emode02

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About emode02

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  1. Hello board, I'm back after successfully handling Midland in 2010. A family member has been served this week regarding a junk debt with Washington Mutual/CACH LLC. The card was closed June 2011 according to suit. The family member has stated they have never had a card from WAMU. Their credit report states the same, it is a great report with no negatives. Naturally they are freaked and I am reading up on CACH and they seem to be just as brutal as Midland. The only step I've taken so far is to make contact with the local police department to fill out a identity theft report. My next step will be having the family member respond in court or retain an attorney in the city. Any feedback? Is there a template response to be used in Texas? Thanks, EMODE02 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSCH STURM ISRAEL ENERSON & HORNIK LLC (Office located in Addison, TX) 3. How much are you being sued for? $3500 - $4000 4. Who is the original creditor? (if not the Plaintiff) Washington Mutual 5. How do you know you are being sued? (You were served, right?) Served, filed in County Court 6. How were you served? (Mail, In person, Notice on door) Process Server 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact what so ever. 9. What state and county do you live in? Bexar County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) No knowledge of having a Washington Mutual account ever. Not listed on credit report, all accounts current. Name is a common name in this region of Texas however my middle initial is not listed nor any DOB/SSN. 11. What is the SOL on the debt? To find out: Card closed June 2011 according to suit, no knowledge of having this card period. Statute in Texas = 4 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons served to me. Need to create response, file with Court and Plaintiffs attorney. Also seeking attorney referrals perhaps if I can’t handle this on my own. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not listed on Credit Report. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No, no prior contact was made via Mail or Phone prior to being served. 15. How long do you have to respond to the suit? (This should be in your paperwork). 20 days. Clock started this week. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing attached but the suit/summons.
  2. From what I received, they have discontinued their collection efforts. I'm not sure if they would restart their collections effort. They were never able to validate the debt and who the original creditor was. All i was told was the last date of action was well over 10 years ago (2000). So even if they wanted to sue, it's past SOL plus they have never been able to validate it. Who knows if they can write off the entire debt. Most likely the OC who ever it was wrote this off in 2000 and I doubt PRA paid the amount they are attempting to write off.
  3. I've read that prior to posting this. I thought my question was specific enough as I had disputed with the State AG's office and had received a response. I did not see much on that thread on what to do after that. (BTW.. I've already filed a tax fraud form with IRS as well as VA's AG office and TX AG Office) It seems, and rightfully so with the AG overworked.. that they do not have the time to really look into this. They take the response from PRA and forward it on to me. There is no aggressive enforcement. This is my problem for living in this state.
  4. I received a 1099-C from PRA in January. I started receiving phone calls in 2010. I never picked them up, I sent PRA a DV letter then a C&D letter when the calls continued. Nothing was heard until i got the 1099-C from PRA in January. I filed a complaint with my State AG's office and this was the response they got and they have since sent this to me, said thanks and have a great day. No action was taken. What action can I take from here? Will the IRS simply take a letter like this from PRA as stating I owed this debt? They never proved to me a) it was mine they owned it. Thanks, E Thank you for bringing this matter to our attention. PRA purchased the account from OC in 2009. At the time we purchased the account, OC informed us that the account holder was ME whose social security number ended in ####. The Form 1099-C was prepared and filed pursuant to the IRS 26 USC 1650P blah blah blah. When we filed the Form 1099-C in 2011 we had discontinued our collection efforts in view of the consumer’s letter of Late 2010, a copy of which is enclosed, requesting that we cease communications with the consumer in regard to the account. Please let us know if we may be of further assistance in this matter.
  5. Greetings, I'm helping out a family friend who was recently served by a former landlord for a dispute in the previous lease/rental for < $3 K . I am letting her know she has to answer, but in addition she is a disabled vet on disability. This is her only source of income. From what I read, this income is all exempt. How would we go about answering the complaint and sticking in there, by the way - all my income is exempt. This is in Arizona.
  6. Why would you file it with IRS? File a complaint with your State AG's Office, the Postal Inspector, and the IRS Tax Fraud department. If they can't prove the debt is theirs to cancel (and write off) they are committing fraud. Don't give in to their threats and tactics. This is a tax write off for them, and they aren't even (most likely) legally entitled to it.
  7. Are you sure it was the JDB who dismissed it and not the Court due to you not being served timely? Good luck regardless...and stay on top of things. Don't give an inch to these scums.
  8. I sent them a C&D, they sent as a thankyou a 1099-C. To thank them for their kind fraudulent 1099-C, I filed reports with 3 state AG's offices, (The state i live in, the state in which they mailed it to, and the state they are based out of) The US Postal Inspector, the state FBI Office, and last but not least, the IRS Tax Fraud department. You should consider the same.
  9. emode02

    SS #

    I never use my social, even on the phone (even with my legit creditors) I state I do not and will not use it and they can verify my identity through other means. When I dealt with PRA calling me, I just referenced the phone number they were dialing, no social, no account number (since I never talked with them and they never mailed me anything) It seemed to have worked. In summary NEVER GIVE ANYONE YOUR SOCIAL SECURITY NUMBER!
  10. http://online.wsj.com/article/SB10001424052748703561604576150601851774000.html?mod=googlenews_wsj Wow! Wonder what we should think of this.
  11. Good luck! Fight hard, and there is a good chance you can win. Destroy that fradulent affidavit, then go after their chain of title, and ensure the statues of limitations have not passed. DON'T RETREAT DONT BACK DOWN! GO AT THEM WITH EVERYTHING YOU GOT
  12. Alright, wrong term... but if this guy never lived in Ohio or stepped foot in there from what he states, how can a court make a judgment on him in a state? I've never stepped foot in North Carolina or Ohio for that matter, could a court have jurisdiction over me on a harm committed in NC or OH? Seems to be a loophole in the courts if that is the case. I guess ya should see about pulling the case file somehow across the states and see what the background is OP. May need to go here: http://www.naca.net/ and find an attorney in your area or one in Ohio who can help ya out. These JDB's are shaddy. I was sewer served and once pressed to them with the help of an attorney for papers, etc... they moved to dismiss a 2 + year old default judgment. They knew we were going to prove perjury on their affidavit of service... and we had not even mentioned the issue at hand in the first place, they dismissed once the heat was turned on. In summary, Don't give up... Don't think the cards are stacked against ya.
  13. If you had no relation to Ohio.. you may want to look into having the default judgment vacated due to court having no jurisdiction over you at any time. I don't believe there is a time limit if the court never had personal jurisdiction or subject matter jurisdiction. Period.