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About Dmuny1

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    Southern California
  1. Good point on Chase. Last payment was NO later than Jan 4th of 2009 and they filed the 23rd of Jan this year...outside the 4 years, but the lawyer I talked to said he would only take that route if we could prove it. The statement presented as "evididence" was from Aug 2009 just saying I was seriously deliquent. They never said when my last payment was. I have a statement from December of 2008 showing an autopayment to chase from an account that was closed around Jan 15th, so I am positive its outside of the SOL, but I cantprove it. It was a business account and I also owed $25K on that account, so I cant really go back and ask for statements The flat retainer fee is $1500 (negotiated from $3500) so it seems pretty fair to have them do all the work. Not the best way to use your tax refund, but at least it is over.
  2. I was sued for breach of Contract by Pride Aquisitions LLC seeking $39K from a Chase Credit Card. I just wanted some outside advice. Found a lawyer that is seeking out cases vs. Pride because they have had so much sucess, in fact have never lost, calls Pride "sloppy". Pride has had to pay out twice. They offered me a really surprisingly low flat fee to fight pre trail and another flat fee if it goes to trail. If it goes to trail, they said they would most likely counter sue on my behalf. So my question is, do I have them take the case? Another lawyer will do it for the same. I just dont want to be a pawn and get caught between Pride wanting to make an example and this Law firm. I believe it is passed the SOL (by one to two months) and two other law firms said they think they could get me out of it. Thanks for any advice.
  3. So you think BK is still a viable option I assume? If debt is passed the SOL, and I file BK, they will still be awarded a judgement I assume... am I correct?tia
  4. I am in SAME situation in San Diego..question when you answered them did you do so by General denial (pld 050) or use a form and go point by point? also did you need to send a proof of service? Thanks!
  5. Im in a pretty unique situation and have planned to either fight or look into BK. So let me keep this short and sweet as I can to make it easier for all of the super awesome folks here First off I am divorced, no kids. Ex wanted to be debt free, thats why she left, so I settled for taking debt and a lump sum Spousal Support paid over 9 months of $20K (last payment in March) I work 100% commission and last year was unique and I made $135K. (Worst time since I got divorced and she saw the money signs ) Typically I make around $85K. But my job can be gone in an instant... So here is my story- Owned a retail store for 7 years. Went under after I couldnt service debt. Stopped servicing all debt 4 years ago (Jan of 2009) . Was just sued this weekend by a JDB for Chase- Might fight, All debt is in my name (not incorporated), but unless noted it was for business use. here is what I am up against: (Debt is approxiamate) 1) Bof A Card- $20K- Chargeoff- last payment no later than 1/20/09 (possibly earlier) 2)Chase $20K- Chargeoff JDB- last payment no later than 1/04/09 (possibly earlier). Sued me on 1/23/13 3)US Bank Credit Line- $20K- Chargeoff- last payment no later than 1/20/09 (possibly earlier) but had an account for another month. 4) Patelco Credit Union- $8K- Personal- This one is weird...IMMEDIATE after 45 days late-charge off, no JDB...never heard a thing 5)Student Loan(Not Federal) Key Bank- $85K- Personal-Not sure if this was charged off- last Payment was probably closer to Aug 2008. School took the money and I only used about $15K when I asked the bank for help they said tough I really dont care if they see a dime. 6) Dell Computer- $3K- This was overlooked at the time last payment was more recent 2010- Probably should settle 7)So Cal Edison- Crazy story...really is. Disputed with Equifax and Experian- $1200 The rest are not on my credit report 6) Supplier for my business- $125K (I think they would settle for $15K, and I would do that for them)- But if they knew I was going BK they probably would ask for full amount plus interest 7) Loan from my dads old business to try to keep me afloat- $50K (retired now) 8) Previous Landlord- $8K I Rent so these are my only assets (my wife cleaned me out before she left last March): Truck- $4K Motorcycle $3K ( I ride every week...dont want to lose it) Car- $26K (Loan of $26K on it got it to build credit) Misc $3500 Bank Account -$10K (most of this will end up with my ex as spousal support) Heres the tricky part.... I invested in a company to hide money from my EX when things were going south and I knew she would make a money grab. I have about $100K in Stock certificates in my name and my fathers (as collateral for the money owed from his business). The company is exploding and these could be worth 2 to 10 times more in next year...Its not worth it to give them up in a BK so this is why I hesitate exploring BK. Technically I invested $100K but its up over $200K in value.bankruptcy So my question is, Do I have a case? Ive gotten my credit score back up to 600 and eventually want to get a house. Do I make too much? should I just fight my current lawsuit and settle the rest when I can? Ideas...thanks in advance!!
  6. I still want to look at fighting it only because $175K of the debt I want to pay back partially anyway. Its really just my credit cards and Student Loan (Which the money was stolen by the school....long story, but The bank paid the school without my concent) I want to settle with eventually. I work on commission and I have averaged about $90K a year over four years, but made $130K last Im afraid a court might think I can pay a lot of it back. I just dont want a court ordered $100K settlement or something crazy that I am paying on for years. But definately appreciate the advice.
  7. This site is awesome, I am really feeling so much less stress since finding it! In 2008 my business failed leaving me in a situation where, looking back I should have filed Bankruptcy. All debt in my name. Currently I owe over $300K in debt, with no assets (only about half shows on credit report). Now I am back on my feet with a decent job (making about 100K a year) in Southern California. I just got served with summons and wonder my options. Here are the details of my situation: 1: Served by Pride Acquisitions (NY) regarding my Chase Credit Card for $39,000. Its a charge off. (Card in my personal name) on 1/26/13 in person 2) Last payment was probably Dec 4, 2008, on original balance of $25K . However it could have been as late as Jan 4 2009 since it was an auto payment out of a business account 3) Credit Card Statement attached to summons was from Aug 2009. I located some statements from 5/08 through 10/08. 4) Only real property I have is a old second vehicle…oddly enough I JUST purchased a car 3 days ago 5) I am on a court ordered payment plan for a Spousal support settlement through April 6) I have never talked to Pride acquisitions , however they have left me voicemails. 7) Summons was filed 1/23/13, however the Lawyer in NY dated it Dec 19th. 8) The account was one of two main used for business and over 6 years 2002-2008 or so (in which I paid over $35K in INTEREST at 27%...crooks) so it will have a TON of charges. I am wanting to clean up my credit and considering a lawyer, however I want to know what is fair and what I can do on my own. My divorce lawyer ended up hitting me with $4000 in fees when I met with him once and ended up settling with my ex the next day. He only met with me for an hour and wrote the settlement which looked like a template. It seemed very excessive, so I am a little leery of being ripped off. My questions are: Im assuming I should first File an answer. There are 14 points. Do I go point by point (pld 010) or just do a general denial? (PLD 050). Do I need to send a proof of service in California? Can I mail it, or do I need to go to the court? Should I try and get it thrown out? Should I also file a BOP? If I get a lawyer what are reasonable fees? Can I sue them back to cover the fees? There are 6 out here that do it. One said he deals with Pride LLC all the time. My concern is if I settle or get a judgment, this may start a windfall of creditors hitting me up. Plus I think I make too much to file bankruptcy now. Thanks in advance everyone