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About genericcalifornian

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  1. Got it and understood. No more wait and see. It was the law firm that left the message, not the collection agency. So it is okay to not return the first call and just send out the BOP today? Should I indicate in a letter that I received the message but since they have not sent me any information to prove that I owe this debt that I would like to see that before discussing it with them? Or should I just ignore message, get BOP out and THEN begin communication re: meet & confer. Also, does meet and confer mean in person? Or by phone?
  2. Just to keep the flow: being sued by Asset Acceptance in California. I admit I have procrastinated the BOP due to other stressors going on and wanting to put this on the back burner mentally. Served 7/28/12 filed a General Denial on 7/24/12, CMC scheduled for May 2013. This morning someone from their office left a voicemail formally requesting a "meet and confer". What is my next step? Should I send the BOP in response or do I need to call them back? I don't want to screw this up. So far they have sent me absolutely nothing. Their complaint was just a form they checked boxes on. It was unverified and on common counts. I apologize for not sending out the BOP asap as the wise people here told me to do. I started feeling overwhelmed and unsure of myself, but it's time to step up. Whatever my next step should be, I'll do it.
  3. I know our local hospitals actually photocopy your drivers license with your insurance card due to identity theft of insurance benefits.
  4. I can't even tell you how much I needed this thread this morning. GREAT articles and links. REALLY GREAT. Thank you all.
  5. Okay, I'm looking at both creditors and now I'm wondering if I'm just a chump. One says "billmelater" and one says "paypal buyer credit". I don't recall opening two different accounts, but I'm going to scour my recently pulled (for bk consultation) credit reports and double check that the joke isn't on me. I suppose anything is possible at this point. I won't repost to this thread, I'll post to the collection section. If I can follow the paper chain and determine they're one and the same I'll scan the documents. If they're different I'll tuck in my tail and skulk away from this one.
  6. Is this actionable against the former CA?? I settled an old billmelater debt with a CA (it's all in writing and my payment was done online with a receipt that I printed out). About two months later I get a notice from a new collection agency with the old high balance. It never ends!
  7. That's a hard one. It's all public record so it could have been one of hundreds of private vendors. However, *most* of even the private vendors glean what they resell from LexisNexis, court trax, etc. Is there a false judgment on your CR?
  8. Thanks you guys. I'm going to Google Landmark Education right after I finish this post. My instinct is screaming, "suck it up, it's the least of your worries". I suppose being able to sleep at night will be a worthwhile trade off for always being known as "the ones who declared bankruptcy" I mean, they still refer to my uncle's second wife as "the other woman" even though they've been married for 25 years and have 3 kids. I'm probably already known as something anyhow. Might as well add to the resume.
  9. I'm considering bankruptcy while I fight a creditor lawsuit. Really though, it's been a long time coming. My odd nagging fear is the publication of my name. I have a very unique name that is very easily googleable and uniquely tied to only me (meaning there is no mistake in identity!). I am also a private person which has lead me to use a false name on Facebook, etc because I hate how easily searchable I am everywhere. I loathe the idea that my very judgmental family is going to be able to open a newspaper (yes, they live in the same community) and happen upon my name under Public Notices for a bankruptcy proceeding. And/or possibly google me and have it come right up. I get that it's all completely bared on PACER and I'm comfortable with that since so few people know, access or care about PACER. I just dread the local publication. NONE of my family knows the predicament my husband and I are in and I've enjoyed keeping it that way. When it comes to finances they are a VERY self-righteous group. Has anyone had to deal with fall out from this? Am I worrying about the wrong thing??? I know it sounds petty.
  10. calawyer, you have the patience of a saint. You too adsoft, coltfan, et al who tirelessly volunteer your time to help those of us fumbling through through the dark in all of this. You are very appreciated!!!!! Question: what is the best way to post my BOP for all of your review? I don't mean to be paranoid and I know that my info is public record anyhow, but on the off chance that my creditors ARE stalking sites like these, do I just blank out all of the identifers with xxxx's and lines?? I just don't want to give them any advantages if I can help it. Btw, I went to the courthouse today to do some research. Of the 20+ cases that Asset filed the same week as mine, I am the ONLY one that filed an answer (and 30 days is UP). I feel conflicted about this. On one hand it could bode well for me because their opportunity for the fast and easy default is so abundant that they may not even bother with me. On the other hand it's just depressing how easily people roll over.
  11. Seadragon, I would LOVE to see that go down!!!! It's brilliant, you simply MUST! I'm so sorry to hear of the outcome of your case. I know what it's like to feel let down by your government and the system. It's a unique despair. But I really do think your idea is worthy of consideration, if for nothing more than to illustrate the ease of fraud that can be perpetrated.
  12. So I was at the court house waiting in line to use the public access computers and there was a much older woman in a line next to me. She was in a different line (waiting to file complaints) but our lines sort of criss crossed and we had a lot of spare time if that makes sense. Anyhow, she had a stack of complaints a mile high. I was thinking she'd be sitting there for a least a couple of hours getting them all stamped and paid. We chit chatted and she told me the following about herself: she is a paralegal. She is 74 (I kid you not). She works for attorneys representing collection agencies. When she said that I suddenly grabbed my purse a little tighter and stepped back, as if I had "debtor" written all over my face and she could somehow tell. But she didn't notice and continued being friendly. I then tried to covertly glance at her huge stack of complaints that she shuffled from time to time. I noticed something else just weird about the entire thing. They were different law firms from all over the state. So this led me to only one conclusion. Collection agency attorneys are paying some poor older woman (in my county) to churn out and file complaints all day long. Somehow I doubt this sweet older lady who couldn't stand in line without needing a chair was being paid premium dollars for her services. I mean, what else can I conclude? Nothing I tell you. It's obvious: Collection Agency Attorneys Enslave Seniors. :shock: You read it here first. Hopefully you understood the Happy Gilmore reference in the title, I'm a little punch drunk from all of the reading and researching and if I can't laugh I might cry!
  13. Thank you all SO much for the advice! Adsoft, I will take you up on your offer and will have a BOP drafted by Monday for review and will get it in next week. For full disclosure, I'm also considering bankruptcy--whether I succeed with this case or not--so I'm also going to consult a BK attorney next week just to get their take of my general financial position and to advise me. This will take time though and truly is more of a push from this lawsuit in the direction I should have been investigating a year ago. In the meantime, I want to waste as much of AA's time and money as I can. I'm also considering doing a spreadsheet of their lawsuits in my county to get a real percentage of defaults vs settlements vs losses. Just a preliminary glance at cases yielded almost back to back default judgments. I'm curious and it could be very educational. I hate them with enough passion to volunteer for the job. Normally I wouldn't have the patience to wade through hundreds of names using our court system's state of the art DOS computer database with limited search fields. For this I would. And unemployednomore, I think we've moved beyond leisurely pace to late stage atrophy. My case was filed in April of 2012. They served me on day 60 in June, CMC scheduled for May of 2013. I'm in the San Francisco Bay Area. Bring on the slow motion fight!
  14. I would take that attorney up on his offer and free dinner and ask him!! Seriously though, good job, I wish I could offer better advice, I'm still learning myself, but your determination was inspiring and good luck!