Jump to content


  • Posts

  • Joined

  • Last visited

Everything posted by CreditSucksNot

  1. Not if they have sold the debt to PRA or any other JDB. Once the debt is sold the OC is no longer involved.
  2. You are NOT judgment proof. That term is so misused. The Judge will decide if AMEX gets a judgment based on the legal criteria of is the account yours and do you owe the debt? If that is met then they have to legally award a judgment. Being on disability does not protect you from having a judgment entered against you. What being on disability does is limit the method(s) by which they can collect. Legally they cannot seize or levy a bank account that has only up to 2 months worth of SSDI funds in it. That is why it is recommended you not have ANY other money deposited into the account to avoid the account being frozen while the bank sorts out what is protected and what isn't. They cannot garnish your SSDI payments like a paycheck either. The major problem you have is you disclosed you also have "gig" income that you deposit. ANY bank account you put that in can be subject to levy. Those funds are fair game no matter how much you need them. NOT true at all. In this digital era there are multiple ways for AMEX to find a bank account and given the situation with side hustle income that they could potentially seize I can foresee them hauling the OP in for a debtor's exam annually if not every 6 months. He isn't judgment proof. There is no such thing. He might be levy/garnishment shielded right now but it doesn't mean that circumstances don't change later and they can end up collecting given that in many states a judgment is good for 10-20 years or more and can be renewed. Wiping it out in BK so that they can bank without concern and possibly earn a steady stream on a side hustle without fear of garnishment or dealing with debtor's exams. You over look that AMEX is one of the most aggressive creditors at pursuing their debts. While some creditors will drop a lawsuit when presented with tax returns and bank account statements proving disability or SSI AMEX is not known for that.
  3. It very much does matter if the funds go in directly or not. Once the money comes through Zelle from your mother it is just money. The bank has ZERO obligation to identify what source it was originally from. WHO the depositor is matters. In this case it would be your mother via Zelle and therefore not protected from levy. What they cannot do is go to your mother's account and levy your SSI funds. It is why someone on SSI or disability is told NOT to have joint accounts because the person who shares the account with them could be subject to levy until they prove to the courts their funds are not the debtor's funds. That could take months while their account is frozen. If you cannot get the SSDI deposited to your own account the solution temporarily is your mother pays your bills for you and gives you a small amount of money in cash each month which cannot be levied. Yes. ANY money you get from non-protected sources is subject to levy. So while up to 2 months worth of benefits is protected from a bank levy any amount from a non-protected source can be frozen. That is why debtors are also told not to deposit ANY funds into the account where protected SSI or pension funds are deposited that way they are 100% exempt from levy. Yes. ALL accounts at that bank are subject to levy not just checking.
  4. There is no clear cut answer to this question. The problem is banking institutions can close an account for no reason at all and are not required to disclose why. It isn't fair to the consumer who likely has no idea what they did wrong. They have no recourse to appeal it. It isn't good business but I suspect part of the reason for the lack of transparency is not wanting to educate the actual criminals on the sytems processes to detect their illicit and illegal activities. Cyber crime is out of control and as a victim of real identity theft (had to prove to the IRS I was me) I applaud any effort to try and stop it but share the same fear that one day they could up and decide I am one of the criminals and simply close my account. As an example I live in Las Vegas and won a nice chunk of money this football season on a $10 bet. When I went to make a deposit (not high enough to trigger an IRS notification) I made sure to bring the W-2G from the casino with me to show the bank where the source was so they could code it on deposit. I think one problem with many of these stories is that the consumer is getting ready to make a big purchase or move a very very large amount of money and they open a new account. They do so online and no communication with the bank of the upcoming planned transactions. If I were going to be doing something like that I would not open the account online and would go to a branch and communicate directly with an account manager and plan out the transactions so that the bank was aware of the upcoming large money infusion. It might not prevent a shut down 100% but it can't hurt. It falls into the same category as the people who get $50k or more out of the bank to buy a car and then travel out of state with the cash and are shocked when the cops seize it. In this day and age it isn't necessary to travel with that kind of money and the cops have a right to be highly suspicious. I do disagree that once they prove the source they should still have to forfeit it simply for having that much cash. Too many law enforcement agencies are treating it like the lottery. It also shouldn't take months or years to get is resolved.
  5. Yes. They keep billing as long as there is a balance. Only if you pay late. I closed a Dicks Sporting Goods card years ago and it had a small balance. The only thing the rep said was even though the account was closed I still owed the balance (duh) and I paid it over 2 months. The sent the same bills reflecting the payment(s) and updated balance and then finally zero balance. No late payments reported as it was always paid by the due date. All the terms and conditions still apply, including interest that accrues on any balance. The closed status only means you cannot make any new transactions using the card.
  6. They are only required to "prove" the debt if they are in court with you. Beyond that the bureaus don't require proof and the FDCPA doesn't require they send you proof of anything except a copy of a judgment if they have one. Validation under the FDCPA is the name/address of the OC and the amount they say you owe. That is IT. Even then they don't have to do that once 30 days past their first dunning contact directly with you occurs. After that if you dispute based on finding it on your report(s) or in hopes of deletion they can ignore your demands for proof and simply not respond and it isn't a violation. Given that you made the mistake of using the "not mine" dispute you have now cemented it to your report until the fall off date. Congratulations.
  7. Just an FYI: Experian is the WORST of the 3 bureaus and will not remove names/addresses that were EVER associated with an account that appeared on your report even if it no longer does. I fought that battle in the past and it is futile at best.
  8. He just might be able to. The problem that stands in the way of that is his ingrained bad habits that got him here in the first place. Find a good NON PROFIT counseling service in your area. Consumer Credit Counseling CCC is good. He may need cognitive behavioral therapy with a good psychologist to get to the root of WHY he is spending his money this way as well. DO NOT use a debt management firm. That will be expensive and not productive. Do NOT bring this up. I guarantee you that he is already aware of this. My best educated guess that the talking points that are going to get him to come around to a more fiscally sound and reasonable plan are ones that appear to build his confidence while moving him towards more solid ground. The counseling isn't as much about salvaging his credit right now in the short term but getting to the root of WHY he ended up in this position in the first place. If he doesn't confront that head on he will be right back where he is now within a year of the BK discharge. There is more going on here than just fiscal mismanagement and he needs far more help than the parents bailing him out or BK wiping it out.
  9. I'm sorry but if you are raising his kids right now in your home he has absolutely NOTHING to be angry about. My suggestions are as follows:' He is required to get into treatment ASAP for the depression and anxiety he is dealing with so that future employment is not at risk He is required to get consults with 2-3 bankruptcy attorneys (which you can offer to pay the fees for if he elects to file) the consults are typically at no charge He gets another job ASAP and starts paying a nominal amount of child support to you for raising the kids He under goes credit counseling on a serious level beyond what is required for BK filing I know this is hard for you but your decisions are sound financially for everyone involved. Simply giving him more money isn't going to fix the problems it will be pouring gasoline on a fire that is already out of control. Bless you for taking in those babies but it is time that he learns his lesson and the only one who can truly save him is himself.
  10. Confirm that the SOL for reporting and suing is expired on the account then send a cease and desist ALL communication letter to them CMRR. They violate again then sue.
  11. The SOL in NY is 6 years for wrritten or oral contracts not 3. The NY 3 year SOL only applies to personal injury and property damage. A debt suit would fall under written contract 6 year SOL. Whether they can sue at the prior address depends heavily on when the suit was filed and when he moved. If he moved 6 months or more before the suit was FILED they are forum shopping. If they filed THEN he moved the suit stays where it is and the burden to defend it in the previous jurisdiction falls to the defending party.
  12. So the next question is whether or not the SOL for suing you for the debt is still alive in your state. If it is and the debt is far more than any potential recovery in an FDCPA claim then all you could end up doing is kicking them into gear to sue you. The days of "go away" money for an FDCPA suit dried up about the same time the other credit site shut down. Businesses now carry insurance against those and TCPA claims and do fight back on them. Consult an attorney before you end up getting hit with their attorney fees like one person on the other board did.
  13. Depends on the state. Some states require personal service to the Defendant others only require you leave the summons on the doorstep. What state is this case filed in?
  14. Not even close. The FDCPA does not apply to public related to action in the courts and a summons is exactly that. MAYBE. Depends on what state this case is filed in. There are quite a few states that allow "tack and nail" i.e. to leave the summons on the door step or tucked in the door know and it is a legal service method. Without knowing what state this is you cannot say it is automatically sewer service.
  15. That isn't a guarantee that it stops the withdrawal. Often a bank will honor a recurring charge for up to 6 months before denying it when a card changes numbers to give the consumer a chance to update their creditor billing accounts. If it is an entirely different bank they are stopped cold.
  16. Close the account and open her a new one at another bank. Is that money from SSI? Notify Midland that their reps took liberties with someone who does not have cognitive ability to consent to a debt payment plan, if the money is SSI it is exempt from their collection, and that they are forbidden to continue to withdraw any money from her account(s). Send a cease and desist as well. While her address may not be on her credit reports that isn't the only way for them to track her down. If she gets sued then you can defend it but if she has no income or is on SSI they can't take the money in a levy anyway.
  17. I bought a DELL computer 2 years ago using a credit line with Web Bank. It has been paid off forever but I keep the line because they increased it to $5k for some unkown reason about a year ago and it really helps utilization. My account transferred over to Comenity but haven't had any problems with reporting on my end but I also don't owe them any money. So far so good.
  18. No. I have a US Bank VISA and the payment is due on the 3rd of the month and they report on the 7th like clock work.
  19. THIS^^^^^. I was just in my local branch today speaking to the manager regarding getting a HELOC as part of a safety net along with my retirement account with them. One point she made clearly in our general conversation about my financial plan included how when people wait too long to apply for a HELOC when crisis hits and then their FICO or employment situation won't support approving one. She unequivocally said that absent a way to repay the money they will not approve a HELOC and this is a major national bank. Your not having sufficient equity to support a HELOC isn't the issue. The ability to repay the money now IS.
  20. Under the FDCPA they don't have to provide any of that to validate. It is entirely possible they don't own the debt and are hired by the provider to collect on unpaid accounts. Many health providers outsource this as it is better financially than employing people just for collections in office/facility.
  21. You would think so but some CAs take the approach that unless you are offering to pay they don't care a bit. If it were me I would make an offer based on the original balance not the inflated one. If your lease did not provide for post vacate interest on any outstanding balance they are just padding their account to increase profits. I once let a trade line age off with a CA that did that over a supposed lease balance I disputed from the start but didn't have the financial means to sue over. If they won't take a reasonable settlement and do PFD I would tell them to pound sand and let it age off but that is just me.
  22. Under landlord tenant law if they intended to withhold any part of your security deposit they were required to send you written notice including the damages it was based on within 30 days of vacating the unit. This is where tenants make a mistake. They don't leave a forwarding address and/or they don't know their rights. I once got my entire deposit back and 2 months punitive damages under Georgia law because when day 31 hit and the property manager had not disclosed the intent to keep the security deposit in writing as required by law I sent a demand letter. It included copies of the paperwork filed in small claims requesting the $1500 and 2 that amount as punitive damages. They settled for the entire amount. As a tenant you have to enforce your rights. Landlords literally and figuratively bank on tenants not doing that. For suit: where the debt occurred because it is based on a lease for an apartment/house. There is always hope. You make the offer and they either take it or reject it. Under NO circumstances do you tell them the PFD is needed to get that loan. That makes them have more leverage and a reason to deny it.
  23. The problem you have is they are not required to respond to your validation request based on your being denied credit or finding it on your bureau report(s). It is only required if you send the DV request within 30 days of the first time they send you a collection notice. Once that 30 days lapses they can ignore your DV letter and not be in violation of the FDCPA. They MIGHT respond to the CFPB complaint but they can ignore that too. Most likely their response will be what I just said: they are not required to answer the demand. Too many consumers make this mistake when it comes to trumped up damages when they move out. They ignore the list until a few years later when their credit is harmed and they have no leverage to fight it. Your leverage was back when all this went down. Now your only option is to wait until it falls off or pay it off.
  24. The major problem you have is you are looking at this emotionally not objectively. While your situation is unfortunate it has zero bearing on the fact(s) that you borrowed the money, signed a contract and are legally obligated to repay it under those terms and conditions. The creditor isn't doing this specifically to "harm" you. They aren't required to consider whether you are "trying to do better" and a court/judge won't if you are sued. This is business not personal. If you don't care about your credit rating and won't need credit for a while you could stop paying but you risk being sued as @shifter said. Only you can determine which is the least stressful path.
  25. This is accurate. No creditor is required to enter into a payment plan of what the consumer can afford. Your situation is unfortunate but not a legal defense to owing the money. You can keep sending in the $40 to knock down the balance but if they sue you/your soon to be ex you would need to defend the suit same as last time. I would be getting a good family lawyer to ensure that your ex is held at least 50% responsible for this debt and that the divorce court makes it part of the decree that he pays. Keep in mind that none of your creditors are a party to the divorce and even if/when the court orders a debt to be paid by an ex-spouse it can still damage your credit if they don't.
  • Create New...

Important Information