I am still looking for ways to deal with the attorney who failed to prepare a case for me then over charged me. As I said earlier I can file a complaint with the state's bar and dispute her fees. However, it was suggested (by a state insider off the record) that this might take several years and the account would fall off my report before that time. Now, I have to admit I was always suprised that she didn't just sue me. So I was looking over the SOL for the state where my attorney collection is from. 8 years. Do you think she is waiting to see if I pay in the 7 years and then will sue after it falls off? The account is showing as a duplicate with the same information on both except the dollar amount is $1 off from each other. I need to get the duplicate removed as it's for $2700 and keeping my EQ below 600 and my debt ratio in a dangerous area. Should I be taking another route?
After giving this a couple of hours thought I think I have a game plan. The atty hasn't sued me in the past 5 years. Perhaps I will send her a validation letter and start building a paper trail like I should have 5 years ago. I am crossing my fingers that this will not bring on a suit from her or the CA as they might think I am just covering my bases before paying the bill. Do you think I could be wrong here? Again, I really need the duplicate off of my report. Awhile back, before I knew better, the CA promised me by phone that they would make sure it was removed. Yet there it still is. Maybe when I get my currently disputed EQ report back I could call and dispute it by phone as a duplicate?? I am really intimidated by this. I handled it all wrong from the getgo. I should have sued her immediatly after she didn't provide me with the service she charged me for and then put it all on my CRs. Now I really want to make sure I take the exact right steps. Does anyone agree or disagree with this first round of actions or on my position??
I am sorry to keep harping on this, but I just thought of something else. After looking at my report, there is one other differences between the two accounts. One says RMA and one says RMA - Default. Do you think that is a judgement? How could I find out? If it is they are still sending me the same old collection letters. Are judgements reported the same or differently on your report as collections? Are they reported more like BKs? Sorry for the anxiety attack. I really need some fresh air.
Your local civil court has records of any judgements listed in your name, you can usually go there and look them up for free judgements are public records reported by the court not a CA!
No, I know that they are reported by the courts. And there is nothing on my report that notes a judgement except the word default on this CA listing.
i guess you could go to the court and search the records, hopefully someone else here with more experience will advise you... I am a "newbie" at this myself Good luck
He is telling you right. Go to the courthouse and ask to see your public records. It's about the only way. You might be able to call them and ask if you have any judgments on your public record and save a trip.
Do you think it would have been filed in the county that I live or the county where the OC and CA are from?
Do you think it would have been filed in the county that I live or the county where the OC and CA are from? I think I'll just call both to make sure.
Okay then, I am certain that there is no judgement. Where I lived is a small town of 5,000 people and I know the process server and half of the court house personnel. In fact, I used to see the server and/or his wife almost on a daily basis in the course of our daily activities. And since this account has been titled RMA - Default since before I moved away I am confident that there is no judgement. The problem with checking to be sure is that the County Courthouse has aother paid judgement on me from 3 years ago that is currently NOT showing up on my credit report. I am slightly concerned that if I go poking around I might wake a sleeping giant. So here is my next question... is there anything under the law that says how OCs or CAs can title your account in the credit report (i.e. putting the word - Default after their name?) And do you think that they really are playing the waiting game to sue?
I've just skimmed your info, but RMA is Risk Management Alternatives. They usually collect for Sears. Did you have a Sears account go to collections?
Re: Re: Bad, bad gut instinct That is probably not all that likely to happen. I really don't know about that. I just never get into credit bureau stuff since I don't do credit repair. I let the collectors do that for me. They put it there and they can just bloody well take it off too unless they want to explain to a federal judge and jury why they broke the law. Maybe not because of what or how they reported but for other things they did that were against the law. To use mycroft's example of phone calls and how debtors ought to be home when he calls and calling people at work and all the rest he posted recently about phone calls by collectors. What he and his "brethren" don't understand is that in just exactly two phone calls he can easily be looking at having committed as many as 5 or 6 violations of federal law and that is enough to file on him in federal court personally and then he personally has to defend and answer as to why he violated the law and then if I can nail him personally then I can more easily go after the company he works for on the same charges because he has either admitted his guilt or has been "convicted" of it. I've never actually had to do that because they can see where that is going real quick and they know full well what its going to cost them to defend. So its much , much cheaper to just meet my demands and take it off the credit reports than it would be to fight two court battles they can't hope to win. Mycroft and his ilk operate off of the fear and ignorance of the debtor and if the debtor had no fear and knows how to deal with them they can get themselves in some awful hot water real quick. I have no idea. I haven't got my crystal ball working this morning, the wife washed all the tea leaves out of my cup and somebody replaced my tarot cards with a deck that has all them Iraqis on it. LOL
Re: Re: Re: Bad, bad gut instinct Verry funny bill a real side splitter but it does explain why The CRAs and FICO can't accurately predict anything about a consumer LOL
I guess I don't understand the response about the phone calls. Maybe I'm just tired. I don't expect a crystal ball. Just an educated guess from an experienced member of this board. If I were the CA and knew I had a SOL of 8 years, I'd give the debtor the 7 years to pay and then I would sue. It seems logical. What I am wondering is if there is something in the FRCA or the FDCPA stopping that from happening that will cover me? Or should I be filing with Bar's Fee Arbitration Board?
Quite often Atty's. pad their bill. This atty. knows she charged you for a lousy job and doesn't want you to complain to authorities because then she'd have to justify the charges. Happens all the time. No - there is no law dictating how TL's are to be reported, unfortunately. Go ahead to the court house and see if there's a judgement. Assuming you find nothing, the next steps would be to: 1) Wait until it falls off 2) Dispute it and take the chance that she will budge 3) Demand a formal complete itemization of every penny she charged 4) File a small claim suit 5) Contact her and make an agreement to settle the issue, in exchange for CR removal (which is what I would do. But then again I'm a good negotiator) 6) Some combination of the above 7) None of the above LOL Let us know and we'll build a strategy.
Re: Re: Bad, bad gut instinct Okay... I'd prefer not to wait the 7 years, I won't settle (I won't pay a dime... she didn't prepare a case), and I've disputed and can't even get the dup off. I think I will send a validation letter asking for the original agreement, an itemized bill and proof that CA has the right to collect. I am also going to dispute both accounts again. I really want to make sure I am not missing any violations other than the duplicate being verified time and time again. Good first steps? Any other suggestions?
Re: Re: Bad, bad gut instinct Yes. Go check out that judgment and see if she did that right. If she didn't (very probable) then file motion to vacate void judgement and then see what she has to say.
