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legaleagle2012

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Everything posted by legaleagle2012

  1. AT&T Headquarters 208 S. Akard St. Dallas, TX 75202 That took all of ten seconds. Come on, people. Learn how to use Google.
  2. You are better off to make an appointment with the local branch and let them handle this.
  3. For starters, you can't sue them for their method of contacting you. As of Nov. 30, 2021, debt collectors have new options for how they may communicate with you about debts they're trying to collect. Now they can text you. Text messages, along with emailing and direct messages on social media, are allowed as part of an update to the Fair Debt Collection Practices Act (FDCPA). Read up on arbitration; I am certain Paypal offers it. Since theyt consider you to be a consumer, it should work. Very expensive for therm.
  4. Since Comenity considers you a customer, why not put them into arbitration with AAA? All their agreements have arb. Maybe spending north of 10K over a tradeline would convince them to act on this.
  5. You need to check with these creditors to see if they accept payment by credit card. Some do not; I have also heard that they will not allow one credit card to be used to pay another, but who knows. I haven't found anybody who won't accept a debit card, tho.
  6. GE Capital used to issue the Walmart cards; if this is a Sears Mastercard then Citibank issued it. Sears sold their credit card stuff to Citigroup in 2003. What a mess! I'd say Citi prob owns the account. There isn't much leverage on either side if you paid it off. if you have proof of payment, they should change the tradeline to reflect that. Also, arbitration always applies even after the account is closed or paid off and there is a conflict. It would help if you had the original contract.
  7. I think they may have a problem because his last payment was in 2017 and they waited so long to threten suit. If they thought their relationship was so significant, why did they wait until the FLA SOL expired to do anything? Merkel was a rather complicated personal injury case, this is just a money beef. A repo is a repo, about the same in any state. I would roll the dice and hope their lawyer didn't read Merkel. The amount could sway this too; they'll have to hire a Florida lawyer to go after him. He needs to say how much this is for and if the contract had arbitration. Either way, FLA needs to stop changing their mind every ten years and fix this.
  8. The Third District Court of Appeal in Rodriguez v. Pacific Scientific Co. considered the precise issue presented to the Second District in this case and reached a contrary result -- that an action which is time-barred in Florida cannot be maintained in Florida, regardless of whether the action is still viable in the jurisdiction in which it arose. The Third District’s interpretation of the law in Rodriguez is correct. (FLA Supreme Court) The appellants contend that if a tort cause of action is not barred by limiting statutes of a state or territory of the United States where the action "arose," it may be maintained in Florida where the defendants conduct business, even though the action is barred by Florida's statutes of limitation. We disagree and affirm. Rodriguez v. Pacific Scientific Co., 536 So. 2d 270 - Fla: Dist. Court of Appeals, 3rd Dist. 1988
  9. This is all it says about sales. Falsely represent or imply that accounts have been sold to innocent purchasers. I've never heard of the scenario you describe, but I doubt it would be considered illegal. I think all that would happen is a continuance, then a substitute plaintiff if the case was in court. If not in court, it would probably just be reassigned to a new collection agency.
  10. As long as they are reporting accurately, they don't have to delete them. Why bother fighting this? If your dates are accurate these should fall off by next July anyway. Charged off accounts can still list a balance; you still owe the debt, they just can't successfully sue if these are beyond the SOL which they appear to be, in most states anyway.
  11. Read the fine print. That pay for delete might only apply if you pay in full. I never looked, but you should.
  12. Is this for Credit One? Is it a small amount? If so your arbitration option will be off the table if they sue. The agreement prohibits arb in small claims cases. If you decide to use arb, you'll have to file BEFORE they sue. Just a thought.
  13. Just send them an intent to sue letter and cite the applicable part of the FDCPA. That was all I had to do.
  14. By trying to evict for nonpayment, they are alleging you violated your contract with them. On the other hand, it is reasonable to countersue for the same, since any lease agreement should be assumed under the law to provide hot water. As others suggested, get a lawyer who specializes in this field.
  15. You could give them a problem over the email. They take their chances when they email people because they never know who might see it. People often grant access to their email to others, leave the computer on, etc. If a third party sees that email and it makes trouble for you, they could be on the hook for a third party violation. I used that once very successfully.
  16. I would love to know how Marv got Boost to work. I spent half an hour on Experian's site and let them accesss my account. It is the only account I have used to pay ALL personal bills since 2008. They came back with something like "sorry, we can't find any eligible bills in this account."
  17. Ask them for the picture. That's usually the only way they catch toll scofflaws.
  18. Look up "traverse hearing" for NY. There may be a time limit on filing, but generally subject matter jurisdiction can be invoked at any time in the proceedings. If you were not properly served, the court does not have jurisdiction. Judgments issued without jurisdiction are invalid.
  19. You have to get them to agree to a pay for delete, in writing.
  20. Maybe you could request that they send a new card to your local branch and you can pick it up there. No interception that way.
  21. Lenders are more concerned with unpaid accounts that could turn into judgments, etc, impairing your ability to pay. If and when you apply, just tell them what happened if they ask. If that's the only blemish on your report, it should not hurt you. Meanwhile work on Citi. Ask them to mail copies of all the invoices you never received.
  22. Well, they can't levy what isn't there. It isn't illegal to withdraw your own money. They might get tired of chasing after you considering it costs money every time they do. Offer them a hundred bucks a month; you never know. They might just take it.
  23. Well, they can't levy what isn't there. It isn't illegal to withdraw your own money. They might get tired of chasing after you considering it costs money every time they do. Offer them a hundred bucks a month; you never know. They might just take it.
  24. The part I cited is from the current version amended Nov 2021. The itemization date can be the last statement date. I think they gave him all that is required. Anything further can be had in discovery. The itemization info, etc appears to be on page 4 of the letter they sent him.
  25. You're wasting a lot of time on something that is virtually meaningless in court. Validation on a scale of ten is about a minus one; unless they flagrantly failed to give you any information, it is generally useless. Once they sue you, which they can do any time they like, the discovery process replaces validation.
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