AlmostBK Posted August 27, 2020 Report Share Posted August 27, 2020 Filed a GD a few days ago and just to make sure I did it right I reviewed the court record to find a sample. After a half hour searching the records under Unifund I found only one reply and it was to confirm the debit. 1000's of cases almost all of them went to default and a few were settled or dismissed. Guess if you just file a response you are in the 1%. Going back soon my fee waiver was denied, I am requesting a hearing. If I can get my FW I get what i need is time to file for BK. Because so few file a reply I am wondering if maybe I should fight it. Trial date is 5 months out. What are your thoughts. My credit problems started in 2016. 1. SOL on all my debit would be end of 2020 by with Covid SOL was extended 6 months so now June 2021. 2. A BK will stay on my record till 2030 or 2031. All my bad debt will fall off my record by 2023. 3. Could I offer a settlement to Unifund for court ($225.00) filing fees? I allegedly owe them almost $8,000.00. Just a crazy thought. 4. A BK would clear my phone, right now I receive about 30+ calls a week and have stopped answering my phone. Thank you for any replies Quote Link to comment Share on other sites More sharing options...
nobk4me Posted August 27, 2020 Report Share Posted August 27, 2020 Who is the OC? If arbitration is an option, that is the best way to beat a JDB. Also, CA has a borrowing statute. If the OC uses Delaware law (a number of them do), then the DE SOL (3 years) may have run out. I think Resurgent v. Chambers is the relevant case law. Quote Link to comment Share on other sites More sharing options...
AlmostBK Posted August 29, 2020 Author Report Share Posted August 29, 2020 On 8/27/2020 at 1:10 PM, nobk4me said: Who is the OC? If arbitration is an option, that is the best way to beat a JDB. Also, CA has a borrowing statute. If the OC uses Delaware law (a number of them do), then the DE SOL (3 years) may have run out. I think Resurgent v. Chambers is the relevant case law. Thank you, I have gone from delay to file BK to maybe I should fight this. Google Scholar RESURGENCE FINANCIAL v PAMELA S. CHAMBERS https://scholar.google.com/scholar_case?case=10121350625093322993&q=RESURGENCE+FINANCIAL+LLC+v.+CHAMBERS&hl=en&as_sdt=4,5 Quote Link to comment Share on other sites More sharing options...
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