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jidteach
- Broke Member
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posted: Jun. 21, 2009 @ 3:06p
Crazytree said:So you're guaranteeing a result of "at least" $10,000 here?Are you just threadcrapping here? Because I really am in this horrible situation and in need of advice. I appreciate any positive comments you can make, but simply challenging posts is NOT helpful. Offer a solution or just leave it be, please. |
Message edited by: jidteach on 2009-06-21 15:07:15 CDT
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codename47
- Senior Member - 3K
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posted: Jun. 21, 2009 @ 3:50p
I have a printed copy from someone who ran my credit on residentscreening.net. Does that count as paper? No. Get a copy from each CRA. Write them, cite adverse action, and you should get a free copy in 5-10 days. A copy from residentscreening.net isn't exactly the best thing to hold up in court.
If they reported the interest amount and did not report it as disputed, then IMHO they violated the FCRA and FDCPA.
So is my next step to file? Where do I do that? I don't need every step in the process, just give me an idea. Do I write them and threaten or just sue? And what the hell does "sue" mean, file in fed or state and which court, and...and...? File in your local federal district court. I am no fan of small claims, and it would likely get removed to Federal court anyway. Don't write and threaten them, just do it. Do you have any lawsuit templates? Check your local court district website (start at uscourts.gov, they have a map) they likely have a pro-se manual. If you need any other help, I can send a few resources your way. Crazytree, I am not by the way guaranteeing 10k, but I am saying that it is in the realm of possibilities, not just a mere 1k maximum statutory claim. Easily 3k for the lost credit, plus 1k FCRA (at least), plus 1k FDCPA, you are at not less than 5k right there. Add in whatever else you lost in cards being canceled, and possibly treble damages (deceptive trade practices), you could get up to 20-30k or more. |
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jidteach
- Broke Member
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posted: Jun. 21, 2009 @ 4:02p
Thanks CN47. I may take you up on the other resources. codename47 said:Get a copy from each CRA. Write them, cite adverse action, and you should get a free copy in 5-10 days.At the risk of becoming a pain, can you please explain "cite adverse action": Do I cite the AMEX cancellations and B of A's credit limit lowering; or the collection agency's collection of a disputed account; or both? I do understand that I should dispute the collection account with the CRA based on specifics, in this case, amount reported, yes? Do I need to take any other step with The CRAs at this point? And do I just forget the original collection? Thanks again for everything. |
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Crazytree
- Senior Member - 6K
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posted: Jun. 21, 2009 @ 4:40p
jidteach said:Crazytree said:So you're guaranteeing a result of "at least" $10,000 here?Are you just threadcrapping here? Because I really am in this horrible situation and in need of advice. I appreciate any positive comments you can make, but simply challenging posts is NOT helpful. Offer a solution or just leave it be, please.The solution is pay your bills when you know you owe them and don't try and play games over interest calculations or else you'll trash your credit score. |
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Crazytree
- Senior Member - 6K
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posted: Jun. 21, 2009 @ 4:41p
codename47 said:I am not by the way guaranteeing 10k, but I am saying that it is in the realm of possibilities, not just a mere 1k maximum statutory claim. Easily 3k for the lost credit, plus 1k FCRA (at least), plus 1k FDCPA, you are at not less than 5k right there. Add in whatever else you lost in cards being canceled, and possibly treble damages (deceptive trade practices), you could get up to 20-30k or more.Ok, we'll revisit this thread in six months to a year and see if op gets his $30k. Want to place a wager? Maybe we can ask for scanned checks with critical details blacked out... just like we do on other types of threads. |
Message edited by: Crazytree on 2009-06-21 16:42:50 CDT
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jidteach
- Broke Member
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posted: Jun. 21, 2009 @ 4:54p
Crazytree said:The solution is pay your bills when you know you owe them "Pay your bills, deadbeat!" is insulting, especially when it isn't accurate. You don't have the first idea of why I disputed this charge and I have no interest in explaining it to you. Now please stop threadcrapping. If you do not like this thread, feel free to stop reading it. |
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ziffy
- Broke Member
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posted: Jun. 21, 2009 @ 5:25p
I hope you stopped going to that dentist. I had the same problem too with a scumbag dentist, everytime I had work done and paid the portion that the insurance didn't play, they came back with small charges here and there. Last one was around $30.00. Finally paid with a check and never looked back. Of course whenever someone asks me for a refferal to the dentist, I will make sure the scumbag don't get any recommedation. |
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Crazytree
- Senior Member - 6K
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posted: Jun. 21, 2009 @ 6:02p
jidteach said:Crazytree said:The solution is pay your bills when you know you owe them "Pay your bills, deadbeat!" is insulting, especially when it isn't accurate. You don't have the first idea of why I disputed this charge and I have no interest in explaining it to you. Now please stop threadcrapping. If you do not like this thread, feel free to stop reading it.I am an attorney who has done probably 50 debt validations, and not one of them ever ended up in a derogatory on a credit report. I even dealt with a dental case, which ended up as an elder abuse lawsuit against the dentist and the financing company and it settled out. I have even had one of my medical bills go to collection, erroneously, and had the debt collector claim that I had ignored 12 letters over the course of one year over approximately $28. This one also resolved without the need for Federal litigation. The difference between an attorney analyzing a case like this and a stranger on the internet are two-fold. Firstly, the attorney must always keep the client's interests first. So is it in the client's interest to pay the principal that is owed and then sue in small claims court later in order to avoid severe adverse action as a result of the derog? Depends on the amount. But what is reckless is individuals who are not attorneys who advise you to send form letters and file Federal lawsuits using form complaints and form motions... especially when a layperson cannot possibly comprehend the ramifications of their actions. Writing a dispute validation letter is not a bad idea, but it is FOOLISH to not follow-up with the collection agency over the telephone and try to resolve the matter. Sending a form letter that you don't understand without following-up is essentially PLAYING CHICKEN with the DCA. Secondly, you have to remember that most of the people that tell you to sue first and ask questions later are people who already have their credit reports trashed. An attorney would certainly advise a client with a spotless credit report to approach the matter with a different risk tolerance than someone who already has multiple collections. The SUESUESUE people tend to be people with severe credit problems who has nothing to lose but their time, and this is not clear to a layperson taking poor legal advice from strangers on the internet. I am an attorney who works on litigation matters, and I am not exaggerating here, probably 340 days a year. The first thing that strangers on the internet will do that an attorney will not is to give you a GUARANTEE OF OUTCOME. There is no such thing. The litigation process is incredibly time-consuming and money-draining. Anyone who claims that you are guaranteed an outcome by modifying forms you find on the internet and filing them is having a severely detrimental impact on those who rely on their advice. Even as a litigator, I realize that litigation is by nature uncertain, and that uncertainty is built into the system in order to promote and facilitate non-judicial settlement by the parties, in fact the whole legal system in this country is set up to either facilitate or to force settlement. Although courts in states like California can maintain jurisdiction over a settlement matter under Code of Civil Procedure Sec. 664.6, the job of the judge is to clear the calendars by forcing cases to trial in order to clear the dockets through settlement. This is a case where OP was likely well-intentioned but misinformed. This entire situation was caused by not trying to resolve the matter among the parties, and instead relying on internet advice and poorly-written form letters copied-and-pasted off of God-knows-where. Litigation should be the last resort, as it is complex and expensive. It is not some surefire moneymaking operation as it has been presented... along with specific, to-the-penny, outcome guarantees. Federal litigation is time-intensive and there are considerable filing fees involved if you can't get a fee waiver. But then if you are getting fee waivers, you don't have a job... so it's no big deal to miss work to come down and sit in court for half the day without getting paid. And all this, for what has been described by certain proponents of this method for an average recovery of approximately $3,500, which DOES NOT take into account lost time and lost filing fees for unsuccessful actions. I am not your lawyer, nor am I offering legal advice specific to your case. However, if you will describe to us in detail the SPECIFICS of the debt and a timeline, perhaps we can come up with a plan of action to minimize the fallout. However, the idea that this is a good thing and that you're guaranteed "at least $10k" is disingenuous at best. |
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Crazytree
- Senior Member - 6K
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posted: Jun. 21, 2009 @ 6:06p
and if anyone wants to give me the names of any cases that they were personally involved in that resolved to the detriment of the creditor or DCA's... you can give me the party names or the case number and I can pull the case of PACER right now and post it for everyone to bask in its glory. then we can post the related FICO scores to the people here can make some intelligent decisions when evaluating advice posted here. |
Message edited by: Crazytree on 2009-06-21 18:08:44 CDT
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jidteach
- Broke Member
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posted: Jun. 21, 2009 @ 7:46p
Crazytree said: I am not your lawyer, nor am I offering legal advice specific to your case. However, if you will describe to us in detail the SPECIFICS of the debt and a timeline, perhaps we can come up with a plan of action to minimize the fallout. I truly appreciate this. I accept your generous offer. Here we go...I had endodontic work (root canal) done on one tooth, in two sessions over the course of one week - at the end of last year. On the bill a charge for a core buildup appears, dated the second date of treatment. This was NOT part of the original course of treatment and was not authorized by me in writing, but performed (apparently) at the request of the referring dentist as a courtesy. This is important because it was not necessary at the time and it added ~$300 to my bill. I paid the endodontist ~$400 of the original ~$1000 charge (exclusive of the core buildup); my insurance paid ~$200, which was all I had left for the year. If you are tracking the math, that leaves about $400 due and owing on the amount I agreed to.
I received a demand for payment of ~$700 in January. Over the course of the next two months I phoned them, then wrote to them twice. With the the second letter I sent a check for a proposed settlement amount. I admit that the check was for less than the ~$400 that I legitimately owed; they responded each time to pay in full or go to collection.
Collection agency first letter dated April 15th had ~$20 interest added to it, which had not appeared on any of the bills or in the contract I signed with the dentist. I responded with the cut and paste validation letter May 13. I have received three more letters form the collection agency, the last of which, dated May 27, states "we have processed your dispute and it has been dismissed demand is HERBY [sic] made for payment in full." My signed agreement (dated the FIRST day of treatment and which includes the phrase "I have been informed of the treatment plan and associated fees") and the bill (showing the core buidup dated one week after the signed agreement) were attached. They listed my account as collection to CRAs June 8th.
Crazytree said: Litigation should be the last resort, as it is complex and expensive. It is not some surefire moneymaking operation as it has been presented... along with specific, to-the-penny, outcome guarantees. At this point I just would like to pay what I agreed to: ~$400. But we are way beyond that now. I would like my credit rating back. I am trying to get a loan for a condo. I cannot imagine how to get my AMEX Blue Sky and SPG cards back. As I said in one of my early posts, I probably should have paid the dentist's office WHAT THEY SAID I OWED - notice the difference between that and WHAT I OWE. But, that is 20/20 hindsight.
This is the *only* collection on my report. |
Message edited by: jidteach on 2009-06-21 19:57:40 CDT
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codename47
- Senior Member - 3K
rated:
posted: Jun. 21, 2009 @ 7:48p
TextAt the risk of becoming a pain, can you please explain "cite adverse action": Adverse action is anything harmful to you based on your credit report. I would just say something to the effect of "I have recently suffered adverse action, please send me a copy of my report"
This one also resolved without the need for Federal litigation. What's so bad about Federal litigation? Scared of doing some work?
So is it in the client's interest to pay the principal that is owed and then sue in small claims court later in order to avoid severe adverse action as a result of the derog? Friends don't let friends file in small claims... how do you get around the uncomfortable question of "if you didn't owe it, why did you pay it?"
I've found that when the lawsuits start flying the credit reports tend to get cleaned up mighty quickly. Severe adverse action based on a disputed debt or false reporting tends to harm the party that did the false reporting the most.
Writing a dispute validation letter is not a bad idea, but it is FOOLISH to not follow-up with the collection agency over the telephone and try to resolve the matter. I agree, collectors tend to violate over the phone a lot. Call them and ask why interest is being added on a recorded line.
The litigation process is incredibly time-consuming and money-draining. Depends on which side you are on and if you hired a lawyer that likes to waste time and money. I've found it to be fairly straightforward and simple.
Even as a litigator, I realize that litigation is by nature uncertain, and that uncertainty is built into the system in order to promote and facilitate non-judicial settlement by the parties, in fact the whole legal system in this country is set up to either facilitate or to force settlement. All this uncertainty from the guy who was claiming that it was an open and shut 1k and 1k only?? Weren't you promising OP that he'd only get 1k out of the case?
However, the idea that this is a good thing and that you're guaranteed "at least $10k" is disingenuous at best. First of all, I never guaranteed 10k, but that does beg the question: what about the guarantee of 1k?
However, if you will describe to us in detail the SPECIFICS of the debt and a timeline, perhaps we can come up with a plan of action to minimize the fallout. If you are such a seasoned litigator, you would know surely that the debt has no relation, at all, to the legitimacy of the credit reporting and debt collection. To paraphrase one judge, the behavior of the collector is the focus, not the consumer. The ONLY thing that matters is: was there an agreement to pay interest? Is the credit reporting accurate?
you can give me the party names or the case number and I can pull the case of PACER right now and post it for everyone to bask in its glory. You show me yours, I'll show you mine. Honestly, I don't need any glory, but hey since you have all this great experience, go ahead and show us all how it is done. |
Message edited by: codename47 on 2009-06-21 20:04:57 CDT
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bighitter
- Senior Member
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posted: Jun. 21, 2009 @ 8:03p
One other possible solution: Send (or better yet, have an attorney send) the dentist a certified letter, return receipt requested to be signed by the dentist, advising him that you intend to sue him for damages (impairment of your credit) unless he makes arrangement with the collection agency to remove the item from your credit report. By remove, you want it completely removed, as in taken off, not merely shown as a "satisfied" account |
Message edited by: bighitter on 2009-06-21 20:06:50 CDT
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Crazytree
- Senior Member - 6K
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posted: Jun. 21, 2009 @ 8:36p
codename47 said:textSome easy questions that I think you should disclose to your "followers": 1. What is your FICO score, within 20 points? 2. What is the most that YOU have received from a credit collection lawsuit, minus attorney's fees and costs? 3. Do you qualify for fee waivers for filing in your District Court? 4. What is your average cost for filing a credit collection-related lawsuit, including the filing of the complaint, service of process, motion fees and other costs? |
Message edited by: Crazytree on 2009-06-21 20:40:23 CDT
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jidteach
- Broke Member
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posted: Jun. 21, 2009 @ 8:45p
Please stop bickering...I could use a wee bit more advice here...then I shall allow you to resume yelling at each other. |
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Crazytree
- Senior Member - 6K
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posted: Jun. 21, 2009 @ 9:01p
what County and State do you live in? |
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Crazytree
- Senior Member - 6K
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posted: Jun. 21, 2009 @ 9:08p
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| codename47 said:You show me yours, I'll show you mine.  |
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codename47
- Senior Member - 3K
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posted: Jun. 21, 2009 @ 10:10p
1. What is your FICO score, within 20 points? 2. What is the most that YOU have received from a credit collection lawsuit, minus attorney's fees and costs? 3. Do you qualify for fee waivers for filing in your District Court? 4. What is your average cost for filing a credit collection-related lawsuit, including the filing of the complaint, service of process, motion fees and other costs? 1. not sure, i havent checked in a while. i don't obsess over it since the nuclear option. Probably under 600. 2. Kinda hard to get into specifics, given some of the cases have NDA's in the settlement paperwork, but over 6k is a fair assessment. 3. No, i don't file informa paupis. 4. 350+ $12 or so for CMRRR service x the number of defendants. Costs? Maybe $100. Total maybe $500 I'm not sure what motions fees are. I was referring to you showing some of your successful lawsuits, not your FICO. |
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jidteach
- Broke Member
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posted: Jun. 21, 2009 @ 11:56p
Crazytree said:what County and State do you live in?San Bernardino, CA. |
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SUCKISSTAPLES
- Charter Member
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posted: Jun. 22, 2009 @ 3:59a
Crazytree said: Secondly, you have to remember that most of the people that tell you to sue first and ask questions later are people who already have their credit reports trashed. An attorney would certainly advise a client with a spotless credit report to approach the matter with a different risk tolerance than someone who already has multiple collections. The SUESUESUE people tend to be people with severe credit problems who has nothing to lose but their time, and this is not clear to a layperson taking poor legal advice from strangers on the internet.
. That is why there is so much "sue the collectors" talk on the deadbeat forums. By suing, they are not just hoping for a small nuisance settlement, but for removal of their negative items. They track their "success" by how many neg items they can get removed from their report through their use of lawsuits. As an attorney myself, I agree with portions of both Crazytree and Codename's points. First, it is wiser to be proactive, and take steps to make sure neg info never makes it onto your report in the FIRST place if your report is clean. Letting a collector rack up violations might get you more $$ in a settlement, but your credit will also be trashed in the meantime. People with good credit scores often want to simply make sure tha nothing negative ever gets reported. Suing is as much for removal of the neg info as it is for the settlement $$. As for OPs situation, since the debt is already on the report and it seems the collector has racked up violations, suing may be necessary to get them to take this matter seriously. Removal of the negative info, with some nuisance $$ thrown in, should make OP happy. |
Message edited by: SUCKISSTAPLES on 2009-06-22 04:01:43 CDT
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walletLess
- Senior Member - 2K
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posted: Jun. 22, 2009 @ 5:09p
Unfortuntely, suing has become a necessity these days. The creditors know that people are afraid of getting dinged on CR so they use it as a 'tool' to 'threaten' for even things that the person may not owe. Case in point: My previous landlord wanted me to pay for a damage that pre-existed. I have all the proof in hand - photographs, move-in inspection checklist, email follow-ups, etc. He still wanted me to pay for it, and threatened that he would send me to collections if I did not pay up. He did send me to collections, I disputed, won, and put the landlord to rest. Had he not agreed with it and had the collections removed, I would have definitely sued the collections and the landlord. |
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