creditstudent38

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About creditstudent38

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  1. really spells it out in the clearest language possible to give consumers a heads up on what consumer law defense lawyers already know, had I read this article I might have done things a little different agains MIDLAND, so much good information here, thx again! I think my filing motions for production of docs that show "chain of title" (read: they never have it) and using phrases like "legal standing to sue" and "disputed"--have mostly turned things in my favor. I don't think they'll be coming after me again. the more you know... and more consumers should be informed and capable of winning against this unethical business practice, especially the part about "damages" (what damages? a few cents on the dollar?) the flaws in these cases are numerous and this article provides a hard look at them.
  2. Im with you on this, just know that unless they dismiss WITH prejudice they can still come after you for the debt [(even with little legal standing to sue and questionable bill of sale (robovolume signee).] I have dealt with these clowns, reluctantly settled around 60% of original debt, lots paperwork back and forth before that (to scare them)--requests for documents, motions to dismiss. After all this and a final (STIPULATION FOR DISMISSAL WITH PREJUDICE) and i've heard from the judge herself these are hard to get--FINALLY, I get a voluntary dismissal WITH prejudice. BUT GET THIS,they are still reporting remainder of the debt to Equifax for some reason. This is in Florida. I think I could have won it with my requests for documents and statement that they lack legal standing, but I was busy with school and was already aggravated enough! Only problem is, they bought another high balance cc debt of mine so I'm still waiting for the other shoe to drop. Anyhoo, I'm with you to give them a beat down, in fact I showed up to court and got that same Dismissal Without Prej. but then they amended and sent me a revised Complaint. This took about 7 months of my life total (Oct 11-Apr 12) like I said...aggravating. I received help on this forum from CalParalegal and others helping me draft response letters. THANK YOU.
  3. THe function of these boards is to help consumers make informed decisions. Real world cases and answers help significantly. What we are seeing is JDBs abusing the system with frivolous suits, preying on the financially vulnerable. They would prefer to do keep doing this, with their 99% success rate, with their well-funded outsourced attys with humongous corporate backers (Encore Capital, Midland, et al). It's no wonder when someone posts a complaint, there are hundreds who recognize the exact same complaint and wording, because they have gotten this sloppy paperwork also. We have to fight back, even it is some second hand toxic debt they paid a couple hundred for. They want to crank out 300 dollar court filings for summons, hoping you dont spend your last 3 hundge on a bankruptcy filing. Im rambling, i just object to this on principal (pun intended) i would have preferred to answer to the OCs who have long sold me down the river and subjected me to this harassment...Im all for anyone who attacks a JDBs "legal standing to sue" more power to those who get their cases dismissed by putting up a good fight. My credit is has been messed up for years, but theyll stay in business. Why can big corporations can start over with a clean slate and have plenty of chance to rebuild, but for some reason when consumers do it , we the poor are held underwater with the weight of these burdens? We need a chance to survive. *stands on soap box* Literally, if you had a choice between having shelter and food for a year, or paying a credit card bill or a junk debt buyer who has added insult to injury by harassing u with suit, which would you choose? Lastly, what I really wanted to say is *good* let them watch, as a supposedly naive sued debtor learns how to defend pro se like a boss, knowledge is empowering..: what's that? a motion for extension? a properly captioned motion to oppose? a stipulation for dismissal? all the tools for countersuit and successful defense? online for free? They don't want you to know this. I learned most or all these things here, and this is a good thing. I hope it eventually costs them big time to keep going after the defenseless, their greedy business model has to end. I went from a zero chance guaranteed default to putting up a good fight for 8 months, and costing them a few pretty pennies. With enough knowledge now theyll think twice about coming after me. Im sure my paperwork made some attorney's head spin (thanks CalParalegal!) Its classic david and goliath. this forum is the ultimate slingshot for those willing to learn. The real 1% is knowledge.
  4. And just when I was starting to think you were a creditor's sock puppet... How much did you get them for? And what did they do wrong? I thought about countersuing the clowns that sued me. Do you do this for fun or profit? *******update****** I thought about pursuing a "lack of legal standing to sue" attack on the JDBs suing me, but instead I negotiated a settlement. Now, the question is, will they honor my recent filing of "stipulation for dismissal with prejudice," I told them that's what they agreed to by cashing the check. I guess thats sorta like honoring a non-disclosure agreement. They were pretty quick to cash that check, probably paid a couple months rent on that ****ty building they work in. ****************** Anyway, go get 'em, Coltfan! cs38
  5. THe two pieces of paper im striking are 1. a generic random 2nd page of a photocopied cc agreement. blank. no signature. not even filled out. where did they get this? I don't know. did they think they would fool everyone into thinking it was some sort of original signed cc agreement. i dont even think it's for the same cc company! 2. a bill of sale of a BofA Vice Pres of volume sales or somethin, i guess it's not an affidavit at all, there isnt one, it's "bill of sale". but again. the document does not state any details, not my name. not my account number. it just refers to some pool of debts that midland bought from bofa titled "loans" and "accounts" which doesnt distinguish anyone's account, name just "Loans" "Loan Schedule" from Adam. It says "Assignor" (BofA/FIA Card services lady) sold something to Midland Funding LLC "Assignee", and conveys rights bla bla bla.. The only thing they have is one page of a cc statement from the OC from when I stopped paying FIA card services/BofA from oct07. Is there anything tying this cc account with OC to that bill of sale? do we just assume my account just happend to be bought in this pool of debts? WHy dont they just use that "bill of sale" from the BofA/FIA card services sales lady vp of something, to sue every adult person in the united states? that refers to "Loans" "Assignor of Loans" and laws of delaware, and i guess they are going for the "business records" extent of proof "in the normal course of business" ...yada yada shes is "Assignor: FIA Card Services" and "assistant vice president" of something, but I'm not satisfied that she has personal knowledge of my account, or that Midland has a complete record of it, and I REALLY doubt if they have a signed original card agreement, they cant even produce the section of the card agreement that says things about assignment (which oops! there is a provision to the laws of delaware, uh..oh.. maybe thats why, but they are just under the 4 years SOL by filing in october what timing!) ftw? i believe the burden of proof rules of evidence are the same here in FLorida, one cannot crossexamine a piece of paper...BUT now do I subpoena BofA sales lady? would that scare them into settling? there is less of a burden of proof for business records evidence here in FL anyway, how convenient for them, in fact in the language of the bill of assignment it's almost identical to the wording in the business evidence laws on the FL civil code books..gee i wonder why:rolleyes: Im at sea here with these clowns..
  6. Thanks so much for your compassionate response, tigger, and yeah legaleagle? that's what someone who is emotionally exhausted and feeling harried needs to hear, thanks for that, dude lolz The idea was to make them think that they'll get nothing, which they will get nothing if they lose, plus theyd be out their legal and collection fees. I am giving them a gift as a courtesy, though there is a part of me that wants to aggressively argue, fight and countersue, and make it cost them. I'm letting them know, it's within my rights, that I'm capable of fighting, and that time is ticking on their discovery. They dangled 60% so I offered them 50%, which I think is generous. RockDaddy-I do get the feeling they will be c**** and take the 50% offer off the table once their deadline of end of this month passes, but then they have to send out their likely weak production of documents and answers to requests for admission/interogs. I'm so tired of this, there are so many better things I want to do with my life. It's to the point where Im debating taking their offer for 60%, though if they were honest and reasonable business people (newsflash: theyre not) they would politely accept my generous offer, will they take it? they might break even, make a small profit, but nOOO they are greedy. It's a dilemma. If money is the root of all evil, then this is the lesser of two evils. The thing about cheese is that drives sewer rats crazy . oh and yeah, they do know I'm in school because I wrote a note about it in my stupid first answer trying to explain that my student financial aid is off limits, and "phone thug" (initials pg) of pollack& rosen says "we KNOW you're in SCHOOL and that you're SMART, you KNOW what we MEAN!" **after DEMANDING, yes demanding my check by phone/bank routing number info and then hanging up on me.** wtf? did someone just try to take my lunch money on the playground or what? wtF! it's incidents like this have me feeling that not only do they not deserve a dime from me, these people need to get their a**** kicked.
  7. I've been reading responses to this thread, and what it is I'm trying to do, my goal was to pay down some high interest snowballing debt and directly address some of the most delinquent debt. It seemed logical to pay down the most aggressive debts first, but those are the highest balances, so I'm trying to make it easier on my wallet by negotiating as much as I can. It almost makes sense to eagerly seek a settlement with the one debt that has gone to lawsuit, first, or soon anyway. As for being judgement proof, there is a possibility that I am. If I were to put my financial aid (what I barely get by on) into a 529 IRS tax exempt account, it would also be off-limits to creditors according to FL statute 222.22. I am thinking of doing this because I will likely receive more education and training sometime in the future. 222.22 Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process.—FL Statute 222.22(1) says: (1) Moneys paid into or out of, the assets of, and the income of any validly existing qualified tuition program authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and Florida Prepaid College Trust Fund participation agreements under s. 1009.981, are not liable to attachment, levy, garnishment, or legal process in the state in favor of any creditor of or claimant against any program participant, purchaser, owner or contributor, or program beneficiary. It is a dilemma of being in two types of debt at once: student loan debt and credit card debt. Student loans are not dischargeable at all and one is never judgement proof from them; they can garnish wages, place tax liens; but I know how to handle my business of getting the proper payment plan and paperwork for (most of) that. The cc debt is more urgent, especially the one that has gone to lawsuit. The aggressively past due debt I'm trying to arrange a settlement or payment agreement, while taking into account how little they paid for it, (and how unpleasant they are.) Though my being courteous seems to be a more winning strategy. Hence, the polite yet firm written communications (I tend to lose it over the phone with these people because they are threatening my chances of having a future.) so now about that draft of counteroffer and trying to get a settlement, and giving them deadlines, while my discovery "goes to work" on them, I would say I'm judgement proof, though Im voluntarily offering them something rather than the nothing they'll get, minus their collection costs, and court & legal fees. I thought I might add a bit about FL statute 222.22 and 529 IRS status and let them know this, and that I'm voluntarily though reluctantly giving them part of my student financial aid. A part of me, the survival instinct part, was telling me to put it all into a 529 plan, or also mention that Federal bankruptcy exempts "all proceeds from Federal Student Loans" (part of USC 1095a(d))which reads: (d) No attachment of student assistance Except as authorized in this section, notwithstanding any other provision of Federal or State law, no grant, loan, or work assistance awarded under this subchapter and part C of subchapter I of chapter 34 of title 42, or property traceable to such assistance, shall be subject to garnishment or attachment in order to satisfy any debt owed by the student awarded such assistance, other than a debt owed to the Secretary and arising under this subchapter and part C of subchapter I of chapter 34 of title 42. This is really all I have and it's off-limits to creditors. The 529 is my attempt to protect it, not commingle it into a checking account and keep it separate from any other funds, and the USC 20 1095a(d) protects my right to an education which is what it was intended for. So here are some of my choices in this dilemma: Shall I draft a letter that cites these State and Federal laws that make me judgment proof to them? Or wait 30 days for discovery, ignoring their offer to settle @~50% or counteroffer a written letter of 25% (with a letter about the above FL Statutes and Federal codes)? deposit my financial aid checks into a 529 plan, get on with my education and worry about this later? get on with my life and worry about this later when i have more money (hopefully)? I know I got into a bind with these credit cards (and student loans) over the years, but I still want to preserve my chance at making a better life for myself and loved ones. im thinking a) i cant (and shouldnt) ignore it i should pay it, (how much tho?) c) im poor , with what ihave now i barely have a chance of making it as it is d) i need more training to make a better living... **BV80, RockDaddy, Huey Pilot, CalParalegal, legaleagle, Coltfan1972, tigger, SeaDragon, racecar, thanks everybody, for your support and advice, it helps me make a more informed decision to see angles that i wouldnt otherwise, and learn some legal methods too. **
  8. no...that was just humor interjected, my actual letter is polite and firm, with actual (not smartass) names and the last bit about the offer being lower, that sounds badass but given that they may need to counteroffer, maybe not such a good idea... im trying to cut out all the venom and be left with a professional sounding though firmly worded counteroffer/pay for delete letter, all the bold stuff is just for humor..
  9. ***note bold phrases except for approximate debt amounts are for humor only**** soooo...they sent me this offer but I dont like it, i think its way toomuch, so im giving them what i think is a generous offer, but i want to keep negotiations open..hehehe Here it is folks, I'm trying to make a reasonable solution to this unpleasant matter: Tell me what hus think. This is a Counter Offer/Pay for Delete and Im trying to play hardball to see if my discovery is working...note I added some humor, but you get the idea..anyone think this will work? XXXXXXXXXX XXXXXXXXXX Deepindebt, USA emailaddress LAWSUIT LAWYERS JDB XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX LAWSUIT DEBT BUYIN, USA Date: March XX, 2012 Client: Midland Funding, LLC Re: File # XXXXXXX Current Balance: ~$6K Your Settlement Offer: ~$3K My Counteroffer: ~$1.5k Dear Sirs or Madams: This letter is in response to your Settlement Offer on March XX, 20XX related to the debt listed above. I wish to save us both some time and effort by paying this debt. Please be aware that this is not an acknowledgment or acceptance of the debt, as I have not received adequate verification of the debt. Nor is this a promise to pay and is not a payment agreement unless you provide a response as detailed below. I am not sufficiently satisfied that your client owns this debt and I have not received adequate proof that you have legal standing to bring suit on their behalf. I have made this dispute in my court filings regarding this matter. I have recently sent you requests for admissions and other documents to give you an opportunity to prove this (you have 30 days to respond). I am aware that this process could result in more costly court and legal fees for you and your client, not to mention possible countersuit and penalties. In lieu of this, I am willing to pay this debt in full for $1.5k as settlement for this debt. In return I ask that you voluntarily dismiss this lawsuit and cease all collection and legal activity in pursuit of this debt. Considering how little is typically paid for debts such as these, I believe this is a generous offer and your client and you would make a handsome profit without having to incur any more legal or collection costs. Also I ask in return for your agreement to remove all information regarding this debt from the credit reporting agencies within ten calendar days of payment. If you agree to the terms, I will send certified payment in the amount of $1.5k payable to Attorneys for JDBs who don’t really deserve much for this debt their client paid 5 cents on the dollar for in exchange to have all information related to this debt removed from all of my credit files. I also ask that your client Midland Funding LLC (who paid 5 cents on the dollar for this debt in a pooled charged off account), in exchange for accepting this payment waive the right to sell or discuss this debt to third parties or file suit for this or any other debt. If you accept the offer, please prepare a letter on your company letterhead agreeing to the terms. This letter should be signed by an authorized agent of junkdebtbuyers' attorneys The letter will be treated as a contract and subject to the laws of FL, USA. Please forward your agreement to the address listed above or email it as an attachment. Also, post-date your offer with a deadline of April 30, 2012 to give adequate time for negotiation, discovery, counter-offers and finally settlement. Please note, my next offer will be lower than this one. Sincerely, cs38
  10. I really want to pursue this strategy, as a deterrent, as i dont really have the resources to file a counterclaim-- their whole business is all about greed and some honeypot of naive consumers' legally unprepared defaults and their predatory abuse of the court system, it's pretty blatant what they do is wrong. I just sent some discovery while they are offering to settle, but do I tell them on the phone or in writing that "hey you may get nothing from this, in fact you may actually end up paying a penalty, so why don't you accept this my final offer" and then counteroffer something much lower than their 50% usurious gouging...like 1800.00 for 5k debt or do they think they have me by the cojones since i admitted to the OC credit card debt?
  11. of course, if i wait, theyll act like they were doing me some big favor by trying to financially rape me, and then re neg on the offer, but really like BV80 says, they hardly even deserve 20% i do want to see their response though, deadline to pay 50 percent is end of this month... but they have 30 days to respond to my interogattories, requests for admissions, docs...it's a tough call. anyone know if further down the line, ill likely have more or less leverage?
  12. last month i received an offer on the 9k high balance, for 2.5k but they reneg'd, I need for them to extend that again ( and how about postmark it so it has enough time to arrive in the mail and for me to make the deadline? eh buddy? the boneheads took 10 days to send the settlement offer, and it arrived after the deadline to pay) i'm not really happy with either of these offers considering what they paid for them, so i think they can do a little better, i was looking to like settle them both combined for 4-5k or somethin, maybe less like 3.6k---- or...i'll give them a run for my money with my newfound legal skills, what seems reasonably 'fair' is like 30-40% of each debt which is around 5-6k total max. cs38
  13. received a written settlement offer of 3k on a 6k debt... on the same day I sent a discovery bundle CMRRR (req. prod docs, request admission, interrog) they email an offer to settle for ~50%. Thing is, they havent received (my certified mail request for admissions, interrogs, prod of docs) yet-- they had to have seen my opposition to MSJ, and motion to strike exhibit, and continuance which appeared in the dockets showing im actively fighting them off! Should I wait it out and see if I get any more leverage to settle it at a lower amount? (or see if I can beat them, pay them nothing, after all they wasted my time, and i might get some paltry sanctions for costs of discovery if im able to file msj after motion to compel.) even tho im deeply in debt, i have leftover student loans to pay this before end of this month, i know it's my debt and they seem to own it (according to CR) even tho they must be calculating all their legal costs and collection costs to what they paid (on top of 5cents/per dollar)...it's still probably like 500-1000% profit for them. would it help my credit if i pay for delete? what if i dont pay them a dime and fight it? i almost want to make them pay me for what they put me through... though I rather not spend any more energy and time on this, I just want to get on with my life..ive put in a lot of work fighting this now already, (thing is theyve got legal teams and im just swingin it pro se..) in other words i like the idea of offering them less and then much less and watch as my discovery trickles into and completely invalidates their suit with sanctions, but i really have much better things to do than deal any more with these clowns... for me it would be just another bill paid (albeit a very large one) but i still totally object to their jdb/litigate business model, plus Midland owns another debt of mine twice this amount (9k) and they're just sitting on that one (demanding full payment now tho no lawsuit yet). this would be the next-to-last unsecured/high interest/revolving account trade line that ive been trying to pay off except for one more high balance ccard debt as mentioned above (midland bought it, like i said it's twice the face value of this one) dilemma! last month i received an offer on the 9k high balance, for 2.5k but they reneg'd, I need for them to extend that again ( and how about postmark it so it has enough time to arrive in the mail and for me to make the deadline? eh buddy? the boneheads took 10 days to send the settlement offer, and it arrived after the deadline to pay) i'm not really happy with either of these offers considering what they paid for them, so i think they can do a little better, i was looking to like settle them both combined for 4-5k or somethin, maybe less like 3.6k---- or...i'll give them a run for my money with my newfound legal skills, what seems reasonably 'fair' is like 30-40% of each debt which is around 5-6k total max.
  14. ..i think the judge granting my first motion to dismiss got them on the defensive.did that. Now, about those requests for admission? hmmmm, sent them out this week, and a bundle of certified mail that includes (requests for admission, interrogatories, and request for production of documents) ..they have 30 days to answer in writing ...i bet they ignore it, but oh they cant say they didnt receive it because i'll have green certificates! this is not fun and it's totally eating my spring, summer and fall plans! damn them! but i think i'll have to learn about the motions in limine or compel or whatever it takes... **thanks so much to CalParalegal for the excellent guidance, tho!** not sure about the Suntrust/BofA thing I think they mergered or got acquired, no one told me, and they dont ever mention FIA card services in the complaint at all, so is that assumed? I OBJECT to JDBs doing this! it's totally aggravating!
  15. served upon them some discovery, requests for admission, with interrogatories--- **thanks to CalParalegal and others on this board who have posted docs and sample templates from their case!**