DaFish

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Everything posted by DaFish

  1. File that MC-010 form and get your costs back! Just rubs the sh*t a little more in their face. Thats what I did and i think that pissed them off more then a Pro Per whupping them in court....Great job!
  2. I disputed it and it shows on the report. The Underwrtier doesn't seem concerned about CACH as much as B of A.
  3. Thanks BV80! DV was sent to CACH on the initial contact (and within 30 days). I figured that because I requested JAMS arbitration on the DV (per this website), they gave up. Can I ask BofA to remove their report (on a whim that they might do it??) The BofA thing is tripping me up more then the CACH thing.....
  4. First, thanks to all for any help here. I am trying to buy a house. The following are a stumbling block for me on my CR's: A report from CACH LLC re; a Wells Fargo debt they purchased (amount $8,000). I sent a DV letter over 2 years ago with no response. Last payment made on account 07/2011. Also a BofA CC acc't shown to be charged off. (amount $25,000) last payment made 08/2009, beyond the SOL for the state of California. Any suggestions? Should CACH have reported this debt to the CR when they haven't proved ownership of the debt? Should BofA remove this because of the SOL? Thanks again!
  5. so maybe this is a FDCPA 807 (5) infraction?? 807 A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
  6. So this JDB lawyer no shows in court and I get a dismissal. Now with the help of some of the California folks on this forum, I'm trying to get my $300 back for costs. Got a judgment from the court and everything (it's been over 3 months) Rec'd a call today from the lawyer saying (and I quote) " ....if you don't walk away from the $300 he will have his client go vacate the supposed judgement that you recieved (dismissed without prejudice) and put the lawsuit back on calender and retry the matter". Now it's up to you, do you want to walk away from the alledged costs or do want to go thru trial and have to pay the full amount?.....". What do you think? Can they do that? Should I walk away?
  7. Just checked my Credit Report on Experian and Midland has posted a delinquet account on 04/23/13, this after I whupped them in court on 05/07/11 (dismissed in my favor with costs)! Same account. Is this a FDCPA violation? What do I do? I didputed with Experian online.
  8. Here is a link from ASTMedic, very informative. Helped me. CACH, Midland...same thing. how-i-beat-midland-in-california
  9. Yeah, sometimes I get pretty full of myself....I will be more careful. I just get so riled when I see all of these folks that are in the same boat as me being stomped on because we were victims of circumstance. I'm not a flake. I have had perfect credit my whole life until 2008 when it all went to hell. Heck, I hate having a debit card, but it's a neccesity. I will never, ever have a card, or an auto loan and if I can help it, a mortgage with a bank.....I will do business with my Credit Union, but very carefully....
  10. I guess I just wanted to get out of there. I hope they try to refile, because they, like all of the other JDB's had no case and I was ready to rock their world!
  11. Judge issued them. Thats what happened. Dismissal without prejudice.......Memorandum Filed!!
  12. In California, What happens when a judge issues a SANCTIONS FOR FAILURE TO APPEAR against the lawyers who didn't show up for my hearing 2 days in a row? He dismissed my case on the second day. Are there fines, etc?
  13. In California, They are supposed to make the affiant available to you during a time period prior to the hearing, within a specific distance from the court. I picked the one closest to me and served 11 days out, of course she wasn't there and no one had even heard of her, heck they wouldn't even let my server in the front door, the racist bastards! Object to everything, especially the Bill of Sale and the Declaration in lieu of Testimony! Hearsay! Very important that your "ducks are all in a row" when having a subpoena served on the affiant. My judge threw mine out because the info on the subpoena didn't reference the case (still can't figure that one out, because I thought it did, every judge is different), but the judge turned right around and tossed the "bill of sale" because my name or account number wasn't on it And dismissed the judgement in my favor, with prejudice!
  14. Filed my Memorandum of Costs on Friday, let's see how long it'll take these guys to pay up.....Midland was about 45 days.
  15. ASTMedic, I don't know that. I will say, if they want to go rounds with me again, BRING IT! I am prepared, thanks to the kind folks on this website!
  16. Well the folks at Prober&Raphael (Nationwide Credit Services) decided not to show up 2 days in a row, so the judge dismissed without prejudice. Question, can I still file a memorandum of costs? Thanks to Calawyer, Seadragon, Coltfan, BV80, VLDCA, Mommamia, etc (too many to list) for helping me stand up to these guys!