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Posts posted by qbert

  1. hi guys, its been awhile,thanks for all the help in the past


    I've been keeping my stuff reasonably straight, i had some medical bills that got late and went to collections.

    i paid the principal balance but refused the additional fees

    they tacked on "fees and interest" which to my understanding there is no basis for such per the original payment agreements with the medical providers

    is there a standard form to request them to present the original contract that authorizes them to collect fees on overdue accts? 


  2. yes ive been working hard last few years, and have restored my credit and paid down a lot on my student loans and mortgage.

    Insolvency would be a real stretch, could i still claim all the CC debt that "went away" that hasnt already been settled via 1099C or dismissed w/prejudice. i doubt it gets me there but worth a look. Its all out of SOL/credit reporting period but i suppose until a 1099 is issued the debt still exists


  3. i have a discover acct, last pay was in march of 2010

    no contact from creditor since last collection letter in january 2014

    they 1099C'd for effective date 12/31/17, event code G ("Decision or policy to discontinue collection." per IRS)

    from creditcards.com:

    Q: Why am I getting a 1099-C for old debt?

    Unfortunately, creditors have a lot of wiggle room about when to report canceled income to the IRS. Statutes of limitations vary by state and by type of debt, but creditors are not required to file a 1099-C at that time since they can continue to try to collect on a debt indefinitely.

    Consumer advocates argue that under IRS guidelines, creditors should send a 1099-C three years after there has been no activity on the debt, but they acknowledge the rules are unclear. And plenty of taxpayers have been getting 1099-Cs for debt that's many years – or even decades – old.

    If this happens to you, first try calling the creditor. "Sometimes when you go to the creditor, it turns out it was a mistake and they will issue an amended one," says Greg Fitzgerald, an attorney in Orange County, California, who specializes in debt.

    If that's not the case, you will need to include the 1099-C on your tax return. A tax professional can then help you evaluate your options. You can either try to explain to the IRS why it should have been filed a long time ago and make that case as part of your tax return. Or it may be easier to simply use one of the exemptions to avoid paying on the amount. 

    However, the age of the debt can work against taxpayers, Bode says. The time of financial hardship that caused the debt to go unpaid may have passed, leaving the taxpayer with reduced ability to exclude the debt from income because of insolvency.    

    ^^that last part in bold is me right now

    any escaping this? There is no way i can claim any sort of insolvency in 2017. Its well past SOL of course...not sure that helps here.


  4. hey everybody, been awhile, been living life and keeping my nose clean. glad to see the same old friendly faces still helping people :)

    this month marks 6 years and 10 mos since we went nuclear...im wondering if Midland typically drops off like they should at 7-7.5 years after first delinquency. all of the "Accounts" they have listed on my reports are dated 12-24 months later


  5. ive been out of the loop for awhile and wanted to update and thank everybody who helped me thru a real tough year or two. I'm happy to report that all of the defaulted debts are well past SOL, and that my credit score has been slowly climbing and has gone from 550 to almost 640 in just a year. My wife and i both recently got our first unsecured credit cards since the defaults.  Were about 20 months away from the 7.5 year date since the last payment on the defaulted cards, at which negative credit reporting will cease. Was able to settle our underwater second mortgage for less than full amount and bring our home back into the black

    I owe so much to the people who helped me (you know who you are), and do my best to pay forward the knowledge i learned and documents and defenses i used to others in the same battle

    just wanted to give a little HOPE to people who get down in the dumps when it seems that your world is crashing around you. Time heals all and today is a great day to put your best foot forward. somebody recently gave me some words to live by:

    No amount of anxiety can change the future and no amount of gulit can change the past - so live in the day!



    • Like 6
  6. the only thing i can say about the 30% offer is it give the impression they are not all that confident in the case.


    that plus the fact that you are makign an effort at fighting back (presumably unbeknownst to them) should give you a little wave of confidence to work with


    11th hour is tough, but as many many people have said here, they are beatable (i beat 'em all)


    focus on nothing but the case for next 2 days, take a day off work if you can. its alla bout the next 48 hrs and being as prepare as you can be when you walk into that courtroom

    • Like 1
  7. Had my Trial Readiness Conference this morning.  I burned the midnight oil (and much time during my "day job") to get my trial brief done yesterday evening.  I'll give my detail later, but I had sort of gone "underground" with my prep since last week as I suspected JDB's attorneys may have caught on to my thread since I wasn't too bright and put way too much info in my thread title (Google Mandarich and it pops right up there 2nd behind Mandarich's website info).  

    i, for one, think thats awesome and hope more people learn how to defend themselves.



    There is a new law that might get you some additional costs.  Here it is:


    581.5.  In a case involving consumer debt,.....

    also very awesome and i hope some people are able to motion the bench in such situations

  8. Done.   Now I guess I wait...and don't hold my breathe.   :-)

    a little birdie here told me:


    Here is the applicable rule: Title Three Rules

    15 days after you serve the memo (+ 5 if served by mail), plaintiff has to file a motion to tax costs if it feels any are inappropriate. Plaintiff usually doesn't file a motion.

    After the time to file a motion to tax has passed, the clerk should "immediately" enter the cost award on the judgment. These days, with the clerks so overworked, you might have to do this for them.


    Then you will have a judgment in your favor awarding costs!

    • Like 2