caramia1225

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About caramia1225

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  1. The judgement that they are looking for is over $200K and the car has a Kelly BV of $25k. In your experience is that something you think they would go to the trouble of going after?
  2. I wrote in my thread that I am in touch with my husband so it will be filed by him. I am just the one with more experience with these things so I am doing it. I just really need advise / assistance on how to get the two objectives above done. I appreciate the encouragement but the courts do not care about my empowerment and there is no room for emotions here. I just need to get a job done. Thanks so much to you guys for responding.
  3. usctrojanalum, thanks very much for your feedback. Thing is, I have finally gotten in touch with my husband this morning. Since we are still legally married and a judgement will no doubt effect me, it is my problem too, so I need to protect myself and would like to help him as well since he did not know about this. I have spoken to a few lawyers and came up with what I think I must do to buy time and make things more difficult. Don't have funds to have a lawyer do it, so figuring out how I can do myself. I posted here asking for assistance... http://www.creditinfocenter.com/community/topic/325
  4. Hi All, I posted in another thread about my situation ( http://www.creditinfocenter.com/community/topic/325111-improper-service-and-lack-of-personal-jurisdication-defenses-in-ca/) . In a nut shell, my husband has been named as a defendant in a copyright case in CA and we reside in FL. He has not answered the complaint because we were separated and he was unaware of the case. Therefore, since he did not answer he has been found in default and there is a hearing scheduled to get a default judgement in a couple of weeks. I do not have funds to pay an attorney, however, I have gotten some legal
  5. Helping Greg, thanks for your feedback, you make it sound so easy and I wish that it was, but I do believe that the court will not care since it was delivered to his legal residence as Clydesmom and Bassplayr said. Thank you Clydesmom and Bassplayer, so much appreciated. Bassplayer, I will respond in PM as well. Yes, Florida is not a community property state. We also have something called tenants by the entirety that anything acquired after marriage is owned by both spouses and can not be separated. The only exceptions I believe are motorvehicles. So, my understanding is that a judgement cre
  6. Hi All, I'm in a bit of a sticky situation with little funds to pay a lawyer. I have fought and won collections agencies before, but this is something different. A few months ago, a process server came to my door asking for a "John Doe". This John Doe was one of several defendants on a lawsuit from California, I reside in Florida. Now, I noticed that the case named my husband as one of the defendants ( he is not the John Doe they asked for) and the plaintiff claimed that the defendants violated their copyright selling certain goods online. I happened to have a man working on some home repa
  7. On the note of BK... That was a consideration of mine a while back, but it did not make sense because all of my debts were pretty old. It wound up that the BK would stay on my credit report longer than if I just let the time period on the debts expire. There were two creditors pursuing me, but I elected to fight them. One is settled and the other is close to a conclusion now. So, if I had went ahead and filed the BK, I would have effectively reset the clocks on all those old debts remaining on my credit report, plus have the BK ding. I think that may be something people sometimes overlook wh
  8. Thanks for name of the instructions. Yes, I would never imagine that anything with the IRS is ever simple...lol Just want to be very careful to fill out their forms correctly with everything they ask for. Certainly don't want to risk audit either. Actually, risk of a true audit is extremely low, but screwing up the paperwork on filing this form can cause a big mess.
  9. Hey, thank you all for your input and information. As far as a strategy to fight this? I am looking into not fighting the actual 1099c, which is probably a losing battle. Once the IRS has this filed by the creditor, they are looking for it from you, and tangling with them is not the way to go IMO. I just found out about possibly filing an IRS form 982 with the 1099c. It is my understanding so far that this form exempts you from paying tax on the 1099c amount if you are insolvent ( amount of your liabilities exceed your assets ). Here is the IRS link http://www.irs.gov/uac/Form-982,-Red
  10. Hi All, I have an old debt with Capone that has been in collection for a while. Just received a 1099C like they forgave the debt. I have never spoken to Capone or any of the collectors they transferred the debt to. My credit report shows that this account was closed 10/2009 and "charged off as bad debt". I have a collection letter from a third party for this account dated 11/2010. How can Capone now just out of the blue issue me a 1099C for 2012? Can they do that? About to do some research, but wanted to see if anyone has experience with this.
  11. Hi daherc, Thanks for your suggestion. I received advice to first dispute my name, address, and employer info, then hit them with all creditor disputes at once because they only having thirty days to verify all. I wouldn't post diamonddan's PM without his permission. If he wanted it on the board maybe he would have just posted it. So maybe PM him and ask his advice. From what I read about the e-Oscar system, it sounds like they just generalize your dispute down to a general 2 digit code and if the reporting agency has at least one word or piece of info matching the listing then they report it
  12. Hi all, I have been through a bunch of the great resources and threads on this site. I have 12 derogatory items on my credit report consisting of the following: 10 - Revolving credit card accounts - all charged off 2 - Collection agencies - both duplicates of the revolving credit card accounts From what I have read, my first step should be to dispute all with the CRA's. I have two questions: 1) I ordered my 3 in 1 credit report to get all my info. Is this okay? I have seen posters on the board say that you are better off getting each individual report because it has more information. 2) How do
  13. Already tried the arbitration route, judge denied. They are very strict here in Florida about waiving your rights to arbitration if you so much as even answer the complaint. I did not know any better when I originally answered, so when I tried to compel Arb, the judge denied because I "participated" in the case...lol. Yeah, the fees for a lawyer to handle this case would be the same or more for me to settle it for what I actually owe. I was going to negotiate myself, but I think I do have some good violations to go after. I received a recommendation for a lawyer at this website from a board m
  14. Okay, so let me ask you Bruno... If they originally brought the case for $14k, and now in the middle of it they admitted that $12,500 was fraud and $1,000 was interest, leaving me my $1,063 actual balance.... can't they just ammend their complaint and adjust the total they are seeking? No matter what, it looks like I'll have to pay what I owe... $1,063. Even if I handle this myself, I'll have to pay that much. And even if they reinstate my account, they can cancel it at any time for any reason they want, so as I would like my account back, it'snot that big of a deal to me. But if I get an atto
  15. Thank you Seadragon and Bruno, All good advice. Much appreciated! Yeah, the credit card statements prove that my balance before the fraud occurred was $1063. They show a history of my paying my bill on time every month for over 3 1/2 years before the fraud. At this point, the fact that Amex NOW reversed the fraud charges just shows their guilt. If they wanted to defend themselves saying I never reported the fraud or they did a proper investigation the first time it was reported...well, by reversing the charges now totally blew any kind of defense like that out of the water. Now their lawyers a