Credit and Debt Problems Forums http://www.debt-consolidation-credit-repair-service.com/forums/ Debt consolidation credit counseling giving free credit reports for credit repair and consumer credit counseling. Bill consolidation by utilizing low interest credit cards can repair credit and rebuild credit to avoid bankruptcy en Thu, 16 Jul 2009 22:26:04 GMT vBulletin 60 http://www.debt-consolidation-credit-repair-service.com/forums/images/styles/bluedeluxe/misc/rss.jpg Credit and Debt Problems Forums http://www.debt-consolidation-credit-repair-service.com/forums/ TheCreditInfoCenterForumshttp://feedburner.google.com Motion and Order in Supplimental Proceedings http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296551&goto=newpost Thu, 16 Jul 2009 21:44:54 GMT A brief summary:

I've been ordered to appear in court to answer questions under oath "concerning his property, and to restrain defendant from disposing of his non-exempt property pending the hearing."

Any ideas on what to expect? Any suggestions or resources to prepare?

An additional summary:

The (default) judgment is for only $5800 with a food supplier. I attempted to get this vacated, but failed. There are two similar summons that were filed that I answered, and my guess is that the are fishing to see if its worthwhile to pursue those pending cases. I believe they probably reviewed my credit report, saw some property-related mortgages on the CR and decided to put me under oath. Still, this seems like a huge time-waster for this $300 per hour law firm.

I have three properties, two were deeded to an LLC in 2006 (no conveyance issues), and one (personal home) was deeded to same LLC at the end of 2008.

Even if these properties were in my personal name, all three are considered exempt because they are all underwater and don't meet the equity threshold. My home was deeded to LLC for legitimate reasons as well.

I'm just looking for any "gotchas" that might be out there? Any suggestions? ]]> Post Judgment Forum alpinetiger http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296551 MMA Explained http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296550&goto=newpost Thu, 16 Jul 2009 20:39:44 GMT Image: http://www.penny-arcade.com/images/2009/20090715.jpg ]]> Off Topic someonesomewhere http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296550 Has anyone ever heard of NACA? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296549&goto=newpost Thu, 16 Jul 2009 20:17:03 GMT Any one have any experience dealing with the Neighborhood Assistance Corporation of America (NACA)? Seems like a grass-roots lender system to... Any one have any experience dealing with the Neighborhood Assistance Corporation of America (NACA)?

Seems like a grass-roots lender system to compete with FHA backed by some big financials. But I don't know how they rate with actual people who have used their services to buy a home. ]]> Mortgages Methuss http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296549 Negotiating payment plan with large down payment http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296547&goto=newpost Thu, 16 Jul 2009 19:04:43 GMT Hello. I have an unsecured $17,000 balance with a creditor. This is a fuel card for commercial tractors and the arrangement was that they deduct... Hello.

I have an unsecured $17,000 balance with a creditor. This is a fuel card for commercial tractors and the arrangement was that they deduct the full balance from our checking account weekly. We've been good paying customers for over 2 years with this company.
We've been through serious financial trouble in the past few months and were not able to pay them for 4 weeks now, so the payments have bounced.

I have talked to them regarding a payment plan, but they want weekly payments of $800 that we cannot afford. We offered to pay a lump sum of $4,000 back right now and continue with payments of $400 monthly until paid in full.
They said to send in the $4,000 first and then call themn again about the payment plan. Obviously we told them we will not send any money until we can reach an agreement in writting.

Now they're leaving nasty messages on the phone.
I have all the intention to pay them, but would like to reach an agreement first. I will not commit to something I cannot pay later on, and they do not seem to understand that.

I would like to try to settle something with them before the account is sent to collections.

I found several references online that talk about sending them a letter with a conditionally endorsed check for the initial $4,000 payment. Can I also ask that they refrain from negatively reporting to credit bureaus while we're in negotiations and while I make payments as agreed?

As I understand, using a conditionally endorsed check is a form of accord and satisfaction but in this case itīs only a partial payment, and not payment in full as the balance will be paid ininstallments.

Is this the best way to handle this situation?

Thank you!! :) ]]> Collections vale007 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296547 question about 623 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296546&goto=newpost Thu, 16 Jul 2009 18:47:29 GMT Searched thru the forums and cant find an answer...but..is the OC required to mark the account as "disputed" on my credit reports after receiving a 623 letter??? If so can you point to verbiage in the FCRA that backs it up....Thanks ]]> Credit Repair seven http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296546 Dont know how to proceed w eviction/judgement record http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296545&goto=newpost Thu, 16 Jul 2009 18:42:35 GMT Just found out that a prior leasing company that I was leasing a house thru files an eviction on me. This was in September of 2008, but I was never... Just found out that a prior leasing company that I was leasing a house thru files an eviction on me. This was in September of 2008, but I was never evicted. The leasing agent kept telling me that the homeowner was letting the house go into foreclosure. So I informed the leasing agent that I would just move my family as I cant live not knowing if we would be put out of the house out of the blue. The leasing agent never objected to me moving out. I moved out September 9th, 2008. The eviction states it was filed on September 16, 2008. I called the agent on September 12, 2008 and told her I had left the keys in the home as they had a spare key. The leasing agent never objected..stated she understand due the actions of the homeowner with never wanting to fix anything(air conditioner, sprinkler system..etc) and also with the homeowner always crying that she is going foreclosure and not paying the association fees. Now the eviction record doesnt show on my credit report, rather some seperate eviciton report that I was recently informed of. For judgement it shows $0, but it still shows an eviction on my record now. What recourse do I have in getting this removed? I do not feel this correct , considering I was never evicted, never locked out , and was given the ok by the leasing agent to move and I never even demanded for my security deposit. Do I just file to have this vacated???? ]]> Is There a Lawyer in the House seven http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296545 identity theft resulting in mortgage loan... http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296544&goto=newpost Thu, 16 Jul 2009 17:43:15 GMT i'll try to make a long story short. I really need your advise on where to start. i was a victim of identity theft when attempting to purchase a condo. Prior to closing i need to handle other things(more money down), of which i was not prepared to do at the time. so, i walked away from the property of interest. but the person acting as a realtor used my credit info to purchase a home in my name. i've been dealing with this for years. Recently rec'd a letter from the state of attorney's office in referrence to the case. The person was charged with identity theft/financial institution fraud. how do i proceed to get this loan off my credit. the loan is through accredited home lenders. Do i go through the CRA or OC?
thx in advance for any advise
shawillie ]]> Mortgage Fraud shawillie http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296544 I am being sued by FIA card/collection agency with a wrong account # http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296543&goto=newpost Thu, 16 Jul 2009 16:58:31 GMT I received a summon from Glasser and Glasser collection agency. As it appears on the summon the plaintiff is FIA card. I appeared at the court on... I received a summon from Glasser and Glasser collection agency. As it appears on the summon the plaintiff is FIA card. I appeared at the court on June 2009 and the case is set for trial in August. Since the summon is the first communication I received from the collection agency I send them DV letter disputing the debt and they responded with a bunch of photocopy of a statement with a different account# from what they are suing me. I send them a second letter requesting a clarification with the two account# and they did not respond to my letter. Now I received their BOP that they file to the court and they stated the original account# (which I had already paid it off last year) was the one on the statements but when it was charge off the account# changed. I looked at my credit report for two previous years and this year and the date the accounts opened is two different years. I need all the help I can get in dealing with these deceptive collectors ]]> Collections hami http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296543 I think I have already lost. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296542&goto=newpost Thu, 16 Jul 2009 16:22:49 GMT I've gotten so much invaluable advice from everyone already, but need any last thoughts or comments.

My goal is to avoid a judgement.

Trial is in a few days. No discovery has been done or can be at this point. Cannot ask for a continuance as the trial date is too close. Still within SOL. Still not sure if Cap1 is the real party of interest. Per their disclosure statement they will have a witness or associate from Cap1. Cap1 evidence at trial is about 6 old statements and the generic cardholder agreement. They just sent supoena for bank statements which I must bring to trial.

I have mixed feelings at this point. ]]> Is There a Lawyer in the House scj09 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296542 What would you do? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296541&goto=newpost Thu, 16 Jul 2009 16:08:36 GMT Hello everyone. I have been lurking around here and I now have a question. In examining my credit report for the very first time I have found this... Hello everyone. I have been lurking around here and I now have a question.

In examining my credit report for the very first time I have found this where Experian is showing a $533.00 balance.

My question is what would you recommend? What about the Credit line closed-grantor? Should I dispute it? After all its from 1994.

Thanks for any input.

TransUnion
Account Name AMEX
Account # 3XXXXXXXXXXXXXXX
Account Type Credit Card - Revolving Terms
Date Opened 11/01/94
Balance $0.00
Account Status Closed
Payment Status Current
High Balance $533.00
Limit $100.00
Terms Revolving
Comments Credit line closed-grantor request-reported by

Equifax
Company/Account Name: AMERICAN EXPRESS
Account Number: 3XXXXXXXXXXXXXXX
Date Opened: 11/01/94
Last Activity: 10/01/08
First Delinquency: N/A
Type: Revolving
High Credit: PAYS AS AGREED
High Credit: $533.00
Terms: N/A
Balance: $0.00
Past Due: $0.00
Most Recent Date Reported: 10/2008
Comments on Account: Account closed by credit grantor

Experian Account in good standing
Account Name: AMERICAN EXPRESS
Account Number: 3XXXXXXXXXXXXXXX
Status: Closed/Never late
Date Opened: 11/01/94
Reported Since: 10/01/08
Date of Status: 10/01/08
Type: Revolving
Monthly Payment: $0.00
Responsibility: Individual
Credit Limit/Original Amount: $100.00
High Balance: $533.00
Recent Balance: $533 as of 10/2008
Recent Payment: $0.00
Creditor's Statement: Account closed at credit grantor's request. ]]> Credit Repair kronos1962 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296541 where to start? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296540&goto=newpost Thu, 16 Jul 2009 16:03:55 GMT :confused:Hello everyone! I'm very new to the site. just wanted to say hello and get directions of where to start. my problem is i was a victim of identity theft which resulted in the purchase of a home. the loan shows on my credit report. i recently rec'd a letter from the state attorneys office stating i was a victim. so how do i proceed with this letter. do i go to the credit reporting agencies first or to the OC?
Thanks in advance for your direction here.
shawillie ]]> Credit Repair shawillie http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296540 Voluntary Repo in La. now live in CO, which state applies? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296539&goto=newpost Thu, 16 Jul 2009 14:09:01 GMT I was looking at another thread about a car being repo'd and Kelly kindly provided a link to the various state laws regarding repo's and it got me to thinking.

In '05, I voluntarily turned my SUV back over to the finance company because I could no longer afford the monthly payments. In '05, I lived in Rapides Parish in Louisiana. I never received a notice of the sale of the vehicle.

In late '07 I moved back from La. to Colorado to find better work. Shortly thereafter I was contacted by MCM about the deficiency. I told them I wouldn't discuss anything by phone and everything had to be in writing. I never confirmed or denied the debt was mine. In June or July of '08 I did DV them (I know well outside the 30 days) and sent them a limited C&D (no calls, mail only). They never validated (not even a courtesy, this is your debt and we know it because it's your name and account number kind of thing), but they send me an offer to settle every month or so.

At this point I've just been waiting out the SOL, but the list of state laws on repo makes me wonder. Under "Deficiency Requirements" in La. it says:

Quote:
Not permitted unless seized through the court pursuant to a chattel mortgage foreclosure and sale. Confession notes are invalid.
Since I voluntarily turned the vehicle back in to the finance company, there was no court involvement. So does this mean they can't collect the deficiency? What about now that I have moved to CO where it says:

Quote:
A creditor must account to the debtor any surplus, and unless otherwise agreed, the debtor may be liable for any deficiency. (C.R.S. 4-9-502(2).) However, in a consumer credit sale of goods or services transaction, the debtor may not be responsible for any deficiency amount if the creditor repossess the collateral or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a secured interest, and the cash sale price of the goods is $2,100.00 or less. (C.R.S. 5-5-103.)
Again, they never told me when or where the vehicle was being sold or for how much. The next time I heard anything about it came from MCM. I know I can push MCM and try the 623 method (which was one of the reasons I DV'd them in '08), but I wondered if a simply FOAD letter would be better based on the transactions having taken place in Louisiana. ]]> Is There a Lawyer in the House tempteroffate http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296539 Got in over our heads, now trying to fix it http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296538&goto=newpost Thu, 16 Jul 2009 14:08:09 GMT Hello,

I'm new to the forum and have found some very useful information. I was hoping to get some advice on a number of questions. To begin here is my story in a nutshell.
In 2005 we were set to sell our house in NY and make over 200K and use the proceeds to buy a new house in NJ. Two weeks before closing we found out that there were items on the title from before we bought the house and the bank refused to give the buyer a mortgage. So we ended up having to keep the house in NY and proceed with buying the house in NJ. WE did 100% financing and the interest rate jumped from 6% to 8% and 11%. We struggled through, renting the house in NY (half the time the tenants didn't pay) and trying to make ends meet, while we tried to fix the title. Anyway, between then and now, we incurred 80K in credit card debt + 20K in debts to, all the while thinking that we would pay it off when we finally sold the house in NY. However, the market crashed and we lost 100K in equity in that house. We now have an offer and it looks like we may be able to sell that house. We are 7months behind on our mortgage in NJ, and 3 months behind on our credit cards. We just stopped paying because we realized that we were just incurring more and more debt each month. So below is the debt that we have and the status:

House in NY- 280K mortgage current. Possible sale for 400K.
House in NJ- 452 first mortgage - 7 months behind, working on a loan modification. 113K second mortgage- has offered to settle for 12,500. (house is now worth about 400K)

CC- 3 months behind on all, thinking of calling to try and settle.
Chase- 9000
Chase- 55,000
BOA- 36000

I'm sure our credit is shot (we had perfect credit before) so my first question is, is it better to try to settle with credit cards before they charge off, or wait untill they sell to a collection agency? How will we know if they sell to a collection agency?

Also, what are the tax consequences of settling credit cards?

thanks! ]]> Debt Settlement TryingtodigoutNJ http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296538 CA notice for acct # I never had? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296537&goto=newpost Thu, 16 Jul 2009 13:59:19 GMT CA sends a notice to collect on an account with a company I use, but is not an account number I ever had. Nothing ever reported to any CRA's/ no TL's.
In fact, I'm in good standing with the "OC". What should letter say & not say to this scum? ]]> Collections scramert http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296537 <![CDATA[10 Things Your Real Estate Broker Won't Say]]> http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296536&goto=newpost Thu, 16 Jul 2009 05:41:00 GMT Good general advice about real estate brokers. Some of it seems a bit far fetched (#3), but pay particular attention to #4. ... Good general advice about real estate brokers. Some of it seems a bit far fetched (#3), but pay particular attention to #4.

http://finance.yahoo.com/real-estate...realestate-buy ]]> Credit Article of the Week jq26 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296536