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bretherite

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  1. 2 days a go I got a call from Allied Interstate saying that husbands student loans had been placed with them because of default. I told the ageent that I was aware of the student loans but had not been aware that they were placed with AI. He admitted their paperwork had gone out that day so I should be receiving it. He told me to contact the dept of ed for validation. He told me the payments would be about a grand a month. I explained that I needed to see the paperwork from them and do some research. Today I got a call from him again wanting to know about setting up payments. I told him I had yet to receive anything from AI and I would get back to him. A few minutes ago husband called and agent had called him at work telling him they were about to garnish his wages if he didn't set up a payment plan TODAY. We have until 4 PM. I would think this is against the FDCPA because I have no idea who this guy is, if he actually works for AI, I have not been notified of my rights under the FDCPA not given time to validate or anything else. We do have an attorney we have used in the past to deal with violations but I can't get ahold of him to see what if any violations we have and how to stop this. Advice?
  2. I have been reading this thread and need some clarification. I had an old debt from Macy's that was written off in August of 2008. Saturday in the mail I received a 1099C. Says date of identifiable event was 8/XX/2012. If I am reading this correctly this 1099 should have been sent a couple of years ago? do I declare it as income ( I know not to ignore it) or file the paperwork you mentioned above? Thanks
  3. Hey Guys!! Long time since I have been here but I need help. when we lived in Kansas we lost our house due to a job relocate and we couldn't sell it. Ended up with some CC debt. My hubbys' job has moved us twice since then to Cali and now Colorado. all of a sudden since moving to Colorado we are getting calls again. The SOL in Kansas is 3 which is where the debt occurred California is 4 years BUT Colorado is 6 years. Which SOL applies in this instance? I am having to go back and DV all of this people again because they are starting to call again beause of the move and I am wanting to also throw in they are past SOL.
  4. I just looked at my credit report. It shows the first time 30 day late as June of 2008. Is that the SOL date as well? never mind I got this part answered. Still looking for some advice on part one.
  5. Everyone once in a while i need some help from old friends. I have an old bill fro Lord and Taylor. Sent request for validation 7 or 8 months ago. Today in the mail I got copies of two old bills from June and November of 2008. The one in November shows the CO amount so I know I am close to SOL on these. California is 4 years. At the time of CO the amount due was 1100 the amount now is 3000.00 What should I send in response to this? I can't figure out the extra 2 grand. The collection agency is Security Credit Services. Since it took them so long to respond do I have any recourse on that angle? I know this is not Validation but I have been reading that validation and verification in some areas are considered the same thing. And does anyone know about an FTC ruling that states that copies of statements do not constitute validation/verification.
  6. Ryan has handled several cases for me. I recommend him highly. Ryan Lee Attorney at Law Krohn & Moss, Ltd 10474 Santa Monica Blvd. Suite 401 Los Angeles, CA 90025 (323) 988-2400
  7. I got a letter in the mail to day from the law office of Weltman, Weinberg and Reis. It was for an old (approx 3 year) Barclay account. The top says: RE: Harvest Strategy Group Orginal Creditor Barclay accountXXXXX wwr fileXXXXX It goes on to say the law firm represents the above referenced client. I can't figure out who the client is because I have never heard of Harvest Strategy. I have never received a letter from them. Are they a debt collector and that is who WWR is representing or are the representing Barclay? I am trying to figure out if I need to send a letter to this harvest strategy or WWR. Can anyone give a bit of guidance?
  8. You now reside in Kansas. You need to learn the laws of Kansas, either by research or by consulting with an attorney.We live in California now. We have not lived in KAnsas in 3 years. DH has not lived at that address in 15 years. It is his parents house. I was sued by a scumbag CA in my current state on a cc debt- with the help of an attorney, the suit was dismissed without prejudice. I also sued as the creditor in another state- successfully- and collected the full sum +$$. My successes were based upon *knowing* the laws of the land. Look up the statutes for KS. Here are my comments to you, based on my experience: 1) Who *owns* this debt at this moment? Presumably it's the CA. It appears Midland owns it but Kramer is suing us on their behalf. 2) Does the debt owner have the right to sue in Kansas? Even with local counsel? Does local counsel have the right to file suit on an out-of-state debt owner? 3) What constitutes proper service in KS? The receipt of a certified letter may or may not be adequate. What proof needs to be furnished to the Court to indicate that this is the correct address for service?The sheriff can serve via certified mail and he did. 4) What did 'the courthouse' send you, exactly? In the two states in which I've dealt with collections, 1st comes service, then comes lawyer-to-lawyer stuff, or the filing of a default judgment. In either state, 'the courthouse' did not send papers until after suit had been filed.The suit has been filed I found it on the court website. 5) Is this debt within SOL for suit? If not, do state laws require that notice be provided, along with suit, if it's out of SOL? (that's true in my current state) it is still within SOL 6) You need to check to see whether or not a suit has been filed. If not, this sounds like a threat and harassment.it has. Court date is the end of April 7) I've been advised by my attorneys that the ease of vacating a default judgment depends on the State, the jurisdiction, etc. In my current state, it's supposedly a cakewalk to have judgments vacated. In my debtors' state, it's tough- especially if they were properly served, all 'i's' were dotted, all procedures and paperwork correct, and increasingly difficult as time lapses. My 2 cents? You need legal advice from someone who knows the local laws. If you're not judgment-proof (i.e., have attachable assets, again depending on the state), it would cost a lot less time and energy to deal with this properly from the outset.
  9. Yes a suit has been filed. I found it on the court website in the county where my MIL lives. We live 1700 miles away in California. DH was "served" via mail to his mom's house where he has not lived since the MID 1990's. Several other facts. I found an old bill and the OC has our orignal address. It was on the bill. Also I pulled DH credit report today. it was orginally WAMU which became CHase. Chase is listed on CR. Then it shows further down that Midland bought it and it is in dispute by consumer. I guess I disputed it when I got the thing from MIDLAND and since I never heard from them forgot about it. The computer crashed that has the original letter so DH is trying to retrieve it. But that also proves that Midland had our correct address at some point and Kramer and frank is trying to be sneaky and get a default judgement in a town DH has not lived in in 15 years.
  10. One other thing that confuses me is this. Kramer is suing DH on behalf of Midland. They aren't even the original creditor. WaMU is. Since we have never had anything from anyone I never had a chance to DV Midland or Kramer. I am trying to put together a motion to vacate summons due to improper service right now. It goes to the court as well as KRamer?
  11. Today my MIL called and said she had received a certified letter from the court house addressed to my husband. It was a lawsuit from Kramer and Frank on behalf of another debt collector on behalf of Wamu. Here is the thing. My husband has not lived at that address since 1980's. Has not used that address on that CC ever. Not even sure how they got that address. We lived in a different county when he had that card (same state) from 1997-2007. We have since been transferred twice and WaMu had the address in ABQ and Nothing was ever forwarded to us in CA. Obviously we can't go back to KS to fight this. what is the best course of action?
  12. Not sure where this should go. Feel free to move it. in august 2008 we completed a deed in lieu of with the VA's help on our house in Kansas. Yesterday I got a bill in the mail from GMAC for 30,000!!!! I called GMAC and they said that the VA retracted our Deed in Lieu of. and so they were coming after us. I called the VA this AM and talked to them and they said no such letter went out. They show that the DIL was done in August 2008 and it was a settled matter. They called GMAC and found out that GMAC never conveyed the property over to VA. VA says it is not our problem - at least they don't think so. They are getting back to me the beginning of the week but they show the DIL was completed. I pulled our credit report and it shows on TU and EQ the accounts are open and that we are 15000 in arrears. I disputed these accounts several months ago when I found they were open and they were verified. I didn't do anything at the time because of some medical reasons and I didn't have the energy. We are in the process of filing BK. But I don't feel this should be a part of the BK because it was already handled a year ago. Do we have any legal recourse against GMAC. I would love to stick it to them for some other reasons.
  13. I am planning on answering the summons. I just thought it was ironic that I was calling to find out about a settlement and I was accused of harrasment for asking a question. I have dealt with them in writing from the beginning. It was out of curiosity that I called to see if there was a settlement on the debt that could be arranged.
  14. DH had been served a summons from a certain debt collector/law firm. I had sent 2 letters for validation that went unanswered. I have an attorney working on the violations but they won't handle the original summons. I double checked to make sure if I talked about settlement if it would make a difference on the violation case. HE said no. Icalled and talk to the CA today to ask about a settlement on the alleged debt. He told me they would take 50%. I said OK. I started to ask about setting up payments or if I could send it next week. He didn't give me time to ask my question and He the started the dialogue about once it was paid what would happen. He was so eager to settle I had to stopp him and asked why my validation letters had gone unanswered. He asked what I was validating. I asked if he knew what the FDCPA was and why my letters for validation under the ACT. He claimed there were no validation letters. I told him there were and had the green cards to prove it. He told me he could get validation but it would take 30 days. He asked me to submit another letter of validation. I told him no the next thing he would be hearing was from my attorney concerning the violations but I wanted to talk about the settlement of the debt. HE said he was afraid I was going to say that. He then told me to never call the CA again and that I was harassing him. I honestly called to talk about a settlement. I haven't answered the summons yet. I have until Feb 10. Should I hold off on that to see what happens? Any ideas what will happen from here?
  15. I know there is a letter on here somewhere but I am sick and can't think where to look. I asked for validatin and I got back a computer screen print and a copy of a bill from November. Can someone be kind to a woman wiht strep adn link me to the letter to tell them what they sent is NOT validation and to get it right or get lost? Can ya tell I am in no mood to deal with them?

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