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  1. Hi everyone, I did a search on the forums and was unable to find a scenario like mine. If there is one and I missed it, I apologize in advance for overlooking that. When it comes to my question, it originates from a medical debt collection started in 2011 that, as far as I know, came from me breaking my hand in 2010 and being of legal age. Although I signed all of the medical documents, my parents were going to pay the medical bill as I did not have income to pay for it because I was a full-time student. With that said, my parents accidentally stopped paying the debt (I believe it was being paid for on a charge card and they received new cards), and it eventually ended up on my credit report, resulting in around $1600-$1700 in debt. So, why am I worried about it now that it is almost 2.5 years away from being removed from my credit report? It is because I have a flawless credit history outside of this collection and I honestly want to correct this "mistake" so I can continue on with having my "perfect" credit history. Now that I am graduating college and am possibly looking at moving out soon, I want to be able to have a clean-slate and not run into any issues with my credit history. I am also looking at applying for another credit card or two as my credit score is slightly above 700. Now my question to you friendly folks is this, I have read about settling and seriously pursuing the "pay for delete" route because that is the best case scenario for me, but where do I start?. I have the money to offer a sizable settlement amount, but I do want to try to settle for as low as possible as I know they buy the loan from doctors for pennies on the dollar. As a side note, this debt is still owned by the original CA that filed the delinquency back in 2011. Do I send a letter of validation even though I believe the debt is accurate and all of the notes match up with the original source of debt (the hospital)? If I do and I receive confirmation, do I offer 20% of the debt and work my way up from there? Do I run the risk of having them "reset" the SOL if I try to settle for a pay for delete? I am very serious about getting this removed, and am willing to spend generously if that's what it takes, but I'd rather start low and work my way up from there. This was what I was thinking about saying when I call them, "Hi, “name" I was hoping to be able to speak with someone about being able to settle a collection on my credit report. I inherited debt that I did not know was not being paid, and am hoping to be able to make it right and come to an agreement. As a result of this agreement, I am hoping that we can also agree that this will be a pay for delete settlement and you will contact the credit agencies to have this derogatory mark removed." If you made it through this post, I want to say thank you very much for your time and hope that you can provide me with any advice on how to approach this situation. Having this removed from my credit report would be absolutely amazing for me and my mental "well-being."
  2. Please help me reword my discovery answers and find better ones. In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements? 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sean Hadican, #56131 Arturo A. Hernandez III, #59684 Clinton P. Woerth, #53825 Shelley R. Porter, #59294 Counsel for Plaintiff Arturo A Hernandez III, #59684 showed up to first date. A different lawyer showed up to one court date. He said he was paid to attend by the law firm. 3. How much are you being sued for? roughly 1600 4. Who is the original creditor? (if not the Plaintiff) BANK OF AMERICA / FIA Card Services 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so as the Sheriff served it Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Cannot remember 9. What state and county do you live in? Cole County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I do not know. 11. What is the SOL on the debt? To find out: 5 years in MO Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Have recieved Plaintiff's first discovery. Had two court dates. Third scheduled. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, should I? 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Responded on time to complaint with answer. Received discovery, have roughly 20 days to respond to that. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Complaint included: Complaint on the basis of account stated Affidavit Bill of sale without attached spreadsheet, no mention of name A credit card statement addressed to me, but does not include charges only a balance. Servicemembers relief act status report (not in armed forces) DISCOVERY (redacted, names account numbers and case numbers by deletion which may result in some incomplete sentences or answers) REDACTED DISCOVERY ANSWERS AS I UPDATED THEM ALMOST ENTIRELY
  3. This is a must watch behind the scenes video for anyone receiving debt collection calls: http://www.insideedition.com/videos/3437-watch-dirty-secrets-of-debt-collectors
  4. http://www.nationofchange.org/2015/04/10/debt-collectors-or-pick-pockets/ Notably from this article New York Attorney General Eric Schneiderman found that the San Diego-based firm filed nearly 240,000 lawsuits against debtors in a recent four-year period, using our courts as its private collection arm.
  5. I came across this site while searching for answers to my problem. I am hoping someone can point me in the right direction. Yesterday I got a call from an attorney's office, looking to collect on a debt that I knew nothing about. Turns out it is for a family member who I cosigned a student loan with a few years ago. They defaulted (unknowing) to me, so this attorney company is looking to collect from me. They told me that I was responsible for it now that the other person didn't pay. This particular loan isn't on my credit report, but, under the law, am I legally responsible for it? When I talked to them I told them that I didn't know about the loan. They asked my about 20 times if I was disputing it. I didn't give them and answer either way, because I didn't know what to say. It seemed like they were adamant about me saying that I was disputing it. They kept saying they will have to validate and send me some letter or something. But I’ve been reading about this particular law form, and they are known to “send letters” than never make it to their intended targets, then win default judgments or summary judgments against people who don’t fight back or show up. Can someone please advise me what steps I should take next? The loan amount is $7500.00. As for now I have only talked to them over the phone, and I have not said I was responsible for the debt, and the co-signer has also spoke with them, he didn’t admit to anything either. If the next step is that they send a letter, how do I make sure it actually comes to me? Do I need to send them some sort of certified letter stating what I want? Please help!!
  6. From what I understand, after repossessing your car, the original lender must send you a Notice of Redemption and an Affidavit of Defense. But I never received one from the original lender, and they only want correspondence through mail. How do I write a letter demanding a copy of the letter of repossession? It is integral to proving that I could not have made a payment after the car was repossessed. I did not pay a debt collector afterwards. Thank you.
  7. Bank of America is being forced to hand over more than $1 million to a Florida couple after the bank flooded them with hundreds of loan collection calls for years – the latest example of alleged behavior that has cost the bank tens of millions. Full story: http://abcnews.go.com/US/couple-wins-1m-suit-major-bank-outrageous-robocall/story?id=27542208
  8. Greetings, Obviously I am new to the site and seeking a little bit of direction. 3 weeks ago my girlfriend, whom I live with, received a summons from someone stating that I was being sued by Capital One (the Plaintiff). The debt is true ($1,300) and they have included a copy of my last statement as evidence of the debt I suppose. I have been researching on how to proceed since this is my first incident like this. Most of what I have seen has said that it makes no sense to not do anything, since I will automatically be forced to pay the debt plus incurred fees and interest, as well as be vulnerable to wage garnishment et al. What I'm looking for is what to do next. Do I bother contacting a lawyer? Do I enter a judgement on my own? Should I try to negotiate with Capital One outside of court (I feel like this will make me look weak and they will pursue all charges)? Thank you in advance for any help here.
  9. i stopped paying American Express in 2009 after some financial difficulties. Since then, they have sent at least 3 collection agencies after me. I have sent them all Cease & Desist letters ifnorming them of my rights and for them not to call me. NAtionwide Credit harrassmed me first calling me after I told them not to. . A company called First Source Advantage, acting on AMEX behalf called me 10/29/13 after I told me not to call me at work. That was the third time they called me at work. I also sent them a letter in 2013 telling them Not to call me anywhere. Last week, they called my Brother(who has his own separate AMEX account) looking for me. I took the number (8774430144) and spoke to AMEX and told them not to call my brother looking for me. Yesterday they called my brother again on his cell looking for me. I have in the last 4 years sent letters directly to American Express, First Source Advantage, and Nationwide Credit each informing them of my rights and if they needed to communicate with me, then they needed to do so by Mail. I filed a compalint to the CFPB earlier. This is very frustrating and am considering taking action and wanted to find out my options. I am a resident of NY and believe that I am past the SOL for them to sue and collect. I know there was a recent decision in NY that says that the SOL is from the state where the credit card company is based in and not from my home state. Knowing this, I am not concerned about being countersued. I am looking for a knowledge attorney who can advise me and possibly represent if I decide to pursue action against American Express. Thank you!
  10. Trying to advise my friend on how to proceed with CC collection lawsuit from Capital One. This is in Maryland. The complaint form for court shows attorney signature and address. In the section where it shows "application and affidavit in support of judgement" shows a check mark that 'itemized statement of account' is attached, but there is no signature or date at bottom of form for affiant. I mentioned this to my friend and he was wondering if that is needed because lawyer signed a section of the complaint elsewhere and since an affidavit is attached. Looking over the Affidavit and googling the Notary, it appears the Cap One employees are playing tag team and alternating who 'plays' the role of notary and who claims to have knowledge of the debt. Their names alternate in different documents Ive found in other CC Debt collection cases. So I am wondering two things. Is the complaint valid without actual date and signing of affiant ? Is this a clear act of robosigning and bad faith by notary/employees of Cap 1 ? Thanks.
  11. Great reporting on a difficult subject. Debt collectors are bad enough, but to be harassing the family members of people who just passed away is awful. Thankfully, this end of the industry is beginning to clean up its act. Please see: http://www.vox.com/2014/8/27/5978351/inside-the-practice-of-collecting-money-from-dead-people-deceased-collections?utm_medium=social&utm_source=facebook&utm_campaign=voxdotcom&utm_content=wednesday
  12. Recently there have been several recordings released by Comcast customers showing how terrible their customer service is. The latest and possibly most shocking shows Comcast customers aren't the only victims of Comcast. This is what happens when a customers service representative actually tried to help a Comcast customer. http://www.funnyordie.com/articles/2a44da5246/leaked-recording-what-happens-when-a-comcast-employee-actually-tries-to-help
  13. Fascinating story regarding the seedy underworld of debt collectors, debt brokers, and those who finance them. Paper Boys: Inside the Dark, Lucrative World of Consumer Debt Collection Source: New York Times, Aug 15 2014 http://www.nytimes.com/interactive/2014/08/15/magazine/bad-paper-debt-collector.html?partner=rss&emc=rss
  14. Hi all, I received a debt collection notice from a JDB for an alleged debt with Comcast. The notice was dated 7/4/14 with an offer of settlement at 80% of the alleged debt. It should be noted that I rarely if ever mention the name of a party in my posts. In this case, for this particular company, I'll make an exception. I responded with a debt validation request pursuant to the FDCPA, and sent it CMRRR. The JDB received it 8/1/14. They provided no information from Comcast that validated the debt, no proof of any account - not even dates of service. Instead, the JDB responded with an identical copy of their original invoice, with the same settlement offer of 80%, now dated 8/5/14. I know the bar for validation is low, but this seems too low. Does a duplicate of the original JDB's invoice without even the dates of alleged service constitute validation? I don't owe any debt to Comcast. I've lived in communities where Comcast Cable TV was provided free to the community (as part of my lease payment or monthly maintenance payment). At some point in time, approx. 5 or 6 years ago, my company had high speed internet service with them, but it was a business account, and was paid and closed. The present billing dispute is in my name personally, not my business name. My primary question is did the JDB "overshadow" in violation of the FDCPA by sending me a second invoice before I was given 30 days to investigate the first invoice? If they received my DV letter on 8/1/14 and sent out a second invoice 8/4/14, it would appear this is the case. However, 31 days separate the dates of their two invoices, so they may argue they did not overshadow. When exactly does the 30 days time period to investigate begin? I am considering invoking the arbitration clause in the Comcast Agreement, filed in my County's public records. I can't stand this company, and would enjoy the proposition of making them pay thousands of dollars in Arbitration fees over a small billing dispute, and then FDCPA damages if I prevail. I could sue, too. Any thoughts on this? Did they overshadow? Did they validate? Does the least sophisticated consumer standard apply? P.S. Anyone reading this with a billing dispute with Comcast, please read your contract for services. It likely contains an Arbitration clause which they've inserted to try to avoid class actions. However, it does not prevent the consumer from invoking arbitration for their individual dispute, and forcing Comcast to pay the arbitration costs.
  15. Can one law firm pass a debt to another law firm and 2nd one claim they got from OC? The 1st law firm replied to a DV letter I must of sent to them and then I never heard anything from them again. They responded with one statement to validate. The second law firm filed suit. So in essence they purchased this from the 1st law firm and not the OC?
  16. http://www.creditcards.com/credit-card-news/charged-off-debt-collectors-1282.php Great article on the amount of interest debt collectors can charge Notably this paragraph The U.S. Fair Debt Collection Practices Act says collectors can add fees or interest only if the amount is "expressly authorized by the agreement creating the debt or permitted by law." That requires having a copy of the original card agreement to prove the interest is permitted, consumer advocates argue.
  17. Recently I discovered that midland funding bought an OLD debt that the SOL ran out. In PA it is 4 years. Midland HAS NOT contacted me HOWEVER they: 1. Re-aged the date of charge off from Sept 08 I was smart and kept a copy of my credit report from 2011 (HBC charge off date) to a new date that they called date opened 3-22-2010. essentially they just put this on my credit report until 3-2017 when it should go off in sept 2015. 2. the original amount was for 11 grand but they inflated it to 25 grand. 3. The Statue of limitations in PA is 4 years, therefore it expired and cannot be collected as of September 2012. Can someone please advise what first steps I can take. I do not want to kick a sleeping lion. Should I let it go until the real drop off date is supposed to drop off.
  18. Approximately a month ago a collection account appeared on one of my credit reports. I did not recognize the alleged debt, or the collection agency. I disputed with the credit bureau, and it came back verified. I sent a DV to the collection agency, who immediately violated the telephone cease and desist language and called me. The guy identified himself as an owner, but would not give a name, and claimed they were not a collection agency, but "passive debt buyers." I think this is the new mantra among junk debt buyers who are trying to circumvent the FDCPA, and other consumer protection laws. I strongly suggested they delete the item from my credit report, and reminded the guy that his call was deemed collection activity, and posting the collection account to my credit report was, too. I also suggested that since they were not licensed as debt collectors in Florida, or any other state, unless they ceased collection activity I would sue them in federal court. A few choice words later, he hung up on me. Twenty minutes later, I received a robo call from a party with the same small town area code with an automated voice identifying themselves as a law firm, with an urgent matter to discuss with me. Since then I've received half a dozen similar robo calls on my cell phone from this "law firm". At least they claim to be a law firm - I can't locate any law firm with their name. Let's assume for now they really are attorneys. While I know attorneys can be held to the FDCPA, my cease and desist was to their client, not the law firm. Are the attorney's calls in violation of the cease and desist and FDCPA? Can an attorney use robo calls, or are they violating the TCPA?
  19. New York State's Chief Judge has set new rules on debt collection cases. Great changes that should be adopted nationwide. Please see: http://www.nytimes.com/2014/05/01/nyregion/top-state-judge-tightens-rules-on-debt-collection.html?_r=1
  20. Lots of CIC meat in these 69 (!) pages. Note: this paper is a draft. Jiménez, Dalié, Illegality in the Sale and Collection of Consumer Debts (December 5, 2013). Available at SSRN: http://ssrn.com/abstract=2250784 or http://dx.doi.org/10.2139/ssrn.2250784 Dalié Jiménez: "Associate Professor of Law and Jeremy Bentham Scholar, University of Connecticut School of Law. Former Policy Fellow in the founding staff of the Consumer Financial Protection Bureau, where Ifocused on debt collection, debt relief, and credit reporting. This paper benefited immensely fromcomments from participants at the 2013 Law & Society Comparative Household Debt and Insolvencyworkshop and at the Junior Scholars Workshop at the University of Connecticut School of Law, inparticular, Dan Schwarcz and Patricia McCoy. Many thanks also to the UConn Law Faculty andattendees at the Faculty Workshop Series. Many thanks also to John Tonetti, Peter Holland, JimGreiner, Doug Spencer, and Rafael Pardo. The views expressed herein are my own. Any mistakes aremine."
  21. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  22. When Health Costs Harm Your Credit By ELISABETH ROSENTHAL, NEW YORK TIMES MARCH 8, 2014 LIKE most people, I am generally vigilant about paying my bills — credit cards, mortgage, cellphone and so on. But medical bills have a different trajectory. I (usually) open the envelopes and peruse the amalgam of codes and charges. I sigh or swear. And set them aside for when I have time to clarify the confusion: An out-of-network charge from a doctor I know is in-network? An un-itemized laboratory bill from a doctor I’ve never heard of? A bill for a huge charge before my insurer has paid its yet unknown portion of a hospital’s unknowable fee? Full Story: http://www.nytimes.com/2014/03/09/sunday-review/when-health-costs-harm-your-credit.html?partner=rss&emc=rss&_r=0
  23. Gotta read the fine print- There was a radion show on CBS KNX LA about some consumer attorney trying to fight this via a class action suit http://www.creditcards.com/credit-card-news/agreement-purchases-repossessed-1276.php
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