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peterwimm

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  1. I posted him on the CB attorney thread as well, but in case anyone comes across this thread and needs a great consumer advocacy attorney in northwestern Washington (Bellingham), contact: Paul Richmond http://www.paulrichmondlaw.com/ 360-392-3911 360-379-5575 He is who we used and we couldn't be more pleased. He got the judgement vacated in much less time that I thought possible. Great guy and great lawyer.
  2. For Washington State (he's located in Bellingham in northwestern Washington): Paul Richmond http://www.paulrichmondlaw.com/ 360-392-3911 360-379-5575 Paul is awesome!!! He took my girlfriends case to vacate a judgement against her by Midland Financing. Our title company found this old judgement during the home buying process that she had never heard about and required that it be vacated for her to be on the title. Paul found some errors Midland and the courts made and sent Midland a letter demanding they vacate their judgement immediately. Time was an issue because we were in escrow, and somehow Paul was able to work his magic prior to closing. My girlfriend was worried she would have to be left off the title, but this was taken care of in about two weeks and now she is on the title and we have started closing! Paul Richmond is smart, fair, honest, hardworking, kind, accessible, and makes you feel like you really matter. We did not just feel like some case he had; we felt like he truly cared. Like I said, we were under a big time constraint, and Paul did everything in his power to meet our timeliness goals. I recommend Paul to anyone needing a consumer advocacy lawyer. He put us on a $500 retainer and it was the best money we have ever spent. I cannot express how happy we were with his services. Thanks, Paul!
  3. Okay, I have an update! First, sorry ICANHASMUNY? for saying "him" instead of "her." I was actually referring to Carl Icahn the billionaire because I thought that is from where you got your name. I thought your name was an homage to him, but I misread your screen name, so that is my bad. Anyway, we did end up hiring a consumer advocacy lawyer and the results were great. He took us on on a $500 retainer and reviewed my girlfriend's case. The judgement stated that my girlfriend's mom was served in Skagit county, and that her mom said she lived in California. It then went on to say that because her mom was served in the county that my girlfriend lived, it was legit. It said this the very sentence after it said that my girlfriend lived in California, so we knew we had a case. There were a few other discrepancies as well. Our lawyer wrote a letter to the collection agency stating the errors, and that they needed to vacate immediately. He wrote, after consulting us, that she wasn't litigious and that as long as the collection agency vacated immediately, we wouldn't sue (I kind of wish we had sued now for court costs and the cost of our attorney, but we are still happy with the outcome and time was an issue, so it's probably better we didn't sue anyway). Within a day or two, we got a response from the collection agency stating they would comply with all of our demands. They must have realized how many errors there were, too. So, our attorney drafted up a document detailing that they would vacate with prejudice, contact all credit bureaus, and basically make it like the judgement never happened. Last night, I picked up the order to vacate from our attorney along with a GR17 form (because we weren't able to get an original signed copy from the CA in time) and we took it to Ex Parte court this afternoon. The judge looked over the forms and vacated the judgement immediately. We took his order to vacate to the court clerk and they recorded the order to vacate. Then, we took the record number to our title company and they accepted it. Now, my girlfriend is on the title to our new home! Everything else it taken care of and we have started the closing process. Our new home should officially be ours next week with my girlfriend and me on the title! We are so happy. The $500 retainer for the lawyer was probably the best money we've ever spent. Again, thank you, CreditBoards, for assisting in this process! ICANHASMUNY?, you were certainly right that we should hire an attorney. He worked hard for us and took care of this issue in time to have my girlfriend added to the title before closing. The judgement was vacated with prejudice, so Midland, et. al., will not be able to refile this at some later date. I hope it's okay, but I want to give my attorney's name for anyone else who might need a consumer advocacy attorney in northwestern Washington. I asked him if I could leave his contact information, and he was happy that I wanted to do so. So, if you need an attorney in western Washington, try: Paul Richmond http://www.paulrichmondlaw.com/ 360-392-3911 360-379-5575 He was smart, accessible, kind, understanding, hard working, and fair. He was a pleasure to work with, and I will certainly be seeking his services in the future should I need them. He knew of our almost impossible time constraints and made this resolution happen in time for my girlfriend to be on the title. Great guy and great lawyer. Yes, he's an oxymoron. Thanks again! peterwimm
  4. I followed your advice and we found a great (so far at least) consumer advocacy attorney near our area. He reviewed the case and was baffled a judge even signed off on the judgement. It states it must be filed in the state the defendant lives in, and it also states that my fiance lived in California at the time (she has plenty of proof), and gave her specific address in California on the judgement itself! But, the judge allowed it to be filed and granted in the state of Washington for whatever reason. Really weird. Anyway, there are also lawyers in involved from Frederick J. Hanna that are not licensed in our state and a few other things so he thinks we have a pretty open and shut case to vacate. He even thinks we could counter sue for damages, but we are more interested in this just going away. Maybe we can sue for court costs and attorney fees, but we'll see. I am not counting my chickens yet, but this is all good news for sure. Our lawyer is going to write to Midland threatening to claim in federal court if they do not vacate the judgement immediately. And, we are well beyond SOL for the original credit card debt, so I think we are going to get out of this for about $500 in lawyers fees instead of a $5,500 judgement after interest. Fingers crossed at least. One thing our lawyer was unsure about was the SOL if a judgement is involved - as in can extra time be granted to the OC/JDB to refile; but, the judgement never should have been filed in the first place, so neither he, nor I, see any reason Midland/BOA would be able to re-sue for the original debt since the date of first default was in 2005. I just wanted to extend my thanks and keep anyone following this updated as to our progress, and I will continue to do so. As always, I welcome any advice or anything we may have overlooked/not thought about. Thank you CreditBoards! And especially you, ICAHNHASMUNY? Icahn certainly does have money, and I plan on catching him one day with all the help I'm getting here.
  5. The lawyer with whom I spoke seemed to think the plaintiff could re-file even if we get the judgement vacated - something they don't like to do in WA. But, she may not have been thinking of SOL when she said that. She said that even if we do get it vacated, they will likely just re-file and we'll have to deal with it anyway, so it might be less expensive to just settle and pay. It's not on her credit reports, so if we settle, it's not like it's going to follow her around for years. And, the total they are claiming she owes is just over $5,000 (I was thinking it would be closer to $10K with interest), so they might settle for a grand or two. But, there are so many things that were done incorrectly on Midland's/Suttle's behalves that I want to fight it purely on principle. On the actual judgement paperwork itself it says the judgement is valid because she is a resident of a specific county in WA state it was filed in; but, she was absolutely a resident of CA at the time and all parties knew that. If I find they cannot refile because it's past the SOL, I'll likely fight, otherwise I may just cut our losses and see what they'd settle for. We do have a lot more research to do prior to fighting or settling though. We did find out it was for an old BOA credit card opened in 2004 which she doesn't remember opening. She did open a BOA credit card in 2002 and that went into default, but she settled that in early 2014 when she moved back to WA and they found her, and that is all over and done with and she has all that paperwork to prove it. Now they are saying there was a second BOA credit card (with a different card number) from 2004 that also went into default, but again, she does not remember opening a second card, so now we are worried maybe there was identity theft or something. Again, a lot more research to do. Hopefully BOA kept records from that long ago so we can get to the bottom of it. She has also had a BOA checking/savings account since 2002, and a new BOA credit card since 2008, so it isn't like they couldn't find her. And it's weird they gave her a new credit card if she had two unpaid charged off accounts with them. Anyway, it sucks, but for the time being, we'll likely take her off the title so we can move forward with buying the house while we figure out how to deal with this judgement. Then, we can quit claim and get her back on the deed once we get it taken care of, although excise taxes apparently may be an issue (1.76% of half the value of the home or something). She has been very responsible financially since 2006, when she grew up, and has tried to take care of all the mistakes she made in her late teens/early 20s, but now these two things popped up, so she is basically giving me, her fiance, tens of thousands of dollars so I can buy a house and let her live there if I choose to. Obviously, I am not going to mess her over, but she understandably feels terrible and scared to be making such a large investment in my name while she just has to trust that I'll do what's right. Thank you all for your input, and I welcome anything else you can think of. And, I'll absolutely keep you all posted as to our progress because this is a pretty interesting case. If I weren't involved, I'd still want to hear how it played out. peterwimm
  6. Hi there, My fiance and I are currently in escrow and hoping to buy our first house together (her second house). Anyway, I need some suggestions for a good attorney in Washington State. Our title company found an old judgement against my fiance from 2009 that she has never heard of. It has never been on her credit reports, and nobody has ever tried to contact her about. No wage garnishment. Nothing. The judgement shows that they served her mom in WA state in 2009 and that her mom gave them her CA address. She lived in CA at the time and can absolutely prove it. Anyway, I have another thread going about what we need to do (here if you want to check it out: https://creditboards.com/forums/index.php?showtopic=553312&hl=).But, it sounds like we need an attorney for this and I am hoping for recommendations. Hope that is within the rules of creditboards.com. We got some names from consumeradvocates.org and will be following up with them on Monday, but if anyone knows a good attorney in northwestern Washington, that would be amazing. We live in Skagit County, and that is where we are trying to buy a house, and that is where the default judgement was filed. So: Can anyone tell me exactly what kind of attorney we need? Can anyone point me to some good resources for finding such and attorney? Can anyone provide the name(s) of some specific attorneys that can handle this about whom you have heard good things or with whom you have had success? Again, we are in escrow, so taking care of this quickly is key. Thank you!
  7. Aha! Understood. And I plan to contact a consumer advocate lawyer, correct? I am sure I can figure that out on my own, but I'll take your suggestion if you have one. I'll even take suggestions on where to find one. I've heard consumeradvocates.org is a good resource? We live in northwest Washington state. No worries if you are unable to provide recommendations/resources for attorney; you have already been so helpful. We are both so grateful of this website and of you personally, ICANHASMUNY. You are rad. Everyone on these boards are rad and we thank you all so much. Let me know if you have recommendations for finding a lawyer, otherwise, we will keep you posted on our progress as I know you are on the edge of your seat with anticipation.
  8. I will certainly follow your advice with the lawyer. But, SOL for judgements is 10 years in WA, correct?
  9. So the SOL of 1 year is for the collector, right? It's been over 6 years since the judgement and all her addresses are on her credit reports so they could have found her. And she absolutely lived in CA when her mom got served. We are contacting a NACA lawyer for sure, but would very much welcome and explanation of Midlans violations.
  10. Thanks for your reply. Turns out Midland won't even talk to her. Said she has to talk with the law offices of Frederick J. Hannah. They have an infinite loop of a phone tree. And, I am worrying she is going to owe close to five figures with interest. She is now thinking this was an old Sprint bill for a couple hundred bucks that she disputed with them (on the phone of course) in 2006. They said it was an error on their part, but she kept getting bills. So, she called back and they again said it was an error and she never heard from them again. They probably didn't fix the error, sent her to collections, and now it has escalated to this insane amount she owes and she never heard one thing about it. If she pays off what she owes, do you think the judgement will clear within a few weeks? Close date is fast approaching. And, if she does pay, can she fight this after the fact? It sounds like she does have a case (will definitely need to talk to a lawyer about that), but if she does want to fight, is it wise to clear it so we can close on our house? Or would paying it be admitting defeat and giving up all other options? Thanks again
  11. Hi, So, there is nothing on any of her credit reports about this. The title company found it when looking for county records in the county she lived until about 2002, and again beginning in 2014. She did not live there in between. Again, nothing on her credit reports. However, I did get a copy of the judgement. Plaintiff is Midland Funding, Defendant is my fiance. It is dated March 2009. It looks like the statute of limitations for the state of Washington is 10 years. It says someone went to serve the papers, but as my fiance lived in CA at the time, they talked to her mom. Her mom said she lives in CA at such and such an address. It does not say they served her mom, just that they talked with her. My fiance never received anything about this and the judgement doesn't say what it is for. My fiance is freaking out and is about to call Midland because she doesn't want to hold up the sale of the house, even though I tried to get her to chill out while we researched. Hope that doesn't mess us over. She did have a large bill from BOA that she paid in early 2014 and she has all that paperwork and proof of payment. But, they did offer her a settlement, so it's possible they sold the rest of the debt. However, this judgement is from Midland from 2009, so they seem unrelated to me. Hopefully, this is just some clerical error, but it does appear she has a judgement against her. This is not on her credit reports, so we can't look for any discrepancies. I don't know why Midland wouldn't have put it on her report. Again, I know this is incomplete information as I am still trying to get to the bottom of this, but any advice is most welcome. Thank you HERE WE GO for your help thus far.
  12. Hello all, My fiance and I are in the process of buying a house and the title company found some old summary judgement on my wife. They say it is from 2009, but if it is legit, it would actually be from the 2003 to 2005 range. My fiance doesn't remember it, and has never been contacted about it, but she vaguely remembers something from that time. This does not appear on her credit report and again, she's never been contacted. But, the title company is saying 2009, which is troubling. We live in Washington, a 7 year SOL state, so it's around the 6 year mark. She actually bought a house in California in 2011 and this never came up, but apparently it was a Washington account, so maybe that is why. She didn't live in Washington in 2009, she lived in California, and under a different name because she was married then. I don't have any more details right now, but will provide them when I do. Based off what I have so far been able to provide, should we be worried? Oh, also, both of our names are going to be on the title, but it will only be my liability, if that makes a difference. Thanks
  13. Make up your minds, people! Do I close it or do I close it and take a dump on it? Thank you very much for your responses. I even got a poem! This card did help me early in the rebuilding process, but it sounds like it's time to cut ties and move onward and upward. You guys and gals are rad.
  14. Before I started repairing/rebuilding (July/August 2014), I applied for two CapitalOne cards and a CreditOne Bank card. I had zero cards in June, and then I had three (not great) cards by August. Since that time my credit score has improved a lot and in the past few months I have applied and been approved for a Citi Double Cash card and a Chase Sapphire Preferred card with respectable limits for where I am in the repair/rebuilding process. I am fine keeping the CapitalOne cards and am thinking about linking Netflix to one and Hulu to the other just to keep them active, but I am wondering if I should close my CreditOne Bank card. The CreditOne Bank card is about 2% of my total revolving credit available, so cancelling it won't really affect my utilization. It has been opened for more than a year now and while the small fees they charge don't affect my finances too much, they are still annoying. Bottom line, I don't need this card or their ridiculous fees for the small percentage of my credit it represents. So, my question is, should I close this card or just keep it in the sock drawer as I have for the past 8 months or so? Or, even just link some small monthly bill to it to keep it active? I am looking to buy a house in the next 6 months to a year if that factors in at all. I have read on the boards that some top tier credit card companies may factor lower tier tradelines such as these in their decision to offer credit cards, but that mortgage brokers probably do not. But, I don't seem to be having that problem with the new Chase card. Look forward to hearing what people think about closing my CreditOne Bank card in my situation.

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