I am clueless about this, so I hope someone can give me some insight. I filed a 13 in 1996, included in that was a ford credit car payment(car is long gone now), my case was voluntailly dismissed by us 1 year ago, although payments were being made all along on the account thru trustee, when we dismissed we had a balance of 2000 left. Ford wants that money, and it has not yet gone to a collection agency,(the lady who is holding the account is actually VERY nice)... on my report it is listed as date opened/reported since 1992/1994 date of status/last reported- 1999/1996 terms/month payment- 110/$0 recent balance/recent payment-$0 as of 1996 staus/details-dicharged thru BK(I really dismissed) chapt 13/current was past due 30 days(I was current at filing) this account will remain until 2-2003. Do I have a SOL where as I would not have to pay the rest-the remaining bal is all interest according to my 13 papers. Do they have a case to file a judgement?
Yes, they do have a case to file motion for summary judgment at any time they so desire. In the particular situation you are discussing, that's probably the best way to get rid of the deal would be to let them file motion for summary judgment and then wait a good 45 days and go pull the records of the court and find their errors in filing and pleadings and then file petition to vacate summary judgment. You would have about a 98% chance of getting it done based on national statistics. Once the court has granted your petition to vacate summary judgment, you can then go back and sue them and their attorney for violation of your due process rights and in the case of the attorney, he gets hit for unlimited damages. I've never done that yet, because I've never had any any case that was ripe, but I've got a couple coming up soon.
If they have the correct account number, dates and my correct personal info, what kind of mistake would I look for AND if I start making payments does that make it stay on record another 7 years or will it still be off in 2003
I'd like to answer your question about what kind of mistakes you should look for and I'm willing to do so by private email, but I've just received another email from a lady who got what may very well be a perfected validation and it was sent to her Certified. So that plus the fact that she isn't the only one that this has happened to tells me just one thing and that is that many of the lurkers out there watching this board are glomming up on all the free advice and information and starting to wake up and die right. In otherwords, we are giving our enemies the information they need to beat us at every turn. I think Bkev's excellent advice on what he now refers to as "the Bkev method" may also have turned out to be another example according to some of the recent posts I have read here on credit net. Seems that what once worked just great may turn out to have a very short life expectancy and it's not that he didn't have a good idea. Au Contrare, the credit bureau lurkers probably picked up on it real quick and it may now have lost it's usefulness for that reason. And that probably would have happened sooner or later anyway, but the question remains whether or not it's life expectancy was in fact shortend dramatically by credit bureau lurkers here on the board who probably never post here. If such be the case, then giving out such vital information as we have been accustomed to here needs to stop and stop immediately and be taken up in private email. So if you want an answer send me an email and I will be happy to answer your question. If we force the lurkers into posting instead of getting free information simply by lurking then we will be more likely to know them for what they are by their postings. I'm working on another solution to this problem and I do have the solution, but it's probably going to be about a week before I can get it implemented. It will most definitely put an end to such problems as we may be facing at this time. I can't do any more than speculate that lurkers may be getting free info and starting to use it to perfect their validations and other actions, but we really can't afford to take the chances that I'm wrong because after all there are only so many things that one can do and if we give all our options away then we soon enough will have none left. It will then become increasingly difficult to the point of impossibility very quickly. It has been believed, even by myself at one time not long ago that it would make you a new date, but it's now quite clear that a debt cannot legally be reaged.
