HELP HELP HELP!!! Judgement

[Anonymous]

Patience,

I'm not really sure of the relevance. Yeah, Jay Printz and Richard Mack both sued over Brady and involved the Tenth. One part of the Brady Law was struck down as unconstitutional, and it became moot when NICS came online and the 5 day wait expired in 1998. NICS requirement obtains.

The feds compelling the states to do something, and state courts being able to hear FCRA/FDCPA, isn't even apples and oranges. It's apples and orangutans.

[Anonymous]

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Tink wrote:

Hi Cobra. Yes. It's from the court. I actually called and spoke to the clerk. I faxed my intent to defend form and received a hearing scheduled for 09/18. I will be there. I sentr another debt validation request. This time I sent it certified mail and received my return receipt.

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Tink, When you go to court take ALL your papers with you. All CRA reports and all disputes with answers from CRA

Take the NEW DV  letter & CM paper along with GC.

Make sure that you have statues that you can read from & know what they mean.

Keep state statues apart from federal .

I think that you will need copies for yourself & for the court. (not for the azz hxxxx CA)

This way the judge can read & you can see what questions he might ask you.

by the way   who is the OC and do you know the DOFD that the CRA has??

I want to wish you the best of luck with this.

Also  the CA attorney might try & settle before going into the courtroom.

[Tink]

Hi Happy Days!

The OC is Aspire Visa. I can't seem to locate the dofd on the report. My TU report shows date placed for collection as 06/2005 and that the acct is scheduled for deletion 08/2010.

Edited to add - I received a settlement offer from Midland Credit Management (who is being represented by Burton Neil & Assoc). Anyway, I haven't received any kind of response from Burton Neil & Assoc and still have no debt validation.

Message Edited by Tink on 08-21-2007 04:29 PM

Message Edited by Tink on 08-21-2007 04:47 PM

[Anonymous]

tu can tell you over the phone dofd

[Tink]

Great! I'm calling them tomorrow.

[Tink]

Per TU, DOFD is 09/2003. Looks like I am screwed in court.

[Anonymous]

CRAP!!!!!!  I am so sorry....If you can     you can talk before court & ask for PIF or take a chance & ask for PFD.........BUT before you pay that way   get it in writting!

Pray that they do not show up for court!!!!!!!!!!

Also call EQ and EX  for DOFD     You might get lucky and they have different DOFD that is in your favor.

Message Edited by HappyDays on 08-27-2007 09:53 PM

[Anonymous]

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@Tink wrote:

Per TU, DOFD is 09/2003. Looks like I am screwed in court.

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Even if it does go on your credit report and is valid, you can dispute it. The courts will have 30 days to verify which the will probably not be able to do and it will be deleted. I have successfully done this with a PA court judgement in montgomery county. Mine should have never been entered as I moved and did not receive proper notice in addition to the fact that it had been payed before the judgement was entered. Either way, you should be able to get it off. Good luck!

[Anonymous]

I enforce judgments for a living. Definitely try to avoid actually having a judgment rendered against you. 

My hunch is that Aspire sold the debt to Midland Credit.  So my advice would be to contact Midland Credit directly (or their lawyer) and negotiate a lump sum settlement.  If you owe $750.  Offer $350 via credit card payment today (or something similar that gets payment done that day) and avoid the judgment.  You may want to be a little cocky and explain that if you go to court you have a valid defence and you think you'll win.  But that you don't want to lose a day of work.  You'd rather pay the $350 and call it a day for all parties.  The other side doesn't risk losing or incur additional legal fees they aren't sure they'll ever recover so they'll probably accept the offer.

If a judgment is rendered, Midland can take the full balance due plus legal fees, court costs and post-judgment interest.  They won't be asking at that point.  They'll garnish your wages and bank account.  And they'll have the power of the legal system behind them.

It would be an easy way to resolve a negative situation altogether.

Good luck! 

BTW - I am not a lawyer so please don't construe this thread as legal advice.

Message Edited by JudgmentGroup on 08-28-2007 06:00 AM

[Tink]

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