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What TL Should I Go After Next? Collections or Late Payments?


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6 replies to this topic

#1 billyd

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Posted 22 April 2012 - 01:00 PM

So I just got EX and EQ to delete a charge off on my CR and I'm feeling pretty baller now. Nice. I just need to get TU to delete it and its pretty much smooth sailing. However I have 2 more big baddies to combat. The charge off was bought was a JDB and now with a collection agency (I guess a JDB is the CA?) and I also have another loan that I had some late payments on over a year ago. So now I'm looking to apply for some new CCs and wondering which is better to remove from my CR. The CA or collection account is within the SOL. They tried to sue me before but I got the case dismissed for improper venue. So I guess the same lawyer can sue me again and I'll just get it dismissed again?

Anyways which baddie to attack next? Lates or Collection?



#2 billyd

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Posted 22 April 2012 - 02:37 PM

Damn I should of made this a poll.

#3 beli

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Posted 22 April 2012 - 02:51 PM

Do you have the means to pay off the debt should the CA try suing again(Since they just may since they've already tried once)? Just because you won once, doesn't necessarily mean you'll win again.

#4 billyd

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Posted 22 April 2012 - 02:53 PM

Do you have the means to pay off the debt should the CA try suing again(Since they just may since they've already tried once)? Just because you won once, doesn't necessarily mean you'll win again.


1. They aren't sueing. It's a complicated thing but the lawsuit doesn't get filed with the court (don't ask). It is in case they decide to sue again. If they sue again, I'll claim what I did before 'improper venue'. Basically they didn't serve me correctly. If they try again, they won't serve me correctly again because the address on record is no longer my current address. They can reply back to that address and I'll get the paperwork forwarded to me.

2. Yes I could pay it off but that doesn't mean I owe it? Also, I imagine they would update the OC. I already have the OC removed from my CR and I don't want them popping back into it.

Edited by billyd, 22 April 2012 - 02:54 PM.


#5 beli

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Posted 22 April 2012 - 03:22 PM


Do you have the means to pay off the debt should the CA try suing again(Since they just may since they've already tried once)? Just because you won once, doesn't necessarily mean you'll win again.


1. They aren't sueing. It's a complicated thing but the lawsuit doesn't get filed with the court (don't ask). It is in case they decide to sue again. If they sue again, I'll claim what I did before 'improper venue'. Basically they didn't serve me correctly. If they try again, they won't serve me correctly again because the address on record is no longer my current address. They can reply back to that address and I'll get the paperwork forwarded to me.

2. Yes I could pay it off but that doesn't mean I owe it? Also, I imagine they would update the OC. I already have the OC removed from my CR and I don't want them popping back into it.

They can get your address a number of different ways, including skip tracing. Unless you have someone living at the other address you know, PO only forwards things up to a certain amount of time after that they stop forwarding your mail.

They already tried suing you once.,. expect to be sued again if you go about disputing something within Sol. This time they'll have your current address.. trust me. If if went to court, you'd have to defend why this isn't your debt.. like I said... just because you won once, doesn't mean you'll win again, hence making you pay the debt, which is why I asked if you had the means necessary to pay it should it come to that.

#6 billyd

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Posted 22 April 2012 - 03:38 PM



Do you have the means to pay off the debt should the CA try suing again(Since they just may since they've already tried once)? Just because you won once, doesn't necessarily mean you'll win again.


1. They aren't sueing. It's a complicated thing but the lawsuit doesn't get filed with the court (don't ask). It is in case they decide to sue again. If they sue again, I'll claim what I did before 'improper venue'. Basically they didn't serve me correctly. If they try again, they won't serve me correctly again because the address on record is no longer my current address. They can reply back to that address and I'll get the paperwork forwarded to me.

2. Yes I could pay it off but that doesn't mean I owe it? Also, I imagine they would update the OC. I already have the OC removed from my CR and I don't want them popping back into it.

They can get your address a number of different ways, including skip tracing. Unless you have someone living at the other address you know, PO only forwards things up to a certain amount of time after that they stop forwarding your mail.

They already tried suing you once.,. expect to be sued again if you go about disputing something within Sol. This time they'll have your current address.. trust me. If if went to court, you'd have to defend why this isn't your debt.. like I said... just because you won once, doesn't mean you'll win again, hence making you pay the debt, which is why I asked if you had the means necessary to pay it should it come to that.



Well if it went to court, I'd probably pay the debt off. In my state you don't have to file a lawsuit with the court in order for the lawsuit to start (one of like 3 states in the country that has a weird law about that) so creditors usually send off a summons without notifying the court. It went to my parents address (the address they have on record) and I argued that I don't live there and I wasn't served properly. Case dismissed. They dismissed it voluntarily.

So now if I contest it, I will do it with my parents address (this address is the only one on my CR and the only one the creditors have). No one knows my new address unless I give it to them? So I'll use the old address again, if they decide to do a similar lawsuit, I'll write a letter back (enough where I won't default and they can get a default judgment against me). So if they want to shell out dollars for a lawsuit with the court, we can do that too. Assuming they have my paperwork :)

The only way they can get my address is by asking me nicely for it. It isn't on my Driver's License, it isn't listed on any credit cards or anything. In fact I live in a completely different state and their SOL is running out in my new state.



#7 billyd

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Posted 22 April 2012 - 04:34 PM




Do you have the means to pay off the debt should the CA try suing again(Since they just may since they've already tried once)? Just because you won once, doesn't necessarily mean you'll win again.


1. They aren't sueing. It's a complicated thing but the lawsuit doesn't get filed with the court (don't ask). It is in case they decide to sue again. If they sue again, I'll claim what I did before 'improper venue'. Basically they didn't serve me correctly. If they try again, they won't serve me correctly again because the address on record is no longer my current address. They can reply back to that address and I'll get the paperwork forwarded to me.

2. Yes I could pay it off but that doesn't mean I owe it? Also, I imagine they would update the OC. I already have the OC removed from my CR and I don't want them popping back into it.

They can get your address a number of different ways, including skip tracing. Unless you have someone living at the other address you know, PO only forwards things up to a certain amount of time after that they stop forwarding your mail.

They already tried suing you once.,. expect to be sued again if you go about disputing something within Sol. This time they'll have your current address.. trust me. If if went to court, you'd have to defend why this isn't your debt.. like I said... just because you won once, doesn't mean you'll win again, hence making you pay the debt, which is why I asked if you had the means necessary to pay it should it come to that.



Well if it went to court, I'd probably pay the debt off. In my state you don't have to file a lawsuit with the court in order for the lawsuit to start (one of like 3 states in the country that has a weird law about that) so creditors usually send off a summons without notifying the court. It went to my parents address (the address they have on record) and I argued that I don't live there and I wasn't served properly. Case dismissed. They dismissed it voluntarily.

So now if I contest it, I will do it with my parents address (this address is the only one on my CR and the only one the creditors have). No one knows my new address unless I give it to them? So I'll use the old address again, if they decide to do a similar lawsuit, I'll write a letter back (enough where I won't default and they can get a default judgment against me). So if they want to shell out dollars for a lawsuit with the court, we can do that too. Assuming they have my paperwork :)

The only way they can get my address is by asking me nicely for it. It isn't on my Driver's License, it isn't listed on any credit cards or anything. In fact I live in a completely different state and their SOL is running out in my new state.



Sounds like getting rid of the collection account is more worth while in the near term?




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