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bigperm0107

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  1. My wife was served paperwork for a Summons in regards to TD BANK / Target. The amount is a little under $1k and I am not sure how to proceed. We are down to one income and would easily qualify for a Chapter 7 but we don't have a ton of big debts outstanding to make it worth filing. The amount they are coming after her for is an amount that almost seems too small to file BK or pay an attorney to help with, yet too big for us to just be able to pay it right now. What would be the best way to proceed with this? Thank you in advance for all of the help that you guys give and I look forward to any responses.
  2. Dang, I am getting ready to be sued by TD bank. A couple of days ago I received a junk mail letter from an attorney trying to get me to file BK because of a debt. I searched public records and found where in the last few days a recording fee was paid by the attorney. I am expecting to be served any day now. So target is one of the harder ones to fight? You basically just have to give in and work out an agreement?
  3. Thanks everyone. I guess I will just wait and see what happens. I appreciate all of the help.
  4. Thank you very much. So if the last payment was over 4 years ago on the CC would I just sent a foad letter to the attorney? I'm not even sure they are coming after me for the credit card. They were trying to collect on me for thr deficiency auto and when I sent a DV the responded with all of the auto paperwork and then just kind of threw in all of the letters they sent a few years ago in regards to the cc. Thanks again...this forum is the best!
  5. One more thing...I requested tons of information and they were nice enough to send it to me. They sent me a payment history. It looks like the debt balance listed on the deficiency document matches the balance listed after the last payment was made in April. It is showing a balance around 500 or 600 higher around the time of repo than what is listed on what I was sent. That is in my favor but is it something that I can use to dispute? I would think with them being so prepared and so quick to respond they are probably thinking about suing. Especially since they threw in a collection letter for the old unsecured debt they sent to me back in 2014. Worse case we can easily file a 7 If needed because the reason for delinquency is we had a new child and daycare wasnt going to be worth it so we have been on one income for almost a year and a half. We are under the median household income and should pass a means test pretty easily.
  6. Thank you very much WhyChat. I know that you really know your stuff so I appreciate your response. I believe that I was sent everything properly but I am going to look through to make sure. To answer your question, I am in the state of Florida. The contract was entered Into in September of 2011.
  7. Hi Everyone, I recently posted about being sent a 30 day letter in regards to a deficiency balance on a vehicle loan. It was sent from a local attorneys office on behalf of a local credit union. I sent back a DV letter and within a few days I received an envelope full of information such as copies of all documents that were sent. It looks like they are pretty well put together. One thing that I am also worried about is they enclosed some collection documents for a delinquent credit card with the same credit union. My first question is... is a credit card an oral or written contract? In my state the SOL for oral is 4 years and written is 5 years. I looked at credit and the credit card is reporting a last payment date of February 2014 so I am either out of SOL or very close to being out of it. My 2nd question is in regards to the vehicle deficiency. The CU sent me a letter after the auction that is titled "Notice of Deficiency" The numbers do not add up on it though. Here is a quick breakdown. Debt Amount $4,083.86 Less Sales Price: $2,600 Sub-Total $1,483.86 Plus Costs: Repo: $350 Auction Sales Fee: $347.50 Sub-Total of Costs: $996 (This doesn't add up to me?) Total Deficiency: $2,479.86 (This is the amount they are trying to collect from me for plus daily interest) If you use the Subtotal they list, the numbers work out right but the problem is that there are no other fees listed anywhere and the fees to not add up to the Subtotal of closing costs. Will their mistake be something that I can use to get out of this situation? If not then what should my next step be? Thanks in advance for all of the help, I know that it takes a lot of time to respond so I appreciate it.
  8. I just read an article today that freezing and thawing your credit will be free starting tomorrow. It got me thinking about things and wondering if freezing your credit files would cause any issues with collection companies and their activites. Thanks in advance for the responses.
  9. I did a quick search of my county and searched in the last 12 months for this specific credit union. It turned up 4 cases filed. 2 are closed and 2 are pending. The first closed one says its for an SC? for $2501-$5000 and it is closed with this remark ....HEARING - CANCELED-Stipulation Pre-Trial Civil - Civil, Pretrial The 2nd is pending with no updates since July and is for a CC with the following notes.... 7/16/2018 Summons Issued Electronically as to Comments: Emailed to Atty The 3rd one states closed with the following reasons... 8/24/2018 Voluntary Dismissal 1 8/24/2018 Voluntary Dismissal 1 7/3/2018 Default Entered by the Clerk Comments: Emailed to Atty 1 6/22/2018 Motion for Default The 4th is filed as CA - Breach of Agreement/Contract And it states the following.... The 4th also looks like it hasn't been updated for a while and shows this..... 6/6/2018 Summons Issued Electronically as to Comments: emailed to atty 2 5/29/2018 Complaint 9 5/29/2018 Notice of Designation of Email Address 1 5/29/2018 Civil Cover Sheet
  10. Thank you very much for the response everyone. I didn't expect my thread to get so many comments on it. I am located in the State of Florida. I have actually had some defaults in the past with this credit union one of which is outside or the SOL and they never have pursued me before. Even at this point they are just reaching out to me trying to collect on the vehicle deficiency balance. I had mentioned that after the sale of the car they sent me a statement showing the breakdown of what they received and the fees and then how much is deficient. Assuming all of their fees were correct, when you added them up the total actually came to a number that was around $500 less than what the bottom line deficiency amount they were stating is owed. Would a mistake like that be something that could be used against them? Back to my original question, is this something that I should respond to with a DV letter? The sale just took place a couple of months ago so it is pretty fresh. The letter that I received was that original letter they send out giving you 30 days to dispute the validity of the debt. It states that If i notify them in writing within 30 days that I dispute any of it they will obtain verification of the debt and mail it to me. Hopefully this answers any questions that may be out there. Thanks in advance for all of the responses, I apologize that I didn't respond sooner but I had set an alert and must have missed the notification so I assumed that my question was never responded to. I will check back again today or tomorrow for any updates. I am mainly trying to decide if I should respond to that letter.
  11. Today I received a 30 day letter from a local collection attorney who is handling a deficiency balance from a voluntary surrender auto loan with a local credit union. The balance is a little over 2k. Should I respond to this with a DV letter or would I be better off leaving this alone? A while back the credit union sent me a letter showing the breakdown of what I owed after the auction. I noticed that they must have manually added up the numbers owed. They had a breakdown of all of the fees and they clearly did not add the fees up correctly and were collecting on a larger total than what the numbers showed. I am not sure if that really matters or not? Thanks in advance for the help.
  12. Dang, I never even thought about them cross collateralizing the car with the defaulted credit card. The reason we are upside down on it is that it was a cheap type of car that we bought new. When we first got the car my wife was driving 100 miles each way for work and then when we moved closer I ended up getting a job that was a 40 mile drive each way and taking the same car. The car has really high mileage so its upside down by maybe like 3.5k or so. I really never thought about them cross-collateralizing it and I should have because i have worked in financing forever for banks and credit unions so I am aware of how that works. It isn't cross collateralized yet but I never thought about them waiting until it was almost paid off and then instead of releasing the title just throwing that defaulted credit card on top of it! I guess that would be all the more reason to not hold onto it if we really can't afford it.

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