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centex

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  1. Ordinarily, the BEST place to find DOFMD is in your file cabinet where paper statements would be in a file folder. Barring that, you need paper reports directly from the four major bureaus. You then match that data up with your bank records. I'm guessing Green Path is one of the third-party screw-everything-up debt management companies- if an account was not already charged off when those companies were hired, you can bet it gets charged off not long after. If that is the case, then it is all but guaranteed that accounting will be screwed up and that the limitations expiry for litigation has likely been prolonged (although you will need to review the statutes for your jurisdiction to know for sure- I don't practice in Iowa and I am not going to go digging through the statutes and case law applicable to that State).
  2. I've got a client who is due for release soon and asked me to pull her reports to gauge the damage done by idjit spouse who does not value the importance of good credit. I was able to get two of the three major reports online, but requests for paper copies of all four of the majors will be going out post-release. On the Equifax report, there is an inquiry from one of the major banks earlier this year with a Request Orignator of EIS/ML. Of the four hard inquiries, this bank was the only one that had anything in that field. I tried looking online but I guess my Googlefu is lacking as I could not find anything. Client is somewhat concerned given that the date of the inquiry is actually a few days after she had been taken into custody to await extradition. There is a previous history of an abusive ex having applied for things in her name. She has no other accounts for which the bank in question should have been poking around. Anyone got a clue what EIS/ML stands for?
  3. Once you have been in the new State of residency for a period of time (varies by jurisdiction), the rules of the new State are controlling for litigation purposes. By example, one has to live in Texas for a full year before acquiring the protections of Texas law on matters such as Statute of Limitations. Until that time, the limitations period of the former State would control, although the other provisions of the Civil Practice and Remedies Code would apply as would the Rules of Civil Procedure governing trial procedures... Then there are the contracts which have some specific language about which State law is controlling. Further, regardless of the jurisdiction applicable in your case, you still have a fresh default (to the extent that three years is fresh). You are fair game in damned near every State right now...
  4. Generally speaking, the loans that are not subject to a discharge through BK are those which were federally-guaranteed. A private loan would generally fall into the same category as any other debt. The nature of the school is not, to my understanding, an element in the BK equation.
  5. seems the answer is a resounding 'yes.'
  6. Have patience...you sent the app via snail mail during the busiest time of the year for the USPS AND at a period where people who do the specialized processing are beginning to burn their must-use hours before the close of the calendar year.
  7. The other thing about those idjits is they never seem to grasp that companies LOVE reading social media. Even if the business was behind the curve, a few hours reading popular forums tells them precisely where the weakness might be and how to close the door. Of course, there are also some who never grasp the reality about prosecutors reading a defendant's social media postings, many of which can be quite damning as it relates to either the case at hand or, alternately, compliance with pre-trial release conditions...
  8. She lacks clean hands here. The issue of being a few weeks shy of 18 at the time of signing on a recurring monthly expense is mooted by the continued use of said services AFTER turning 18. The other issue is going to be what ID was produced at the time of signing any sort of a lease. However, it sounds as though it is the utilities that present the issue here, not the apartment lease. As for reporting, cities and other municipalities often flip their delinquent accounts to a contracted third-party for the mundane things like reporting and mailings, but that usually won't occur until an account has gone to a 90 or 120 day status. Most will still hold control over the paper though... You have to make the decision as to whether to bail her out or let her learn about actually being responsible on her own. There are too many stories, however, of parents that continue to bail their irresponsible kids out beyond the FIRST instance of fiscal irresponsibility. If you DO bail her out THIS time, then be firm that it won't ever be occurring again...and that this holds true no matter whether it is a bill or bail.
  9. If your dispute could, in ANY manner, have been interpreted as a claim that the account did not belong to her, then it triggers the placement of a fraud alert. This is one (of MANY) reasons why so many here recommend against using the crappy crap crap generic letters found on some sites...and why SPECIFIC letters tailored to the individual file are a far better approach.
  10. Concur with this and it is a discussion I have had more than once with mom...she gets on me from time to time about 'I don't know why you need so many cards.' I keep explaining to her that it is always better to have the credit and NOT need it than to need it and have to hope someone will grant it... Having credit does NOT mean one has to use it and max cards out. And, as is discussed many places here on CB, using credit is NOT the same as going into debt. Properly used, credit is a tool that works FOR the consumer and can even PAY the consumer for having used the tool...
  11. DO NOT dispute online. Those are the easiest ones to process rapidly and to say no changes are necessary. An effective dispute will be one that you have typed out and that is SPECIFIC to YOUR situation. DO NOT use some cut-and-paste crapola found on a website. The various entities have seen all of those and have standard replies all set to go. A TAILORED letter creates an increased chance of forcing someone to actually address the issues. However, aside from the duplicated reporting (presuming it is, in fact, the same entity reporting the matter and NOT an OC and a third-party), you should not get your hopes up given the lack of records discussed in this thread...
  12. That says the ball is rolling in the right direction. Hopefully, if approved, they don't condition it upon a closure of the accounts where balances are being paid through the loan (yes, some consolidation lenders DO include that stipulation). If you have not yet done so, you might want to put together a spreadsheet that shows what is outstanding and how this consolidation changes those balances.
  13. The fact that someone with a Bar card advertises does not mean they are GOOD at what they are advertising. The reality is that they are looking for a fee to be collected. Generally speaking, when counsel is good at the area of expertise, advertising is not needed. The business comes through word of mouth, whether by referrals from satisfied clients or from other attorneys that know the skills. My practice falls into that category (I don't do credit work but instead work in a State-specific niche area of post-conviction defense). We did get our website back up earlier this year but went close to two years without a functioning website. No billboards and no television ads. Still, enough business that we turn away some prospective clients... With respect to credit work, you are not going to find someone that takes the case on contingency. This means you would be fronting the fees and could expect to see invoices of at least a few hundred bucks per hour. The ONLY way you get those funds back is if the case actually goes to trial, you prevailed AND the Court entered an Order that also granted costs. Since most litigation settles outside of court, you would not have such an Order. Outside of someone who is about to make a high-dollar purchase where an extra point or two of interest generates real costs, you won't have damages that warrant spending a few thousand on counsel and competent counsel is going to tell you the same thing when you call them. This is not to say that you would not also find offices that will take on any case where someone is willing to write a check for payment... You may also want to explore an option in your goodwill letters whereby you seek to let them continue to screw the kid by reporting but instead delete it from your record. I would ALSO demand that the child immediately take steps to refinance the loan so that their future irresponsibility impacts only them and NOT you...
  14. At what point did you notify the pest control company, in writing, of the problem? What written follow-up did you take with the regional point of contact who had indicated an adjustment would be made? If you REALLY wanted to ensure the matter disappeared, then you take that copy of the letter that you have in a file folder and you pursue a charge of fraud with your local prosecutor. Had this not been botched from the get-go, I dare say that you would have seen the company send someone back out to properly perform the service, after which you would have paid and could have walked away from the future use of the company. Instead, you have come across as the petulant little kid and severely harmed your cause...

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