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Found 11 results

  1. Hi, all. Couldn't remember my old log in, so had to create a new account. Been using the site for some time. So even though this is my first post, I've been around for awhile. Love the site. Anyway, I'm in the process of rebuilding my credit. Starting in February, financially I will be in a great place that will allow me to fix the mistakes of my past. Recently I moved from Texas to North Carolina. I'm a life long Texan, minus a 10 month stint out in Idaho. In the Dallas area, they have a Starbucks and Chase bank on every corner it seems. I've been banking with Chase for years and not once had an issue. I've always been happy with Chase. In addition to that, I know my Chex systems is clean but my credit is not (548 FACO). In moving to NC, I found that there isn't a Chase around me and needed to deposit some cash. Did some research and decided Wells Fargo would be the best for me. Went into to WF knowing what type of account I wanted to open and a couple hundred in cash to deposit. They came back and confirmed Chex is clean but said that due to my credit history they want to offer their Opportunity account. I knew about the account based on the research and knew its limitations. I went ahead and opened it. I already have direct deposit setup for them and will continue to do as I have with Chase. A balance no less than $100 with bi-weekly DD, and using debit card over cash to build history. I will keep my Chase open to use for any check deposits I get (mobile app deposit) so I'm not worried about any held funds (from what I've seen and was told in person, DD wont be held). That said, I know the Opportunity can be shifted to a Preferred account, however I've read it can be a matter of months to over a year. Anyone know what realistically it should look like before I go and request it?
  2. Hello everyone, About a year ago we got great help here with a lawsuit and it looks like we're in the thick of it again with another creditor. My relative hasn't been served yet, but one of those settlement services sent us a notice with the case number and sure enough there's another lawsuit in the system. This is a bit different than last time though. I can only see half the pages on the online system, but it looks like my relative is being sued by Wells Fargo for 16k under her maiden name (which she hasn't used for 30+ years, so not sure what's up with that). Here's the rub though, there's no way she owes 16k. I remember getting the debt collection notices a couple years ago and they were for 2-3k. I checked her credit report and sure enough, Wells Fargo is on there with a reported balance of ~2k, and a charge off amount of 3k. Her credit limit was only 7k. The default was reported back in 2014 so it's still under the SOL, but there's no way 2k, or even 3k, turned into 16k in 3 years. Has anyone seen anything like this before?
  3. Greetings. My circumstances are debt related; Credit Card and outstanding Debit Debts. Thank you in advance for your time. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Machol & Johannes LLC 3. How much are you being sued for? Around $2k Plus Court Fees 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo & Company 5. How do you know you are being sued? (You were served, right?) Earlier this month (February) sometime during the second week I was given a piece of mail that contained the above information. Earlier today I was told someone was looking for me in attempt to serve; they were not successful. My mailing address and my living address are different; I receive mail in a delayed fashion. The piece of mail was "Order to Issue Notice to Show Cause", issued by the County Court. The individual to serve left a note and did not serve the papers to those who addressed them. 6. How were you served? (Mail, In person, Notice on door) An individual is seeking me to serve; according to the below information I may not have been served. 7. Was the service legal as required by your state? According to the webpage below; a resident of Colorado one cannot be served by mail. I only have a note. More information needed. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. I received but never replied to mail(s). 9. What state and county do you live in? Colorado; neglecting County until confirmed relevant to circumstances. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. What is the SOL on the debt? Not Sure 12. 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). "Order to Issue Notice to Show Cause" or "Notice to Show Cause Regarding Revivor of Judgement" Assuming the mail reflects the status of the case. Seeking to become more informed on this scenario. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? Not sure when those trying to serve me will act on the County Sheriffs Department. Attempting to become more informed on the scenario before taking action myself. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I've been receiving mail from Portfolio Recovery Associates LLC for years. It's always proposed as some form of legal document; with various forms of deals to settle the debt. Never replied. Receive mail delayed; sometimes months varying relevance; but with every document the deal gets better. The amount owed in the "Order to Issue Notice to Show Clause" (Mail/Letter) is a medium of all the offers; being as familiar as the other mail, I added it to the top of the pile. I don't keep all the mail; a small percentage of them. @shellieh98 Answered a similarly structured topic from the same State. Don't believe I'm eligible for JAMS. Thread link below: My conditions are different. To be blunt: I'm an artist. Have no money; what very little money I do have isn't in a bank. I haven't been employed by any company that uses paperwork for over 4-5 years, I haven't received any food assistance for about 4-5 years, I've never received any form of unemployment or financial aid, and the last bank account I had was with Wells Fargo. For the last 3 years; I've practiced in keeping a very low profile, leaving little to no paper trail; online or physically. As far as the world knows I'm likely homeless, penniless, and many until earlier this year believed I was deceased. I'm totally indifferent about my credit. Let's admit: Not everyone works this way, not everyone can. I often find people terrified by these scenarios; but I survive and am only lightly concerned at the moment. I have a cellphone, roof over my head, unrestricted access to the internet, a full belly, and what other medium class United States citizens have. I even voted. I'd like to understand my options in this scenario before acting. I could use a legal pointer or two; lets assume I'm expecting to take losses. Found the best information detailing the topic on this very well structured website, with the forum and comprehensive replies. Considering this "Ground Zero" and will remain active on the topic. I'm open to answering further questions and participating as necessary. Thank you very much for whatever information can be provided.
  4. Hello Everyone, I have (had) a business credit card with Wells Fargo a while back and always made my payments with them. Back in 2014 I was the victim of identity theft and in process of getting new accounts, monitoring credit, etc. I got really busy and got late on payments, but still made payments. Wells Fargo was very kind and decided to help me out by maximizing the APR and find new ways to add fees, etc. My due payment doubled. Since it was a business cc, they could apparently just do what they wanted. Talking to them didn't do anything and the hyenas kept on laughing, so I simply stopped making payments since I could not make them anyway and focused on fixing the harm to other accounts from identity theft. I didn't really hear from them that much, until lately, when they sent me a letter offering to settle for 20% of the debt ($25k debt reduced to $5K). It is very tempting. Any other time I would actually feel bad about not paying what I fully owe but I am unsure about what I should do to ensure that they do not report anything on my credit and don't find new creative ways to try to screw me again. I just want to be prepared so that I can put it behind and also not suffer further consequences. What should I do and get in writing when contacting them? How and how would I be able to negotiate a short payment plan? Are they willing to listen and work with me or are they simply all heartless and bloodless creatures aiming the earth in search of souls to torture? Thank you in advance for any tips and advices. Oliver
  5. For those who have been sued by Wells Fargo for credit collections, how will this event about Wells Fargo fraud in the news recently affect those who lost their lawsuits and those that are still going forward? How do those know their accounts were fraudulent when the bank said that you get free additional accounts when you open a checking or saving account and they used your ss# fraudulently and you did not realize it to open credit card? Can you even appeal your lost lawsuit? Would they have to supply a signed document by you to prove they opened the account in good faith?
  6. 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 . What steps should I take to have Wells Fargo release my funds?
  7. 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.
  8. I have an old Wells Fargo Financial credit card account that recently went into collections. The balance is shy of $6,000. My last payment was made more than four years ago. Does anyone know how I can obtain a copy of a Card Member Agreement from 2010? The current agreement, revised in 2014, says it's governed by the State of South Dakota. I'm hoping the older agreement is govered by a state with a shorter statute of limitations. Because my last payment was made in 2010, I'm assuming I can argue the agreement from 2010 would apply. I've checked the database at consumerfinance.gov with no luck. These seem to be current agreements. Any help would be greatly apprecaited. Thank you.
  9. My Sister was served around a month ago by Wells Fargo attorney Rory W. Clark. for alleged credit card debt incurred by my father, who died on December 10, 2012. The amount is $13k I am about to try and answer the suit and also request a bill of particulars but before I do that I want to know if she was served properly. Notice to defendant reads as follows on the summons: (Sister's name), as successor trustee of the (Deceased's Name) Separate Property Living Trust dated December 7th, 2006 and DOES I through X, inclusive. The filing debt is November 27, 2013. However, the trust was changed just prior to his death. My sister and I are now listed as Co-trustees, yet I have not been sent anything or ever called by Wells Fargo. How should I answer the suit? I fear I may have run past 30 days. I need to fight this because: 1st, I have no idea if the debt is truly my fathers, and 2nd the trust does not have $13k available to pay it. Thanks in advance for advice you can provide. Leo
  10. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law Office, P.C. 3. How much are you being sued for? $1,964 (plus $530 attorney fees) 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) Given to my husband when he answered the door 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 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012 11. What is the SOL on the debt? To find out: 6 yrs 12. 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). Mediation scheduled in June, Plaintiff no-showed, I filed motion to dismiss w/out prejudice, they responded saying that’s too harsh and citing some case, my motion was dismissed and mediation rescheduled for next week. I submitted my original answer within a 10 day window. I said I admit to none of it and that I have not entered into any agreement with Midland and do not owe them anything. I said I do not know who they are and have had any prior contact with them. That was in June, I’ve done a little reading since then and wish I answered a little differently but it is what it is. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.No 15. 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? I responded in the correct time frame. Yes I received the interrogatory and did nothing – do I have to respond to that? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of balance owed, WF Card Agreement, Bill of Sale, e-Record of account pursuant to bill of sale, Notice of new ownership and a statement from Dec 2010. I value your assistance please and thank you! J
  11. I have been sued by Cavalry SPV I. LLC, an assignee of Wells Fargo Bank represented by Winn Law Group on 05/11/2012 for $17K. The complaint included a copy of a redacted signed credit application. I filed a General Denial on 06/12/2012 with affirmative defenses. On July 31 I was served with Discovery documents, Request for Admissions, Form Interrogatory and Special Interrogatory. The Request of Admissions included an exhibit that had a some printout statements and another copy of signed credit application agreement. After spending 3 weeks reading and studying TONS of threads in this website, I was able to complete the responses and I sent them off to Winn yesterday Aug, 29. There is a Case Management Conference scheduled for 11/14/2012. I saw many threads sending discovery documents to the plaintiff and others filing Burden of Proof (which I think I am too late for). Also, I see that I need to complete a Case Management Conference Statement. My question is what do I do next? Can I still serve discovery documents on Winn? Will this help my case or should I skip it? Are there any other documents or filings that I should be aware of before the CMC? How and When do I fill out a CMC statement? Thank you all for your assistance in Advance!! This forum has been GREAT help!