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legaleagle2012

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  1. The problem the CFPB has is that they are not the legislature and cannot change the FDCPA. Emails are risky because they take a risk of having someone other than the consumer read the email. Therefore, they cannot reveal any details about the debt. It is not the consumer's burden to make sure the collector follows the law and guard against violations, it is the collector's.
  2. The CFPB did not collect agreements in 2015, the site was down for redesign. What do you need the agreement for? If it's arbitration, there isn't any. They removed it in 2010.
  3. Try filing the request to vacate the judgment. Can't do any harm.
  4. The rules for renewing judgments are on line. (RCW 6.17.020). Will they renew? We have no way to answer that.
  5. If the payment was more than the balance, and it froze your account, (which makes no sense; it should give you a credit for a new balance) what further payments would be required?
  6. I would argue that it cannot. Under USC 12 section 215.3 it does not sound like something done by autopay constitutes an extension of credit. (b) An extension of credit does not include: (5) Indebtedness of $15,000 or less arising by reason of any general arrangement by which a bank: (ii) Makes payments to or on behalf of participants in a bank credit card plan, check credit plan, or similar open-end credit plan, provided: (A) The indebtedness does not involve prior individual clearance or approval by the bank other than for the purposes of determining authority to participate in the arrangement and compliance with any dollar limit under the arrangement; and (B) The indebtedness is incurred under terms that are not more favorable than those offered to the general public.
  7. Mail it certified mail / receipt so they can't claim they didn't get it.
  8. My school served some awful looking garbage that resembled Beefaroni gone wild. It smelled like feet. We called it Beef Barf Bingo; 90% of it went into the garbage.
  9. LVNV and Credit One are branches of the Sherman Group. Credit One "sells" defaulted accounts to LVNV. Perhaps you missed that somehow. If Credit One sold this (essentially to themselves) they should not be able to report any longer, but LVNV can and appears to have done so. Removal is usually not an option with these people. Settling does not get an account removed, almost nothing does except for pay for delete or you prove it isn't your account.
  10. The judge will likely tell you that the time to have protested this was when you first found out you had been sued. Were you properly served? If not, the courts are generally more lenient with the time frame. Creditors (especially debt buyers) are known to pull this trick so they can get a judgment. I would still wait until the SOL has passed so as to prevent them from re-filing. Your medical condition can be taken into consideration by the court as excusable neglect. If you WERE served or found out about the case and participated in litigation, you may have waived your right to request that the judgment be vacated. What state is this? Who is the original creditor? There may be a borrowing statute that affects the SOL, or an arbitration clause. Arb gets rid of Midland every time, and it can be invoked at any time for any reason. It is VERY expensive, and they have to pay for it.
  11. See my pinned topic on arbitration, it has all the info. Basically all you have to do is go to either JAMS or AAA (whichever forum the contract now calls for) and open a case. It takes about ten minutes tops. It is very easy, just follow their instructions. Do it before they sue, they have a prohibition clause for cases filed in small claims.
  12. 5 years is a long time for a judgment vacate motion. Most jurisdictions give you a year, check your court rules. What is your SOL? If it has not run out yet from the date of default, they'd just sue again anyway.
  13. Wrong statute. Validation is the FDCPA, credit reporting is the FCRA. To get something removed you have to prove it is being reported incorrectly. Even then, they have the option of correcting the info. What state?
  14. Verbal is okay in most circuits, written C&D is always better. Did they discuss the debt in any manner with your co-worker? If they did, that's a violation. They get one call to a person other than the consumer to find you. They are not allowed to discuss any debt. ...........not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
  15. Arbitration usually works with that bunch. You have to file before they sue because of the small claims provision. They won't spend $4800.00 in startup fees to chase $750.00.

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