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CreditSucksNot

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  1. Yes and no. You have to file to vacate the judgment based on improper service. This is why you NEED A LAWYER. I can't stress this enough. Why? This is why you need a lawyer. Drafting a motion to vacate based on improper service when you didn't update your address with the hospital when you were admitted potentially gives the Plaintiff a defense to a claim of improper service. A skilled attorney can draft the motion in a way that reduces or eliminates that claim. If the judgment is vacated then either the SOL is expired and they cannot refile without your having a gold plated defense or they simply vacate the verdict and yes, you do have to appear to defend the claim if you don't settle it. If the judgment is vacated that erases all the post judgment interest as well. The court returns it to your employer who then issues it to you in your next paycheck. If it were me I would hire a lawyer to file a motion to vacate based upon improper service. If/when the motion was granted I would authorize the lawyer to settle the entire matter for $300 if the Plaintiff agrees to drop the entire matter, not refile and not report ANYTHING to any bureau on the planet. In return I agree to drop my counter claims. If they refuse I would haul them to court and demand they bring proof of filing with my insurance, denied or paid claims, proof of service (I would threaten an FDCPA claim for using sewer service) and anything else I could dredge up until they drop it because it is costing them too much money.
  2. It definitely is not all Raiders fans but is worse on the weekends of their home games. Fingers crossed for you!
  3. Hold off on coming here until after November 3rd. The strip just isn't safe right now. Stabbings and shootings daily it seems. There are gangs from out of state coming here and wreaking havoc. My next big vacation is a cruise on Virgin Voyages: No kids. No kidding. 21 and up to sail. Booked an aft Rockstar Suite.
  4. NOTHING in the FDCPA requires they provide you with ANY documentation to validate a debt. They were not even required to respond or cease collection activity if you sent that letter 30 days or more after their first contact with you. Unless you are in TX and invoke the TFC 300 laws or California which gives their residents additional rights under state law not federal they were completely free to tell you to FOAD and they did. They are only required to produce documentation if they sued you in court AND the court requires it or you do proper discovery. Yes. I agree with @Centex you tried to pull a fast one and they called your bluff. LMAO no you didn't. You hoped your veiled language would intimidate them in to removing their trade line from the bureaus. At least be honest about your intentions. The only one who is surprised at their response is you. If they even agree to arbitrate. Given your actions if I were the Verizon EO I would dig my heels in and refuse to arbitrate forcing you in to Federal Court for a MTC where I would bury you so deep in expense that your heirs would need to win the lottery to bail you out. They called your bluff and you lost. Getting nasty with one of the more respected members here didn't help you either. Don't hold your breath waiting for a flurry of responses supporting your stunt. There is only one person here who advocates that nonsense and he really isn't known for his superior IQ any more than you are after that letter.
  5. I want to make sure I understand your timeline: 2008: hospitalization and medical care. 2009: you were sued by a provider who got a default judgment. (you may or may not have been properly served) 2020: they are garnishing your wages. Is this accurate?
  6. You should not have received a bill for $1000 for your treating physician getting advice from another doctor. If they never saw you in person then billing you for a full consultation is unethical if not illegal.
  7. First: find out which court you were sued in and get copies of EVERYTHING in the files including how/when you were supposedly served. If the service is defective it might not be near as expensive as you think to hire a lawyer to get the judgment vacated and settle the matter. If the Plaintiff used "sewer service" there is a possibility it is an FDCPA violation and they could end up paying you. Another possibility is they sued someone with a similar name but are garnishing the wrong person. Either way you will need competent legal help as this is not DIY project.
  8. Use of your SS# may not be limited to YOUR tax refund. Someone may be using your identity for themselves on multiple levels because they are here illegally. They don't just use your SS# to steal YOUR potential refund but the one they earned from their wages using your number to get the job. If this is what they are doing this could be very difficult to unravel and stop. For some who were victims it took YEARS to stop it.
  9. They are not a regular payment source for me but very useful. When I was on a 3 week business trip prior to the covidiocy it was very easy for me to pay the cat sitter weekly for tending to her. I use it to pay my hairstylist or family when rarely needed. Beyond that I have no use and would NEVER use it to pay bills.
  10. "because she is on the deed, I cannot force her out." No, Mom can't force her out but Mom can move back in when the lease expires. If I were Mom I would move in and bring my biker boyfriend with me and his 5 pet snakes. "I am 69 and living in the RV. Can I file a case for elder abuse?" Elder abuse? No. However, the possibility exists that Mom could force a sale of the home and then take her portion of the cash and buy herself another house and leave the daughter to figure out what to do with her half of the cash.
  11. The first mistake Mary made was ignoring that her daughter has a long history of mismanaging money. That alone should have clued her in that in the long run the odds were not in her favor to trust this daughter to keep her promise to return the home. She should have consulted an attorney to set up a life estate or any number options that would have prevented this from happening. Unfortunately all too often you hear stories like this and the primary common thread is they trusted someone with asset(s) that never should have been trusted to start with.
  12. Something to consider even as cliche as it is: maybe its time to retire to FL. Has mom considered moving to FL? No state tax. Lower cost of living. Plenty of adults for companionship in most areas. Many adult communities have their own transportation so she would not necessarily have to have a vehicle. Her income would go a LOT farther in FL. NYC is so unbelievably expensive that with what she could afford to buy I would be concerned about her safety. Given that people are moving out of NY at alarming rates she could get a deal but the climate right now is volatile in so many ways. Relocating may be a better option.
  13. Fair has NOTHING to do with it. It is your contracted amount as agreed in the policy. The hospital cannot discount your portion further as that is illegal rebating. Insurers have sued providers that have given additional discounts to patients/insured in violation of the contract with the carrier. How much is this bill? First you said $100 now you are saying $500. What does the EOB from your insurance company say you are responsible for? Is this amount towards your deductible?
  14. Equifax doesn't give a rat's patoot about what the other 2 bureaus do. They are not bound by what any other agency does with the consumer information. Waste of time.
  15. Typically they report when your statement drops. Most creditors drop the statement 3-7 days after the due date on your payment. One creditor (maybe CHASE?) will update within a few days of paying off an account but they are the exception. There is a theory that your credit cards should be all zero except one card (AZEO) for the best possible score. The one card with a balance should be below 10% for best results as well. You could possibly not see as big an increase with all cards at zero. You will know soon enough.

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