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Found 16 results

  1. Greetings all! Here is my new case - yay me! I've been doing research on the difference between a verified and non-verified complaint and if I understand things correctly, in California I am allowed to answer using the General Denial because the Complaint is from the actual creditor and it is under $25k. Please let me know if I have misunderstood things or if anything I do needs to be different because it is a verified complaint. Also from what I could dig up online, there is an arbitration clause electing AAA - with wording about Barclay covering the fees. Besides sending out the BOP an
  2. Several years ago, I was a member of this forum. I had to create a new account as password recovery didn't find me... I was served with 2 complaints recently. One from JDB that I'm feeling confident for now that I can deal with. The second is from an OC and I'm now in the first phase of discovery. I'd like to hash it out a bit. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark, LLC 3. How muc
  3. Hi all, I've relied on this site for the last 2 years when I first found numerous errors. I thank you for the solid advice I have found here, which has empowered me to clean up everything but this last item. This chargeoff is a little unique so I am not sure how other chargeoff posts relate to it. It is probably a valid account though I question the amount. It will fall off my report in July 2018, but I would want to pay what I owe legitimately, as a matter of personal integrity unless it exposes me to new illegitimate credit issues. Background: In 2008 I bought a MINI Cooper and w
  4. I disputed with the OC 3 tradelines with Experian (Chase and Bank of America), they all came back issued resolved with no explanation other than, we have the correct information reported. The accounts are from 2011 and 2012. I now will have to dispute directly with the OC. When I do, what information do they have to exactly send to me to prove they are right. I no longer have my documents with these credit card accounts, and I know the burden falls on them to prove and if they cant, they have to remove
  5. OC filed Suit in "F" State Court Georgia $25K alleged Attorney Contingency Fee Not set by any Law, No signing legal Fee paper, No interstate License , No recovery, Attached Affidavit of Owner of Records and Alleged Contingency Fee alleged "D" signed in Georgia date Impossible "D" was not in GA. Not Served In GA, No Living in GA, No Address in GA. Tried to serve summons 15 days after was filed in North Carolina with wrong Civil Action Case # and again 151 days later. Filed Answer, "P" filed MSJ, "D" opposed, Judge denied "P"MSJ, later Judge set Bench T
  6. 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael J. Scott & Associates (Scott & Associates) 3. How much are you being sued for? $2427.17 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Proc
  7. Mates: I'm defending my uncle in a lawsuit by AMEX and have a question for you all... Are there any significant differences in how I should approach the upcoming trial since I am dealing with the original creditor? They filed a CP 98 and I will attempt to have Linda Salas served in the coming days, but obviously, she won't be there. The process server will give me a declaration indicating that she wasn't there, and I will object to her declaration in lieu of testimony at trial. From what I can gather, they will have no legs to stand on at this point, and it should be a directed verdict. A
  8. Hey Guys, I'm just starting to try to tackle OC issues on my credit report and I've found that one of them is reporting a different DOFD to each of the three reporting agencies. The same is true for the CA that it looks like bought it. Can I just send a letter to the three reporting agencies with copies of the three different entries and they will delete the tradelines? Or do I have to send everything to the OC and CA themselves and hope they'll do the right thing? Either way I think this violates TFC and FDCPA.
  9. Hello, I lived in CT, but moved to CA. I received a complaint from Discover bank in Connecticut, being represented by HLS. I responded and made my special defense a couple of months bank. Then I came to CT to help my mother move to a new house for a few months, in those months I received request for admission and interr/prod from HLS. The mails where being sent to California. I found out too late, they filed for motion for compliance, and motion for default for failure to comply. Basically it was motion for compliance to inter/prod, but the motion for default for failure to comply was also in
  10. Hello everyone, I sent a DV to the CA and they responded as follows: We have requested your letter of dispute reagrding the referenced account. Please be advised we have closed and returned your account to OC. If we had previoulsy placed a negative report on your credit regarding this matter, consider this your notice that all CRA have been notified to delete this reference from your credit file. Any further questions regarding this account should be directed to OC. Is this good? Do I wait until their next move now? Thanks for your input.
  11. I noticed on my credit report that BOFA whom I still own money ran my credit again, it seems like they may be getting ready to sell my debt to a JDB. I have not made payments on the card since august of 2011. I was wondering if I would get a favorable settlement deal if I tried to call them and settle before it’s sold? For the sake of my credit rating I was thinking of reaching out and making a deal instead of waiting for it be sold to collection company or a JDB and having to deal with them again and risk getting additional derogatory on my credit report? Any thoughts, opinions, recommendati
  12. Question. My son had some dental work about a year ago and we were quoted a number for the services, insurance picking up the rest. We paid upfront what we were told the cost was. A while later, we received a bill for almost double what we were originally quoted asking for the balance. Fast forward, I tried to work this out with the dentists office to no avail. They sent me a letter about a month ago stating the section of the IRS tax code regarding discharged debt, and that they were going t report it to the IRS as a 1099 MISC income. Then they said they were going to turn it over to a collec
  13. 1. Who is the named plaintiff in the suit? Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Silverman & Borenstein 3. How much are you being sued for? ~ 6k 4. Who is the original creditor? (if not the Plaintiff) OC 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Personally 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the peopl
  14. Newbie here. Tried to find this situation amongst the Forum. OC is Barclays Bank Delaware. They charged off my CC. Received calls for months from Nelson & Kennard. Was substitute served. I've tried to contact OC who passed my call to trakamerica (DC). My credit reports show charged off, closed by guarantor. So, N&K is a DC. Wondering how common it is for them to (or any DC) to not name themselves as True Plaintiff? The Cause of Action is Common Counts and not Breach, as you might expect in a cc case. No supportive documentation, just over $2K. I filed a general denial (verified, as
  15. I received a letter from the OC in response to my DV. The letters states that the ownership of this account has been transferred. I have sent a DV letter to the company they referred me to and they did not respond and they are not on my CR, BUT the OC is still on my CR as a charge off. The account is not mine. It was my husbands, in his name only and beyond our states SOL. I am unsure of the next step I take with the OC. how do I proceed with the OC to get this account removed??? Any help will be appreciate. Thanks In advance.
  16. HI All, I've been getting so much help out of this forum. Like many, I was hit hard by the economic crisis. I had a number of investment properties that turned sour and had to let them go. Thanks to the advice here, I've already gotten 3 foreclosures removed from my reports because the bank never responded to the CRAs. So, I have a few second mortgages that I am working on getting off my reports next. So, here is my question. BOA purchased the horrid Countrywide and PNC bought not-quite as horrid National City. CW and NC were my OCs. So, are BOA and PNC CAs or are they OCs? Anyone dealt