http://www.debt-consolidation-credit-repair-service.com/forums/ Debt consolidation credit counseling giving free credit reports for credit repair and consumer credit counseling. Bill consolidation by utilizing low interest credit cards can repair credit and rebuild credit to avoid bankruptcy en Fri, 03 Sep 2010 15:31:55 GMT vBulletin 60 http://www.debt-consolidation-credit-repair-service.com/forums/images/styles/bluedeluxe/misc/rss.jpg http://www.debt-consolidation-credit-repair-service.com/forums/ http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303870&goto=newpost Fri, 03 Sep 2010 14:12:09 GMT Hi all,

I'm having an odd issue....On August 30th I mailed copies of my filed MTC/or in the alternative stay pending outcome of arbitration certified. I keep checking everyday on USPS to see that they've been delivered well they just keep saying it was accepted at my post office at 4pm on August 30th, nothing else. So today I call my local post office branch and they tell me not to worry until Wednesday. Well I've got a hearing on Thursday!

I called my District Court Clerk, who I absolutely adore! (she's so nice!) and told her what's going on. I filed the paperwork with her and included in my paperwork a certificate of service and I have my certified mail receipts. She told me that I should probably re-mail copies of the paperwork just regular mail bc maybe they are just refusing to sign for it. I guess I'll go and do that right now. She said worse case scenario is I show up on Sept. 9th with my receipts, show the judge and he maybe grants my MTC or my motion to stay!! Wouldn't that be hilarious!! I know it's far fetched but a girl can dream :)

What do you all think about this certified mail glitch? I wouldn't think much of it if it were just one of them not getting there but both say they were accepted at my local branch. One's going to Salt Lake City, UT and the other just across the river to Cincinnati.

Chime in :) ]]> Is There a Lawyer in the House lisser http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303870 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303869&goto=newpost Fri, 03 Sep 2010 11:32:18 GMT I'm a little freaked out getting a civil summons from an officer. Actually, he gave it to a relative at my house who signed for it. I wasn't even home to receive it. Anyhow. I guess I need to answer the questions on the paper... Maybe I need a lawyer? (which i can't afford). Here's my info. I'd love any advice you could offer me!

1. Who is suing you?
Smith Debnam Narron Drake Saintsing & Myers LLP

2. For how much?
5k + fees & interest

3. Who is the original creditor?
Discover Bank (Plaintiff)

4. How do you know you are being sued?
Got some papers delivered saying "Civil Summons"

5. How were you served? Were you served?
Policeman brought it. Relative living here signed for them.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?
Sent me the first letter asking me to pay/call. I wrote them back explaining why could not pay, and offered a low settlement and told them that I wanted arbitration... They wrote me several times asking me to pay or call them. I called them once to arrange a payment, but couldn't afford the plan. Some of their letters said they could "settle", but not enough that I could afford.

7. Where do you live?
NC

8. When is the last time you paid on this account?
About 1 year ago

9. What is the status of your case (if anything has been opened)?
There is a case open. Waiting for my answers to be submitted.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.
No

12. Does your summons require a response in writing? Did you receive an interrogatory (questionnaire) regarding the lawsuit?
Yes, requires a response.
No, didn't get a questionnaire.
1. Plaintiff is a state chartered financial institution.....
2. Defendant resides in AAA County, and is neither an infant nor incompetent.
2. Plaintiff provided credit to the Defendant pursuant to the agreement annexed hereto as Exhibit A. Defendant has defaulted on the agreement... After giving credit for all payments... Defendant owes Plantiff 5k according to affidavit of account annexed Exhibit B and statement of account annexed as Exhibit C incorporated by reference.
3. The agreement further provides for the collection of reasonable attorney fees, and the Defendant is hereby given notice by Plantiff of its intention to collect reasonable attorney fees pursuant to GS 6-21.2 et seq. Defendant is notified by service of Summons and Complaint that the obligation to pay attorney fees may be avoided by paying outstanding principal balance claimed... and accrued interest within 5 days...WHEREFORE Plaintiff demands judgment against Defendant... 5k + interest + fees.

13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits?
A: Cardmenber Agreement, Privacy Policy, Billing Rights, Coverage
B: Some notary/signature paper from Ohio Legal Placement Acct Manager saying the annexed statement is true.
C: Discovercard statement with amount owed, and showing internal chargeoff amount
Also, an Affidavit from District Court w/ 3 points listed: I am a collection spe******t with SDNDSM LLP. I have checked Dept Defense to determine military service. Above statement are true to best...

14. What is the SOL on the debt?
SOL says 3 for open-ended debts (credit card) ]]> Is There a Lawyer in the House softmore http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303869 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303868&goto=newpost Fri, 03 Sep 2010 07:29:53 GMT Civil Forfeiture Who is responsible??? --------------------------------------------------------------------------------Hello, I hope I am not... Civil Forfeiture Who is responsible???

--------------------------------------------------------------------------------Hello, I hope I am not acting too hastly. I have this posted in the legal forum and it was suggested that maybe I should post here. So here it is and thank you for reading and help that may be provided.

Hello everyone. I am not sure if I am posting in the right forum or even the right website. But maybe someone can answer me this .

I had a house that I lived in for approx 25 years. I got into some trouble and the city took my house. There is a mortage owed on it around 35,000. Who is responsible?

I was ordered by the courts to vacate it . Which I have done. I paid up to the date the court ordered me out. I put in a request for part of my property taxes to be paid back to me. The county I live in paid me back some of my taxes . They looked at the court ruling and told me the city was exempt from property taxes. The county assesors office has the city I live in as the legal owner of the property.

The mortage company is trying to collect from me. Once I had moved out I contacted the mortage company and tlod them of my situation. Which I knew they were aware of because they had stopped mailing me statements. I was making copies of past statements and sending payments to them. But stopped once I had moved out of the house. Still no statements sent to me by the mortage company. I did receive notices of insurance they had put on the house. I stopped paying that after 2 months of being out of the house. Still no statements from the mortage company about the balance or past due notices.

When I contacted the mortage company the first time and told them of the judgement against me they said they had information about it. They asked me to fax them a copy which I did . I guess maybe I should have sent it by registered mail. At that point they told me I was still responsible for the mortage. And told to contact an attorney . I had been working with a attorney and he told me to suggest to them I would be willing to sign a deed in lieu of forclosure. The mortage company put me in contact with a attorney working for them and I told their attorney that I was willing to do the deed in lieu of forclosure and they said they would get back to me . I waited two months and tried to contact their attorney on three different occasions and left messages . Finally their attorney or as it turns out former attorney contacted me to let me know they no longer were representing the mortage company. They did however give a contact number to the mortage company. The number I was calling just got me in contact with people that either did not know anything or were just plain rude and treating me like a deadbeat who did want to pay.

The plain fact is I would pay if I could live there. But why should I pay if I cannot live there? I had to get another place to live. I could no longer keep paying the old house and pay to live in a new place. So if it has to go into foreclosure then it does and it trashes my credit. It does not seem too fair.

Anyway I think I covered everything . I have searched alot and cannot find any answers about who actually is responsible . It seems like the county thinks the city is now the owner of the house . The judgement says the court should order,adjudge and decree that all right ,title and interest of me in the Defendent In Rem, together with all appurtenances and improvments thereon be frofeited to the city pursuant to the RCW ####### and disposed of according to law.

To me that is saying the city now owns it and should be the responsible to pay. but maybe the law is not that way. That is why I am here.

Thank You for reading and any advice anyone can provide.
DJOHNSON ]]> Mortgages DJOHNSON http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303868 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303867&goto=newpost Fri, 03 Sep 2010 05:47:36 GMT I'm being sued by OC for credit card debt. I could not recall the debt until the attorney sent all the statements for the account. Before I received the statements, I (in effect) denied the debt. Now there is a hearing for next week on the summary judgment the attorney motioned for (I objected), and if that is denied, the merits (of the suit I assume). I feel like there is no defending myself and not much chance of winning.

The issue then is, what will happen next? I own nothing, have no job and don't plan on getting one for many years. My husband does own some things (vehicles, household items) and works to support our family.

Could the Sheriffs take anything from our home? It was not purchased with my money.

Or, if I could set up a payment plan, how does that usually work? do I pay $5 I(or whatever) a month until the debt is paid in full? Or only for x amount of years? ]]> Post Judgment Forum givemeliberty http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303867 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303866&goto=newpost Fri, 03 Sep 2010 04:19:03 GMT DH was served on 5/9/09 for a Discover Card suit. Suit was filed in court on 4/30/09. Process server shows receiving the paperwork to serve DH on... DH was served on 5/9/09 for a Discover Card suit. Suit was filed in court on 4/30/09. Process server shows receiving the paperwork to serve DH on 4/23/09. Should the process server company have received the paperwork to serve before the suit was filed?

Thanks for your help. ]]> Is There a Lawyer in the House BoscoMama http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303866 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303865&goto=newpost Fri, 03 Sep 2010 02:27:45 GMT Hello Everyone I am new to this site and i wanted to know if anyone could help me. I have written two goodwill letters, one to citibank and the... Hello Everyone

I am new to this site and i wanted to know if anyone could help me. I have written two goodwill letters, one to citibank and the other to capital one, for my credit cards. I am trying to remove the late paymets that are reported on my 3 credit reports. I sent them both out and I only received a response from citibank who did not answer my question with a yes or a no. All they did was report my current balance and told me that "Each month we senf information concernng your account to the credit reporting agencies....." Has anyone had any success with Citibank and/or Capital One? Do you have any executive names and emails that I can use? PLEASE! any advice would help and be greatly appreciated.

Thanks!!! ]]> Credit Repair FixMyCredit9 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303865 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303864&goto=newpost Fri, 03 Sep 2010 00:55:13 GMT Hi, I want to ask lawyers of this. I plan on going to civil claims on the matter with a debt collector and wanted to know. Wouldn't a computer generated print out of the debt be considered sufficient under the Section 809 (B). The section states:

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

I got a computer generated reply for my DV that showed the OC, my name and the amount. How can I argue that this is not enough when Sec 809(b) seems to say that would be. Thanks ]]> Is There a Lawyer in the House frustratedguyhere01 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303864 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303863&goto=newpost Thu, 02 Sep 2010 22:43:58 GMT I was not home but the gal answered.She said it was a recording and it was about some bad checks.Kind of wish she had let the answering machine get... I was not home but the gal answered.She said it was a recording and it was about some bad checks.Kind of wish she had let the answering machine get it so I know exactly what it said.I had one last September from a place in NY,one in March from ? And now one today.Caller ID showed a Nexvortex #832-384-9152.Anyone hear of this one?One in March was a live person and I just told them to crawl in a hole.They did not bother me after that.Do not remember what outfit it was,but not this one.I am assuming one JDB just moved it to a different one.Do not know what this could be for? ]]> Collections gorper999 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303863 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303862&goto=newpost Thu, 02 Sep 2010 21:55:48 GMT Can you use one doc. to Vacate a Summary Judgment and Stay a Wage Garnishment. Can you use one doc. to

Vacate a Summary Judgment and Stay a Wage Garnishment. ]]> Is There a Lawyer in the House donqII http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303862 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303861&goto=newpost Thu, 02 Sep 2010 21:46:35 GMT it started off with being sued by enerbank. although they did charge off the account. I am in indiana and I had a lawyer who filed improper venue. ... it started off with being sued by enerbank. although they did charge off the account. I am in indiana and I had a lawyer who filed improper venue. Then i gOt a letter ordering arbitration but it is past the 45 days to submit anything to the court. The lawyer I cant afford and I have no idea what will happen now. we were away at the time I recieved the notice. it also states that it will go back to the original suit, stay will be terminated. What should I do?? ]]> Is There a Lawyer in the House dpartlow http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303861 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303860&goto=newpost Thu, 02 Sep 2010 20:23:25 GMT After 8 years - out of SOL and 7 years mark. I live in TX also- Palisades is writing me asking me for money after I have been told'em through years to validate and leave me alone. They never validate and every time they went away for some times, but from time to time keep coming back, like this time. I know they can not collect and I am not willing to pay'em, but how can I make them go away for ever? Maybe sue'em? Also I believe few years ago they had in my credit report I payed them 50 usd. I think to re-adjust the date of last activity. ANy advises? Thank you ]]> Collections vali1961 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303860 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303859&goto=newpost Thu, 02 Sep 2010 19:15:03 GMT Okay I am having alot of issues with the below Auto Loan account. I have had this account since 2006. I was paying this account fine until I was... Okay I am having alot of issues with the below Auto Loan account. I have had this account since 2006. I was paying this account fine until I was laid off from work in March of 2007. I was 30 days late in May of 2007, and from then on I didnt pay the note. The car was eventually charged off in September of 2007, but the car was not reposessed until January of 2009. I called numerous times regarding the loan and I was once told the account was sent to their in-house collection agency and it had been sold, and then another time I was told it was actually assigned to the in-house collection agency. Which is even more confusing because how can you sell or assign something to your in-house collections dept. It was never marked on my credit bureas as reposessed. I never recieved a letter of defiency for the remaining balance after the car was auctioned. So I'm not actually even sure what it is that I owe on the car. I recently disputed the account for the balances being incorrect because the original amount of the loan was the amount they claimed was charged off. Well when they updated they updated it as a paid charge off and took the balance down to $0. Whats most confusing is I havent paid them one red cent, but they show the date of last payment as July of 2009. I really dont know how to handle this and I have no clue on whether to let sleeping dogs lie, and just take it as a blessing that it has been updated to paid chargeoff instead of a repo, or if I should send them a request for validation considering that they are blatantly lying about recieving any type of payment from me. Any help on this would be greatly appreciated.



Account Number: 4XXXX Current Status: CHARGE-OFF
Account Owner: Individual Account. High Credit: $7,991
Type of Account: Installment Credit Limit:
Term Duration: 30 Months Terms Frequency: Monthly (due every month)
Date Opened: 09/2006 Balance: $0
Date Reported: 08/2010 Amount Past Due:
Date of Last Payment: 07/2009 Actual Payment Amount: $0
Scheduled Payment Amount: $361 Date of Last Activity: N/A
Date Major Delinquency First Reported: 09/2007 Months Reviewed: 24
Creditor Classification: Activity Description: N/A
Charge Off Amount: $0 Deferred Payment Start Date:
Balloon Payment Amount: $0 Balloon Payment Date:
Date Closed: Type of Loan: Auto
Date of First Delinquency: 05/2007
Comments: Paid charge off ]]> Credit Repair jatneal http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303859 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303858&goto=newpost Thu, 02 Sep 2010 18:57:02 GMT Does anyone know how these Junk Debt Buyers report thier profits to IRS for the "unjust enrichment" they collect from default judments, settlements of debts, court orders, etc. ?

They cannot possibly be treating it as if they were a financial institution that contracts loans and credit accounts like the Original Creditor does. As if the company has some type of investment in the account. They buy the Debt that is uncollectable by the original creditor for pennies on the dollar. Try to enforce the original contract for balances due. Is this all profit for them?

I am just thinking to way much I think. I just cannot see how they account for this type of behavior with IRS.

I know this is way off topic. But I cannot understand how this could be legal. Inflating the cost of something for profit. That would be like me buying a fake diamond ring for 200.00 then selling it as if it was real for 3000.00. Unbelievable!!!! ]]> Is There a Lawyer in the House cookie123 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303858 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303857&goto=newpost Thu, 02 Sep 2010 17:24:24 GMT After reading this thread..... http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=217010 I can basically write All... After reading this thread.....

http://www.debt-consolidation-credit...d.php?t=217010

I can basically write All 3 CRA's and tell them to delete inquiries that are older than 1 year, Right?

I have a lot of them because I moved and bought a car. 3 pulls for each.... ]]> Credit Repair Devildawgjj http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303857 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303856&goto=newpost Thu, 02 Sep 2010 17:22:38 GMT Been looking for an answer on this for sometime and can not find it. If an OC sold off the debt to another company do they still have the right to... Been looking for an answer on this for sometime and can not find it.

If an OC sold off the debt to another company do they still have the right to report a TL? I was under the assumption that the new creditor should be reporting this and not the OC.
To take it another step further what happens if the OC went out of business and this resulted in a new company taking over the debt. Wouldn't the new company have to add a TL with their info or could they just keep updating the original TL.
I guess what I am asking is, is it legal for a company to update or report on a TL if they don't own the debt.

Example Company ABC owns a debt and then goes out of business. Company XYZ buys the debt and then keeps reporting on Company's ABC TL on your report. Shouldn't the TL that shows ABC be removed and replaced with a TL from XYZ? ]]> Credit Repair gandolf666 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303856