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Found 16 results

  1. I was sued by a JDB, and properly filed a MTC arbitration. Before the motion could be heard, the JDB filed for a default judgment. Eventually the MTC was granted. Did the JDB violate the FDCPA by filing for default once they knew I was demanding arbitration?
  2. Have you experienced any problems with you student loans from Navient? Were you ever not notified of loans going into default? Did any of your loans go into default without being notified and now your wages are being garnished and you can't get any answers or solutions? Are you getting the run around from Navient and Pioneer Credit Recovery Inc? Did any of your loans from United Student Aid Funds get transferred to Navient or Great Lakes and now none of them are claiming to own your loans and some collection agency is aggressively going after you to collect? If you answered yes to any of the above questions, then please read on. What I do know is that USA Funds (United Student Aid Funds) have changed their name and longer service student loans. They transferred federal loans to Great Lakes. The problem i'm encountering is that Great Lakes told me they had two of my federal loans for a short time but transferred it back to Navient. Navient tells me that they are speaking on behalf of USA Funds, but can't do any modifications or changes to the defaulted loans because they are not the original guarantor . Pioneer Credit Recovery says only USA Funds can change or withdraw the garnishment (do you see the problem?) No one is claiming to own my two federal loans that went into default. No wonder why I was never notified. Now, I have heard from Navient saying they do not have my defaulted federal loans and I should contact Great Lakes. But Great Lakes say they too do not own the loans (like chasing a ghost). When I contact Pioneer, I let them know that USA Funds apparently do not exist and should null the garnishment order immediately, they declined and said they are going off their contract. I let them know since USA Funds no longer exists their contract is invalid and illegal (the whole conversation has been recorded) They didn't seem to care. The really interesting research I did, is that both companies are currently being sued by several attorney generals and the CFPB. And the really interesting part is that both companies are connected (several board members on Pioneer are also board members on Navient). I too currently have complaints in on both companies with the: BBB, CFPB, US dept of Ed, Illinois AG, Washington AG, New York AG. I am asking you that if you answered yes to any of the question above, PLEASE take the time and respond to this post. I think these two companies are starting a new scheme and should be stopped immediately. If there are enough responses and others that are experiencing the same problem, I WILL try my best to start a Class Action. Also, please post this forum on any social media account to help get the word out. Also, just in case someone or some company has this blog taken down and as long as the owner of this site allows, send me a PM or email me your contact info (Name and contact method only) in case this does go to court, I will be able to keep you updated. My email is jblanchettedevery@yahoo.com
  3. Hi All, So I just found out that I have a default judgment (was never served) for a debt I've already paid about 7 years ago. At this point, I'd like to quickest and easiest way to proceed as I have proof that I've already paid my debt through a collection agency (thank God). What I'd really like to do is avoid having to take off from work and going to court. With that being said should I? A. Contact the creditor in writing with the proof of my paid debt? B. Go to court to formally vacate the judgment and fight it? Thanks in advance!
  4. Hi there, I've taken out a loan to attend a private university in the US a few years back. This school has a cooperation with a private, US-based, lending institution to enable prospective international students that cannot find any other forms of financing to take out a loan. In case of the student not being able to make payments and going into default the university is then liable to pay as it basically functions as co-signer. I've been making my payments for the last several years, but now I am encountering financial difficulties that will likely force me to go into default on the loan. That would then mean the university would have to pay the remainder of the loan. As my situation does not look likely to improve over the next few years a deferment may not be an option, so it will likely result in the private university having to cough up the money. Borrowing money from another source is not an option for me as I have no assets to use as collateral. I own a 2nd hand car, re-possessing that would yield less value than going through the whole (int'l) paperwork to get a title to re-possess it in the first place. I do not own any real estate or have any wealthy family, I come from a fairly humble background by US standards. I am NOT living & working in the US and am NOT a US citizen. The loan is NOT a federal student loan and the amount outstanding is less than $100k. What are my options? Can the university get a title against me and possibly re-sell that to an international collections agency? Does it depend on bi-lateral relations? Could it affect me in any way if I were to move to the US at some point in the future? Could I declare chapter 7 bankruptcy in the US? Any other suggestions, possibilities and/or consequences? So far it's not come to this and I'm merely conducting exploratory research. I think the fact that I've actually paid for a few years shows that I'm not trying to run from my responsibilities or get an education on someone else's dime. Hope you can understand that I will not mention the name of the university or the lending institution. Thanks in advance for any and all help & suggestions. xyz12345
  5. A friend of mine in Arizona recently divorced her husband. She just received a letter in the mail from JH Portfolio that is a Subpoena for Production and Copying of Documents. She has no income and no assets other than her car. Her husband is a veteran on disability. He is not paying her any spousal support. If they were ever served...most likely they were...he never told her anything about it. Any advice on what she can/should do at this point? Although she has lived in the US for 11 years or more, married to the same man, she never applied for US Citizenship. She would like to do so now, but is worried about how it will look to have cases filed against her so she would like to clear it up. She is currently residing with friends until she gets her life together. Any help would be appreciated! I looked up her case and found the following activity: 3/23/2016 SUBPOENA P 1 3/23/2016 FUND: FEES - MISC P 1 5/12/2015 DISCHARGE OF GARNISHMENT P 1 4/17/2015 CERTIFICATE OF SERVICE P 1 4/3/2015 WRIT OF GARNISHMENT FILED P 1 4/2/2015 FUND: CONST ETHIC COMM FUND P 1 4/2/2015 FUND: FEES - MISC P 1 2/13/2015 CERTIFICATE OF SERVICE P 1 2/4/2015 FUND: FEES - MISC P 1 2/4/2015 FUND: OVERPYMT FORFEITED P 1 1/30/2015 FUND: FEES - MISC P 1 1/30/2015 SUBPOENA 12/12/2014 CIVIL DEFAULT JDGMNT GRANTED 11/25/2014 MOTION FOR JUDGMENT P 1 9/9/2014 APPLICATION/ ENTRY OF DEFAULT P 1 8/5/2014 CERTIFICATE OF SERVICE 7/15/2014 CIVIL COMP FILED P 1 7/15/2014 FUND: PC JUDICIAL ENHANCEMENT P 1 7/15/2014 FUND: BASE FEES
  6. I have a private student loan through American Education Services. As far as I knew, my loan was in a three month forbearance from Nov, Dec and Jan with my payments to resume in February. When I called last week to get my updated tax information on my student loan interest, I was informed that my loan was in DEFAULT and no longer with the AES office. I was then given about eight different numbers to call to track down who actually held my account and I still have not figured out how it went into default when it was in a 3 month forbearance. But AES won't give me any information because they said they no longer hold my account. The loan was originated through Lexington Student Loan Trust (which I cannot find a phone number to call them!) and is now held by MRS Associates out of New Jersey. Upon doing my research, it looks like MRS Associates is a shady collection agency and I do not want to do business with them if at all possible. But I can not figure out who I should pay for this loan! MRS offered me many, many settlement options but I cannot take any of them at this time. I am able to make the $120 a month payment to them just as I was to AES but nothing more. AES has already reported to my credit report as of yesterday as being delinquent 120 days but does not show as DEFAULTED, which they told me it went into default status on Feb 1st. I DO NOT NEED a $12000 collection account on my credit report! I'm trying to improve my credit, not destroy it more. What do I do? Pay the CA or try the original creditor? I do not want to agree to pay anything to the CA unless they agree not to report on my credit report. I know some places will do a pay-for-delete but I have never tried that. Any help and advice you can give me would be greatly appreciated. I have no problem paying what I owe (which I realize will be awhile before I can pay it off) but I do not want this to destroy my credit even more. Thank you in advance!
  7. I have a private student loan through American Education Services. As far as I knew, my loan was in a three month forbearance from Nov, Dec and Jan with my payments to resume in February. When I called last week to get my updated tax information on my student loan interest, I was informed that my loan was in DEFAULT and no longer with the AES office. I was then given about eight different numbers to call to track down who actually held my account and I still have not figured out how it went into default when it was in a 3 month forbearance. But AES won't give me any information because they said they no longer hold my account. The loan was originated through Lexington Student Loan Trust (which I cannot find a phone number to call them!) and is now held by MRS Associates out of New Jersey. Upon doing my research, it looks like MRS Associates is a shady collection agency and I do not want to do business with them if at all possible. But I can not figure out who I should pay for this loan! MRS offered me many, many settlement options but I cannot take any of them at this time. I am able to make the $120 a month payment to them just as I was to AES but nothing more. AES has already reported to my credit report as of yesterday as being delinquent 120 days but does not show as DEFAULTED, which they told me it went into default status on Feb 1st. I DO NOT NEED a $12000 collection account on my credit report! I'm trying to improve my credit, not destroy it more. What do I do? Pay the CA or try the original creditor? I do not want to agree to pay anything to the CA unless they agree not to report on my credit report. I know some places will do a pay-for-delete but I have never tried that. Any help and advice you can give me would be greatly appreciated. I have no problem paying what I owe (which I realize will be awhile before I can pay it off) but I do not want this to destroy my credit even more. Thank you in advance!
  8. I was served by Portfolio Recovery for a 1300 debt. I planned to answer it but completely flaked out and forgot I only had 20 days, NOT 30 days :/. Today, I realized my mistake, and of course, I'm on day 21. From what I gather, if they pursue a default judgment, I would have 10 days to answer. Is this true in all states? I'm really hoping Ky isn't an exception, but I did see that default judgments don't typically get hearings here. I'm planning to go ahead and file a response first thing tomorrow. Can anyone tell me what to expect? Have I already forfeited all of my options to stop this thing??? Thanks for your help.
  9. Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd – If the defendant does file an answer, the JDB's attorney will attempt to trick the defendant into admitting guilt or into making an error when responding to discovery requests, which the attorney will use to win their case. 3rd – JDB's attorney sends the defendant a CCP 98 (affidavit in lieu of live testimony) that will allow JDB to enter as evidence any documents attached, unless the defendant subpoenas the witness listed in the CCP 98 and files an objection to the CCP 98. 4th – The JDB's attorney, almost always, knowingly lies on the CCP 98 when they say that the witness will be available for service for the 20-days prior to the court date at an address within 150 miles of the court. It has been my experience, and it seems to me that in most cases filed in California, that a defendant has an excellent chance of getting their case dismissed if they simply follow the guidelines provided by ASTMedic in his topic: How I beat Midland in California. In addition, since ASTMedic's case, there have been two excellent cases that provide even more case law to use against the JDBs' strategy: Target v. Rocha and CACH v. Rodgers. Besides ASTMedic's guidelines, I also highly recommend the following two links that this forum lead me to, and which were particularly helpful to me. The first is a little old now, and was prior to Target v. Rocha and Cach v. Rogers, but contains actual filed court docs: http://www.plainsite...sandra-pacheco/ The second is the opinion from CACH v. Rodgers: http://www.courts.ca...ve/JAD14-11.PDF
  10. - Hello, I'm new to this forum but I'm very impressed how helpful everyone is. I'm hoping I can get some advice from some of the experts here. As a real estate agent, I ran into trouble in 2008-2009 and had to give up paying on some credit cards to take care of other family needs. One of those credit cards, a Disover Card, got a summary judgment against me on 7/6/11 for the principal of $9165.78 as well as the filing fee of $230, the service of process for $79.50, the ex-parte of $30 and the attorney's fee of $500 for a total of $10,005.28 and interest accrueing at 12% per annum. They were represented by Krista L. White and Associates in Snohomish County, WA. Though I was served papers, I was ignorant to the process and didn't attend the hearing. In 2010, they totally cleaned out our main bank account of nearly $1000 which I believe is illegal. I don't think they can take everything out of your bank account. Then, last year they tried to garnish my wages, which they did for a month, before my employer figured out the can't garnish wages for independant contractors. Now, they've put a judgment lien on a rental property that I own and would like to refinance. The lender won't refinance the property with the lien on it. I would also like to buy a home in the next couple years, and I don't think I'll be able to with the judgment. A couple months ago, I received a letter from Suttell, Hammer, & White in Bellevue, WA saying that Discover Bank has now retained their firm to collect the debt owed. So, is Discover Card still involved or do the attorneys now call all the shots? My question is, would Suttell, Hammer, and White ever consider a settlement offer in a case like this or will they always hold out for the full amount? I also have MCM coming after me for a $22,500 Juniper credit card debt where they're offering me 70% off if I pay that amount right away. Just from reading the forums, I don't think I'll go for that at this point. Thank you in advance.
  11. So, I defaulted on a secured credit card (It's a CAP1 but was some other company back when I first got it) at the end of 2013. Stupid I know. I'm in the process of cleaning up my credit and this is my next one to tackle. I want to say the deposit was $300 as was the CL. The balance is now at $499 (because of fees, interest, etc.) Acct is charged off, but not in collections so it's the OC that's reporting to my CR. They have not sent me any letters for quite some time (probably since early 2014) I want to DV them to find out what happened to the deposit and perhaps make a settlement for the difference. I've had success when dealing with CA's but I know things work different when it's the OC so I'm not sure how to go about this without screwing things up. Should I dispute with CRA's or should I DV the OC? This is how it shows up on my CR TransUnion Experian Equifax Account #: xxxxxxxxxxxxx* xxxxxxxxxxxx**** xxxxxxxxxxx**** Condition: Derogatory Derogatory Derogatory Balance: $499 $499 $499 Type: Credit Card Credit Card Pay Status: Collection/Chargeoff Collection/Chargeoff Collection/Chargeoff Any insight would be greatly appreciated!
  12. Hello. I am new to this site. Hope someone can help me. I did not receive a summons. Midland funding sent it to my mother's address, and I haven't lived there for years. Also tried to serve my mother and she told them I don't live there. Judge granted them alternate service, but I never received a summons. My mother did not either. My mother is getting older and never keeps track of anything, including mail. As a result Midland got a default judgment against me. Tried to vacate judgment twice, but was denied. Judge said the alternate service was sufficient enough to notify me. Also said, I do not have a meritorious defense. I am going to try one last time to get this judgment vacated. I was going to attach utility bills showing my name and address to show that I did not live at my mother's address at the time of original or alternate summons service. Will this work? My court file shows that the alternate summons was never opened and has "return to sender" marked on it by the post office. Also, for meritorious defense I was either going to say that I have no recollection of ever having the debt and that the debt is not mine. Or, I was going to dispute the amount of the debt. Someone told me that just saying the debt is not mine will not work. Is that true? I really just want my day in court because the judgment amount is ridiculous and I know they bought the debt for pennies on the dollar. I wish I had known to be in court because I know they cannot validate this debt as I have sent DV letters to them before. Tried calling a few lawyers, but they were not helpful at all. Any help would be appreciated.
  13. Hello everyone. I need some help if at all possible. I have a private loan with a small education finance company based in GA. My little nephew was visiting me back in August and early September. He is 3 years old and is really into mail. I just found this out the other day as I was cleaning and found tons of mail stuffed in the room he slept in, behind the bed... under the dresser... it was mostly junk mail but I located 2 bills from my private student loan earlier this week. I was going to call on Monday to make outstanding payments as I am behind 2 months and my third month payment is actually due Tuesday. This company only accepts checks or payment by phone so I couldn't do anything on autopay via internet and it honestly slipped my mind to pay them since I didn't see statements and have everything on autopay. Well today I received a letter from them dated October 1st that states: Dear Scaredycat, Although statements have been sent to you as advisement that payments were due for 8/15/2013 and 9/15/2016, we have not received the payments or heard from you. Soon another payment will be due on 10/15/2013. We consider this matter to be quite serious and requiring immediate attention. The purpose of this letter is to advise you that you and your endorser that if we have not received a payment of $120.00 by 10/10/2013 your account may be declared in default. At that point the account principal balance of $1,700 plus all accured interested and late charges will be due in full. Futher, the account will be assigned to a collection agency or attorney for recovery. They will be given instructions to recover in full your account balance as monthly payments will no longer be accepted. The fact that you and your endorser are in default and have been assigned for recovery will be reflected on the credit reports for both you and your endorser with national consumer credit reporting agencies. Should you or you endorser wish to discuss this matter, it is urget that you call us on receipt of this letter. Otherwise, by the required date, payment should be made by mail or phone using a debit/credit card. I am freaking out. I just got the letter today. I have the funds to pay in full, that isn't a problem, but I cannot have this default or list on my credit as a default/going into collections. I am okay with a late payment or two being on there, but not so much as a default. They are closed today and tomorrow, I have left voicemails and emailed asking them to please contact me immediately for full payment and I explained I only received the letter today, 10/12/2013 and thus the deadline has passed. I am very concerned that this was written off already and I can't catch it and will thus have to deal with collections. What are my options here? What can I do to keep this from hitting my credit as a full default?
  14. Hello I have some questions regarding my student loans. I know there are government loans and private loans. My government loans were garnished until a certain period of time, and then I proceeded to pay them off (on top of my garnishments). The private loans are held through Sallie Mae, and being that they're private they do not garnish. Instead, Sallie Mae has continued to hit me with very high interest rates at which are doubling and tripling my total amount due over the years. I can no longer run and hide, the more I hide the sooner my loans reach $100k mark. I am confused and not sure what to do, it seems if I start paying I will simply be paying the interest for years and years prior to even touching the principal amount due. Onto my question, and I have to ask because I don't know what to do. I have been told by many people that after 7 years and (3-4 months) private loans will fall off of my credit report. I am coming here to see if there is any truth to this and or what I should do to increase my score. I'm financially stable at this point and need to get the credit score addressed immediately for it is affecting many points in my life. If this means tackling the loans head on, then so be it. It will be a long while before they are paid, but if that's what needs done so be it. If you all tell me I should start paying them, will I see a increase in my score once I start making payments? Thanks all, sorry it's so brief but figured you didn't want a long read. Thank you all, if there is any information you need please let me know. Apprecaite any advice you can offer I'm simply looking for the most cost affective and best way to increase my score. Sadly I didn't even finish college due to a job offer at which I couldn't pass up and I am currently still employed with said company. Thanks all
  15. First of all, Thank you for your time & attention! Can someone help me by giving me an example or template for: -Praecipe to Submit Preliminary Objections -Preliminary Objections I took out 3 non-federal student loans to help pay for my undergraduate degree. My dad is my co-signer on these loans. I graduated then went to Asia to get my MBA with Syracuse. Crossing languages & countries- the Plaintiff didn't acknowledge that I was in grad school therefore they did not defer my loans. I have not mad any payment on these 3 loans. I was served papers for a civil action law suit (the court of common pleas) for these 3 loans. The promissory notes were not attached to the papers I was served. I HAVE NOT received a 10 day notice of Default Judgement My dad has been diagnosed with Parkinson's Disease shortly before I was served these papers. My two sisters are in college and my mom works. I need to take care of my dad. Summary judgement against me should be avoided if possible. **I need help with the Preliminary Objections! I need to file ASAP because its past the 20 days**
  16. I didn't make a payment on a Perkins loan from 2004. I knew about the loan shortly after leaving school and ignored it. After moving numerous times in the last 7 years, I forgot about it. I recently applied to go back to school and discovered that it is now in default with a CA and I cannot obtain more financial aid until it is consolidated, rehabbed or paid off. Original balance was $500, now something like $1,100. The loan was from the term 9/04, adding in 6 month grace period and 270 days of no payment, plus 7 years (on credit report), I have calculated it to come off my credit report this last month 12/12. Problem is, the first date of delinquency is listed as 2/09 on CR. I will be requesting DV later this week with CA, because so far my attempts to find out the total balance from OC and CA have been fruitless. I want to go back to school ASAP so I'm wondering what would be my quickest way to settle this. I was thinking of disputing the first date of delinquency with the CRA's. Since rehabbing the loan would require 10 payments over 9 months, I would rather not wait this long. 1. Since it is a student loan, will the listing for the OC and CA come off my CR after 7 years if I successfully dispute with the CRA's? 2. After getting these items deleted from my CR, if I make a payment in full, will the negative listings go back on my report for 7 more years? If it would, is there anything else I could do that I'm not thinking of? I'm not against suing if it would help.