Marie: CA post-BK followup

Discussion in 'Credit Talk' started by ShyGuy, Apr 17, 2001.

  1. ShyGuy

    ShyGuy Well-Known Member

    You said, "The opposing atty (the one for the bank) told me, had I decided to go to court I would've gotten at least 1,000 for the violation plus a full removal of all info. Wish I had now."

    Why didn't you?

    I'm not sure how much assistance I'll get out of my BK attorney. I'm waiting for him to call back, but in the past he hasn't been helpful. I've thought about just calling the court or the trustee to see what they say. Or joining a prepaid legal plan (with 30-day free trial) to see how it would handle this.

    But I double-checked the court's online archive, and the creditor is listed. I'll have to find an old bill to get a phone number, so I can call and see you I should send my letter to.
  2. Marie

    Marie Well-Known Member

    Well, my bk atty had left the state and moved to Calif to do computer stuff. He said he'd always hated the law. Go figure. I was on my own during all of this.

    The opposing atty didn't tell me until after I'd signed the settlement papers :) He was a nice guy and I was thinking of hiring him to deal with some credit repair issues. I may well use him still. anyway. I asked him some very blunt questions about where I was right or wrong. He told me that the shotgun approach I used would've worked in court because I was correct on some of it... :)
    and not on some...

    Ok, so several months after the bk discharge I hear about a pending lawsuit against me.I found out about the lawsuit filed it was b/c other bk lawyers sent me letters saying "since you're involved in a lawsuit you may wish to file a bk". Isn't that a hoot!

    All my credit reports had an updated address. It was about, I think, 6 mos post bk or maybe more when they filed suit. they used such an old address they were sure not to reach me even though I had talked to the bank and updated their records (I voluntarily surrendered the car prior to the bk filing so a deficiency judgment wouldn't pass thought the bk).

    Anyway, I saw firsthand how they purposefully served an incorrect address so I wouldn't show. Funny, had I not been solicited by attys I wouldn't have even known about it. Can you say "default judgment". Bastards.

    So at the time, I wasn't doing credit repair. I was still in BK despair if you know what I mean. I was happy getting them to recall the lawsuit.

    It wasn't until many months later. I got sick (flu or something) and I was online for about 10 days straight... 10 hours a day or so, reading credit repair stuff.. that I finally realized that I could've done something back to then. I mean, I knew they violated the bk stay... but all of a sudden I saw a credit repair gift.

    So I pulled my current reports and sure enough there were a lot of legitimate mistakes (It was the first time I'd looked since the bk). On the account it was showing included in bk but w/a 26K balance.

    But what actually pissed me off were all the collection inquiries. when I called Equifax to find out who they were from: the lady actually said "hmmm, somebody's trying to find you...". Not good.

    I'd already read how collection anything hurts. Surprisingly, most of my reports weren't that bad. Most of my debt were out of the 7 year reporting timeframe... but I also noticed Wachovia's lawyers/ collection firm pulled my reports AFTER they recalled the lawsuit. You can imagine the profanity that came out of me.

    Now, mind you, it's been about 11 1/2 months after they filed suit. I called them and talked to a supervisor who couldn't explain why they'd pulled the reports so long after the incident...

    So I drafted a 3 page letter. According to my letter, I think I even included them violating the Bill of Rights :)
    Anyway, I faxed it and talked to them for several days... I let them know I knew I could sue for having pursued me post bk... for the incorrect entry, for the continued unauthorized inquiries (actually, that was a strong argument). after the bk there was no permissible purpose.

    They said they'd talk w/Wachovia. they were very attentive for a week. Then I noticed they didn't return a few calls. So I looked up the SOL for filing a lawsuit. 1 year from the time of occurrance. I was about to time out. It had just timed out on several of the violations. I got angry w/myself for taking so much time. So I sent a fax stating that I was sorry, but I'd given them too much time to correct this and that I had to file suit the next week. See you there. I even apologized... but I had to protect my rights and while I wanted to do this amicably... I couldn't wait anymore for their corrections.

    Got called within 1 hour of faxing it to them. Yes mam, we'll fix this today. A VP of Wachovia is talking directly to the Equifax Rep... I'm sending you an email of a letter from me and from him... etc.

    I had taken almost too long to do anything. They stalled hoping the sol would pass and they could tell me to piss off. The atty later told me that, yes, that was their strategy. A week later and I would've been dead in the water.

    So they took it all off. Then I had no accounts "included in bk". just the bk listing. ugh. but, their violations helped me... but only once I realized it.

    I guess the best thing was me finally taking my head out of the sand... getting my reports... building a plan of action to better my situation... and sticking to it.

    But, as you can see... at the time my only real objective was getting the info removed entirely. And, once I realized I was about to get hit upside the head w/the sol for the last violation... I would've had to have composed a lawsuit over a weekend and file it no later than tuesday. I had realized the timeline on the Thursday before. I had also guessed I'd need an atty... and I didn't think I could find one w/such short notice. and I honestly didn't want to go to court. Not then.

    So that's what happened. Had I realized 6 months earlier... maybe. But that just wasn't my mindset then. Honestly, I was so ashamed of the bk that it was amazing I fought w/any creditor included in it.

    As for you, you have the leisure to pursue it as you like. You have the time in your favor. I wouldn't expect your bk atty to do it, they're very specialized and there aren't may consumer credit specialists... they all work for the banks (deep pockets).

    good luck
  3. cable666

    cable666 Well-Known Member

    *clap& *clap& *clap*
  4. breeze

    breeze Well-Known Member

    If you're already being sued, I believe a pre-paid legal plan would consider it "pre-existing" and would refyse to defend you. Just make sure you check on it before you sign up.

    I sell PrePaid legal - it's an insurance product in Virginia.

    If you are considering suing, you just get a discount (mine is 25%). They won't sue for you as part of the coverage.


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