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problemchild

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  1. ABSOLUTELY you should respond. While you might be 'judgment proof' today, that is not to say you will still be in that condition next year, five years or ten years down the road (when interest has really added up). Additionally, the presence of a judgment on the credit report will make your life hell for quite some time. Further, there are some entities that have a history of basically dismissing when faced with any manner of defense being put forth by the Respondent. So, let me understand. If the creditor gets a judgment today, they can continue to add interest until they collect? When I respond, do I just tell my story, as I have here? My credit report is pretty much shot now, and at my age and with my income, I do not think I will ever be able to get credit again, and I'm ok with that. The creditor is not the one adding interest. The statutes in the State where judgment renders will address the APR that is attached to the judgment amount. But yes, it continues to accumulate from the time the judgment renders...and even at low rates like 6-8% (which is low for judgments), outstanding balances rack up in a hurry. By the time the first renewal of the judgment rolls around, the amount owed can easily have doubled from the original award. The fees awarded by the Court are ALSO accumulating interest since the accrual is on the total amount awarded by the Court. The defense offered in the Respondent's Original Answer will be driven by the facts of a case and the Rules of a particular jurisdiction. OK, let's look at another option. IF I were to opt for a bk at this point, would I respond to the suit, or would I leave that up to the bk attorney? I am tired and about at my wits end and think this might be the way I have to go. Since you've been served and have another thread going, you should limit questions and answers to that one for now OK, sorry, I was just trying to get a much information and help as I could. I'll go to that thread from here on.
  2. ABSOLUTELY you should respond. While you might be 'judgment proof' today, that is not to say you will still be in that condition next year, five years or ten years down the road (when interest has really added up). Additionally, the presence of a judgment on the credit report will make your life hell for quite some time. Further, there are some entities that have a history of basically dismissing when faced with any manner of defense being put forth by the Respondent. So, let me understand. If the creditor gets a judgment today, they can continue to add interest until they collect? When I respond, do I just tell my story, as I have here? My credit report is pretty much shot now, and at my age and with my income, I do not think I will ever be able to get credit again, and I'm ok with that. The creditor is not the one adding interest. The statutes in the State where judgment renders will address the APR that is attached to the judgment amount. But yes, it continues to accumulate from the time the judgment renders...and even at low rates like 6-8% (which is low for judgments), outstanding balances rack up in a hurry. By the time the first renewal of the judgment rolls around, the amount owed can easily have doubled from the original award. The fees awarded by the Court are ALSO accumulating interest since the accrual is on the total amount awarded by the Court. The defense offered in the Respondent's Original Answer will be driven by the facts of a case and the Rules of a particular jurisdiction. OK, let's look at another option. IF I were to opt for a bk at this point, would I respond to the suit, or would I leave that up to the bk attorney? I am tired and about at my wits end and think this might be the way I have to go.
  3. ABSOLUTELY you should respond. While you might be 'judgment proof' today, that is not to say you will still be in that condition next year, five years or ten years down the road (when interest has really added up). Additionally, the presence of a judgment on the credit report will make your life hell for quite some time. Further, there are some entities that have a history of basically dismissing when faced with any manner of defense being put forth by the Respondent. So, let me understand. If the creditor gets a judgment today, they can continue to add interest until they collect? When I respond, do I just tell my story, as I have here? My credit report is pretty much shot now, and at my age and with my income, I do not think I will ever be able to get credit again, and I'm ok with that.
  4. So, an update. Evidently the company did file suit against me. Service has not been made yet, but has been tried. If I am not served, can the suit move forward? I have been advised that I am pretty much judgment proof, so am just wondering, if I am served, should I even respond? Just need a little guidance. And, second question, if the company does get a judgment, what happens next? Thanks in advance for any information you all can give.
  5. My score is especially low because of my dh's death and no extra $$ to pay outstanding debt, so the score now is probably 1. I thought leaving it would be good, but wanted to ask.
  6. I have a paid off mortgage account on my credit report that is not mine. It is from 20 years ago and was paid off early. Is there a need to dispute it?
  7. This company says they are from Omaha, NE. How do they get the filings before they are posted? Also, I have not been served, although from reading other forums online, that does not always happen, I guess. So if I have been sued, what is my next step? I think I have 30 days to "answer" the suit (if that is the right wording) but what do I say? Many jurisdictions have a service through the Clerks office that attorneys (and even non-attorneys) can subscribe to that provides a daily fax or email of all filings, civil or criminal. Those are then used to generate mass mailings to the prospective clients. I have no idea what the take rate might be. I haven't really kept up with those for years since my clients are post-conviction and reputation generates inquiries for my work... Your Answer will be based upon the relief sought by the Plaintiff and the facts upon which they seek that relief. You will be steps ahead if you use what is left of the weekend to begin boning up on the Rules of Civil Procedure in your jurisdiction. I would have not idea where to even look to find the "rules of civil procedure" here. Any ideas where I could find that? State court website Thank you, I think I found it. Not that I understand much of what it says, but I do see it.
  8. Well, I debated whether to write them or not, but decided to do so, because I was scared. Probably should have thought about that more before doing it. My thought was that, knowing that there was absolutely no monies available, they would not go forward with any action. Guess I was wrong about that.
  9. This Company lists itself as registered with the Oregon state bar or what -???? list out some details on this - we're all speculating The details are this: my husband passed away, I live on $1100 a month SSI, I have absolutely no extra $$ after paying for housing, electricity, insurance. I did not want to default on these creditors, I just have no choice. Discover turned my case to a law firm from a neighboring state who are registered with the Oregon bar to practice here. They sent a letter saying they were trying to collect. I checked them out online and saw that they are a tough bunch and sue at the drop of a hat. I sent a letter detailing my situation, asking for confirmation of the debt, to which they sent copies of the credit card statements for the last 3 years. Then I received a letter from an "advisors" company who say I have been sued according to Oregon public records (exactly 30 days from the date the lawyers sent the information) and I have not been served and am not knowing where I stand. That about sums it up.
  10. This company says they are from Omaha, NE. How do they get the filings before they are posted? Also, I have not been served, although from reading other forums online, that does not always happen, I guess. So if I have been sued, what is my next step? I think I have 30 days to "answer" the suit (if that is the right wording) but what do I say? Many jurisdictions have a service through the Clerks office that attorneys (and even non-attorneys) can subscribe to that provides a daily fax or email of all filings, civil or criminal. Those are then used to generate mass mailings to the prospective clients. I have no idea what the take rate might be. I haven't really kept up with those for years since my clients are post-conviction and reputation generates inquiries for my work... Your Answer will be based upon the relief sought by the Plaintiff and the facts upon which they seek that relief. You will be steps ahead if you use what is left of the weekend to begin boning up on the Rules of Civil Procedure in your jurisdiction. I would have not idea where to even look to find the "rules of civil procedure" here. Any ideas where I could find that?
  11. I did send a letter, but not specifically the cease and desist, just telling them my situation and telling them I didn't think the debt was mine, and to not contact me via any method but mail and to not contact me through third parties. The original law firm has not contacted me since sending me the copies of the credit card billing statements. My PU is estimated value at $2500. No property is currently in my name. There really is nothing they can attach at the present time.
  12. I'm wondering if they might not be somehow related to the law firm that sent the original letter, because this letter came exactly 30 days after the law firm sent the credit card statements that were requested.
  13. This company says they are from Omaha, NE. How do they get the filings before they are posted? Also, I have not been served, although from reading other forums online, that does not always happen, I guess. So if I have been sued, what is my next step? I think I have 30 days to "answer" the suit (if that is the right wording) but what do I say?
  14. OK, so an update......today in the mail I received from an "advisors" company a letter that says "Oregon public records indicate you have been sued!" and gives a case number, then offers to help me with their 55 years of experience. I have tried to do an Oregon public records search and I cannot find the case # anywhere. So, is this just a scam, or what? I will call the local courts on Monday and ask, but didn't want to waste the weekend just worrying about this if I could find out anything. Any guidance would help. Thanks all.

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