Opinions needed pt.1: Goals (in order of importance) as of today 6/28/04: 1) To avoid being sued by JDB(s) ---which leads to -----avoiding judgment(s) on credit reports. Basically goal #1 boils down to avoiding judgment(s) at all costs. (Note: I am judgment proof on paper) a) In my state, anything above $2,500 cannot be tried in small-claims court----therefore counter suing, ââ?¬Å?turning suit into a settlement,ââ?¬Â etc. would have greater effect? (all my purported ââ?¬Å?debtsââ?¬Â alleged by the JDBââ?¬â?¢s are supposedly over $2,500) 2) To avoid paying because of the belief, on my part, that I did not make the debt with the JDB, therefore I should not have to pay. a) the Original Creditor already got their money/ââ?¬Âpayoffââ?¬Â when the JDB bought the debt. (the fact that they sold it for pennies on the dollar is not my problem. At least, thatââ?¬â?¢s how I feel.) Situation: I had an account with First USA which charged off on or approximately on May ââ?¬â?¢02. Apparently, great Seneca/unifund had purchased it on or approximately on October ââ?¬â?¢03 and, wonder of wonders, has retained wolfpoff and abramson as their collection attorneys. The original debt with 1st usa is above $6,000 but below $8,000. After great Seneca has tacked on ââ?¬Å?interest,ââ?¬Â the supposed amount of ââ?¬Å?debtââ?¬Â they are claiming is over $10,000. Last payment on the account was approximately sept '02. It was still under 1st usa at the time. I DVââ?¬â?¢ed them(W+A) in October ââ?¬â?¢03. [I donââ?¬â?¢t remember if the DV was for the amount, or for total debt (ââ?¬Å?not mineââ?¬Â)] I have not kept good records, but this aberration on my part has recently changed. I also C+Dââ?¬â?¢ed them on or approximately the same time as the DV. They did not return validation until about March 23 and the validation was a computer print-out---no contract. Since about March 23rdish, they, wolpoff, have been calling my parentââ?¬â?¢s house on a daily basis, sometimes 3 or 4 times per day using their automated computer system. I have enabled call blocking on the phone so as soon as they call it gets rejected. The feature does, however, retain caller i.d., both time, date and who called and their ph#, so recently I have begun keeping track on paper. I do not think they, wolpoff, know what is going on yet as far as the phone system is concerned. (Additional Note: My true address on paperââ?¬â?DMV and tax records, is NOT at my parentââ?¬â?¢s house even though I have moved back in with them in order to improve cash flow. Wolpoff knows my true paper address---they havenââ?¬â?¢t put 2 and 2 together yet and realized the ph# number they are calling does not match the true paper address.) Also, they have been calling my cell and an almost daily basisââ?¬â?sometimes 3 or 4 times per day. 3) Eventual Goal may be to clean up credit report. Thus do you feel settling is a viable option? If a small enough amount can be negotiated then begrudgingly, I am willing the settle (at a fraction of the purported debt, of course) in order to make the matter disappear. If a lawsuit does arise, settlement would probably be inevitable given constraint/goal #1 aboveââ?¬â?I am trying to avoid having a judgment entered on my credit report at all costs. Forget about #3 for a minute, Now the question(s) is/are, given goals #1, and #2 above: A) Given the constraints/goals of #1 and #2 above what is the best course of action? Please describe fully and in great detail. B) Given the situation as described above, what would you, personally, do and why? Again, please be very detailed and describe fully. C) Given the constraints/goals of #1, #2, AND #3 above what do you feel is the best course of action? Yes, once again please be very detailed---Iââ?¬â?¢m not an expert here; My profession has nothing to do with legal or financial matters.
NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************ 1*Note: I am judgment proof on paper) 2*To avoid paying because of the belief, on my part, that I did not make the debt with the JDB, therefore I should not have to pay 3*trendy ======================== 1*No body is truly judgment proof. They can sue and get a judgment even if you have no assets. Also if you ever obtain any assets later they can be attached to enforce collection of the judgment even if it's years and years afterwards. That's because judgments can be renewed over and over again thus haunting you and your credit for up to 20 years or more.
1*) To avoid paying because of the belief, on my part, that I did not make the debt with the JDB, therefore I should not have to pay. 2*the Original Creditor already got their money/ââ?¬Âpayoffââ?¬Â when the JDB bought the debt. 3*They did not return validation until about March 23 and the validation was a computer print-out---no contract. trendy ======================== 1*When you made the debt with first usa you made the debt with jbd. When one buys a debt they are entitled to the same benefits as the OC. It's called rights of assignee 2*True but jbd didn't. Since they are now the owner of the debt they have the same rights that the debt gave the OC. 3*I'm assuming since this started with 1St. USA this is a credit card debt. Since there are no written contracts involved with credit cards the act of using the credit card becomes the contract. That and the signed charge slips.
the validation was a computer print-out---no contract. trendy ======================== When you first use the card, and sign for something, you are agreeing to all of the card's terms and conditions pd11604 ================ There you have it .This is the contract.
