Jump to content

Clydesmom

Members
  • Content Count

    772
  • Joined

  • Last visited

About Clydesmom

  • Rank
    Don't Mess With Mom
  • Birthday 03/23/1966
  1. Let me know if you find out. I too am stuck with "Chuck" or what ever his name is in the "special" department due to having to hire an attorney to deal with PRA and their false reporting. ALL I did was send notarized affidavits to all 3 CRAs that I had NEVER made the payments to PRA that they are reporting and I was told I landed there "because I hired an attorney." No other CRA did this to me. EX is run by Satan himself I am convinced.
  2. Michigan absolutely does have a borrowing statute. Two laws cover this: M.C.L. § 600.5861; M.S.A. § 27A.5861 There was an attempt to get the legislature to repeal it but it was not successful. A co-worker recently used it in her defense of a JDB lawsuit.
  3. It isn't just pop up ads these clowns are using. I have received no less than 6 emails purporting to be from court clerks in states I have NEVER lived in EVER saying I have a court case and to download the attached zip file to read about it. All of them claimed that I had an appearance in less than a week from the date of the email. I noticed right away the attached file was an .exe file which would be executable and malware or a trojan/virus. No official court name, always a generic court clerk name, no date, time etc. because you are supposed to panic and download the file so they can hack your computer. This one I have received 3 times: the notice of an impending funeral for a friend and to download the invitation. First none of my friends or family have recently passed and second who gets told of a funeral by invitation? It isn't a party. The shame is they used the name and webpage spoof of legitimate funeral homes. I did read an article that one of the homes they are using is REALLY angry that their reputation is being damaged by these fraudulent emails that are causing harm to those who don't know better and do download the virus.
  4. Given how close they are to the end of the 7 year reporting period I would try "obsolete" and they may disappear a few months early. The OC tradeline for Cap1 will be the hardest because they have a hard line stance of not deleting early, PFD, or good will.
  5. Your SOL situation is complicated because of moving around so much. Without knowing where you lived and for how long from 10/2008 until now it is impossible to say which SOL will apply. The reason you cannot just apply CA SOL is because of the moving around. If you want a reliable answer from a legal standpoint I would give a call to MI attorney and ask how to figure it out. Until you know for sure I would go with the plan that it is still active and you can be sued. Even if you move to CA tomorrow they can still apply the MI laws for suit until you have been back in CA for at least 6 months to a year to establish residency for legal suit purposes. It isn't automatic once you cross the state lines, change your DL, update your addresses, and unpack the boxes. If it is large sums of money you will not be sued in small claims court as the maximum amount in most states small claims courts is very small. It would be District or Superior court. All you can do is search the court dockets and see if a case has been filed. Michigan does not require any notice to a defendant prior to filing suit. The best guidance anyone can give is to determine what the SOL REALLY is and if it is still active until 10/2014 send a debt validation and lay low until it expires. If they DO sue you then you defend the suit otherwise they will get a default judgment and then you can be garnished for the payments which would be 25% of your wages and potentially everything in a bank account.
  6. The SOL for written contracts in MI is 6 years so if your DOFD is 10/2008 then it would expire this year. Typically you need to reside in a state for 6-12 months for their SOL to then apply to your debts in existence at the time you take up residency. If you moved out of a shorter SOL state to MI prior to the SOL expiring then your SOL is still alive and viable. However, if the SOL expired in the state you were residing in prior to moving to MI it did not revive the SOL by moving to a state with a longer one. It is likely that apply for and getting new credit did trigger their new interest as it is an indicator that you have money and could potentially pay them. Your fear of suit is not irrational but the best way to predict whether you have an affirmative defense if the do is to do a time line of where you lived and for how long from the DOFD until now. If the SOL has indeed expired you can send a FOAD letter as there is nothing they can do. If the SOL is alive and well I would DV them and lay low until that SOL dies.
  7. This sounds like a perfect reason to call them back and have a laugh at their expense. That's what I was thinking. Racking up some FDCPA violations is an added bonus. Sure you will rack up the violations but if this IS a scammer then they are using a spoofed phone number and likely are not even in the USA. If they do have a USA address it is most likely a mail drop box where you can't serve them with a lawsuit. They make flagrant violations because they KNOW you can't do squat about it. Even consumer attorneys won't chase them because it is a waste of time.
  8. I would not call them back but WHEN they do call back and they will, THEN I would play with them. I got this scam call(s) in December and January and did just that until the last one where I finally told them they were wasting their time because I knew it was a scam and would NEVER pay them a dime. Silence since. To date despite the threats NO ONE has ever showed at my house to arrest me, serve me, or haul off my possessions for sale. My personal favorite is we will call your employer: great give it a go. I am self employed! I simply warn friends and family to utter a profanity followed by SCAMMER! and hang up on them. I let them know what the purpose of the call is and not to panic and give them ANY money.
  9. There is a national law in the United States since 1986 known as the Emergency Medical Treatment and Active Labor Act. EMTALA for short. What the law states is that ANYONE who presents to a hospital emergency room and requests care must be evaluated and treated until medically stable or the baby is safely delivered if the woman is in labor without regard for their ability to pay. If the hospital lacks the capability to provide the treatment the patient needs they may legally transfer the patient to a facility that does possess those facilities. They may also transfer the patient at the patient's request. So in your example, if someone presented with a drug overdose the hospital must treat the person until they are medically stable. If that is 4 weeks later so be it. However, if someone presents to the ER with a suspected broken ankle the hospital may stabilize the ankle with a temporary cast and advise them to follow up with an orthopedic surgeon and still be in compliance. They are not required to provide an orthopedic surgeon at that time for a basic fracture. If someone presents to an ER with shortness of breath and chest pain and the evaluation reveals the patient needs emergency bypass surgery but the hospital does not have a cardiac surgeon on staff or the necessary operating room set up they can transfer the patient to a facility that does have those services and not be in violation of EMTALA. What a facility may NOT do is evaluate a patient in the ER, determine they need emergency brain surgery and dump them on another facility because they patient is uninsured. That said there are hospitals that have violated EMTALA and been fined by the government for it. I worked with a neurosurgeon who turned in another doctor and hospital for EMTALA violations for dumping their patients on our hospital when their facility and doctor didn't want to take care of someone so he could have a weekend off. You can read more about EMTALA here: http://www.cms.gov/Regulations-and-Guidance/Legislation/EMTALA/index.html?redirect=/emtala/
  10. Decades. While annoying when your tonsils bug you it isn't life threatening. One thing you can ask your primary care physician about is possible sleep apnea. If you are a mouth breather when you sleep and you snore that can lead to a very dry mouth and throat during the night until you wake up and hydrate. This can lead to the symptom you are experiencing. If you have a bedside humidifier you can sleep with that and see if making the air in the bedroom more moist helps. If it is sleep apnea and CPAP is the treatment recommended they have units that humidify the air as well.
  11. My father calls them "mall Harleys." LOL He REALLY needed one too and as I started to do the research on getting one for him he passed away. They are still very available. I started with a Craig's List search to see if someone was selling a good used one they no longer needed. Look under medical equipment. If you Google "motorized scooter for elderly" you will find pages of links to choose from. You can also look for a local durable medical equipment business and see if they will rent one monthly if the cost of purchase is daunting. When traveling many places (especially in Florida) and amusement parks will rent them. When we did Disney we rented him one and though he balked at first, with his oxygen tanks it is the only way he could have EVER done the park. The bonus is you get front of the line treatment on many rides.
  12. Would that law firm happen to be Dynia and Assoc? They are a bottom feeder and will stop at nothing including lying to you. DO NOT speak to them on the phone. I had JC on my CR for a card that I defaulted on during a layoff 6 years ago. After too many violating phone calls (that I did not realize I could sue for) I made a complaint to the BBB in MN where JC is headquartered. They folded and now NOTHING reports on my CR including the OC. Make a complaint to the BBB that they are fraudulently reporting a payment that was never made to re-age the debt and it should go away entirely.
  13. Convergent will fold if you DV them as they can't prove anything. Same with NCO. Enhanced Recovery will delete if you challenge them through the Florida Office of Financial Regulation. They have been trying to shut down ERS for some time and have an online complaint form that anyone can use not just Florida residents, Cap1 does NOT do PFD or goodwill for ANY reason. The rest I have no clue but it can't hurt to try.
  14. They actually stated that they were going to charge me for another month even though I didn't agree to it. I just wanted to cancel the service. What are the disadvantages of making a cc dispute. If their is a lot involved, I'll just cut the loss. It isn't a complicated process. You can simply send a letter to the CC company and dispute the charge. The big question is did you follow the repair agency's policy for cancelling the service? If you did enclose proof of that with the letter disputing the charge. It should be removed fairly easily. I had a charge on my MC from the Target breach from some company in England. I called the CC company to report the fraudulent use and they shut down the card, sent me a new one with a new number, and removed the charge in under 7 days. Your situation is a lot different so I would do it in writing.
  15. Jerry J. Jarzombek 2001 The Law Office of Jerry Jarzombek Fort Worth Texas T. Dean Malone 2003 Law Offices of Dean Malone, P.C. Dallas Texas Tom Thomas II 2005 Law Office of Tom M. Thomas II Dallas Texas Gary A. Armstrong 2007 Armstrong Kellett Bartholow P.C. Dallas Texas James A. Foley 2008 James Foley, PLLC Fort Worth Texas Angela Renee Owens 2010 A. Owens Law Firm Plano Texas Michael R. Sices 2011 Law Office of Michael R. Sices, PC Allen & Plano Texas

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines