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Found 10 results

  1. I received a letter from a New York Debt Collection Law Firm ("DCLF") regarding a Bank of America balance outstanding. They seem to be a collections law firm that I think represents a junk debt buyer. I I never had a credit card or borrowings from Bank of America name or entity.. I have a Merrill Lynch VIsa prior to the global financial crisis. Merrill was acquired by Bank of America. I called Merrill after trying to work with them as COVID was tough but they said my account was in collections. 1) I been reading on why NOT to send Debt verification letter to the debt collector. https://www.avoidbk.com/ hosted by Jared Strauss seems to advocate this strategy. 2) I read up on Peter Holland's advice on how to deal with debt collectors lawsuit, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079155. And 3) I been reading about arbitration strategy from "fisthardchees", who is great! So I am wondering if anyone had advice or thoughts on the "3" items above. Should I wait to get sued or served? Is arbitration worth it or a possibility in this situation? I am also worried about such costs. And How do I find my Merrill credit card agreement and if it has arbitration clause in it? Thank you everyone for your time and thoughts. Stay healthy & positive. Rex
  2. Hey everyone! I came across this website in my googles and have spent the past 2 days reading up on A LOT in this forum, for which I am eternally grateful for! All the knowledge and help that have been provided has been weirdly comforting to me, knowing I'm not the only one going through this, so thank you all so much! Despite that though, I'm still feeling very anxious, nervous, and uncertain about this whole process, it's the first time I’ve ever had to go through this, so any guidance and advice on how to proceed would be tremendously appreciated. I've filled out & included the questionnaire below but am including my general inquiries here to get right down to it. So, first things first, I wasn't personally served with the summons, my father received the summons and complaint for the suit since I wasn't home at the time, so I believe that means I have 30 days to file an answer. I set an appointment to file my answer for tomorrow morning but I will be pushing that back to give myself more time to be more informed and see if I should file the motion to compel in order to begin the arbitration process instead. I was using LawHelpNY to formulate my answer and, during the walkthrough, was asked about how I was served and, apparently, I was supposed to receive a mailed copy of the summons in the mail since it wasn't given to me directly, but haven't received anything like that. It said I wasn't served properly as a result, so, just for clarification, does that mean I can claim I wasn't served correctly in my answer? Would it be correct to claim that even? Aside from that, I wanted some insight into what else to include in my answer. I wonder if a straight denial is out the question, or should I dispute specific allegations within the complaint? I can claim three things to be true as far as the allegations are considered: my name and address are correct, I recognize Lending Club as the original creditor, and the transaction took place in NY. So, if I proceed to claim lack of knowledge for the other allegations, do I have to defend why that is? For the most part, I am not sure what the amount left to be paid was for the loan, nor do I recall the account number, and I've seen that I could claim lack of standing because I've never directly done business with Velocity Investments themselves. Is that the case here? Could I claim lack of standing with Velocity? That's where my confusion lies with this truth vs. denial business. Any light that can be shed in how I can formulate my answer would be tremendous help for me, I would so appreciate it. I just don't want to screw anything up and get ahead of myself here. As for arbitration, is it really the best route to take? (I pasted the arbitration agreement I could dig from LC below for reference.) It's incredibly intimidating to me, so I'm wondering, if I go down this road, do I have to hire a lawyer? I'm unrepresented at this point in time, but I've consulted 2 different lawyers, but they told me what I already know through my google searching, so not sure if I should really bother with one at this point. Of course, it'll be beneficial but I'm unemployed at the moment and strapped for cash, which is why I'm even considering arbitration to begin with because I don't think I can settle, so I really don't have the means for a lawyer right now. Also, would it be worth to try to negotiate and reach out to them to see if something can be done? Will that need to happen before I file my answer and/or MTC? And any guidance as to what to include in my MTC and how to draft it (as per NY rules) would mean the world to me! I'm incredibly sorry for the long post, but I wanted to be thorough here, so, if you made it this far, you're a saint, thank you! I appreciate any and all responses, thanks for taking the time to help me out! I appreciate it so much! ___________________________________________________________________ 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Malen & Associates 3. How much are you being sued for? $7600 4. Who is the original creditor? (if not the Plaintiff) Lending Club 5. How do you know you are being sued? (You were served, right?) My father gave me the summons that was delivered. 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I'm aware of 9. What state and county do you live in? NY, Orange County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2017 12. What is the SOL on the debt? To find out: 6 years 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). It just says Pre-RJI on the court site 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Through a credit repair agency earlier this year, yes 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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, not personally, but I don't know if the credit repair agency I worked with did this. 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? 30 days, included copy of S+C below; No questionnaire included. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. 18. How did you find out about this site? Google ------- Arbitration Agreement: 21. Arbitration. RESOLUTION OF DISPUTES: I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. If you are a "Covered Borrower" as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out of or take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of section 21(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o Lending Club Corporation, 71 Stevenson St., Suite 300, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. d. If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 21(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or Lending Club; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are finally adjudicated pursuant to the last sentence of section 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. S+C (Velocity)_Redacted.pdf
  3. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited liability company with a place of business in the State of New York. 2. Plaintiff, by purchase and assignment, acquired from SYNCHRONY BANK , original creditor all right, title, and interest in the defaulted account, account number ****************1452, of defendant(s), ((my name here)). AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 4. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $1,192.19. Payment has been demanded by Plaintiff but has not been made. AND FOR A SECOND CAUSE OF ACTION 5. Plaintiff seeks for Defendant(s) the sum of $1,192.19, upon an account stated between them, did promise to pay Plaintiff said sum upon demand. Payment has been demanded by Plaintiff and has not been made. WHEREFORE, Plaintiff demands judgment against defendant(s) for the sum of $1,192.19, with costs and disbursements of this action and interest thereon." The third, and final, page is a signed verification (notary signature, etc.) I consulted with an attorney who told me that while I was more than welcome to retain him, he would be more expensive than just attempting a settlement. I left a voicemail for Schachtner Portnoy advising them that I was unaware of the account, had not received documentation regarding any bills (mail or phone call) and that I would like someone to call me back. This was all on the 19th. I still (not surprisingly) have not heard back from Schachtner Portnoy. What I've been able to find leads me to believe that they have not provided me with all the necessary documentation. I mean, Synchrony manages more than 57 credit accounts (yikes) - who are they claiming I owe money to? I don't truthfully know what the deal is. Any advice on how to proceed would be wonderful. The attorney I consulted with indicates that they purchase these 'junk debts' for pennies on the dollar and a quick settlement should be easy, but no one is calling me back so that doesn't help me at all.
  4. Excuse me if this seems too basic, but I'm having trouble understanding when I need an affidavit of service, and how it should be done. I've read everything I can find on this forum, as well as plowing through what I could find in the NY CPLR, and I'm still stumped. Here's what I need to know. When do I need to file an affidavit of service? Does everything I send to the plaintiff require an affidavit of service? Also, from what I understand, even for an affidavit of service by mail, I am not allowed to drop the thing in the mail myself. So essentially, I need to find a notary and bring along with me someone who will then drop the whole thing in the mail. And I have to do this each time I file something?? I cannot tell you what a pain in the a$$ it is to find a notary, and find someone with time on their hands just to go along with me to the notary and drop an envelope in the mail. And frankly, I'm not crazy about telling random strangers or neighbors about my legal troubles. Is there any way around this?
  5. http://www.nycourts.gov/JUDGES/ConsumerCreditManual.pdf If you're involved in a consumer credit case in NY, click on the above link. It's got lots of updated info re: obligations of plaintiffs & defendant in cc cases in NY.
  6. I have a default money judgment against me from midland funding at civil court in NY, however I was never served because they used my old address. Now I've received a letter from my bank stating they are going to allow the plaintiff to garnish my bank account in 20 days. 1. What do I ask for in my order to show cause? 2. I was advised to file a stay enforcement. What is this? 3. When and how can I ask for proof from the plaintiff? Any advice will be appreciated.
  7. Hello all, first post here at creditinfocenter. So I am getting really serious about credit repair and I want to attack the worst item on my reports, my only collection account. Okay so I was in school under CH33 GI bill and dropped most of my classes late one semester because of personal issues. This resulted in an "over-payment of benefits" to my Community College. The VA alerted me of the new debt of $563 and told me to pay it. I asked for a payment plan of $20/month and they told me that they could not accept less than $50/month. I did my best paid the $50 twice(May/June 2011) and then stopped because I did not have the money. I PIF the debt the following January(2012) as soon as I had the money but the damage had been done I now have a collection on my report. During the same time period late 11/ early 12 I had several CC accounts go 30 days and one go 60 days, however those aren't effecting me as much as the collection. I live in NY, so the worst case is I wait till May of 16 and get it deleted then with the NY 5 year rule. (DOFD may/11) I have been advised at another forum to write a GW letter to the VA and hope for the best. Reading in the same forum I have found one out of a half dozen actually get the VA to do the GW. What is the most effective course of action here? Does anybody know what direction I should head?
  8. Hello everyone, I was referred here by a friend who said you guys are the best people to ask for advice regarding legal matter. I am helping a family member by translating on his behalf on a case with a junk debt buyer in NY (Portfolio Recovery associates) for the amount of $6000. During the first meeting, he didn’t have a translator and he requested me so the judge gave him 4 months for me to come back. During the second case, I questioned the junk debt buyers creditability in court by asking them to provide proof of account transfer from Chase, they had no answer so they delayed the case 4 more months, now it’s the third time next month, what should my actions be this time? Please reply, any advice would be helpful.
  9. Has anyone dealt with and had success with vacating a NY tax warrant? The story is as follows - I worked two jobs for a few years. This year, apparently the IRS modified one of my W2s from 2008 which then changed what my state return should have been. I received a bill from NY Tax and Finance sometime in the middle of last year (around June). I moved a few weeks later and kind of forgot about it. So, in around November I received another bill and went through my tax info to try to figure it out why (the bill said nothing about why I owed the money). A couple weeks later I checked my credit karma score (I do every morning) and was shocked to see it drop about 40 points because of the addition of a public record (tax warrant). So I immediately went online and paid the bill. I called and they explained why I had owed the bill. Now, mind you, this was a $298 bill from something that occurred this year in relation to a change made on my 2008 return. The guy that I talked to at the collections office of NY T&F told me that I could write a letter to the Tax and Finance Correspondence Office to "plead my case" to ask to have it vacated. He said in 30 - 60 days I would receive a letter of satisfaction but that I could send the letter to Correspondence now if I wanted. I wrote them a letter basically outlining how it was a very innocent mistake, for a small amount of money, from a change I did not understand that I paid immediately. Saying how I've been working on my credit, want to buy a house soon and this is going to really ruin my chances. Asking them out of the kindness of their hearts to help me, etc. I sent it a few weeks ago and haven't heard anything yet. I know things work slowly with state bureaucracies but I am really freaked out by this. Has anybody had any experience with this? Any idea what I should do? I really appreciate any assistance at all because I have been working so hard to clean up all of the negatives on my CR, have been very responsible the past few years and this is really just a huge setback for me. Side note, I have heard that it is almost as bad to have a paid lien as it is to have it sit unpaid (like a paid collection). Also, does having the warrant vacated actually remove it permanently from my record so that it doesn't show up on my credit?
  10. I am really confused about this topic. There was a tax warrant placed on me for less than $300 for something that I was unaware was happening. It was an innocent mistake. I paid it immediately and sent a letter to the NY tax correspondence department. I then followed up today (3 weeks after I sent the letter) and asked if there was somebody I could talk to in order to have the warrant vacated. First he told me they only did that if the warrant was placed in error or if I paid it before it was placed. I paid it about 3 days after and was unaware it was being placed it was for around $300. So anyways, I ask "so this $300 bill that I was unaware of is going to screw me for like seven years now?" The guy tells me that having a warrant vacated does not remove it from credit and that it is the same thing as a satisfied warrant. He said "from experience in the banking industry once it is satisfied it doesn't negatively affect your credit. So it won't screw your credit if it is paid." This really runs counter to everything that I have read. A) Does having a warrant vacated remove it from your credit history? Is having it vacated the same as satisfied as far as credit is concerned? C) Does having a paid/satisfied warrant not affect your credit? D) Is there anything I can do about this?
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