LadynRed

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LadynRed last won the day on November 24 2009

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About LadynRed

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    Diva Extraoirdinaire!

core_pfieldgroups_99

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    Nashville, TN

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  1. Hello.  

    Re: bankruptcy deletion.

    I recently read an article, that said the only way a CRA can verify a bankruptcy is by linking an account (tracks?) on the credit report back to the bankruptcy.  None of the items on my credit report were around at the time of my bankruptcy.  Does that mean it won't verify?  How should I handle it?

    Thanks!

  2. Nice update on the forums , long overdue.
  3. Ok, it's Monday... did it get pushed back again?
  4. If it were me fighting these scumbags, I could see going that route, but my sister would never survive in court on her own, she doesn't have what it takes to even begin to wade into it. Since she's in NY and I'm in TN, I can't exactly help her by going to court with her should that happen, and she can't afford a lawyer. The OC is Target, utterly useless people. Given what she sent them on the scam, they COULD have done a real investigation, but they basically ignored it all. The account was charged-off earlier this year, so they've washed their hands of it. There are some issues with the 'timely dispute' part, she waited months, but it took her that long to admit that she'd been scammed and was in trouble, when she finally asked for help. Right now, she needs to invoke her rights and we'll have time to put together the information on the fraud for the continuation of the dispute to get out from under this mess.
  5. My sister is having to deal with Upton & Slamowitz for a debt that was due to telemarketing fraud. She was taken for a good bit of money and the OC just would NOT do a proper investigation when she contacted them about it. Their 'investigation' was perfunctory and quite pathetic, despite volumes of proof they were sent that it was a complete scam and utter fraud. The Secret Service investigated these telemarketing scumbags, and the AZ AG has recently filed charges against multiple shell companies and numerous people involved in the whole racketeering scheme. Soo.. I'm going to help her with the DV and this whole nasty process. I have to get caught up myself, it's been quite a while since I was into this kind of swamp. Any info or insight etc. on this CA and their current practices? I like to be prepared (Wonder what happened to "Cohen".. used to be Upton, Cohen and Slamowitz?? )
  6. Excellent, just what I needed. I need to brush up so I can help my sister deal with a CA.
  7. Wow.. so sad, much too young He will definitely be missed. I learned so much from him.
  8. Technically, the car was included in your bankruptcy, regardless of the reaffirmation. Post-bankruptcy, the voluntary repo is probably a bad idea, it can go on your CR as a repo.
  9. SOL in VA is 5 years, as is ID where SHE lives.
  10. From CreditSlips - http://www.creditslips.org/creditslips/2010/12/new-rule-requires-that-colelctors-disclose-that-a-debt-is-time-barred.html New Rule Requires that Collectors Disclose that a Debt is Time-Barred Not too surprisingly, people are less likely to want to pay a debt that they can no longer be sued on. This fact has caused one state to require disclosure that a debt is time-barred, in order to comply with the state's unfair practices act. More specifically, the New Mexico Attorney General just released a rule requiring debt collectors to determine whether a debt is time-barred and to disclose this fact when collecting time-barred debt in New Mexico. The rule defines time-barred debt as "any debt that is not enforceable in a judicial proceeding because the applicable statute of limitations has run."A copy of the final rule, as well as the Attorney General's statement regarding adoption of the rule, is available here. For a little more information on how this came about, see this article by UNM psychology Professor Tim Goldsmith and I. We are thinking a few other states might follow suit.
  11. They cannot sue you again over the same debt - that would be the civil equivalent of double jeopardy, "res judicata: one can have only one trial for claims arising from one transaction or occurrence.". They would, however, have to go thru further legal proceedings to renew the judgment AFTER it has expired, rather than just filing papers to renew an existing judgment.
  12. Greed got the best of them.. now you can only get a true FICO score from FICO. From the horse's mouth:
  13. They ARE properly reporting it is 'included in bankruptcy', and they don't appear to be listing any amount due - so where's the violation?? I don't see one here at all.
  14. If you still had more debt than assets when those debts were settled, you were already, technically, bankrupt (insolvent), so you still may not have any additional liability for those 1099-C's.
  15. That's not a good idea. You can't keep secured property w/o paying for it - and it's not a 'free' car because the credit union still holds the title - and they always will. Call them to come get it - or have it towed to their location, leave them the keys and walk away - it's THEIR vehicle!