Sultan

What We've Learned!

105 posts in this topic

Since your a pack rat and you have a super anal...Does that mean you... :oops::moon:

LOL... 8-)

Just kidding Work..

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VACATING JUDGMENTS

OK here is my short course for getting this accomplished.

1. Even though their is an SOL with judgments more than likely you can still file the paperwork to have one set aside well past the SOL. My point of merit for this is, many of the court clerks are not up on this stuff, even judges for that matter. In fact when I originally handed in the paper work the first time I attempted to have the judgment vacated, the clerk took it, and really didn't know what to do with it, and actually lost it. No Joke. So I rest my case on getting around the SOL, if the judgment contains the slightest defect, you can plead ignorance and say that you were not aware of the judgment until you learned of it when reviewing your reports and likely get any decent court clerk to file the paperwork if its mentioned that its past the SOL.

2. The thing that is very important I think is to make sure that the judgment is paid/satisfied. This removes the complications of the judge having to over rule a previous ruling for the award, and reduces it to a level of simple humanity, taking the monetary element out of it. In other words your showing the courts *and you can explain this to any court clerks* that your simply attempting to further or better your life by removing a public record that has been paid and serves no other purpose except to hinder your good credit rating, and best chance for success in life. Also note that usually there is a head clerk in the office, unless you’re in Los Angels, or NY City, and they are usually a liaison to the judge, they have a relationship with the judges, I say this only so people will know to explicitly use honey with the clerks, even if they lose your paperwork the first round. OK so that’s the skinny on that.

3. You need to speak with the clerk, usually the head clerk *so go at a time when its not busy* and ask them what they require to file the motion. It’s usually a pleading with points and authorities, you can also as Mannerhiem mentioned do them in EX-PARTE. Don't let that side track you, I would go with a normal filing, in which they take your paper work, stamp it, and give you a court date, sometimes they screw up and take the paperwork with out proof of service, I was lucky they did with me and I still ethically mailed the OC CMRR the proof of service just to make sure I had crossed all of my T's and dotted my I's.

4. Preparing your paperwork. I searched like a fool and found a sample pleading from the state of Washington and used my PDF editor and changed everything to reflect my local county courts, and case specifics. I used the fact that I had a different address than the address which the OC used to obtain the default entry of judgment. A document on letter head from either: a landlord, property manager, or possibly friend, or relative? *someone with a different last name obviously* should work stating that at the time of such and such, you lived at such in such, which should clearly reflect a different residence entirely, thus they did not have your correct address on file and therefore you could not be properly served. *some would even go as far as to say that someone else sighed for the certified mailing*. If you get your paperwork accepted and filed and you are given a court date your probably going to get your motion granted if you behave properly for the judge and most importantly if the judgment has been paid. If the judgment hasn't been satisfied you need advice from some one else on how to do this or get it paid and use this method.

5. For court here are some suggestions.

  • When in court oral arguments should consist of "I will be happy to address whatever concerns the court has regarding the papers. The judge does not want you to restate your written arguments.

  • Review your motion papers before the hearing.

  • Find out if the OC has responded with opposition papers, or will be at the hearing, if the judgment has been paid and its satisfied they almost certainly will not.

  • Have a hold harmless letter prepared to hand to the OC stating that setting aside this judgment does not constitute any civil liability or recourse for all moneys they received on the judgment, and with regards to your credit records.

  • Dress nice, the judge appreciates a suit and tie or very formal and sensible clothing for a female.

  • When you get to your hearing *show up early, be ready as soon as they unlock the door* check in with the court reporter or secretary, let them know you are there and ready. This is what an attorney does in these civil court proceedings.

Lastly say prayers or meditate what ever it is you personally do to center and ground your self to the earth. If a judge gets a good feel for you, that could mean the difference of him granting the order or not. More than that though if your paper work is in order and you can show a reasonable defect, such as improper service, missing paperwork in the original filing, or that you had one heck of a good cause for missing the original hearing you will probably get your motion granted. :wink:

I may actually dig up the paperwork, and work on it so that it’s a form with input fields editable PDF. Then others can construct their own filing from it. I’ll have to see how much time I have.

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Oh geez.. the things I have learned on this site:

Credit repair is a long ongoing progress.

You can handle a lot of things with a strongly worded letter and green cards.

suing a CA in small claims court isn't as hard as it seems

Finding a fantastic attorney is a God send.

Getting 10k in settlements is FUN

Talking on the phone to a CA when:

a. you know your rights

b. you are recording the call

c . you catch them in 2-3 violations ...is a lot of fun and can be profitable.

Know your FDCPA and FCRA.. as said before.. LIVE IT .. LEARN IT.. LOVE IT!!!!

Do your own legal research. Learn how to read court cases and laws if you intend on taking care of your own legal matters.

Take the advice and learn from your peers on this board and other places.

Learn from the mistakes of others.

Learn how to negotiate.

Learn how to be a pain in the a$$ in the nicest way possible.

I could list a ton more but .. I have some writing to do and wanna get back to it!!!!!

Good Luck to all of you!

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** Don't obsess over your score, it goes up and down, just like life.

** The search function is annoying and helpful at the same time

** It takes weeks to ruin credit, but YEARS to get it better, be smart with finances

** when using MYFICO, ALWAYS use the discount code and save a couple bucks

** Learn from mistakes and help others learn from yours as well.

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6. You can report yourself to a bureau, be careful not to accidentally dispute an item from one reporting company with a different company who does not report the item, it may be added to your report as a result of accidental disputing with the wrong company.

Do not understand what you mean report yourself??? Please explain.

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6. You can report yourself to a bureau, be careful not to accidentally dispute an item from one reporting company with a different company who does not report the item, it may be added to your report as a result of accidental disputing with the wrong company.

Do not understand what you mean report yourself??? Please explain.

For example you have a collection account with Experian, *that only Experian is reporting* and you accidentally go to the TU online dispute site and punch in all the information about the account, the other CRA *in this example TU* may just ad the collection account or public record to your file with them, some people may look at a 3-in-1 report and either mistakenly or unknowingly think that an account is listed with all 3 which may only be listed with one or 2 of the CRA's so they dispute the debt, or public record with the wrong CRA. Next thing you know if it gets verified, it's now on file with that CRA who didn't originally possess the record, because you informed them or *reported yourself*

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Here's my 2 cents on the subject...

I have gone thru the CRA cleaning up process twice in my life...

I had filed bankruptcy in 1967, got married in 1968, and found I could not buy a bed for my bride...couple months later I heard about the FCRA of 1968, this is the original FCRA...Went to the local law library and copied it out of a law book...and started to work...

It took about 2 years of steady persistent work...most of what I did almost 40 years ago is now on this board in a much more clarified, format...everything I did, I had no idea if it would work or not...I figgured out how to do everything from scratch...

It happened again in 1990 when a business I owned closed down and I owed the IRS a chunk of money...and my credit went down the toilet again for about 10 years...

I found this forum in 2002/03 and studied long and hard and started applying more the same techniques I used so long ago...except this time, much more sophisticated and though out...asked a bunch of questions...did a lot of letters and slowly banged away at it...

In 2003 the IRS closed my case, removed the lein on my house...huge problem out of the way...

And last year I had my credit reports cleaned up to the point I could re-finiance my house and now I have a fairly decent credit score...

And now I am helping my son restore his credit...

I can testify that the techniques posted in this forum work...but you have to study and work at it and expect to take some time...maybe a year or two before you get things worked out...

Peace to all...and stay the course...

Steve

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It means inadvertently giving a CRA negative information about your accounts that they didn't have on file.

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This one I'm currently learning the hard way:

KEEP RECORDS OF YOUR DELETION LETTERS FOREVER!!!

I'm talking about the letter the CBRs send you after they delete anything from your file. One of the first things I've ever had deleted from my record is reappearing agian 3-4 years later during a background investigation for a state license. I'm thinking it must be from a split file. If I had that letter of deletion this would be real easy to handle.

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This one I'm currently learning the hard way:

KEEP RECORDS OF YOUR DELETION LETTERS FOREVER!!!

I'm talking about the letter the CBRs send you after they delete anything from your file. One of the first things I've ever had deleted from my record is reappearing agian 3-4 years later during a background investigation for a state license. I'm thinking it must be from a split file. If I had that letter of deletion this would be real easy to handle.

!. How can they add it back to your file if it's been deleted? I feel like I'm safe once SOL runs out!

2. If you still had deletion letter and you sent it to them, they would have to remove it??

I'm worried that the work I'm about to start will be for nothing in 2 years when I want to buy house if they can add it back.

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Here is what I have learned over the last four months:

1. I had a great fear of the "unknown" surrounding my debts.

2. OC's and CA's say they want $$$ from me, but will grudgingly accept paperwork (letters CMRRR, suit filings, etc) and send me $$$ instead.

3. Had I just "paid my debts", my credit would be worse than it is now, and I would be broke.

4. The importance of reading the @!#(%*!% fine print.

5. How to rudimentarily haggle with defendants for the money they will settle with me for dismissing the case.

6. That debt collectors are 95% all talk and no walk.

7. That lawyers for CA's and OC's are just people too.

8. That I have rights.

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What I've learned is:

1. Don't ignore your credit problems...it just prolongs the pain.

2. Paying my debts made me accept responsibility, instilled discipline, and improved my

credit.

3. It takes TIME!

4. Never carry a balance on a credit card, unless you have a dire emergency. It's just plain

silly to pay CC interest.

5. If you ever have a question, come to great sites like this.

6. Always pay, and always pay on time.

7. You can beat the CC companies at their own game.

8. Have an emergency fund before you start using you credit cards, if at all possible.

9. Learn to make your money work for you; invest in financial knowledge.

  • Like 2

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I did not know i could dispute negative items at the credit companys web site.. Do you suggest that the dispute is done over the internet our do you guys suggest that the dispute is mail for return receipt???

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Actually, you can order your credit reports with a fraud alert - I did it just today. At first, it complained "Unable to complete the transaction, because Equifax did not verify your identification" (or something like that). I called MyFico and asked about it. They asked me about 5 questions from my credit report and then unlocked my account. 5 minutes later, i had my updated (and sadly unchanged) score and report.

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CA's are the enemy. They don't care and they've heard it a million times. They have no concern for their corporate image, perhaps even relishing in a reputation as being the baddest dog on the street. OC's are frequently PR-minded and they probably haven't worked hard to hire only the biggest !#!@!'s on the planet and then suck the last bit of humanity out of them.

3 times now I have wanted to call the CA back and gloat- remember when you said I'd never get this removed? Well, stick this chump!

I haven't done it, but I've wanted to!

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1. I've learned that all CRAs and corporations and insurance companies are fully capable of permanent, in-house, retaliation against you if you talk in a negative way to their customer rep (i.e., threaten to sue, etc). Because I talked to an Experian rep who did not like me one bit, my file is permanently split into my items in my old name (which creditors can see all of it) and my new name (which I can see, but nothing in my old name). I hate it when people say that honey attracts - or whatever the cliche' is, but I'm no doormat and shouldn't have to kiss someone's a$$ and I will probably never start.

2. That there are some wrongs on my credit report that I cannot fix no matter what I do and therefore, have to learn to let it go. These are usually items where the OC is wrong and is intent upon sticking to their guns, and since I don't have enough proof to sue them, I have to wave the white flag. Example: SBC/AT&T. It's almost impossible to prove false charges by these crooks.

3. That just because you've been sued, all is not lost, and thanks to this forum and a lot of hard work typing up pleadings and filing them, I got a lawsuit dismissed brought against me by CITIBANK.

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The biggest lesson I have learned is that you have to do this yourself! When I thought I had no where to turn, I hired a "credit couseling service" to help negotiate my debt. That is when the nightmare REALLY began ...

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Credit Cleanup 101.

1. Do not use Credit Repair Services.

2. You can do this by yourself.

3. Keep good records of everything.

Credit Cleanup 102.

1. Start with pulling your credit reports from all 3 bureaus

2. Dispute all adverse accounts either by mail, phone or online. I prefer it online but don't forget to keep good records

3. Dispute Regular Inquiries: For Transunion you can signup for True Credit Service via Walmart at a discounted rate and keep refreshing your credit report every 24 hours and with each refresh the Hard Inquiries will start getting bumped and will fall off eventually. Just make sure and not over do it otherwise your credit file will SPLIT. For Equifax you can do this right out of there website. Remember to put the Inquirer's name in the disputed merchant section and date of the inquiry under the account number and claim no knowlege as the reason. Experian is tricky and the only way to dispute this is by there Fraud Department by claiming unauthorized inquiry. I have not tried this yet as I have been unable to get a live person on the phone from Experian. Does anyone have the phone number or technique on how to get a live person from Experian to initiate this dispute or in there Fraud Department??????

4. Once you dispute all adverse account and if the result is not in your favor then write CRA and ask them for the method for verification. Also write to individual collection agencies or merchants reporting on you and ask for Debt Validation.

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People are afraid of their credit and would prefer to avoid knowledge.

You can be $50,000 in debt and have better credit than me with 0 debt.

The one two punch works, it just worked with an annoying unpaid collection account, watch your time lines! It was so nice to send an intent to sue letter to the president of the collection agency via email and watch the collection drop off within 4 days!

That daily pulls on Truecredit will lower your inquiries on TU and EQ, only and it takes a while.

That Experian is evil and will hold onto inaccurate information until I die.

I'm too wimpy to sue.

You need to keep working on all your negatives and if you get frustrated it's okay to take a little time off and then come back and work on them.

Keep all your deletes, I've never had any come back on me but I don't trust the CA's or the CRA's.

Share your knowledge with friends, encourage them to check their credit and get rid of their negatives.

Life is unfair, that's why my unemployed sister can get preapproved for tiny interest rates on credit cards and I get a sorry letter if I'm lucky.

That my Experian report is only going to get any better when my 19 inquires fall off early next year.

It's good to have a goal, last year was to go from 450 to 600 on all three reports. Now my goal is to see 700 and get a sweet refi next year.

xdancex

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What I have learned in the 6 weeks of repairing

1. It can happen to you. Identity theft.

2. Be watchful of you children's credit. If they start getting tons of offers in...be aware.

3. Nothing is impossible. Just follow the "credit primer" don't' get discouraged, and stay on track. It will eventually happen

4. Keep all records of EVERYTHING. I invested in a 55cent poster board and listed all creditors and information about them that I found all over the web. Ever contact or dispute, it was wrote on the poster board. As stuff gets deleted, I get a star sticker there.:)

5. If you ask for advice and don't take it....don't blame anybody but yourself. Nobody is trying to hurt you, we are trying to help you. Simple......follow advice.

6.Don't talk on the phone....period. It doesn't do any good.

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