girlwonder

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About girlwonder

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  1. Des- I live in Indiana. I had an attorney who represented me. Afterwards she explained the trustee has always taken future refunds when the a filer had a refund of $1000 or more. She advised me to do a workup of what my taxes will be for this year as I don't have a house to claim or any of the deductions that go with it and she will present it to the Trustee. It's not a big deal I use that money to pay my son's college tuition. I don't want my son to come out of college in debt like I was. Whocares1000- Thanks for the information I will research the options this weekend. I see Indiana h
  2. Thanks. Let me clarify. He is ordering me to file and to hand over any and all Income Refund money I will receive to him directly or he will revoke my discharge. I got a refund of $5,000 last year. He is assuming I will get that much back this year. It is not the case, but I will most likely get a refund. He is going to put the refund in the estate. He made a huge deal over it yesterday...Sorry if I sounded out of line. I haven't claimed any state exemptions as I surrendered anything. I have never claimed bankruptcy before and I am seeking knowledge.
  3. I live in Indiana and I had my 341 meeting today. I have a question concerning the trustee's order to take my income tax return next february. He ordered me to file no later than mid-february and to bring it to the attorney so she can take it to him to the estate If I do not do so he will revoke my discharge. Can he do this? His rationale was due to the fact that I received a large refund last year. He asked if I expected one that large this year I said no because I surrender everything including my house, my car, so I would not get any deductions. I need help as I didn't think he could
  4. It wasnt for credit cards. It was for karate lessons in 2007. The assignment waa written with my son's name not mine. The assignment had no signatures or dates of parties. They submitted a blanket assignment with nothing filled out and the signature of only the karate place. The judfe acceoted it. I dont know how. Its not a valid assignment unless i am way off on this. In indina atlas is licensed to collect. They are a collection agency.
  5. I went to court today against Atlas Collections. The attorney presented an assignment that was in my minor son's name and then attached to the back page was another assignment that was completely blank and signed by the OC but not dated. The attorney stated that it was a blanket assignment of debt and the Judge allowed it. I do not understand why as the first page that had an assignment in my sons name was not signed by any party or dated. I do not understand how the Judge allowed it. I argued that the assignment was in the minor childs name not mine and he said it reverts back to me. Ca
  6. The Summons and suit is in my name, however, the (falsified) assignment is in my son's name. I have countersued for violation of FCRPA as they did not follow the debt validation procedure. They actually ignored my request for validation of debt. I sent a few certified mail requests. I actually pulled my credit and disputed the information with the credit bureau throughout the validation request process. They never indicated to the credit bureaus "consumer disputes" and they verified the debt during the validation request process. I have copies of everything. ****As for yesterday's amende
  7. I received an amended summons in the mai with an affadavit of debt and an assignment of debt. I know I need to file a motion to strike the affadavit of debt, however, the assignment of debt is completely false. The debt is for karate lessons for my son back in 2007. My question is can I file a motion to strike the assignment? Here is my reasons: 1. The assignment states the account against my son's name not mine and he is a minor. 2. The assignment does not have a signature of the original creditor and the Atlas Collections. All the assignments says is--- for valuable consideration,
  8. I received a summons from Atlas Collections on Thursday. I sent a DV letter to them Certified Mail in June and then sent a letter demanding they delete info from my credit under section 809 of the FDCPA in August. They apparently responded with a summons last week. First, the summon listed 3 accounts. Two of which were paid and the third was for Karate lessons for my son in 2007. I live in Indiana and the small claims rules state that in addition to the brief statement, that if based on contract, contract must be attached or if on account an affadavit of debt be attached. Atlas did not d
  9. Sorry, it is for a karate contract from 2007. There was nothing attached to the notice of claim other than listing the 3 collections. I filed a motion to dismiss today. I am guess I am going to have to file my affirmative defenses and countersuit. I sent a debt validation letter to the collection company and followed up with a second letter demanding they remove the collection from my account. They responded with a notice of claim. From what I read, they cannot do this.
  10. I am in Indiana and was served a suit from Atlas collections. This was in response to my debt validation letter. There are three things listed. Two collections were paid and the three I requested validation. Indiana small claims court rule 2 (4)(a)( states that in addition to notice plaintiff must attach A brief statement of the nature and amount of the claim; and (a) if the claim arises out of written contract, a copy shall be attached; however, the fact that a copy of such contract is not in the custody of the plaintiff shall not bar the filing of the claim; and ( if the claim is on
  11. I did dispute it with the credit reporting agency and after investigation both remain on my account.
  12. I had a credit card with HSBC in 2007. The account was opened in 2007 and the date of first delinquency is 6/2007. The account was bought by an OC and they have the account opened in 2009 which is two years later. Can they do that. Not only do I have two entries but different dates (which isn't helping my SOL).
  13. Yes, this is the first time i heard from them and there was no 30 day debt validation statement at the bottom of the letter. I had no choice but wake the dogs as i was denied a parent plus student loan for my son. I dont think he can wait 7 years. The statute of limitations in indiana is 6 years. I am positive the account is 6 or more years old. I a. Sending a debt validation letter requesting a copy of the original written contract and payment history.
  14. This is the only letter I have received from them. I am about to shoot them a debt validation letter as it is for karate lessons for my child from 2006 which is way past the SOL. I got the letter after I have disputed the debt with the 3 credit bureau's for the same thing (SOL)
  15. I received a letter from Atlas Collections that states: You delinquent account in the amount of 686.29 is being reviewed for possible suit against you. If we do not receive payment within the next two weeks, your account will be sent to our attorney for review. We are now accepting Mastercard and Visa credit cards. If you would like to use your credit card to make your payment, please call our office with your information. Please note that there will be a $3.95 convenience fee per transaction charde to your credit card for this serviece. At the bottom there is the standard this communicat