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Everything posted by caramia1225

  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/325116-need-to-file-two-motions-in-ca-need-help-with-template-and-procedure/
  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 advice on what I need to do and need assistance in carrying it out. 1) I must file a motion with the California court to first set aside the default. As it was explained to me, since the process server just dropped the papers in my mailbox at this point we can challenge the service as improper even though this is listed as his legal residence. My understanding is that at this point, his not answering can still be considered " excusable neglect" and we can at least get the default set aside. So, I have fought cases in FL, but know nothing about CA procedures or how I can get a properly formatted template to file in CA for this, or even exactly what I need to say. 2) After succeeding in getting the default set aside, then we can file a motion to dismiss based on lack of personal jurisdiction which should be pretty black and white. Thing is, same as above, I need assistance on CA procedures and getting a proper template and perhaps even case law? Not sure. If anyone can assist with this, or even offer contacts to a free legal service that may be able to help with the paperwork that would really be invaluable at this time. In a bad spot financially but MUST get this done. Thanks All
  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 creditor against one spouse can not come after assets of the other spouse except for a jointly owned car unless the car is titled "spouse1 AND spouse2". If it says "spouse1 OR spouse2", then they can take it. Good news is that my husband finally called this morning so now I have a hold of him to answer this complaint....whewwwww. I just hope it's not too late. They have a default judgement hearing set for the end of the month and I thought he only had a certain amount of time to answer the complaint and that time passed. Not sure how that works. Okay, so the plan will address two aspects, first filing an answer to the complaint challenging the service and jurisdiction. Then I need to protect my interest in assets. I spoke to an asset protection specialists for a free consult and he confirmed what I had asked him. To make sure that my husband has no money in a bank account in his name. Our joint bank account is SUPPOSED to be protected as tenants by the entirety, but don't trust the bank to do the right thing when presented with the judgement by the creditor. So, I will move all funds into a bank account only in my name. Do it in a way where I take the cash out ( it's not much ) and re-deposit, not transfer with a paper trail. The house is in my name only and protected by the homestead exemption here in Florida anyway ( it's also completely underwater - mortgage owed is more than the property value ), so no issues there. The only thing that is vulnerable is his car and my car. The asset protection specialist I spoke to said that he has rarely seen a judgement creditor go after a vehicle unless it's something really expensive like a Lambo, or collectable, etc. But, I am not sure if I believe that. One car only has a 2k book value and is improperly titled as "spouse1 OR spouse2" and the other has a BV of about $25k and is only in my husband's name. I was planning to put a lien on my husband's car since all the money to buy it came from me. It would be hard to prove that paper trail if I had to, it's kind of convoluted, but it will make them have to go through the time and expense of challenging the conveyance if they want to try and take it. I can also then change the title of both cars to "spouse1 AND spouse2", to put another block in place that they would have to challenge. If we had the funds, I would merely sell the cars to a "friendly" third party for the market price, which would pretty much be unchallegable, but unfortunately we don't have any friends with that kind of cash and we don't have it either to show the paper trail. Now, I have very limited funds right now to pay a lawyer to file these papers ( I just lost my job a week ago - when it rains it pours! ). And I don't have a clue about CA rules. I have started going through CA rules of procedure but can't afford to make a simple mistake. Any guidance on filing or opinion about the asset protection strategies? I need a template for filing in CA for jurisdication and service and how exactly I need to file it in CA if I can't afford a lawyer. Going to go through the courts website today to gather as much info as I can.
  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 repairs that day and the process server spoke to him and gave him the papers, not me, but I overheard the whole conversation. By the time I went outside to investigate, the guy was already in his car and drove away. I have been separated from my husband for several months before this happened and still have not been able to get in touch with him. We were not on speaking terms for some time and now I am trying to let him know about this. As far as I know, my husband has no idea that this is going on. I am not named in the case, just my husband. Even though we are separated, we are still legally married. They have been sending all the court papers here since and filed for a default judgement on my husband to be heard in a few weeks. I have to see if I can do something to at least stop the default until I can get in touch with my husband and he can properly defend himself. I was thinking that I could file something with the California court claiming improper service. I know nothing about CA laws, so not sure what constitutes proper service. This is still his legal residence, but he is not here and he never received anything. I would be willing to file an affidavit with the court that he has not been here and I can not get in touch with him, but not sure if CA courts would care or if I can file anything since I am not party to the case. In addition to that, I believe that California would not have personal jurisdication to hear the case as my husband has no connections to CA and he has never done business there. In all the paperwork I see that they filed, I do not see any proof that he did any business there. Even if he sold something online to a customer who resided in CA, would that matter? But like I said, they presented all their proof to the court and I don't see anything claiming that. They just say that they have personal jurisdication as a matter of fact. Any suggestions would be greatly appreciated. My goal is really just to put a stop to the default and make them have to bring the case to Florida if they want to persue it.
  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 when declaring BK... the age of their debts and if it makes sense. To me, the only time you should declare BK, is if you are getting very close to having a judgement against you and you have things to protect. Otherwise, it doesn't seem to make any sense to declare BK.. all the expense and hassle and resetting clock on the debts appearing on your report, and the BK ding. When you can just let the debts sit there for 7 years and then get them taken off. For example... I have debts 5 years old. No one is coming after me because after SOL. I can get them off my report in 2 years. But if I declare BK on them.... Now I just parked them on my credit report for a new 10 years!
  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,-Reduction-of-Tax-Attributes-Due-to-Discharge-of-Indebtedness-(and-Section-1082-Basis-Adjustment) If this link does not work ( I was having problems with it ) just google "IRS form 982" and it will come up in search. I am still looking into how to properly use it. I am certainly in a financial situation where I would be considered insolvent. I imagine many others who have received a 1099c on the board are too. That's one way to get rid of this thing. Will post the info I come up with on using this.
  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 as verified. Also, if you include multiple disputes in one letter, then only one item might get picked up to even verify at all. I am still unclear on whether that is a good thing or a bad thing and have not been able to get an answer. I mean, if you send one letter with all 12 disputes, and it only verifies the first and ignores the other 11, then they don’t meet their 30 day limit on those 11. So then do they have to remove them if they don’t meet the deadline? I also read on this site to first hit them with the “it’s not mine” dispute, then as they come back verified, keep sending a dispute for another reason, then another, until one comes back “unverified”. I am trying to devise my strategy, but just have not been able to get enough information to form a detailed plan yet. I read the advice on this board, but there is not enough detail to answer these questions. I guess the sending disputes over and over until one sticks makes sense, it’s just the part about whether to send them all in one letter, separate letters, or what, that is confusing to me. If anyone reading this can offer any info on strategy, please chime in. Thanks!
  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 I format my disputes? Do I send them all at once? Separate letter for each or all in same letter? Send all in same envelope? This may seem silly, but I do not know if I say "account is not mine" for all 12 in the same letter or multiple letters in one envelope that it will seem frivoluos. Thanks!
  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 member here. This lawyer apparently goes after violations exclusively on a fee contingent basis (collectionstopper.com). I contacted this guy last night and forwarded my stuff this morning before I contact Zwicker myself. I'll see what he has to say. I looked him up on the Florida bar association website and he he seems legit. Anyway, I'll see what he has to say.
  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 attorney then I may be able to get a cash settlement against them. That's what I was thinking.
  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 are still harrassing me for the valid amount, the interest and fees on the fraud that have not been removed, plus their court costs, which is even further evidence of their mishandling of this whole thing. At this point, I am going to contact an attorney I consulted with earlier this year. He came highly recommended by another attorney friend of mine and these credt cases are his specialty. I was going to try and do this on my own. I did successfully bring a conclusion to a JDB case this month that I was fighting pro se for about 2 1/2 years, but I think this may be out of my league as far as the time and research it will take someone like me with really no legal knowlegde. Plus, I understand they won't take a lot of what a pro se threatens seriously.
  16. Well, that may not be the exact correct jargon, but just googling that phrase plus Florida is bringing up a lot of helpful stuff that I was not finding before....so thank you!
  17. usagi555, Thanks so much for your advice and the resource links. Yeah, I have been fighting a couple cases for a while now and think I have been through my rules 100's of times, yet some answers are just not there. One of the things that I did not know was how to state that the case is now in the wrong court... " The court lacks subject matter jurisdiction" is very helpful. Thank you
  18. Hi All, I am in the midst of defending myself against American Express, represented by Zwicker & Associates in Florida. Here are the short facts of this matter: 1) Fraudulent charges in the amount of $12,500 were made to my card. 2) I promptly reported the invalid charges. 3) Amex mishandled the claim and refused to remove the charges. 4) Amex tacked on interest and fees to this invalid amount and subsequently hired Zwicker to sue me. 5) I was sued in civil court ( local rules require suit amount between $5,000 - $15,000 for this venue). 6) This time, when I informed Zwicker in front of the judge that the amount sued for was reported as fraud, Zwicker had Amex contact me directly. 7) After two months of phonecalls, Amex removed the actual dollar amount of the fraudulent charges and assured me the interest and fees would be removed within 30 days. 8) 60 days later, the interest and fees have not been removed and Zwicker just sent me a letter threatening further litigation if I don't pay the adjusted balance. ( A balance of which now consists of the interest and fees accumulated on the fraudulent charges and have still not been removed from my account). 9) The adjusted amount that Zwicker is now asking for is under $5,000 which local rules require be heard in Small Claims Court. I have already written a pretty good response to Zwicker threatening to sue them for the multiple FDCPA and FTCB violations and demanding voluntay dismissal with prejudice. As I imagine, the right hand does not know what the left hand is doing as it would be pretty brazen to continue suing me for interest and fees on fraudulent charges. Meanwhile, Zwicker filed a "Notice of Cause at Issue" telling the court that all motions have been disposed of and requesting date for a trial. So..... I have to file something here to protect myself should Zwicker try and move ahead despite my letter. First, I will definitely file a Motion to Dismiss with Prejudice based on the facts previously stated, including that the case is now in the wrong venue, under $5,000. My concerns here is I hope my MTD is not too late. I just received the notice today asking the court for a trial date and I will be sending out my MTD on Monday. I do not know if the judge can say it's too late to file another motion. Second, I am thinking I will file an Opposition to the Plaintiff's Notice of Cause at Issue. That a trial should not be set in this venue because it is admittedly now under $5,000 that the Plaintiff is looking to collect. The thing is, I can not find anything on such a situation. Anything about "venue" always talks about proper location, so I am not even sure how to state this. Any ideas?
  19. LOL..Right! I was just thinking that Moe, and those like him, who choose to make their living this way, are doing what they do because they are not good enough to go out and play with the REAL lawyers.
  20. Thanks for the info usagi. Yeah, I guess when Moe told me to stop trying to be an attorney, I should have told him to go look up the definition of pro se! And clearly Moe, you are NOT a good attorney, because this pro se has blocked you from collecting a judgment for over a year and a half, with no legal background or experience whatsoever!
  21. Thanks Seadragon, Yeah, I have not had the opportunity to look up the rule yet. I could not find anything about recording the depo in Florida anywhere beforehand, I must be missing something. Not sure if this is a "one party" state. I am not familiar with the term.
  22. Glad you like the post coltfan... I thought you guys would get a good kick out of it! "“Ms. Caramia, you are NOT an attorney, stop trying to be one, and answer the question!” I'll stop acting like an attorney when you start acting like one. The fact I'm not the usual push over you are used to dealing with is not my problem. And I am an attorney. I'm pro se, which means acting as my own "attorney" You picked this fight, not me. I'm just the one that's going to finish it. " I love that... wish I would have thought of it.
  23. Hey everyone, Okay...went to the depo yesterday afternoon. First, I want to thank everyone here for their input, assistance, and support... you are all awesome! Using everything I gleaned here, plus my own research, I was OVER prepared to give this JDB attorney a hard time. I was so cool, calm, and collected. That's what happens when you are over prepared I guess. I anticipated everything this guy was gonna try, and he did not trick me on anything... he definitely got a bit frustrated at a couple of points. He did not show up in person, he attended by phone. He had a few exhibits there to ask me questions about. The first thing that happened is that as soon as the reporter started to record the dialogue, I stated that I was going to audio record the deposition as well on my digital recorder for use in my “read & sign” of the transcript. I had told the reporter beforehand and she was fine with it, but when I told the JDB attorney ( who I will refer to as Moe for the rest of this post ) I was going to record, he had a cow. He started spewing off how I was not allowed to do that. And I told him that unless he can tell me the rule that says I can’t, then I was going to record. I had found in the Fed Rules of Civil Procedures that it was explicitly stated that I had a right to record without anyone else agreeing, but I could not find anything for Florida saying whether I could or not. He went off, saying that in Florida it was a crime to record if he did not agree. I said, "okay, could you please tell me where I can find that rule?" He said, he could not quote the rule# but it does exist. I knew he was bull@!%&ing me, but I decided to pick my battles and back down on the recording because it was not important to me. In addition, I was thinking maybe I could get him in trouble for lying to me, and as a result I was denied my right to record. So, I said on the record, that "I am not recording only because Moe is telling me that although Federal Rules of Procedure state that I may record, that Moe is objecting and telling me in his capacity as a Professional Attorney that I will be committing a crime if I do, and I will look for this rule after the deposition and make Moe accountable should he be lying." ( my husband says I should have stuck to my guns and recorded anyway if Moe could not quote the rule…maybe so. The reasoning would be that Moe does this all the time and should know that rule or be able to come up with it right there, otherwise he is lying ). The next thing that happened was that Moe started by advising me of my rights. You should have heard this load of B.S.. Saying that I have been court ordered to answer his questions, that I could be held in contempt of court if I don’t, and I could object to a question only if it was about privileged information, and that I could NOT object on any other grounds like something being irrelevant… LMAO!!! Well, to this, I responded with a statement I had prepared to read so he knew right off that he could not push me around… It went like this… “I would like to state on the record before we begin, that I object to the taking of this deposition as the Plaintiff lacked standing to bring this claim, and has yet to produce evidence to establish standing according to Florida Rules of Evidence. I am here today, and will answer questions to the best of my knowledge, because I have been ordered to do so by the court. I will not answer questions outside the scope of discovery outlined in Florida Civil Rules of Procedure 1.280 including questions concerning privileged information, questions not relevant to the discovery of admissible evidence, or questions requiring disclosure of my opinions, mental impressions, legal theories, or speculation. Having that said, I am now ready to proceed with your questions, Moe” He made no comment at all, just went into his first question. First thing he did was go through the documents he asked me to bring one by one to see if I had brought them. I was not in possession of the documents or they were documents he had just as much access to as I did. So, that was the answer for all of those. For my bank statements? I said the bank I named in discovery for the time period requested is now defunct, and I called the bank who took them over and they told me those old statements from the previous bank were no longer available. In addition, Moe was granted a subpoena for that bank, so if there was records to get, he should have gotten them. He made no comment to all. Then he asked me to look at the credit card statements that he filed. His big thing, which has been from the first hearing, was trying to connect me with the statements merely because my name and address was on them and confirming that I receive mail at my house. That’s his big connection. Then he started going through charges on the account one by one asking me if I made charges to these places… Answers to everything was "I don’t recall." He kept referring to the statements as “your credit card account”, and I corrected him every time before answering that "I have not said that these are my credit card statements, and it had not been established that these statements are related in anyway to my credit card I had with the issuer which was paid in full.” After about 20 questions about different charges and payments on the account and 20 “I don’t recalls” in response… He started trying things like “do you know the store Target?” for example. I took about 5 – 10 seconds to think about my response and to each of these I answered “ I am aware of the existence of the store named Target”. Then he would continue asking, “have you shopped at Target in the past 5 years?”, to which all answers were “I don’t recall.” Then at one point he got annoyed and said “do you remember ANYTHING you did in December of 2008?”. To which I said “ Well, I would be hard pressed to remember the details of anything I did during a particular month over 3 years ago.” Then he tried the “ Well, have you EVER shopped at Target?”, to which I said “yes”… Then he tried the “So, is it POSSIBLE you shopped there in the past 5 years?” To which I answered “Since I cannot remember, any other answer would be a guess, and speculation would not be proper” He tried variations of this over and over…To which my answers did not give up ANYTHING. Then he was asking me who my cable company was at that time of the statements… “I don’t recall”… Then he would ask…”Well, who is your cable company now?” To which I objected on the grounds that it is outside the scope of discovery as irrelevant and not formulated to lead to the discovery of admissible evidence”. He got very agitated at this and said, “yes, it is relevant, and you cannot object, you must answer.” To which I said..”Well, Moe, if you can explain to me how your knowing my current cable provider will lead you to admissible evidence in this case I will CONSIDER answering the question”… “To which he raised his voice saying “Ms. Caramia, you are NOT an attorney, stop trying to be one, and answer the question!” To which I calmly, and pleasantly responded “ Moe, I will not be badgered or bullied into answering a question. My objection stands. Whoever I currently have as a cable provider has no value in connecting me to who I had as a cable provider 4 years ago”. Each time I objected to a question on these grounds, which there were only 2 I believe, he told the court reporter some kind of notation to make. I cannot remember what he called it, but obviously it was to complain to the judge. Then there were other questions that he asked multiple times rephrased different ways, to which I caught him on over and over again..He became annoyed at that too, saying that he “ …did not ask that question before, it was a different question”. To which I responded each time by repeating the previous question he asked that was the same, and telling him it was just worded differently. He was trying so many angles to try and get me to admit to something… Calling things “your statements”, “your invoice”, “your email address”…. Picking these things up off of documents he had… and I corrected him on every one before answering, stating for the record that “I never said that was MY invoice”, or “I have not stated nor has it been established that that is my email address” etc… then I would proceed with my “I don’t know” answer after that disclaimer. The whole thing lasted about an hour. And at the end, he told the court reporter that he was not sure if he was going to order a transcript. All in all, I was very pleased with my performance, and my goal of him leaving with jack squat was achieved!! I hope posting these details will help others anticipate what might be asked of them and how they might answer. I was wondering though, if Moe could be held accountable for the lies he told to try and mislead me concerning my rights… I know he has an obligation to advise me of my rights, so is there any repercussions for him lying about them? Especially if it resulted in the denial of my rights? I would love if I could burn his a@$#.. but, I expect they do that stuff all the time and nothing happens to them. Any ideas?
  24. Thanks Coltfan... that's my opinion too. I just want to make sure I am justified in not producing them.
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