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HELP HELP HELP!!! Judgement

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Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement



Tink wrote:
I sent a DV and PFD to Midland and have received nothing. This was sent certified mail. I also sent a DV to the attorney's office and again nothing.  My biggest concern is that if I call them and they deny my offer they can use it against me in court. I have a big decision to make over the next few days.
 
Forgot to ask if anyone knows how many points I can expect to drop off my score if a judgment is indeed awarded to the plaintiff. Does a judgment carry the same weight as a bk?


Message Edited by Tink on 08-29-2007 10:34 AM

to many and stays 10 years.  Have you tried to get an attorney??
 
Do you know who the OC is that they are trying to sue for??  remember DOLA starts with OC  any chance that CA er-aged.


Message Edited by HappyDays on 08-29-2007 11:29 AM
Message 61 of 88
Tink
New Contributor

Re: HELP HELP HELP!!! Judgement

The OC is Aspire Visa. Everywhere I've checked online basically says that card is no longer available. I guess they're no longer in business. Midland Credit Management has the acct now. I received an equifax CR today. It has DOLA as 09/2003 which is what TU gave me for DOFD. There is nothing listed under date of last payment. I reached out to several attorneys via the internet and only one replied. He said their office does not handle these types of cases.
Message 62 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

www.naca.net      put in zip & they will give you a list of consumer lawyers
Message 63 of 88
Tink
New Contributor

Re: HELP HELP HELP!!! Judgement

I tried them. Two never replied and the other is the one that said he couldn't help me. Maybe I should try again and make sure I am giving very detailed info.
Message 64 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

If they have a phone #  call it
 
Also call the OC   talk to a super.  if they still have records maybe they will fax or mail a DOFD....the DOFD or DOLA  are different in state court. Federal lets them wait 90 days to report....you can use those 90 days.


Message Edited by HappyDays on 08-29-2007 05:15 PM
Message 65 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

Just poking the thread (and any lurkers) with a stick.
 
 
IF YOU BELIEVE A DEBT COLLECTOR HAS VIOLATED THE LAW, you can file suit in a state or federal court ...
 
State AGs aren't in the bidniz of giving out legal advice to the citizenry, so when they do you can be danged sure it's rock solid.
Message 66 of 88
Tink
New Contributor

Re: HELP HELP HELP!!! Judgement

Ok. So, I finally found an attorney. He's a bankruptcy attorney but I made it clear that is not what I'm looking to do because my situation is not that drastic. I explained I am looking for someone to represent me in court for the civil suit. He said he could probably get it settled out of court. He charges $500 to work on getting the plaintiff to accept a settlement (settlement offer would be for $1500 and amount of lawsuit is $2300). I already sent a PFD to the CA but got no response. Here's the catch...If the plaintiff does not accept the offer, we still have to go to court and he then charges me $350 for the court appearance. I am not sure what to do. If we go to court and lose, I still have a judgment on my CR right? And then I have to pay whatever the judge awards plus court and attorney fees for the plaintiff. Any advice? His fee seems really inxpensive. Almost too good to be true. How do I know he is doing his best to get me a fair deal?
Message 67 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

You are in my prayers Tink....lets hope that the attorney for them is a no show!!!!  If they cantact you in any way  do not tell them that you will be there with your att......
Message 68 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement



Tink wrote:
I finally found an attorney. He's a bankruptcy attorney
I made it clear that is not what I'm looking to do
...
He said he could probably get it settled out of court.
...
I am not sure what to do.
...
Any advice? His fee seems really inxpensive.
...
How do I know he is doing his best to get me a fair deal?

When you talked to the lawyer, did he seem "to get it"? What I mean is, did he understand that your goal wasn't just to pay the debt, but also to get a deletion from your CRs and avoid a judgment?
 
Is he setting out to negotiate a PFD or simply payment in lieu of a judgment?
 
Having a lawyer on your side is ALWAYS a good idea when there's a lawsuit in play. There are court rules which are tantamount to games. Neither you nor I devised these games, but they exist. Having a lawyer navigate those games could mean the difference between a win and a loss.
 
The lawyers fees might seem low for any number of reasons. He might be doing a top notch job and just not fully realize the merit. He might empathize and is giving you a break on the price. He might feel confident he can negotiate a win for you. Some CAs have a lawyer or trained negotiator that your lawyer will talk to, because the CAs know court is a gamble and it costs them money so a guaranteed partial payment beats a questionable full payment.
 
Aristotle said the law is reason free from passion, and yes I got this from "Legally Blonde". But I also agree with Elle Woods. Passion is a necessary part of any good lawyer. If you had a good feel from the lawyer, then that is a good sign.
 
Message 69 of 88
Tink
New Contributor

Re: HELP HELP HELP!!! Judgement

I only spoke with him over the phone. I am going to see if he will offer me a free consultaion so that we can sit dow and discuss this. I will call him on Monday and see what I can set up. Some attorneys waive the consulation fee when you agree to let them handle your case. We'll see what happens. I've still got some fight in me yet. I will be sooooo happy when this ordeal is over. Oh and another thing, I wrote to the state attorney general's office to get info on the SOL for suing over credit card debt. Here's their reply:

Thank you for contacting the Pennsylvania Office of Attorney's Bureau of

Consumer Protection regarding an inquiry about debt collection. You may

find helpful information on the Unfair Debt Collection Practices on our

website at: http://www.attorneygeneral.gov/consumers.aspx?id=244.

Please note, contrary to what many consumers believe, there is no

limitations on the amount of time that an old debt can be considered

valid.

If you have any questions regarding debt collection practices or you

feel that you may be a victim of unfair debt collection practices you

may file a complaint with our office from our web site,

http://www.attorneygeneral.gov/uploadedFiles/Complaints/BCP_Complaint_Fo

rm.pdf. Simply fill it out, sign it and send it with any supporting

documentation.

If our office can be of any assistance to you, please feel free to

contact us.

 

Bureau of Consumer Protection

14th Floor, Strawberry Square

Harrisburg, Pennsylvania 17120

717.787.9707 (Out of State)

800.441.2555 (Only in PA)

717.787.1190 (Fax)

 

I don't think they understand my original questions. I basically wanted to confirm if the SOL for suing is 4 years or 6.

Message 70 of 88
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