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Everything posted by qbert

  1. its either verified or not verified, a non-verified does not 'become' verified later. there is an easy way to determine, its clear on the original complaint, see here: http://www.avvo.com/legal-answers/how-do-i-know-if-a-complaint-is--verified--in-a-cr-723580.html my money is on the fact its NOT verified due to the fact that its midland and the amount is so low...
  2. As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter: -they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'S
  3. are they required to report that it is disputed to the credit agencies? this can only help me i beleive
  4. Dear dirtbag: On April xx, 2014, you or someone from your company contacted me about an alleged debt identified by (Collection agent's acct number). I dispute this alleged debt. Please provide this letter to the company for whom you are collecting so that they have notice of my dispute. Please inform any credit reporting agencies to which you have reported this debt to, that this debt is currently in dispute. You are also required to cease and desist from contacting me in this and any related matters unless it is by United States Mail, and only for the purpose of informing me that yo
  5. the letter is from a new collection agent for a debt held by Discover as OC. It has the much sought-after verbage that 'this debt is out of SOL and legal action cannot be taken'. Since its a new collection agent i will be sending them a combination DV/ cease and desist. I guess i would not call it a DV since im telling them to not contact me, more of a denial of the debt in combination with the C&D any choice verbage i should include in my letter?
  6. i am 99.999% sure SOL in CA is 4 years on credit cards. would love to be proven wrong
  7. following this thread closely. first of a dozen SOLs is up on tuesday. gonna be a long month
  8. Edited thread topic back to the "Sued by Asset, who previously dismissed"
  9. this is like an on-again, off-again love affair. Despite the fact that the court told me it was dismissed, I never got a copy of the dismissal from the plaintiff. I did not rest until i had a copy of an actual filed dismissal in hand, and I pushed the clerk who couldn't produce it. Days later she realized she had made an error (I'm assuming she had it confused with the original dismissed case, which was eerily similar in case number to this one). In any case it is still active and she was like "Well its a good thing they didnt get a judgement against you!" (ya think?) So anyway, gloves off.
  10. wouldnt i need to file a motion with the court or can i serve them some sort of preliminary MSJ
  11. thanks for the thoughtful replies guys. wasnt necessarily going this route but just learning all sides of the argument. its like the old adage, "if i sounds too good to be true..."
  12. wierd, link works for me. heres some of the violations we share: Midland Funding, LLC violates FDCPA 15 USC 1692e(8) by communicating credit information which is known or which should be known to be false, by reporting the account as “Type Of Account: Open Account” on my EQUIFAX credit report. Midland Funding, LLC violates FDCPA 15 USC 1692e(10) by using any false representation or deceptive means to collect or attempt to collect any debt by reporting the account as an “Type Of Account: Open Account” on my EQUIFAX credit report. Midland Funding, LLC violates FDCPA 15 USC 1692f by using
  13. both excellent posts. standing is fundamental to the argument and needs to be hammered upon in any motions or oral arguments. no standing=no cause of ation
  14. are you saying that is a board for scammers?
  15. worst ive seen. i dont even want to get into what a joke it was. made midland and unifund look like johnny cochran. like 4 differnet JDBs in the chain of title and a ton of conflicting dates etc.
  16. is this really effective? http://creditboards.com/forums/index.php?showtopic=495942 i see a lot of similar violations on my CR
  17. i called court yesterday and confirmed it was dismissed, and there are no open cases in my name. i would take the time to hassle them but SOL is just too close. they never even took the time to send me a dismissal, im going to the court to get a copy
  18. what a bunch of clowns... just got a BOP response a month later on this dismissed case
  19. re: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml#2 its kind of vague in describing under what circumstances they can request full payment and call it under 'acceleration clause' for SOL putposes im looking at a B of A cardmember agreement and it says 'you wiull be in default if 1.you fail to make the minimum payment by required due date... next section says "if you are in default,then in addition to our other remedies under thsi agreement, we can require immediate payment of your total outstanding balance......." so since every CA demands immediate payment in full o
  20. can you request to recover the court reporter's costs when you beat the plaintiff?
  21. wow that's the first time i ever heard of midland bringing an actual 'witness' (even though we all know they are actually unfit to testify) best of luck and thanks for fighting the good fight and documenting it so well