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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I file a motion to dismiss with prejudice or will they just look at that and say "What is this for since the case was withdrawn?"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?

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!

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. Their activity on my credit reports started in 2013 until recent. I am willing to pay if necessary to get a report on them due to the nature of violations, and would like to get a better idea of who/what we are dealing with, also if they have similar complaints from consumers. I know this would normally be public record if there was civil action taken, but don't know if they always did business under the info we have, or something else. Based on their reporting to the CRA's, it appears they know little to nothing regarding their obligations under the law, or they simply don't care. That is not just coming from an angry consumer, but based on facts. Thank you in advance for any suggestions or advice.

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 account due to identity theft 11/17/2016 Experian report showed account was deleted 12/1/2016, on Equifax fraudulent account/debt showed date reported 11/23/2016 12/3/2016, on Equifax fraudulent account/debt showed date reported 11/02/2016 So the date reported went backwards. How does this happen? 12/04/2016, on Equifax fraudulent account/debt showed date reported 12/03/2016 12/07/2016, on Equifax fraudulent account/debt showed date reported 12/06/2016 On 12/5/2016 I filed a complaint with CFPB against the creditor that reported the fraudulent account (which they have never responded to), and 12/7/2016 I called the creditor because I was quite angry at this point. After the account was removed from Experian, my score had gone up 69 points, and it was obviously damaging my Equifax score significantly. I had been denied credit due to this account specifically (denial reason said high utilization/over credit limit, and this account was reported as charge off for more than the credit limit that was reported for the account, I had no other accounts that this was relevant to). When I called this creditor the 1st time, they could not find the account in their system, and told me to call Equifax, so I did. Equifax then told me to call the creditor, so called them again. The creditor finally located the account, and admitted to me that they had received the police/identity theft report (Experian sent to them as a result of account being blocked) on 11/29/2016. So this account was updated 3 times on Equifax after they apparently received the identity theft/police report, and Experian had already blocked it as of 11/17/2016. Aside from all of this, the same creditor had reported conflicting information for the account between EX and EQ (payment dates, number of payments), so they obviously aren't concerned about complying with the law. What I'm trying to figure out is, who is at fault? And how does date reported go backwards in one case, unless it was done manually, then corrected the very next day? It almost looks like this was done intentionally. When the date went backwards, they corrected it on their own the next day, but I had not contacted them about it or bring to their attention. I know there are FCRA violations here, but I'm confused as to who is responsible for what. The police report totaled 73 pages for my case, and this has been a process from hell. I simply expected the creditors/credit bureaus to fulfill their obligations under the law, and that is really all identity theft victims have to rely on when recovering from the chaotic aftermath of this crime. Filing a police report only gives more credibility to a victim's claim, but they can't do much more than that. This is not about a lawsuit and getting paid, its about holding those accountable to the law that is there for these very reasons. Thank you in advance for any suggestions or advice.

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 – If the defendant does file an answer, the JDB's attorney will attempt to trick the defendant into admitting guilt or into making an error when responding to discovery requests, which the attorney will use to win their case. 3rd – JDB's attorney sends the defendant a CCP 98 (affidavit in lieu of live testimony) that will allow JDB to enter as evidence any documents attached, unless the defendant subpoenas the witness listed in the CCP 98 and files an objection to the CCP 98. 4th – The JDB's attorney, almost always, knowingly lies on the CCP 98 when they say that the witness will be available for service for the 20-days prior to the court date at an address within 150 miles of the court. It has been my experience, and it seems to me that in most cases filed in California, that a defendant has an excellent chance of getting their case dismissed if they simply follow the guidelines provided by ASTMedic in his topic: How I beat Midland in California. In addition, since ASTMedic's case, there have been two excellent cases that provide even more case law to use against the JDBs' strategy: Target v. Rocha and CACH v. Rodgers. Besides ASTMedic's guidelines, I also highly recommend the following two links that this forum lead me to, and which were particularly helpful to me. The first is a little old now, and was prior to Target v. Rocha and Cach v. Rogers, but contains actual filed court docs: http://www.plainsite...sandra-pacheco/ The second is the opinion from CACH v. Rodgers: http://www.courts.ca...ve/JAD14-11.PDF

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 vulnerable to wage garnishment et al. What I'm looking for is what to do next. Do I bother contacting a lawyer? Do I enter a judgement on my own? Should I try to negotiate with Capital One outside of court (I feel like this will make me look weak and they will pursue all charges)? Thank you in advance for any help here.

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 "frederick j hanna" lawyer make three hard inquiries in a period of 2 weeks. 2.) Should a debt collection account be listed as an OPEN account or CLOSED account on one's credit report? 3.) Shouldn't these collection accounts be under "Collections" rather than open/closed? 3.) Should the 'Date Opened' reflect the month/year that the collection agency acquired the account from the original creditor? 4.) Should the 'Balance Date' reflect the initial balance after acquiring account from original creditor OR should it be the updated balance indicating when the account was updated? 5.) Are debt colelctors allowed to make incomplete credit report entries, such as as collection account with no balance listed or no dates? 6.) What does Loan Type "Factoring Company Account" mean? 7.) How can a past due status be more than the high credit? 8.) what should i do if a debt collector who owns the account is reporting it as an installment account when it is not? (I have three collectors reporting this incorrectly) Believe it or not, I have one LVNV funding account which has posted the same account TWICE, once under OPEN accounts and once under CLOSED accounts! Questions Regarding Accounts Listed Under Original Creditors (after being charged off and sold) 1.) If an original creditor account is listed as a charge off on a credit report (and is has been sold to a collector), should the 'Account Status' be 'Collection' ? I have one that still has a '120 Days late' notation even though its been charged off. 2.) Should the 'Balance Date' reflect the last date updated or date they sold the charged off account? 3.) Under one charge off, its noting delinquencies in the months preceding the charge off, however, there was no account activity for two years. Last delinquencies listed should be last activity right? 4.) What if an account was charged off and sold, shouldnt it be then noted as Balance: $0 ? If it helps, some of the scum im dealing with is ARROW FIN, LVNV, and MIDLAND.