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Found 33 results

  1. I would like to post regarding my situation. I would appreciate any advice that can be given. I have recently been told that I have a garnishment that will begin in about a month from now. I was taken aback because I have been attending to my credit reports for the past couple of years very closely. I have fair to good credit scores and I never saw anything pertaining to bad debt. I began searching for what the issue was. I went to the court house where this originated. In the whole process I have found: A credit card was charged off in 2006The "placement manager" for the credit card company did an affidavit stating that something is true and correct (there is no additional documents to see with this affidavit)A complaint was filed and a summons issued in March 2006I was allegedly served in April of that same year; HOWEVER this is impossible because I did not live at that address at that time. And I have documentation from my former landlord to support this.A default judgment was ordered.This year, 2013, the lawyer signed an affidavit to serve my job (not me)There is a proof of mailing (mailing what? I don't know because there are no other documents with it). And also they mailed it to the address from 7 years ago again, although they should have had my address from my job.The lawyer and circuit court clerk signed a "renewal of judgment" in May 2013. Apparently there is no need for a judge for this.A suggestion of writ of garnishment was signed and issued in August 2013.My thought is that it should be thrown out due to: Statute of limitations (3 years in MS) No due process (I was never served)However, the few lawyers that I have attempted to contact basically say that it is my word against the service processor and do not want to take the case. Even though I have a statement from my previous landlord. Some have also said to file bankruptcy. I have decent credit through my own diligence and trying to resolve anything on my credit reports. I know that both bankruptcy and garnishments wreak havoc on credit scores. This whole situation seems wrong. But it seems like I cannot find anyone to help.
  2. It's been a while since I attempted to repair anyone's credit; I started with mine and then did some for friends and now I'm starting on my fiance's. After pulling all of his reports and reviewing them and asking questions, it dawned on me that starting the credit repair process might also invite a lawsuit from creditors and collection agencies. For instance, if you DV a creditor or a collection agency on an account that is still within the statue of limitations according to the laws of your state, might you invite them to sue you? I'm in GA where new case law has set CC debt and auto loans for one, at the 6 year limit. My fiance's is wanting to start over but it in a precarious situation because several of his debts are within the SOL. He was actually served on one but the case was dismissed due to the fact that they could not locate him. So I'd really like to hear from the experts on this and perhaps make this a sticky like "How to reduce your chances of being sued while in DV" or something like that if think it is important enough. Thank you!!!
  3. So I was just smacked in the face with information that National Collegiate Trust has gotten NCO FInancial to attempt to collect on a defaulted student loan from me. First of all, I don't even remember taking this loan. I was an irresponsible prick my first time in college and I drank way too much so my memory is not the best. However, they are telling me that I got a private loan from Charter One (I believe through the education resource institute) and the check was sent directly to me, which I cashed. Now, this was in 11/2004. However, I also have vague memories of my father attempting to help me with this and getting a plan together in 2008. They say one payment was made 4/2008. This is not listed in the NSLDS database. My other current loans, which I pay, are. How do I find out for sure if this is federally guaranteed or not? If the last payment was made 4/2008 and it was not federally guaranteed then the SOL would be up in May of 2014, right?
  4. So I was just smacked in the face with information that National Collegiate Trust has gotten NCO FInancial to attempt to collect on a defaulted student loan from me. First of all, I don't even remember taking this loan. I was an irresponsible prick my first time in college and I drank way too much so my memory is not the best. However, they are telling me that I got a private loan from Charter One (I believe through the education resource institute) and the check was sent directly to me, which I cashed. Now, this was in 11/2004. However, I also have vague memories of my father attempting to help me with this and getting a plan together in 2008. They say one payment was made 4/2008. This is not listed in the NSLDS database. I believe they said it was a ALPLN. My other current loans, which I pay, are listed on NSLDS but this isn't. How do I find out for sure if this is federally guaranteed or not? If the last payment was made 4/2008 and it was not federally guaranteed then the SOL would be up in May of 2014, right?
  5. I have an outsanding student loan in California from 1986 which ECMC is now threatening to sue me on.. I do know that student loan statute were removed by the congress a few years ago, does this apply retroactively in time ?
  6. Another Law Firm, Weltman, Weinberg & Reis is attempting to collect on a repossessed RV with the original creditor being US Bank. This is the 3rd attempt to collect on the debt, dating back to June, 2009. The debt has been charged off per my credit report. The type of contract was a "Retail Installment Sale Contract." I live in California and I believe the SOL is 4 years from the last payment, which was June, 2008. I have followed the Debt Validation strategy for the previous two attempts and the CA's ceased attempts to collect. For the current CA, I sent the initial DV letter and they acknowledged receipt of it and sent to me a letter (via non certified mail), despite the letter demanding that all future correspondence be made via certified mail. This letter only contained a copy of the Retail Installment Sale Contract and nothing else. There was no referencing to the SOL or any other references as are asked for in the 1st DV letter nor was there any required action on my part. I am tempted to send my 2nd DV letter indicating that it has been 30 days since my first letter was received and there has been no correspondence via Certified Mail as the letter demanded. How should I finally address the SOL matter. Have the SOLs on this particular contract expired? And if so, at what point and what correspondence do I send them to let them know that this is now Zombie Debt? What is the best course of action?
  7. Okay, I've been doing some reading on the Statute of Limitations for CC Debt and am a little confused about the length of time before the SOL runs for specific situations. Lets say a person lives in State A with a 5 year SOL on credit card debt. The person moves, during the same month of the default, from State A to State B, which has a 4 year Statute of Limitations. The person remains in State B until 4 years have elapsed. Are they afforded the affirmative defense protection that the shorter SOL offers them? What about the governing law of the CC Agreement and any referenced Choice of Law phrases? Thanks in advance for helping to clear this up for me.
  8. First, let me say thank you for all the helpful posts I've read here over the years. It's been almost two years since I've had to deal with any of this, but now find myself needing some advice again. Between 2-4 years back, I settled on nearly $75,000 in debt for just under $15,000. All but one OC worked with me. One debt, from GE Money Bank (which I'm not even sure was mine and may have belonged to my ex-wife, but was reported under my name) was my biggest problem. Funny thing is, it was one of my smallest debts, at under $5,000. GE Money Bank wouldn't work with me to settle and then sent account to Midland Funding, via Love Beal & Nixon. Multiple attempts to validate the debt were met with bogus and non-specific information. I got scared and almost ended up in BK, after getting the notice of lawsuit. That's when I got serious and ran across these forums. Your help and guidance completely changed my attitude and confidence. I fought back and responded to everything they sent me, filing paperwork in the courthouse several times. The waiting game was intense. About a week before my court date, I received a Dismissal Without Prejudice. I was happy with that because at least I could breathe for a while. However, nearly two years later, I'm finding that Dismissal Without Prejudice is not enough. I live in Oklahoma County, OK. I did a deed in lieu of foreclosure on my house nearly 4 years ago (lost job, divorce, all the major sob story points). The house sold about a year later and now I'm eligible to buy a house again (as of last December). Good news, but with all my credit blemishes, this one is standing out as the biggest red flag. I still have a decent overall score of 670, which isn't bad, but all the other dings are adding up. I really need to have this removed from my credit report. So, back to Dismissal Without Prejudice. I received the Dismissal Without Prejudice in Spring 2011, nearly 2 years ago. Can I file a Motion to Dismiss with Prejudice now? Or is that case closed and I'd have to open a new case? I believe that I'm passed the original statute of limitations for this account. My credit report says that my last payment for the OC was October 2009. State of Oklahoma is 3 years for non-written contract and I can't imagine they could produce a written contract. Even so, I think that if I could simply file a Motion to Dismiss with Prejudice on the same case, that would be simple enough. I worked with my bank to request that the debt be validated or removed. However, they told me today that Midland has placed a "Cease & Desist" on the entry and it can't be changed without the "Cease & Desist" being removed first. Is that even possible? I called Midland and asked why the C&D was there and they told me that I had requested the C&D in writing. That's not exactly true. I requested they C&D calling me, unless they could provide adequate documentation, proving the alleged debt was actually mine. They are using the C&D for personal contact to create vexatious litigation against my credit report. My first inclination is to write Midland directly requesting, yet again, a validation, and if they can't produce the validation, to immediately remove the credit agency report. Or, of course, if I'm allowed to file a Motion to Dismiss with Prejudice, that would be easy and I doubt they'd even pick up a finger after the reams of paperwork I requested the first go-round. Any ideas or thoughts? Thank you from the bottom of my heart for your help! Burci