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  1. Hi everyone. Long story short I was served few weeks ago by a firm representing LVNV in small claims court. I filed my answer but due to some health issues and other personal problems I haven't been able to contact them to make arrangements before recently. I also wanted to scrape together a small lumpsum to offer to pay in good faith. I called and they wanted my pay frequency, take home pay, etc in order to see if anything less than balance would be accepted. I wasn't entirely comfortable giving that out and I told them I'm happy to make a payment via money order and work out arrangements for the remainder afterwards but didn't feel comfortable giving out financial info. Honestly the questions felt like I'm giving them a direct path to garnish me.They were a little rude about it and hung up abruptly after saying I could think about it and call back. I feel so defeated. They said unless the balance is paid in full before court date (next week) they'll get a default judgment and I'll be garnished and responsible for court costs etc. Person I spoke to wasn't the attorney if it matters. They didn't even give me the chance to ask and talk to them. I'm not sure what to do. I don't have the balance to give them. I'm struggling as it is. Any advice is appreciated!
  2. I've gotten about 2 calls from an area code that is associated with my county (they even somehow got my dad's cell phone number and called him as well, not sure how that is even possible) in the past week from some Anthony Telesco at CRS & Associates. The first message (June 2) he left me was informing me that some files were placed in his office regarding some failed bank transaction(s) and it had my name, date of birth, and social security on it or whatever, urged me or my attorney to call him back at said 844-249-2890 number and he pretty much hung up. He called again today and left another message and this is the voicemail word for word: Second service of notification for the respondent XXXXXXXXX, this is Anthony Telesco calling again from the offices of CRS & Associates in regards to case number XXXXXX. We have been attempting to reach out to you and due to your negligence in responding, we are required to review this matter further, I just wanted to make sure you have all the necessary information before we do so. Verification of your employment has been determined at XXXXXXXXX. We do need a call back either from yourself or your attorney today, it is Tuesday the 6th 844-249-2890, my direct extension is 371. Facts: - I am unemployed, I have no place of employment. - The place of employment he mentioned.. is an old username I use to use to make some kind of income (streaming) - Have not received anything in the mail about.. well.. anything. - He never mentioned any kind of attempt to collect a debt. (has whatever this is gone past that stage?) I've called the 844 number that he mentioned in the voicemail and it brings me to some answering machine that says no one could pick up the call and to visit their website at clearviewresolutionservices.com (I thought CRS & Associates was trying to contact me?), you'd think it would be an automated type of deal where I could use Mr. Telesco's extension so I could leave a message but it does not. I also called the number that he called me directly from and that number is associated with some Legal Services Claims department (no company name, just.. Legal Service Claims Department) and the machine asks me to leave my name, number, and whatever other important information. Of course, I'm not 100% sure what this claim is about and I really don't want to call. I got a phone call a few months ago from some lady (you could tell it was a recording) telling me someone was going to stop by for my signature and gave me some claim number on something that was filed against me and yada yada and I completely ignored it (no one came to my house either). I can't find any information on CRS & Associates, the 844 number, the number Mr. Telesco used to call me, there's just no information on anything. Has anyone else experienced something like this? My parents are old and they're flipping the freak out on me and I had to tell them that it's probably just a scam..
  3. So about 8 months ago I was served by Citi or the company representing them ( The Moore law Group) for a debt I owed the credit card company in 2018. Anyways since I was nervous and wasn’t too familiar with what to do next, i didn’t want to continue being sued so I contacted The Moore law group directly and agreed to make payments on the full amount owed. I didn’t know I was able to negotiate. The question that I keep having is what happens when I finish paying off the debt? Will it show up in my credit report as paid off? I have asked multiple times and they tell me they don’t report to the credit bureaus and they give me numbers to contact CITI bank but the numbers I call always leads me back to their department. So I’m worried if my payments are even going towards my debt. Does any one have any helpful advice on what I should do.? Thank you in advance.
  4. I recently received a letter from Phoenix Financial Services notifying me on their intent to collect on some old medical debt. The accounts were previously handled by a different collections agency, and I noticed that out of the blue the accounts dropped from my credit report I check weekly. I also noticed that my FICO score provided by my Discover card went up 90+ points after the collections fell off my report. The date of service for each of the debts listed in the letter range from 05/20/2011 to 07/08/2011. I live in the state of Florida and here the statute of limitations is either 4 or 5 years (through my research I've encountered both numbers). According to the letter, I have 30 days to request a validation of the debt in writing. My question is regarding the statute of limitations. What date is used determine the age of the debt for the purposes of qualifying whether it is in or outside of the statute of limitations. I know I have at least another 2 years for this debt to fall off from my credit report on its own, however, within that time frame I would like to have my credit be as polished as possible. I would be open to negotiating with the new agency before they report to the CRAs, but I would like to see where I stand on the statute of limitations issue for the purposes of bargaining power. Thank you in advance for your help.
  5. Hello, I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close to it. This debt has gone through a few collection agencies so it's not even barclay that's suing me, they sold my debt a while ago. I have read that I need to send a DV letter initially. My questions: What should the letter say? How can I verify when my last payment to Barclay was? They locked my account so I cannot see any transactions. After I send the letter, I'm sure those money hungry jerks will respond. What do I do after that? How can I drag this out to the 4 year mark so the debt falls off? Does it actually "fall off" my credit or stay on it as an unpaid but closed debt? Any help will be appreciated Thank you kind souls!!
  6. Hello, I am being sued by Resurgence Legal Group. I answered the summons within the 30 days timeframe. I denied all allegations and requested for debt validation with the following information: A copy of the original application with my signature for the alleged debt How much was the debt purchased for? Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this fate falls within state usury limits. They responded with: Below is an explanation of this account. Our clients records indicate that the account was a Wellsfarro back with an account number of....The account was opened on or about...and was charged off on....The last payment on the account was made on about...At the time of charge off, you account carried a balance of...the account now carried a total balance due of... The debt was purchased by Resurgence Capital...The last known address as to where builling statements had been sent, in addition to the social security number under which the account opened. To verify, the last four digits of you social security number are... Address of original creditor is Wellsfargo... This response does not answers the questions that I answered with. I sent a follow up letter asking for the information that I originally requested. And is still waiting for a response. However, they sent me Form Interrogatories, Plaintiffs first set of requests for admission propounded on defendant and a wellsfargo card agreement (that you can print from their website). 1st question: Do I have to answer his form interrogatories, and admissions requests. 2: How do I beat this case? I have an idea that my mother opened this card since we have the exact same name and she knows my social and she has opened accounts in the past under my name. 3. What do I ask for in the case management conference? I appear for case management conference tomorrow and I want them to validate debt to show that it wasnt me.
  7. Hello, I just received a Pre-Legal Notice from Credit Corp Solutions. Basically the letter says that due to a lack of response they've placed the debt with their pre-legal department and it may be referred to an attorney. I did some research and found that this is a standard intimidation letter and they have actually been sued over this here in California. Some back story: This account was charged off in March 2017 and sold to Credit Corp Solutions. They first contacted me shortly after. Something that's interesting is that they actually listed the debt as being $700 more than the amount that the original creditor said was owed when it was charged off. Does anyone have any advice? I'm hoping that I can get away with not paying this company anything because I hate collection agencies.
  8. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $2,237.74; 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) yes 6. How were you served? (Mail, In person, Notice on door) mail and in person 7. Was the service legal as required by your state? I think so not 100% sure 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? nothing that I can recall the lawsuit started in 2010 9. What state and county do you live in? Indiana Deleware 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown 11. When did you open the account (looking to establish what card agreement may be applicable)? Unknown 12. What is the SOL on the debt? To find out: 6 years Statute of Limitations on Debts 13. 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). Process of them trying to get a wage garnishment. https://public.courts.in.gov/mycase/#/vw/CaseSummary/eyJ2Ijp7IkNhc2VUb2tlbiI6Inl3enNLb0VJY1hvbXVMTG4xLVo0dGNhM3FFS00wcWljcl9HSEhSZWdKcmcxIn19 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No just recently found out that I could request that and I have filed a request. 16. 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? Received interrogatory on wages I am unclear if I need to fill it out or my Employer needs to fill it out. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There has been NO evidence filled in conjunction with this case. I am just needing any kind of help in this matter. I do know it has been in the courts for 10 years now with no payments ever made on it. So I am unsure if there is any kind of Statue of Limitations on this once it hits the court. I have attempted to go in front of a judge myself (no money for lawyer) to get it dismissed and the judge did not even listen to what I was trying to say. request.docx exhibit a.docx
  9. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number) scheduled for (Date 2021) at 08:30 AM in (Courthouse Name) A Not Held - Vacated by Court on (Date) I would attach the entire letter with all pages. But, I'd just like to ask based on the status update on the courthouse website if this case has been dismissed? Do I have to sign anything and return the letter to the courthouse? This is the first time for me to have to deal with something like this and am completely lost. I can attach the letter edited if it will help to explain in detail. But, thank you in advance for your help.
  10. Like others on this board, a law suit was filed against me however, I have yet to be served. I too am using the case number to monitor the case, however, I learned today (9/17/19) that on 9/10/19, a Proof of Service was filed an in it the server testified that he saw me, spoke to me and that I verified my identify by verbally responding that it was me when he asked me my name. He has a date and time stamp of when he supposedly served me, however this is completely false. I have my google maps that show I was not at home at the time he claims he served me - in fact, I was driving. I don't have funds to pay or even offer a settlement so I am treading carefully. My hearing seems to be dated for 2020 - is that right??? In any case, can the case be dismissed based on false proof of service? Thank you in advance.
  11. Hi everyone! I was served with a Civil summons for a flex loan I defaulted on from Advanced Financial in TN. Can anyone tell me what to expect? I've never been to court in my life. I stopped paying because I don't have the money, and won't have the money now either, although I would have it at tax returns around May. Will these people work with you? Let you do a payment plan or a later due date? I'm 90% sure that I don't have any disposable income, if I do it's not much, so they wouldnt be able to garnish my wages much, if at all. The only thing of value I own is my 2005 Ford. Will they try to take my car if I can't pay right then? I thought I had more time before my court date, but it's this Tuesday. (Yay for procrastination!) I tried to call their debt collections lawyers office Friday, but did not receive a call back. Sorry if I've posted this in the wrong forum. Just really trying to get some advice before I go in Tuesday morning. Thank you.
  12. I hired a lawyer to represent me and to try and have 2 small collection accounts owned by different collection companies removed from my credit report. Both of them I could pay in full if required and my intention are to negotiate the best deal that improves my credit score. One company has told my lawyer that they do not remove record of collection from the credit report, and the other has not responded to my lawyer yet. I am wondering which scenario would be a better option for my bank account and credit score which is in the mid 600's right now. 1) Ask my lawyer to negotiate harder for the removal of the collection based on full payment. 2) Negotiate a lower amount with those not willing to remove collection account from credit report. 3) Pay in full and accept the terms of the collection agency. I am not sure or experienced in how much a full payment vs lower payment would affect me with my credit and current scores. Also I am wondering if the contact initiated by my lawyer resets the report date and extend the time it remains on my credit report? Thanks in advance for any helpful advice you can give!
  13. (Forgive me if I haven't had enough time to search for all the right answers in the vast amount of resources this forum has to offer! I may have limited time or already be out of it! I am also seeking an attorney this week.) I am living abroad out of the US and have been possibly sued by a bank or through a debt collection agency being assigned by a bank. I have a number of questions! 1. The file date says 1/3/2020. If I have 30 days to respond, does that mean I have until 2/2/2020 or is it the date that I have been served? Because that leads me to my next question... 2. Aside from publication, there is a high chance that I have not been served properly because I have been living and working abroad for many years. If that is the case, should I file a motion to vacate based on improper service on my own or should I hire an attorney to file it for me? Is it a simple form or template I can find and type / mail myself to the court? 3. If it turns out that I am being sued by a collection agency, (similar to the question above) should I request for the validity of the debt to the court on my own or hire an attorney to do it for me to due the existence of the court case? Below is the current status of my case. I have a number of questions about the updates. ------------------------------ Status: Pending 4. Does this mean that the actual case has yet to be approved? 01/2021 at (Time) in Department (Letter) at (Address) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) 5. What does this mean in simple terms? Does this mean that the next step or hearing is in 1/2021? (Date) Declaration Declaration of Non-Service; Filed by: (Bank Name) (Plaintiff) (Date) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) scheduled for 01/2021 at (Time) AM in (Address) at Department (Letter) 6. What does this mean in simple terms? (Date) Case assigned to (Name) in Department (Letter) (Place) (Date) Complaint; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Civil Case Cover Sheet; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Summons on Complaint; Issued and Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) 7. What does this mean? Does this mean that the plaintiff served me? (Date) Order to Show Cause Hearing/Trial Date (Rules of Court, rule Number Code); Filed by: Clerk (Date) Notice of Case Assignment - Limited Civil Case; Filed by: Clerk (Date) The case is placed in special status of: Collections Case (Number Code) ------------------------------ Of course, I will be asking these questions and more to an attorney. But, I'd just like to get some feedback and answers while I am looking for a lawyer. Thank you so much for your help.
  14. Hello dear friends. I am another one that has been caught in the claws of portfolio recovery for the amount of $3164.43. Complaints are "Account Stated" and "Open Book Account". The lawsuit contained Exhibits A and B which were a statement showing the last payment made (which was returned by the bank) and also a final statement showing that the account charged off. This is being done within the legal time frame. So far I have submitted a general denial with an Assertive defense of "Lack of Standing Because No Debtor/Creditor Relationship" to the court which has been stamped and I have made copies of each and sent the documents off to Hunt & Henriques in California (the lawyers for portfolio) along with A BOP with respect to the "Open Book Account" claim. Phew. I'm burnt out and I am awaiting my letter containing a trial date. My question is, what are my odds of being successful? Should I have just hired a lawyer? is it too late now? Does anyone have a reputable lawyer in California that wont gouge me? You're all I have right now!
  15. I received a complaing from Midland by regular mail. I talked to a lawyer and he said it may be better to settle- debt us inder 3k I still have time to answer the complaint, but I sent a debt validation letter and they responded right away with a statement copy form original bank and bill of sale from original bank to them, Midland is the 2nd JDB, previous collector was Oliphant. Wells Fargo- original creditor and Oliphant reported on credit , now Midland reported with higher figure( fees interest I assume) I never received in writing anything before from therm ever, I have robo calls from an 866 number with all hangups, no voice mails that I now see is their phone number on private voice mail account that I have saved and was a buisness telephone line used . What should I do? Fight or settle?I dont really have the money even for payments and I hear even settle for less they may not be able to remove from credit report as the credit reporting agencies do not like that pay for removal. Help! Also one thing I know is that this was reported to my credit report before they sent the summoms compliant and they never validated the debt prior to sending me a complaint. Not till I received the complaint, I then sent a validation letter. I received a reply to a DV letter I sent when I got a summons from Midland- They sent me back a copy of a bill of sale with their signature and wells fargo EVP of operations signature on page 2, on the 1st page it says Bill of Sale-MY NAME OR ACCNT NUMBER IS NOT ON THIS BILL OFSALE, They blocked out in black Outstanding Balance of Accounts and Number of Accounts. Another doc they sent me was a statement with my name and address from a year ago or a bit more and attached to that important info about your account. Are these docs from them sufficient to make them valid on their side?
  16. I’ve been reading several posts regarding collections from Capital One Bank. And my story is no different. I’m needing advice on what I could do next. First, I was NEVER served my summons by an officer of the courts, I was mailed a few attorney advertisements and attached were the summons. Immediately I got scared, and researched how to file my answer, which I did, as of November 15th. I have no legal representation so I’m defending myself “pro se”. Before this summons came about I was taking steps in repairing my credit, and I sent my first rounds of letters to all three bureaus. Since then, I had the summons in the mail, and I filed the answer, I’ve finally heard back from one of the bureaus which states that Capital One has charged my account off, and it’s states, “Account closed by Credit Grantor Account previously in dispute- Now resolves by data furnished” what I’m assuming now is that my account possibly is no longer owned by Capital One, which means that I might be able to file a Motion To Dismiss because the Party has no legal standing to being this case forward. Will that be accurate? My next thought was that I should request a chain of assignment to see if Capital One Bank does in fact still own this debt. Which is the best option moving forward. There is still no set court date, although I do believe it’s approaching, I found that the plaintiffs attorney had paid the case fee of 165.00 to the courts, so a hearing is coming shortly. I need to get ahead of this and work on proper defense.
  17. https://jalopnik.com/how-a-subprime-auto-lender-consumed-detroit-with-debt-a-1829527899
  18. In question is a debt of $12,000 from an old Citibank card, junk collector Cavalry SPV is now pursuing me. I have answered all of their requests and interrogatories and attended a pre trial conference May 2. I believe I caught them offguard as they assigned a new local lawyer that very morning. At the Pretrial I denied everything and the Cavalry Lawyer kept badgering me for my birthdate and social security, I simply stated you guys should already have this and know who I am. Long story short, the Judge asked Cavalry as to where is the signed contract? The Cavalry attorney stated here is 100’s of pages of statements, 4 years worth showing plaintiffs name. The Judge (luckily a notorious anti-junk debt judge) again, smirked and asked, again, where is the signed contract to show the defendant is the owner, the Cavalry Attorney sat silent. To which the Judge scheduled yet another pre-trial in June. Being a novice pro se, I immediately the next day filed a request for production, the first request was to “produce any credit application signed by the defendant”. Today I did indeed receive a response to my request that states, “Objection the request calls for the production of documents in excess of the two year record retention period set forth in CFR 226.25 Plaintiff states that it is not in possession of any document which may be responsive to this request.” So now my question is, do I wait for the next pretrial and see what the Judge says, or in the meantime file a more definitive motion ? Their evidence is 4 years of credit card statments from 2008-2012. Card charged off in 2012. What is the best course of action?
  19. I just received a letter from ADP (the payroll people). I am being garnished for a debt I have no knowledge of. Here are the facts of the case: 30-April-2018 I received a letter from ADP informing me of garnishment by Levy Law Firm, on behalf of Pioneer Services a Division of Mid-Country Bank? I googled and looked up the case on the Fairfax County General District Court website. Indeed there is a case!!!!! Not much detail except that there was a case filed on 23-June-2017 and a Default Judgment was awarded at the civil hearing on 21-August-2017. The amount is over $6,000 and they were awarded an additional $1,200 for attorney fees and 6% of $3,400 in accrued interest!!! I triple checked, this debt is NOT located on any of my three credit reports?? Fast forward to 9-March-2018 a Garnishment case was filed and my employer was indeed listed on the bottom of the screen as the garnishee. I live and have always lived in Cleveland, Ohio. This case was brought before the General District Court of Fairfax, Virginia. The address they have listed is an address I am absolutely not familiar with in Virginia. I have never lived there! Under how service/process it says "post" for this mysterious Virginia address. I've never once received a letter or phone call or subpoena at my home address in Ohio. I am looking for any help! Where do I begin!
  20. Hey everyone, I am looking for guidance on next steps. I opened my first credit card living in South Carolina with Capital One in college, it had a $10,000 limit (I'm not sure how, I knew nothing about money) and maxed it out and forgot about it. I can't remember when I started receiving calls and letters about collections, but eventually I told my mom about the debt and she suggested I ask for a hardship thing which I did. Interest and late fees stopped, and again I forgot about/ignored the debt. I checked my credit score a couple months ago and saw that it had jumped like 300 points overnight, and found that the Capital One account was no longer on my report, and naturally I was elated, thinking I was forgiven and that I had gotten out of this alive. A couple months later when I checked my score, It was down like 100 points and the new account on my credit score was Portfolio Recovery Associates to the tune of $11,383.67. I began receiving letters again a few months ago, now living in Virginia. I received a letter dated 3/26 that my account has been transferred to litigation department, "at this time, no attorney within the litigation department has personally reviewed the particular circumstances on your account." It appears PRA has purchased my account because Capital One is listed as "seller." I have not responded to any letters or spoke on the phone to anyone regarding this account in years. My guess is that this is within the statute of limitations (6 years for both South Carolina and Virginia), however I don't really know when I stopped paying the credit card bill, probably sometime in 2014. I make very little money (working on it though), have no property except a car which I still make payments on (Capital One Auto Finance), and cannot realistically even settle, their offer for a one time payment of $7,968.56 or monthly payments of $758.91 (I know that it is not advised to make payments to a collections agency) as I simply cannot afford these rates. I don't have a record of these letters (simply threw them out) or of the original credit card details (when I opened it, when I stopped paying, etc.). This is my only debt- no student loans, outstanding bills, etc. aside from my car loan (which is in good standing). Can I even send a debt validation letter? Initial correspondence was a long long time ago. Would they sue me? I don't think I'm a good candidate for wage garnishment or property seizure. I had a rough couple of years in college and after and have been working on cleaning myself up. It would super suck to get sued or have to pay a lot of money, mostly because I don't have any. Do South Carolina or Virginia laws apply? Thanks so much in advance for any guidance.
  21. Hi, I hope this is the correct infocenter for my questions. I'll keep it brief! My fiance' was working with his company on an out-of-town job back in 2012 when a temp employee mishandled a crane and dropped a 1,000+ lb table on his leg. Rolling mostly out of the way, the table only caught skin and muscle, causing a baseball sized hematoma on the inside of his knee. The project manager offered him a management position if he didn't report the incident/receive treatment under workers' compensation. Long story short, 3 days of not being able to walk and the issue was brought to HR; HR mandated that he go to the doctor. He was sent home on rest and return to light duty for 3 1/2 months while receiving rehabilitation. The temp employee was let go soon after and my fiance' left the company within a year. It wasn't until a couple years later when we combined finances, etc, that I see the collection on his credit report for a few thousand dollars. He didn't know about it because he never checked his credit, and (I'm guessing) any collection notices may have been sent to one of several mailing addresses that were still mistakenly listed as current on his report. His company appeared to have assumed all responsibility and he was never notified otherwise. We have disputed the claim on his credit reports every year for the past few years, but the "investigation" has traced back to the debt being his responsibility each time. How do they determine this? Are we disputing it incorrectly? How do we get the information for exactly what the debt/collection is for (what charges/services) so we can somehow prove it was the above incident? Who would we take that information to (once we receive it) to get the collection removed? Thank you all for any information and advice you have.
  22. I took out 6 small-ish private student loans (between 3k and 8k), the original promissory notes dating between 2005-2007. All have since been purchased by NCT. They were serviced by AES for years. Once they became due, I paid every month on all of them, to the tune of 19k total between 2009-2013. In 2013, my co-signer declared chapter 13 bankruptcy and--I just discovered last week--he was able to list the loans from NCT on his chapter 13 bk and listed me as the sole responsible debtor. I found out that my co-signer's attorney included the student loans in his Chapter 13 bankruptcy and that they are now listed on his credit report as closed and paid in full, showing all payments paid on-time, which is not the case. On mine, they show as closed and sold to collections, so they've been a negative mark on my report for 4 years. His bankruptcy list of creditors noted that the loans would be "paid by the co-signer," so I assume that's how he got out of them. I had been paying for 4 years on the loans but NCT put them into a default status automatically because of my co-signer's bankruptcy, which is an odd catch-22 for me, since I was paying was and the one who got hit with the default. I only found out they were in default back in 2013 when I tried to make a regular monthly payment and was not allowed to do so. I was informed that the bankruptcy was the reason, but at no point did my co-signer or his attorney let me know this was going to happen, and I never knew he had been able to include them in his bankruptcy. I assumed his status was also defaulted. Is there some legal requirement that his lawyer or NCT should have disclosed this information to me? I also thought I should have been protected as the co-signer and not held liable for his bankruptcy, since he filed Chapter 13. If you think there's a case here, or if NCT or my co-signer's lawyer acted improperly, please let me know. I was shocked that neither my co-signer or his attorney notified me that they were listing me as the only responsible debtor and that NCT basically forgave him the debt, especially since I had made all of the monthly payments on time and was never informed that I was suddenly going to be the sole debtor on the accounts. That situation is what began the credit problems that eventually led to my chapter 7. Largely due to the domino effect of the incidents in 2013, my credit became severely affected and my cards started closing and lowering their limits. I finally filed chapter 7 last year and my credit has been much improved since then, the 6 NCT accounts now charged off and sold to collections, as of 11/01/2013. So, I've just been keeping my fingers crossed that nothing else would happen with them. Wishful thinking. About 2 weeks ago, Weltman, Weinberg, and Reis began calling on the loans and I got the dunning letters last Monday. I have denied knowledge of the loans. I will be sending dispute letters and requesting validation. I spoke with a lawyer who last year helped me win a lawsuit against Portfolio Recovery Associates for FDCPA violations. He suggested standing and the statute of limitations as two lines of defense for my situation w WWR/NCT. It almost seems like all I can do in my case is wait for a lawsuit, since NCT/WWR will be unlikely to produce proof of ownership. Or, if the SoL is 5 years, to hope nothing happens until after this time next year, which seems unlikely. I believe the statue of limitations for written contracts is 15 years, but I've read conflicting information about Kentucky's laws regarding debt, and I've read that generally, most debt is subject to the 5 year SoL, so I'm a bit confused on that. If it were a motion for a judgment I would know a little better how things might go, but with just having this new collection starting, I want to make sure I do things to ensure I don't get more hits on my credit report. I'm kind of sick of taking the fall for this over and over again. Secondly, I'm waiting on a judge's decision for a MTD that I filed for my brother in early 2016. He has been sued by NCT for a loan that defaulted in 2006. We used standing as our reason, as I think 15 years is the SoL, and I believe his co-signer had been making small "good faith" payments on the defaulted loans. NCT answered our motion to dismiss, but the judge made no decision on our MTD for lack of standing. Instead, while we waited for a decision, NCT sent us discovery, which we answered (denied all), and then early this summer, the judge sent a notice that the case would be dismissed because NCT had not moved forward. I'm still curious as to why the judge has not decided on our Motion at all. NCT, of course, submitted a request more time and the judge granted it, so the case is still active and our motion has been ignored by the judge. I'm really confused on both of these NCT situations. If anyone has any thoughts, please let me know. Thanks so much. The knowledge and advice on this forum are the reasons why I've been able to weather so many of these challenges.
  23. 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!
  24. I havent been able to find any definite answers on this question. it seems to me that a collection agency should not be reporting the name of the health care facility .. for example the name of a drug treatment facility...wouldnt that be horribly embarrassing? Aren't they supposed to used specific codes?
  25. Hi All, I just stumbled on a site, blowsparks, that claims to help people defend these collections cases on their own. It looks like they took a lot of advice from this page and the Sacramento Law Library and turned it into cartoons for people to watch. Does anyone have any experience with them? Thoughts? -Chuck
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