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Good evening, I'm so glad I found this forum and hoping I can get some insight on how to handle this legal issue. I just received a priority letter (attached) from Discover stating that if I do not contact them by April 30th, they will obtain a lawyer to collect. The $3,000 debt has incurred fees and is now sitting at $3,600. Last year prior to having no choice but to let the debt go, I had an automatic payment plan setup for $60/month which was fine for a little over a year until I had medical problems. I knew that would be out of work soon so I picked my poisons and decided to pay off my smaller debt credit cards which are now in perfect standing, and let the larger Discover card debt go. Here it is a year later and I'm unemployed but going to college full-time. I have zero income and will need to take a student loan next semester to finish paying for my degree. My question is, I've read a little bit on here about arbitration and curious what that is, how it could help and if it's a good option for me. If so, how do I begin that process? My next question is, I've read about them possibly garnishing my bank account for payment. Since I plan to take a student loan next semester (August), will they take my student loan money?? I really need to complete my degree so I can get back to work and earn income lol. Thank you in advance!
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Ok so I'm new to this process and when I discovered I could "e-file" I envisioned uploading a few pdf files before midnight... it's now 6:24pm and midnight is approaching before I'm technically judgement-eligible... Can I call the actual debt-buyer tomorrow and settle (lump sum) before the attorneys have the chance to file to enter judgement and garnish wages, etc? If so, what document do I request from the debt buyer to prove the debt is cleared to the courts? Just a $0 balance? Would I still be liable for the fees the lawyers accrued for filing the suit? Thanks,
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I've been living in Florida for 8 years now. I've built my credit up to just under a 700 score. Not great, but I've made a lot of progress. About 2 years ago I started getting really proactive about it to the point that I check my credit report at least every other week, and there have been no judgements or collections on my credit report in that time. Today (2015) I got paperwork in the mail from my bank stating that $4,652 from my savings account was put on hold by an attorney because of a judgement that was filed against me in New York in 2005. This included (from what I understand) 10 years worth of interest. I had my Mom go to the courthouse in New York to obtain a copy of my file and she was able to verify that the judgement from back then was legitimate. So they are collecting on it from me now, 10 years later, and several years after the judgement has already come off of my credit report. If I owe it, I owe it. It's going to really hurt me financially, but it is what it is. I just don't want it to harm my current good credit. So my question is; when this is all said and done and the attorney finalizes getting the money from me, will this somehow pop back up negatively on my credit report? Or because the judgement has already come off of my credit report years ago, he just collects the money from me and that's the end of it?
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On 12/02/2014 a Writ of Garnishment was placed on my Wells Fargo account. I live in Wisconsin and the Writ was served at a Wells Fargo branch in Austin TX. There was an Judgement in which I was never served nor I had knowlegde of. I filed Chapter 7 on Dec 19, 2014 and I faxed, emailed, phoned and mailed Wells Fargo Legal Department a copy of the Notice of Chapter 7 filing. The Writ was for $2,900. Wells Fargo had taken out $5,700 in which my account was zero out. I was told they sent the money to Wells Fargo Attorneys. Wells Fargo had kept garnishing my account after knowing I filed Chapter 7. I had child support deposted into my account in which Wells Fargo had garnished as well of a bank fees that brought my account negitive. After filling complaints with Consumers Protection and BBB, they sent me a letter stated they released the child support deposits on Jan. 6, 2015 and will not hold any other funds in my account . I filed a motion to vacate the Garnishment in Texas but the judge did not rule only set a hearing on 8-2015 for "Notice of Intention to Dismiss For Want of Prosecution" I was living in Wisconsin when the lawsuit was filed but the judge said a notice was place on the door of my last known address in which my daughter resides and judge said she could have told me about it. What are my options ? I would like Wells Fargo release my funds or any suggestions would help.
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Great NY Times article on how to become a lawyer's apprentice, and then a lawyer in many states without going to law school. A fascinating part of the story is, John Adams, Chief Justice Marshall, Abraham Lincoln and Thomas Jefferson never went to law school. They all learned the law as a "lawyer's apprentice." Please see: http://www.nytimes.com/2014/08/03/education/edlife/how-to-learn-the-law-without-law-school.html?action=click&pgtype=Homepage&version=Moth-Visible&module=inside-nyt-region®ion=inside-nyt-region&WT.nav=inside-nyt-region&_r=0
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In September 2013, I received a letter from my employer's HR department advising me that I would be garnished for the next 2 pay cycles due to a writ of garnishment that was filed in 2009. Attached were court documents from Oregon, where I used to reside....with my ex-wife. The documents were addressed to myself and my ex-wife at an address I am unfamiliar with in Oregon, although I can assume the address listed is where my ex-wife lives. Because I don't talk to the ex, who did lots of nasty stuff leading up to divorce, I didn't fight the issue and just let the thing be done. The account was an old dr's bill from 2008. We were divorced in 2011. Apparently "we" were served back in 2009. I did not know this. Any and all collection efforts were news to me. This entire bill was news to me when I received this letter. Long story short, the CA successfully obtained a writ of garnishment as well as a judgment in both of our names. The judgment is now paid, but I want this "public record" off of my credit report. I called an attorney friend today, who practices in Oregon, and asked his thoughts on paying an attorney to file a Motion to Vacate based on some loophole or whatever. He said that would be difficult in Oregon, but suggested I contact the CA's attorney and offer to pay any "fees" the Attorney would incur in exchange for lifting the judgment. I located the attorney's name on the paperwork that came with my garnishment notice, but was shocked to find out that he passed away one month after my account became paid/satisfied in October of 2013. I just called the CA to inquire the name of the attorney they now use, and they told me they would not inform me of that. They also told me that this would be a small claims court issue and they do not have the power to remove the judgment....it's public record, blah, blah, blah. Anyone here have Oregon law knowledge that can offer me hope for any legal strategy to remove this paid judgment? Is there any legal loophole that I can use to get rid of this?
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Here is a link I found while researching issues on my case: http://www.volunteerlawyersnetwork.org/files/Motions%20to%20Vacate%20Default%20Judgments%20Tips.pdf Mine isn't default, so it's not too helpful for me. But for too many people, default is their first notice that they've been sued.
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Gentlemen/ Ladies, Any debt collection attorney/ FDCPA attorney in/ near downtown Los Angeles, Arcadia, San Gabriel, Pasadena, Monterey Park, area? Please send PM / or left your username here. My situation is 1 case JDB debt collection Vs. me @ superiorcourt of california; 2nd one FDCPA Me Vs. JDB at federal court downtown Los Angeles. Will discuss in detail in person including how you are compensated if taking over the cases. Million thanks.