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Served by CA and another getting ready to do same


jrdejavux
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Hi guys I have a few questions and need answers :? I'm very confused at the moment about this 5 old credit card debts. I stopped paying this credit cards about 3 years ago and for the past 6 months I didn't received a thing about them via mail or phone, so I figured they forgot about me or something but as of 10/28/2005 once of the CA served me in FL which I haven't been a resident for the past 3 years but my mom didn't know what it was and accepted the letters but anyways and another one is sent me a letter to my home address in California saying if I don't pay within 12 they will serve and take legal action. I tried to settle for 50% of the original debt and they don't want to settle they want full amount with interest and attorney fees on the first card. I have to clue into what to do. Should I consider bankruptcy since I cant afford to pay all this ? should I wait one more year for SOL to kick in ? and if so why do this 5 accounts keep updating on my credit report ? they all say sept 2005 in my credit report under date reported but show closed 3/2003 on the bottom? any advice will be helpful also I have another post under BK Q & A asking if i go bankrupt will this affect my wife's credit since we bought a truck together she is primary and im secondary but we will stay pay for this truck until its paid off

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I am new here so take my advice with a grain of salt. im sure someone else will answer. You have collection letters or you were served a summons?

If its collection letters then you need to DV them and if your SOL is up within a year they will probably go away. They probalby wont be able to validate the debt.

If you are being served I think you better answer the complaint they are probably trying to get a quick default judgment.

Most of the lawyers on here can give you great advice!

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also noticed that equifax has DOLA on all this cards as N/A example:

Date Opened: 06/2000 Balance: $0

Date Reported: 05/2005 Amount Past Due: $0

Date of Last Payment: 01/2003 Actual Payment Amount: $0

Scheduled Payment Amount: $98 Date of Last Activity: n/a

Date Major Delinquency First Reported: Months Reviewed: n/a

Creditor Classification: Activity Description: Transfer/Sold

Charge Off Amount: $xxxx Deferred Payment Start Date:

Balloon Payment Amount: $0 Balloon Payment Date:

Date Closed: 04/2003 Type of Loan: Credit Card

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Regarding the summons, you should call the plaintiff attorney and have them dismiss the case for improper service. Make them aware that you no longer reside in Fl and provide them with your new address. Make sure that when you call you get the persons contact info that you speak to and it may be worth your while to buy a recorder and tell the person you are recording the call to make sure they don't BS you since it happens all the time and still proceed. If you make them aware you do not live in the state they can not sue you.

Regarding the collection letter...DV them. They are not willing to settle because they have no DV or CD letter and this is most likely the first time they have spoken to you and you most likely sounded like you had no idea what you are doing.

DV them and see how fast they will accept peanuts.

Do not go the BK route. Most likely these accounts were sold and if you dispute them most likely they will go away or bend over and accept a fair settlement.

If its gone this long you have the upper hand here. Don't let them scare you.

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hello, i been reading all day now and everything is starting to make sense to me regarding my rights, i have also noticed that on my credit reports they all have updated the last activity to mid 2005 but this accounts were all closed feb and march 2003 which leads me to believe i can get them for re aging my accounts ? should i mention this to them when i call them on monday ?

Thanks george

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Hello Madmanmike that's exactly what I did, first I faxed them the DV letter then called him up to make sure he got it and right away I noticed he changed his tune, before the letter he wouldn't negotiate now he wants me to make him an offer but I said no comment and ask to provide all the info I asked for but kept insisting to settle but I kept saying no comment , I also told him he was going to get the same letter in the mail in 2 to 3 days via CMRRR...

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hello everybody today i got a letter in the mail from one of the lawyers that is suing me saying that they will put everything on hold until their client "CA" gives them the DV... at least i can put everything on hold for a while hopefully they cant Validate the debt..

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I think there is a Debt Validation flow chart on the board, you should print it out for the future & Follow it. I believe you should wait 30 days, if no Validation then send them 1 more DV letter. Also check if they are reporting on your Credit Report. And read some posts about that. I am a newbie so take what I say with a grain of salt and read other posts. There are plenty of knowledgable people on here.

Also if they do contact you within that 30 day period, by way of answering machine message or letters etc. you will want to document that for FDCPA violations.

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I must be somewhat confused here. Once a lawsuit is filed and a summons is issued, the lawyer doesn't "put everything on hold" while he checks to see if he really has a case or not. At least not without formal paperwork to that effect.

If you've been sued, the clock is ticking for your answer to their claim against you. You need to file your answer with the court within the timeframe allowed or you could lose by default.

Once a lawsuit is filed, the courts are involved and proper paperwork is the order of the day. Maybe I'm misunderstanding something here but if you've been sued, you need to answer the complaint according to the rules of proceedure in state or federal court.

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I must be somewhat confused here. Once a lawsuit is filed and a summons is issued, the lawyer doesn't "put everything on hold" while he checks to see if he really has a case or not. At least not without formal paperwork to that effect.

If you've been sued, the clock is ticking for your answer to their claim against you. You need to file your answer with the court within the timeframe allowed or you could lose by default.

Once a lawsuit is filed, the courts are involved and proper paperwork is the order of the day. Maybe I'm misunderstanding something here but if you've been sued, you need to answer the complaint according to the rules of proceedure in state or federal court.

yes you are a little bit confused and sorry if I didn't explain it right the first time, the law firm that put everything on hold hasn't filed any papers with the court yet, they sent me one letter asking to reply or they would sue, so I replied with a dv letter and that is why they put everything on hold, also the one that had already filed in court said they would drop the case until dv is confirm "got this recorded by the way" and by the way this same law firm wouldn't settle for less than the original amount but after they got dv letter they asked me to make an offer, they are representing north star capital acquisition which I have read they are all crooks ! thanks for the reply and hope you understand me now.

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"the one that had already filed in court said they would drop the case until dv is confirm "

How are you to be assured they are "dropping the case"? If the defendant does not show up for the court date and the plaintiff can prove service then the judge is going to grant a default judgment if the plaintiff requests it. I doubt they are going to put your request for DV in front of the judge - lol. I would get in touch with the clerk at the courthouse where they filed and find out what the procedures are for "dropping" a case. Is there a notice/motion of withdrawal or something like that? Do they file a motion for a dismissal without prejudice and then re-file? Or do they really mean they are just requesting a continuance for status or due diligence or something?? Once you have the procedures down you will better know where you stand and what you can do. You can then fax the lawyers (follow it up with a CMRRR) and put them on notice that you know what's what. Tell them you will appear to make sure they do what they say they are going to do. Or, if this is the out of state one, put them on notice that you will be checking with the clerk to make sure they have followed through. You also tell the attorneys that you want faxed copies of whatever motions, etc., they file and whatever orders the judge signs sent to you within 24 hours. You can also ask the clerk if the court will consider making a letter from you part of the file (if this is out of state). It's much better if you are represented in court, but if it's out of state and you can't get there, it's a pain but you still have to do whatever you can not to get run over. If the court will allow it, find out the format and then write the letter summarizing what the CA has promised you in regard to the lawsuit. That way, the judge will see your letter or filing in the record when the case comes up and they might not be able to sneak a judgment around you. It's a lot easier to prepare and deal with this now than to try to have a judgment vacated later. Never trust the plaintiff's attorney. There's a lawyer in our county who files tons of collection lawsuits. His license plates read I LIE 2

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  • 4 weeks later...

hello guys quick update it has been more than 30 since i sent DV letter to all CA and none of them have replied... i have stopped receiving letters asking me to pay but no DV on any of them, should i send another DV letter or should i wait ?

Also i have been able to delete a couple of CA from CR from 2003

thanks george

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no they didnt drop it but my dad "we share the same name" went for me since he is the one that lives in FL and the judge set another date for jan 12 and told the CA to make sure they bring proof it is my dad's debt which they cant proof since its mine so the case will get drop for sure other than that i havent heard anything from the other CA.

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Your Dad should sue for malicious prosecution. They've been informed it aint him, they continue to pursue. He should file a counterclaim for malicious prosecution and a bunch of FDCPA violations, and get a default judgment in the countersuit AGAINST THEM when they dont show up on Jan 12.

The summons is false/misleading comminication about a debt... a violation, and also taking legal action they aren't allowed to take ... suing your dad for YOUR debt.

He is due at least $1K, and I'm sure the magistrate/judge would find for your dad if he countersues.

________

COLORADO MEDICAL MARIJUANA DISPENSARY

Edited by uwackme
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  • 1 month later...
:) Great news this week my dad went to court for me and the lawyers representing the CA didnt show up therefor case was dismissed! now my dad is getting ready to sue for lost wages etc etc but anyways i just wanted to say to all of you thanks for the help ! ! ! also while this oredeal was going on i started fighting with the CRA for the first time in 3 years and i have been able to delete a bunch of CA tradelines from my credit ! and so far 2 OC this is Great credit scores above 600 except on EQ at 557 but went up 11 points ! cant wait for SOL to kick in ! :shock:
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  • 2 weeks later...

Hello guys after the case was dismissed in court due to the CA failing to appear in court this past Jan 12, they the "ca" decided to ask for a motion to set aside order of dismissal and proposed order. can they do this in FL? my dad is getting ready to sue them for defamation and loss of wages since they served him instead of me. anyway's this case was dismissed in court. Can they reopen ? they have no proof that this is my dad's or mine, the original creditor is not even in my credit report, any advice from the experts here ?

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