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Found 7 results

  1. I just heard from the court that the creditor withdrew his motion for summary judgment. What is next? What will they try to do? Can I file a motion to dismiss with prejudice or will they just look at that and say "What is this for since the case was withdrawn?" Do I need to worry about the creditor renewing their motion for summary judgment? Do I need to worry about the creditor filing another motion? If he does, can I use the fact that he withdrew the motion for summary judgment, against him?
  2. 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
  3. I have hired an attorney to file a lawsuit against a company regarding identity theft/FCRA violations. The problem is that we don't have much information on the company other than address & phone number. According to their website URL, they were an online catalog, but no longer selling items, just maintaining existing customer accounts prior to discontinuing sales. They are obviously actively reporting to CRA's, so is there a public resource to get more info about them? Seems like there is very little info available on them, even general info that can usually be found online. Thei
  4. I am a victim of identity theft, and had filed a report with local police, also the FTC. I requested Experian block a fraudulent account, and provided them with copies of the identity theft reports to support the request. They removed the fraudulent account within a few days of doing this. I had disputed the same fraudulent account with Equifax, and attached identity theft reports as supporting documentation. For 3 weeks after Experian blocked the account, the date reported on this same account was updated 4 times on Equifax. 11/11/2016 I requested Experian remove the fraudulent ac
  5. 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
  6. Greetings, Obviously I am new to the site and seeking a little bit of direction. 3 weeks ago my girlfriend, whom I live with, received a summons from someone stating that I was being sued by Capital One (the Plaintiff). The debt is true ($1,300) and they have included a copy of my last statement as evidence of the debt I suppose. I have been researching on how to proceed since this is my first incident like this. Most of what I have seen has said that it makes no sense to not do anything, since I will automatically be forced to pay the debt plus incurred fees and interest, as well as be vuln
  7. I have read so many different rules about collection agencies and junk debt buyers and their ability to report on your credit report. Ive compiled some questions below specific to my situation. If anyone can give me some insight, it would be helpful. Questions Regarding Debt Collection Accounts (Not w/ original creditors, sold to 3rd parties after charge offs) 1.) Are debt collectors allowed to make repeated hard inquiries to one's credit report? 2.) If a debt collector assigns an attorney to your account, can the attorney make repeated hard inquiries to your account? I've had a "frederic