fraudulent you may still be able to file a police report - but remember making a false statement on a police report is criminal. That's why police reports are given substantial weight, and often required to clear ID Theft reporting lines. Unfortunately the fact that you disputed the HD line with the CRAs and it was removed may not pr
  13. I used a BK specialist attorney (he does only BK and suing creditors for violations of BK law but I don't consider him a "mill"). I was well over median, but perhaps the biggest advantage my attorney had was his knowledge of the way the court I was filing in handled certain things. I wouldn't attempt a BK pro-se. Nolo is a good start, do your research and know the right questions and issues to bring up. But use an attorney who specializes in your court, especially if you are trying to pass the means test for a BK7.
  14. He's saying he is not a Party to the litigation. The parties are the plaintiff and you, he is the attorney representing the plaintiff. So if you had a friend, relative, or neighbor sign a POS for you they could say they aren't a party. I believe service generally needs to be made or attested to (when you mail things) by someone not a party to the lawsuit.