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A new case was published today by the Appellate Division of the Superior Court in Southern California. It follows Target Bank v. Rocha and reverses a trial court judge who thought Target v. Rocha was wrong. Here is a link: http://www.courts.ca.gov/opinions/documents/JAD14-11.PDF I will post the official citation when we get it. Kudos to Ian Chowdhury, a NACA member in Southern California for doing such a good job.
Being Sued By TD Bank USA, NA
Doitright posted a topic in Is There a Lawyer in the HouseMy wife was given a summons in my name today after saying yes she was my wife. I just now get it and find I have to be in Court on April 1st 8am. I know of the debt and want to pay it but couldn't pay till yesterday. Can I settle at a pretrial conference? or can I settle this before that.? I really don't want to pay more than my debt.
Summoned and Husband is Overseas + More
sbal posted a topic in Is There a Lawyer in the HouseSued by: Midland Funding via Target Amount: $5617.36 (charged off with Target at $3500.00) Current state: Arizona I was summoned yesterday and was told that my husband would have to appear in court also (unless he's active duty military). He used to be military and now works as a contractor overseas and I only see him 4 times a year for 1 month at a time. What's going to happen? He's NOT able to come home unless it's within his approved days. This debt was charged off before we married. Does that make a difference? Update: Searching through, I've figured out this answer. It doesn't matter when the debt happened, the state is going after both of us. Also, I'm looking into the Discovery Process. From what I understand, it's asking them to produce documentation that they own the debt. I've heard they rarely have all the needed paperwork and the case gets dropped. Do I ask for this in my answer letter or is that separate? In the event of the case getting dropped... does that mean that the lawsuit is over and I no longer have to pay or just that the lawsuit is dropped? With my husband working overseas, paying this off was our goal come December. I'm not looking to get out of the defaulted loan - just the lawsuit. Thanks in advance!
Great news, I was sued by Erica Brachfeld and finally got the case dismissed once they got a look at my MIL!! Thanks Homeless--your Dec in Sup and the MIL were all I needed to send them running Only lasting question is that the case was dismissed WITHOUT prejudice. Is there anything I can do to make it dismissed WITH prejudice? Best of luck to all of you still fighting. Use Target v Rocha and you'll have more than a fighting chance. Cheers!!
Need help with debt validation advice
melsplac3 posted a topic in CollectionsI have been lurking around on this forum for a month or so, and have been trying to learn as much as I can. Frankly, it is all very confusing to me, and I am very intimidated by fighting anyone in court, but have not giving up on that option. Let me start with a general background. I got a divorce about 5 years ago, and bought a house after the divorce. Had to use the credit cards for moving expenses and for repairs on the house (it was a foreclosure and everything that could go wrong, went wrong). I realized about 2 years ago that I was getting into deep debt and was in trouble, so I closed all of my accounts (except for Discover). I then called the credit card companies and got on a payment plan with 2 of them. One (Target) would not work with me and would not lower the interest rate or put me on any kind of payment plan, but 2 of them did. I then paid on all of them for the past 2 years on time. About 8 months ago, my business took a nose dive. Sales pretty much dropped off overnight. I started robbing my savings account to pay these credit card bills. Well, about 5 months ago, all the savings were gone, so I had no options other that to stop paying these cards. I have 4 credit cards that I had to stop paying sometime in August of this year. So, it's only been about 4 months since my last payment to all of them.The total combined debt to all of them is around $25,000. I have been considering bankrupcy, but hate to do that for fear of having to sell my house. I have a house with a mortgage and a used car with no payments. Currently not behind on my other bills, because I stopped paying the credit cards. I do not have the funds to settle with the credit cards at all. I have nothing left other than my house and the car. BTW, I live in TN. A couple weeks ago, one of my credit cards (Target National Bank), sent me a letter saying that they were going to place my account with a law firm for further collection efforts. Today I get a letter from that said law firm (Patenaude & Felix) saying that I had 30 days to dispute the debt and recieve verification of the debt or they may just obtain a judgement and mail me a copy of the judgement. Now, I am still getting bills from the original creditor (Target). Got one on the same day as I got this letter from the law firm, as a matter of fact. So, my question is, do I still go ahead and go through the process of debt validation when I'm pretty sure that Target has not charged the debt off yet? I mean, I'm still getting bills from the original creditors and it's only been 4 months. If I do validate with the law firm, I would say the chances are high that they would be able to validate everything that I ask of them. What do you think? Do I still send the validation letter? I was thinking that they wouldn't threaten to sue for awhile, so I am kind of taken off guard here. Any advice on what I should do would be appreciated. Please understand that I am not the brightest bulb in the box, so don't follow along quite as quickly as others.