Posse

The task of cleaning up my credit

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Howdy to All,

 

I'm ready to start this journey. Upfront I know I have 2 judgment's

1. Beneficial - I lost, I fought very hard with an atty. but the judge didn't see it or way. 6000.00 +. They assigned the judgment to a law firm with in the last month. I would like to attack it now but Calawyer said let sit on it and see their next move. The assignment is very questionable.

 

2. 2nd judgment is default, to portfolio, I think about 1500.00 They tried to garnish my wage but I filed an exemption and won that.

 

3. I also have a repo that was done in 2008. I guess they had to file a lawsuit by Oct. 2012. Which they did not.

 

I read Madmonkey's thread and I bought everything she said to get and my first 3 letters go out today. I have my denial letter and I'm sending it to the 3 to get my credit reports. my credit score is 507...

 

Thank you for your future help.

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in general, i understand its better to pay-off creditors. my wife has a lawsuit that she agreed to pay 2/3 less. but now she nows that the JDB will not say its paid in full. What is worse a debt that shows you paid it off, and not in full or paid in full over 3 threes? 

 

 

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in general, i understand its better to pay-off creditors. my wife has a lawsuit that she agreed to pay 2/3 less. but now she nows that the JDB will not say its paid in full. What is worse a debt that shows you paid it off, and not in full or paid in full over 3 threes? 

 

From what I've gathered from reading all the info on the matter, if it's not entirely deleted, paid in full would be the lesser of the 2 evils.

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I'm made my list and there is quite a bit. It seems Experian has about 5-7 CA that do not show on T.U. or EQ.

 

Med. Bills (not to get to personal) My son is covered under an umbrella for his disease. It was said to me that the umbrella would bill my insurance and then the rest would be covered under the umbrella. I believe I wrote letters to this fact to the CA's but it still shows up on my CR. Only on Experian.

 

I'm a bit more aggressive and would like to sue, at what point do I pull the trigger on the CA?

 

I have an AT&T collection, but I disputed it even before it went to collections. Also with Direct TV. I will send out the letter that MadMonkey wrote up. Unless theres a more aggressive letter. I don't see any deadlines in MadMonkey's letter. Are the date's just assumed?  

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@Posse

 

In regard to the medical debt, you need to contact the insurance company or the medical provider and find out what's going on.  The collection agency has nothing to do with your insurance.   They're only collecting for the entity who says you owe the debt.

 

Just an FYI, FCRA lawsuits are not as easy to win.  The only way you receive statutory damages (15 USC 1681n) is if you can prove the furnisher who's reporting is knowingly reporting inaccurate information.      If you can't prove they're doing it on purpose even though they know it's wrong, you won't get anything.   If you can't prove their actions are willful, you can only receive actual damages, and you'd have to prove that you were damaged.

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Are these questions right for this forum?

 

I have a default judgment against me. The JDB are running my credit report and so is CHASE for the same debt.?

 

Default was in 2011

CA Ran it in 2012

CHASE ran it in April 2014 ???

CA ran it in Aug. 2014

 

How can CHASE run my Report?

 

They are running the report under the same Address Identification Number

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Post 11:

 

I should have asked it this way.

 

if the debt is past the 4 yr. mark can the CA still run inquiries on the person?

 

Yes.  The debt being beyond the SOL for lawsuit only means that the creditor's methods of collecting are limited.  It does not mean they cannot collect on the debt only that you have an affirmative defense to a lawsuit should they file one.  As long as they are assigned to collect on the debt then they have a permissible purpose to pull a consumer's credit.

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post 12...

 

 

Yes, I just pulled the complaint of the default and the JDB is Professional Collection Consultants (PCC) on the complaint it said the original creditor was Chase.

 

Do I call Chase and ask why they pulled my credit history ? or write a letter to ask?

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@Posse

 

You need to find out if a collection agency can sue for the OC in your state.  Some states allow that.  It means that the OC still owns the account, but the agency is suing on behalf of the OC.

 

If California allows for that, then check your credit report.  If Chase sold the account, their entry would show that the account has been sold or transferred.  If it's only been charged off but not sold, then Chase still owns it.

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I beg to differ... a collection company can not be assigned the task of collecting. the OC hires a collection company attorney (granted it could be an collection attorney) BUT are hired. and the caption on the lawsuit would have the OC name, and not the attorney or collection company's name.

 

assignment is basically the OC giving up there rights to the debt. and selling it to someone else.

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Reading your original post, it would appear that an attorney has been "assigned" the task of collecting a judgment for the OC.

 

Believe me, though, when someone receives a letter from a CA and it has the words "we have been assigned to collect" it does not always mean they've bought the debt.

 

"Assign" is one of those weasel words intended to panic a consumer into doing something they might not otherwise do.

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@Posse

 

 

Reading your original post, it would appear that an attorney has been "assigned" the task of collecting a judgment for the OC.

 

Believe me, though, when someone receives a letter from a CA and it has the words "we have been assigned to collect" it does not always mean they've bought the debt.

 

"Assign" is one of those weasel words intended to panic a consumer into doing something they might not otherwise do.

 

 

Perhaps in California, an assignment can only mean a sale.  However, in other states, assignment can mean to hire.  One needs to check their state laws.

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