IndiraMehta

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About IndiraMehta

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    PRO SE NINJA, M-F, 9 to 5

core_pfieldgroups_99

  • Interests
    getting rid of my debt = current hobby
  • Occupation
    Wall Street Fighter!

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    CA

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  1. I am thinking of filing in small claims for fraud and to recover the costs necessary to hire a REAL CPA to re-do my 2015 income tax returns. I think in CA, individuals can sue for 7500 or 10,000. I choose small claims because: * I have the bank with whom the fake CPA does business. It is a private bank. It is likely that I can levy this bank account if I receive a judgement. Private bank account holders... likely have much more money in their accounts than ordinary people. * The fake CPA is not allowed to bring counsel with them to court, severely limiting their recourse and ability to present a cogent defense. * A judgment in small claims court is STILL a judgment and can be enforced just like all other judgments. * Small claims filing fees are something like $90 or something. This is substantially less than hiring an attorney. * I can recover costs of collection of the judgment much faster. * Going to small claims court will be much faster than limited or unlimited civil. I'm just curious about your take on this with this information in mind.
  2. I have filed, and won 4 credit-related lawsuits pro se. Two were having erroneous credit card judgements quashed and vacated. One was a contract dispute, and another was an ID-theft related robo-case. While it is difficult, I don't doubt my ability to file and, ideally, win such a suit. The ex spouse has already provided a deposition in a related matter, and his responses are legal evidence. I am not 100% certain of the fake tax preparer's assets. While I am interested in recovery, I am not considering this for money. These fake tax returns were falsified for use in conjunction with several fraudulent immigration petitions. Also, the IRS reporting of these fake returns has caused my Income Based Repayment of student loans to reset, causing me to owe much more than I had originally arranged to pay. The Dept of Education won't revise the monthly payment unless there's some sort of determination of tax return fraud. This could take forever.
  3. My ex spouse used a fake tax preparer to help him file fake 2015 tax returns and re-file fake 2011-2015 tax returns. A refund, I am not sure the amount, was issued and I did not know about or receive it. I have identified the fake tax preparer, and I have reported the preparer to the IRS and State tax agencies. Today I am going to the police station to make also a report. Since the person is not an enrolled agent, and therefore not registered with my state's Board of Accountancy, they say that I can't report the fake provider there. How do I sue the fake tax preparer pro se? I have been damaged in the amount of tax refunds I did not receive, as well as the amount for a LEGITIMATE tax preparer to re-file my returns. How do I go about this? I am so lost.
  4. New information: Portfolio included the following with the summons: Bill of Sale AffidavitI am waiting for a scan of all of these documents. Will update.
  5. I'm helping my relatives fight Portfolio Recovery in Florida. I am in California. I know nothing about Florida. Here's the deal: Their case management conference in Small Claims in Florida is Tomorrow. My initial advice to my parents was to get the case management conference postponed so they could buy time to work this stuff out. The advice was not heeded, and now their case management conference is tomorrow. Here's what I know: 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No attorney named. This is a 2-page summons to a case management conference. Case number yes, no attorney information provided. 3. How much are you being sued for? APROX 2550.00 4. Who is the original creditor? (if not the Plaintiff) There is no information on either the "settlement offer" letter OR in the summons that mentions who the original creditor is. 5. How do you know you are being sued? (You were served, right?) They were served 6. How were you served? (Mail, In person, Notice on door) in person at their Florida home. 7. Was the service legal as required by your state? I have no idea! Can anyone fill me in as to what legal service of process is in Citrus County, FL? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NO CORRESPONDENCE 9. What state and county do you live in? CITRUS COUNTY, FLORIDA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nobody knows 11. What is the SOL on the debt? To find out: More likely than not still in SOL. 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). Case management conference scheduled for tomorrow 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No disputes to my knowledge. 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 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Case management is tomorrow. 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. One-page notice of a case management conference and a time/place set.
  6. found this for florida: http://www.broward.org/RECORDSTAXESTREASURY/RECORDS/Pages/ForeignJudgments.aspx SO ... does this mean once I get it filed, I can move forward with a bank levy or Notice of Order of Examination (debtor's exam) right away, or that I need to wait 30 days?
  7. I remember way back someone on this forum sent in a truck to physically remove stuff from a JDB's office after winning a judgment. Here's the deal: My business won a small calims judgment against a large multinational company. They lost squarely. We won! Yay! They've been slow to cough up. So, we filed for an Order for Examination -- to force the judgement debtors to show in court. No one has shown up. They're still in business. They're headquartered in another state (Florida), and its a bit unclear as to how to go about enforcing this judgment. Levying their bank accounts is just too nice for BigCorp. They shafted us big time! Due to their being dicks, what are some creative ways (preferably highly visible) of getting BigCorp to cough up?
  8. Got clarity. SoapySuds suing for breach of accord is NOT claim splitting. Why? My small claims action over breach of accord is an entirely separate issue than the lease payments YuckCo had been debiting. Our judgement against YuckCo is SAFE! They failed to show for court, improperly requested a continuance, and attempted to submit evidence which was inadmissable The accord we entered into, was extremely clear about what the accord consisted of, the satisfaction ($$) was provided and not contested at any point, and ultimately, YuckCo agreed to stop collecting against the account from the business or otherwise. When YuckCo later began to call, email, and fax over non-payment of a settled account, they breached our accord that they not engage in that behavior. When YuckCo breached our accord with the business, the breach released all parties from liability. Since there was no contract incumbent on SoapySuds or myself as an individual, YuckCo should not have reported ANYTHING on my credit report after the breach. So there.
  9. My business filed a small claims suit against YuckCo Cable Co to recover incorrectly debited lease payments, after they failed to install our cable, then continued to charge my business, SoapySuds. Because YuckCo had previously accepted a previous agreement to stop debiting us and breached it, we sued in small claims for breach of accord. In the course of filing the small claims case, it came to light that YuckCo had erroneously reported that I was in default on the account on my credit report within the tradelines found on my credit report. (Even though this whole time YuckCo had been auto-debiting payments.) When I found out I notified them in writing CMRRR 8 times. Meanwhile, I was in the middle of making an auto purchase, so this negative info was not helping, and I ultimately paid a higher interest rate and also a huge down payment. I sent an Intent to Sue letter to YuckCo indicating I was prepared to take them to small claims for violation of the Rosenthal Act (California, state version of FDCPA) if they persisted in reporting false info. Eventually, they got rid of the info, but long after (47 days) I had first notified them. Consistent with my ITS, I filed a Rosenthal Act suit against YuckCo, citing the fact they erroneously reported to the credit bureaus I was in bankruptcy. Today, YuckCo sent a threatening letter addressed to me, as an andividual, AND SoapySuds indicating the following: Yuck Co going to sue BOTH the business and myself -- for the amount of the equipment lease (BULLSHIT. They never provided service, I Mailed back their equipment CMRRR! Its going to be hard for them to prove they're not in possession of it.) YuckCo is threatening to write to the auto dealership which sold me (individual) the car to me, inform them that the approval of my auto loan was based on fraud, because their tradeline should have stayed on my credit report because they somehow think I owe them $$ for services I never received and equipment no longer in my possession. Their last sentence on that reads, "Fraud is a serious crime, which we are sure to bring up with your current auto financier, who will likely involve law enforcement." WHAATTHAAFUCK. Regarding today's default, YuckCo intends to file a motion to vacate the default judgement and ask for a new trial AND that my individual and business case be dismissed for "claim splitting."IS THIS REALLY CLAIM SPLITTING? I don't think it is. HELP!!
  10. UPDATE::: I sent in a counter offer, with a new release I drafted myself (thanks Credator!), and a demand for the actual amount in damages + $500. A quick email exchange and they declined and counter-offered, which was not a good counter offer. I'm going to wait this out until court. Since the original posting, I sold more copies. By the time the court date comes round, I'll have made a nice chunk of change. I plan to amend my book (second edition!!) with forms and flowcharts for anyone else suffering with YuckCo the way I have. This forum, and others, have really reaffirmed my rights as a consumer and I hope other readers of my book will use similar tactics against YuckCo and bring them death by 1000 cuts. (OR YuckCo would offer up some decent customer service.... this will never happen.) (YES, I will post a link, after court in August. It is a great read, that anyone involved with YuckCo will appreciate. I am also keenly aware that YuckCo's goons are in this forum, and I don't want to jeopardize the outcome.)
  11. Inspired by my efforts to challenge YuckCo Cable, I decided to publish an ebook retelling my factual experiences with YuckCo Cable company. It's been up for a week. I've sold 31 copies! Yay! ....and then.... YuckCo today sent me a settlement offer with following provision: My main issues with signing this release is that their 'alliance partners' at YuckCo include my bank, and 5 of the 6 largest banks in the country. Additionally, per YuckCo's website, Experian and Equifax are their advertising affiliates. Questions: 1) If I accept their settlement, will I need to take down my ebook that has already published? 2) Can I make a counter offer? If so, any links/posts that can guide on doing so?
  12. Go to the Courthouse on Monday, with your case number, and ask to see the complete court docket for yourself. Bring cash or a credit card, and make sure you make photocopies. (Some courts are pricey, some arent so pricey, but they do charge per page.) Once you're home with your COMPLETE COURT DOCKET COPIES, go through each filing from the very beginning of the case. You should see your previous response included as part of the court record. This will give you a great starting point to figure out your plan of action.
  13. I'm going to wait the 1 week to verify that the thing is 100% removed from my consumer report, then move to dismiss. It SUCKS SO HARD that this is the default mode for operating for these companies. They screw up, then continue to screw up, and once you're nice and roughed up, they cave.
  14. BACKGROUND I am in CaliforniaYuckCo is a company whom I hired to install internet service. They mailed a cablebox, and later failed to send a technician to hook everything up. After 2 months of missed appointments, I wrote in and told them I am not going to pay monthly charges for something I couldn't use and I mailed back their box. (I had never opened the package.) I got new service through AwesomeCable, whose technicians confirmed YuckCo didn't even HAVE service lines in my area to begin with.YuckCo continued to bill me, asserting the cable box was a noncancellable lease.I sent a letter asserting my intent to send a check with a restricted endorsement to settle our charges and end the dispute which was received on January 10. YuckCo cashed my check with restricted endorsement Feb 15th. They continued to send me bills, despite this communication and their performance consistent with the contract established by my previous letter.I, plaintiff served, YuckCo in small claims on behalf of my business, SoapySuds after YuckCo failed to provide services to me and claims the lease on my non-working cablebox/cable delivery unit was "Non-Cancellable Lease" made between YuckCo and myself, and SoapySuds.As of today, YuckCo is in receipt of my small claims suit, as I now have proof of service.UPDATES: YuckCo, since being served, has started to do the right thing and make efforts to remove the tradeline.YuckCo on March 12, told me verbally by phone, and again by letter, that YuckCo would contact all the bureaus and inform them that there is no lease between them and myself, or YuckCo and my business SoapySuds.YuckCo did not do ANY of that. I got copies of my April 12 credit report, and there YuckCo tradeline is still there on my personal credit report.SoapySuds, my business, continues to receive mail from YuckCo, asserting that there are payments due.I have sued YuckCo as an INDIVIDUAL (violation of California's credit reporting act) AND as a business (breach of contract)I have notified the credit bureaus on a monthly basis that this tradeline is not mine and should be removed.Today, YuckCo faxed me another letter asserting they have removed the incorrect info. QUESTIONS Should I take Equifax to court in California small claims over their repeated reporting of incorrect info, despite that I notified Equifax 8 times that it was false AND YuckCo apparently notified them in writing 3 times that the TL should be removed? (using California's Rosenthal Act) Can I add $$ to the existing Small Claims actions against YuckCo because they've cost me additonal $$ for postage and time off of work?