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Everything posted by creditsamurai

  1. Has anyone here sued them previously? I couldn't find much on the secretary of state sites for NJ and PA.
  2. Today I filed a motion to dismiss, as was part of my settlement agreement. Thank you to everyone on this thread who advised me.
  3. I have some good news to report. The CA and I were able to work out an agreement after all. I'll file to have the case dismissed with prejudice and they will delete the tradeline. Since they are just working behalf of the original creditor, they could not cancel my debt. I realize this means that I'll most likely end up in this situation again with another CA. If that happens, I suspect I'll opt for arbitration from the beginning.
  4. Misrepresentation of the amount of the debt and lack of proper communication
  5. The defendant's counsel got back to me. They have rejected my settlement offer and ask that I voluntarily dismiss the lawsuit.
  6. This is small potatoes by the way. We're talking about a couple of hundred dollars. I'm betting that there is a definite limit on the human and financial resources they're willing to throw at it in order to collect. Settling makes more sense than trying to teach me an expensive lesson and secure a judgement that can't be collected.
  7. Federal court will not be really expensive for me. I can qualify for a filing fee waiver based upon my level of income. If I lose and they get a judgment against me, they won't be able to collect because my sole source of income is SSDI. I haven't given up on a settlement. I hope to hear from them by week's end. I'm not convinced that I've completely given up my right to arbitration, but I'm going to consult a consumer law attorney on this. This is different from the PRA case. That one has been settled to my satisfaction and I got it in writing. The tradeline has already been deleted.
  8. I sued in small claims for a FDCPA violation. I was surprised that the CA didn't try to settle and instead took this step. The way I see it, this only makes the whole affair more expensive for them. I have made a settlement offer, asking for statutory damages and a deletion. My question is, how can I make this as expensive as possible for them so as to make a settlement more attractive? There is an AAA arbiration clause in the agreement I signed with the original creditor. Filing a motion to compel is definitely on the table. What else should I consider?
  9. I recently discovered a tradeline from a CA on my EQ report. I haven't received a letter from them. I called today(recorded it) to inquire about it. Can I send a validation letter? It seems like there isn't agreement in the legal community about the definition of initial communication.
  10. Got a call from PRA today. We have settled. The tradeline will be deleted with no 1099 issued in exchange for me withdrawing the suit.
  11. They have sent several statements all with with different account totals. Also, they re-aged the debt. So far, they have deleted the tradeline, but no one has responded to the summons.
  12. No. The debt is outside of the SOL. They cannot sue me for it. Also, my income is from a legally protected source.
  13. Portfolio Recovery Associates bought a Capital One Bank delinquent account in the amount of $727. I unsuccessfully tried to negotiate a pay for delete I filed a complaint in small claims court for misrepresenting the amount of the debt My goal is to get a deletion + statutory damages in exchange for dismissing the lawsuit. I would be happy with just a deletion though.
  14. Have they committed any violations that you could cite in a lawsuit? That's how I was able to settle with them. Within a week of me filing, they contacted me with an offer.
  15. It's been about two weeks. I know they got the summons. They have yet to contact me and our court date is going to be in two weeks. The amount in question is less than $1000. My hope is a settlement featuring a deletion + payment for an FDCPA violation in exchange for dismissal with prejudice. Has anyone dealt with PRA in the past? How open are they to settlements?
  16. Their lawyer also wants a dismissal with prejudice. Why is that necessary?
  17. I filed against First Premier recently and at the last minute they contacted me about a settlement. They will delete the tradeline in exchange for dismissal with prejudice of the lawsuit and agreeing to release them from the claims in the lawsuit. I like the basic outlines of the deal. I always wanted and deletion and not money. Is it asking for too much to not issue a 1099?
  18. I used Lex Law for a few months back in 2011. Not worth it. They don't do anything that you can't. They send generic dispute and validation letters. Then they hope for the best. You're better off learning how to remove negative items and doing it by yourself.
  19. I used insurance and this is the out of pocket part. I would be negotiating with the collection agency. Don't they have wide latitude to cut a deal? They own the debt.
  20. I have 4 deadlines on my EQ report for medical collections. The total is between them is $280 and they're all owned by the same CA. I'm going to propose a pay for delete. At what percentage should I start the negotiations? 3 of the 4 are past the SOLC.
  21. I am judgement proof ( no income beyond social security) and am being pursued in court by a junk debt buyer. I've considered calling them up and letting them know that taking me to court would end poorly for them. Should I?
  22. Have you disputed it with the CRAs? They might be deleted. Send them certified mail return receipt requested.
  23. Gatorbait, have you requested validation from the CAs?
  24. I have a few thoughts. 1. It's a very old debt and may not be hurting your score that much at this point. 2. Have you researched whether or not the CA needs a license to collect in Oregon? If so, are they licensed? If they need to be licensed to collect in OR but aren't, this is a FDCPA violation. 3. Are they allowed to add that amount or any interest at all to your balance? If not, this is a FDCPA violation. 4. If you have the money,you could do a pay for delete. I wouldn't offer more than 20% of the original amount. 5. If you find the Beneficial documentation, check to see if there's an arbitration agreement.
  25. I have 4 medical collections from the same CA, 3 come off in 2017, one in 2020. I have disputed and sent validation requests for the older debts(always verified), but have done nothing with the recent collection. The total amount is for less than $2000, but they have been resistant to doing a PFD. How would you proceed?
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