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Everything posted by kb917

  1. I would try to make the payments sooner, then find out if you can get it finalized by 12/31. You will get the 1099-C for whatever year you are incurring the forgiveness, so it may roll into 2013. Even so, the forgiveness may still roll over...who knows if Obama will extend it if he is still in office. It was supposed to only go through 2011, then we got lucky and got another extension for 2012. My mod on my first is complete 11/1, so hopefully Chase gets their poop together and gets it finalized prior to year end. I don't want that kind of bill next year. I am sure they will be reducing principal, based on the trial payment (it is a HAMP mod, they are required to not extend the life of the loan past 30 years). Good luck to you!
  2. I wanted to share with some of you, who may be feeling discouraged, that I have been trying to get a modification through Chase (1st) and B of A (2nd) for the past two years. Chase: We were 'approved' for a terrible modification once; the payment was lower by a laughable amount and they wanted us to sign a forbearance agreement. I feel bad for the folks who don't know mortgage terminology because that's what the lenders count on. Good thing I knew what a forbearance was! I said 'no thank you' and we tried to scrape together enough to continue making our payments. We couldn't, and ended up getting a lawyer. This was the best $1,500 we spent. I know I could have done it again on my own, but I will tell you, from experience, lenders are much more cooperative with attorneys than borrowers. Anyway, we had to stop paying, blah, blah. We were denied our first mod because they calculated our income incorrectly. Then, we received a call from Chase corporate, apologizing for their error, and instructing us to NOT ACCEPT the modification and to re-apply. So, we did. We were denied on this attempt as well. Would you like to guess the reason? BECAUSE WE DIDN'T MAKE OUR TRIAL PAYMENTS ON THE FIRST MODIFICATION. Seriously? They TOLD US not to! Our lawyer had never seen Chase screw up so poorly. Just when we were starting to get quite discouraged, almost two years into the process, somehow...we were approved. After threatening Chase with litigation, they finally came through. And the best news came today: B of A has decided to forgive our second - COMPLETELY. That is over $100K in debt savings. I am thrilled with our results. We are still in the trial portion of the Chase mod, but things are looking up. Just wanted to share and say thank you to everyone's contributions to this forum. Opinions and information are INVALUABLE. DON'T GIVE UP!!! THAT'S WHAT THEY WANT YOU TO DO!
  3. No, it is for account stated, open book account and money due for goods sold/delivered. No breach of contract stated.
  4. Chase has been forced to halt credit card lawsuits. I had one with them and like you said, *poof*, it was dismissed without prejudice. I would suggest, before calling anyone, make a budget of what you can afford to pay everyone maximum. Then, offer in writing, a lower amount by about 15-20%. Then when they counter, you can still have some room to wiggle. Go in low, you have nothing to lose. I settled two credit cards for 40-50%, but they wouldn't even work with me until I was late. Which also meant tons of annoying calls. I just created ring tones for them so I knew I could ignore them. Then when I was 3 months behind, they wanted to talk about settling. Just be prepared, not everyone will settle. Chase may, since they don't have much of a leg to stand on right now with the lawsuits (unless something has changed recently). Be honest and open with all of them...and try to remain unemotional. It never helps. Good luck.
  5. I had almost an identical account. 29K, stopped paying because they jacked the rate up so high (their 'best' market rate), that I couldn't afford the payment. We tried to settle with AMEX directly - no luck. Then it went to NCO. We were making the payments like agreed to NCO and out of nowhere, they switched on us AGAIN. New collection agency, new DV letter. They didn't respond, so we tried AMEX and they wouldn't speak with us because our account had been moved to 'legal department'. We were doing exactly what they asked...why couldn't they work with us? Then, we got a letter from Zwicker and Associates that we were being sued. In my experience, AMEX does not sell their debt. They hire outside agencies to collect for them, but the account never leaves AMEX's books. Definitely try to settle, but keep in mind that this company is one of the oldest out there, and they are RUTHLESS in collection. I think these agencies must get a portion of what they collect from the debtor on AMEX's behalf, which is how the account still stays with AMEX. You do not want to go to court with these guys. They have a million peons that do nothing but inundate you with paperwork. I am sure they will laugh at 18% of $29K, but I hope they don't. Good luck.
  6. I don't really know, lol. I just didn't know if it was possible, once they found out I might file for BK, for them to file some kind of motion to move up the date of the hearing. If they get the judgement prior to my filing BK, they have more power to get the full amount.
  7. Well, they filed for a MSJ. My options are pretty slim. Does anyone know if they can file a motion to 'speed up' the MSJ hearing? I would like to call them, tell them that I can settle with them for 40%, payable in 3 payments. If they laugh, I will tell them that I have no other option other than file BK. I have very little disposable income, so wage garnishment would take FOREVER in order to satisfy the judgement. They can try to levy the bank account, but I can get around that. Also, they can place a lien on my property, but since there is no equity and I am not going ANYWHERE, the lien will probably have the chance to expire. Any thoughts on them being able to speed up the MSJ hearing? I am not sure I want to reveal the intent to file BK if they can. Any input appreciated. Thanks!
  8. I am trying to avoid filing bk at all costs. I know I will probably lose my case as the plaintiff has filed for MSJ. I figured the judgement would go to either a bank levy, wage garnishment or property lien. The bank levy scared me more than the others...so I had no idea about being able to change the bank accounts. I wonder if I do this prior to them being awarded a judgement, I would be way ahead of the game? Hmm.... Who mandates how they enforce their judgement? The court? If the bank levy doesn't satisfy their award, do they just keep throwing darts until something sticks???
  9. I sent out a bill of particulars three days ago - no way they have received and responded so quickly. I got a lovely 15-pound stack of statements and an 'amended' card agreement today, along with the Motion for Summary Judgement from the OC's lawyers. I am trying to stay positive, but they really have a lot here. Nothing signed, of course, but it doesn't appear that here in California that a signed contract is a requirement. Does anyone have advice on what steps I can still take? I am not opposed to filing BK, I just wasn't particularly keen on that route. Is it too late for arbitration? If so, would a judge ever lower the amount to be paid to the creditor as part of his decision? Thanks.
  10. Hi there, I tried to message Jewel, but I don't think she is accessing this board anymore. I am looking for a Bill of Particulars form, if you have one. Thanks!!!
  11. It is for over $25,000, which in CA is the reason it is in Civil Unlimited Court. I have been dealing with this case for close to a year now, and the trial date has been set for early December. I will see if CA Lawyer knows what's best. Thanks again!
  12. Hi LeagleEagle... Yes, I did - thank you. The problem is that this is an unlimited civil, so the CCP96 doesn't apply. CCP98 - if I understand it correctly, is written testimony in lieu of appearing, correct? Not sure how that applies - can you explain why you'd recommend it (if that's what you are doing)? I am pretty new at this, and appreciate everyone's valuable input. Wish there was an instruction manual.
  13. This isn't a JDB, but a law firm for the OC. Wouldn't a BOP serve better in a JDB case? Although, when I was scrolling through some other posts, I saw something that really caught my eye. It was a reference to case law, that stated: "Even though the code authorizes a demand for a bill of particulars in an action “on an account,” it is not available in an action on an account stated. Distefano v. Hall, (1963) 218 Cal. App. 2d 657, 677. An account stated is a new agreement by the parties which supersedes the original contract and account. Jones v. Wilton, (1938) 10 Cal. 2d 493, 498 . Any action on it is therefore based on only the final balance agreed on by the parties and not on the original individual items of account. Hallford v. Baird, (1938) 27 Cal. App. 2d 384, 398. Therefore, itemization of the account is not possible. If the information furnished is deemed too general or incomplete, the defendant may make a noticed motion for a further bill of particulars Burton v. Santa Barbara Nat’l Bank (1966) 247 Cal.App. 2d 427, 433. If plaintiff delivers no bill of particulars, the court may bar plaintiff from introducing evidence at trial in support of the account claimed if the defendant makes a motion." I find the portion that I denoted in BOLD to be quite interesting. This suit against me is for an 'account stated'. So, if I ask them for the BOP, is it moot?
  14. I am sending a demand for production of docs. I read a post on here that recommended asking for as little as possible during discovery, ie, 'please provide any and all documents you plan to use in court as evidence.' I am thinking of using this strategy, as nothing was provided in original complaint - no affadavit, no statements, no contract, etc. Just a blanket complaint. Hoping they didn't provide initially because they don't actually have it. The judge has been pro-debtor in the past, and at the case mgmt hearing, he recommended that both parties 'try to work this out' outside of court. I have contacted the attorney via mail and phone, requesting a meeting, and haven't heard back. I figure, the burden is on them, I have done what the judge asked...they haven't. Hoping this might sway SOMEWHAT in my favor. Do I need to have this in a special format, or just a formal letter? Thanks.
  15. Hi all - I am about to conduct discovery and am not sure if there is a special format that the discovery requests need to be in. I checked my state's (CA) court forms and the only forms that are there are for limited civil - mine is unlimited. Do I basically list my demands / questions in a letter format? Please help - need to send out prior to week's end. AND - I do need to send the court copies of this, correct? Thanks!
  16. I received a notice of Case Management Hearing on the Amex case. Any advice on what to do next? Should I file for Discovery? What exactly happens in a case management hearing? Thanks.
  17. I received a notice of Case Management Hearing in the mail for a $29,000 Amex suit. I have already filed my answer and affirmative defenses. I am going to do my best to fight this, but I am worried I don't know what to do at the hearing. Can I still file for discovery? I DV'd the attorney ages ago and received only partial statements from them. After I filed my answer, I heard nothing until now. What are my options? And, what happens at a case management hearing? Any input is greatly appreciated. Thanks.
  18. Thanks so much everyone. I am going to wait a week or two to file the answer, as I was only served a few days ago. I'd like to give myself as much time as possible here. The plethora of information (or sometimes mis-information) on this site is invaluable. Thanks again.
  19. Is it normal for Chase to wait so long to do anything? Also - I was under the impression that if a complaint is filed and references an agreement, such agreement should be attached to the complaint?
  20. Hi everyone - First, thank you all for the great information. I have been lingering a long time and finally decided to join. (I have been through a case already, in which Chase is suing me, but nothing has happened since I filed my answer over 6 months ago. Any thoughts as to what to do next? Have I missed a window to take more action?) My main confusion here in California are the deadlines/timelines. I know the first step is filing my answer w/affirmative defenses. What happens after that? Am I supposed to hear something back? I have checked over and over on the court website with the Chase case and nada. With the new Zwicker case, I am much more prepared than I was with Chase, so I want to make sure I get this right. I sent them a dunning letter in May. They sent me about 7 months of statements, nothing of which showed they were handling the account (at that time, they were just 'collecting', not suing). Other than that, they failed to comply with anything else in my DV letter. Complaint is unlimited as it is over $25,000. The cause of action is 'common counts', which I have not dealt with before. If anyone has a little insight into how this differs from Breach of Contract, input is appreciated. There is also 'other allegations' in which the plaintiff says that they informed me in writing that they intended to file the suit. I NEVER RECEIVED ANYTHING FROM THEM STATING THEY WOULD TAKE THIS ACTION. There is NOTHING else attached to this summons. No card agreement, contract, affadavit, etc. Not one thing. I will use these in my defeses, but what I really want to know - WHEN DO I REQUEST DISCOVERY AND HOW? DO I JUST SEND IT TO THE ATTORNEY, OR DOES THE REQUEST HAVE TO BE FILED WITH THE COURT? Interestingly, they never mention 'contract' in the complaint. Account stated and open book balance only. I know we are all busy with our own issues, but any response is greatly appreciated, as I know how valuable your time is. Thanks in advance.