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Type: Posts; User: Brenok

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  1. Answers
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    Discovery on Debt Collection Suit

    Hi all. I am working on my discovery request relating to a junk debt buyer's suit against me. Without getting into the long scenario again, I was served and filed the answer and delivered a copy to...
  2. Received so called verification from attorney - now what

    Hello all, well here I am confused again. I requested validation of a debt relating to a law suit. What I got today in the mail is a letter from the attorney just listing the original creditor's...
  3. Question: Discovery Request

    by Brenok
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    1,411

    I am going to request that information but their...

    I am going to request that information but their complaint stated that the OC assigned the debt, was just wondering what kind of documents I request.

    When a debt is assigned, is it necessarily...
  4. Question: Discovery Request

    by Brenok
    Answers
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    1,411

    Discovery Request

    When a debt collector states the debt was "assigned" to them, what documents or information should I request in discovery? Is this different from proving "purchase" - I am dealing with a bottom...
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    381

    Answer delivered to courthouse

    :confused: Hi peeples - with everyone's help and patience, I officially delivered my answer (to the junkie debt buyer collector's complaint) to the courthouse today. The clerk just stamped it and...
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    Curious about Language in Answer

    Here is another question. I am working on the answer and defenses on a debt collector suit. Is it necessary to use all the legalease wording like references to the "Plaintiff" and myself as...
  7. Answers
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    664

    Should I write a note to the court stating that I...

    Should I write a note to the court stating that I relied on the plaintiff's attorney and that they misinformed me in conflict with the state statute and ask for a continuance if I have to?
  8. Answers
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    664

    Ut oh I may be in trouble! DESPERATE!

    I received a summons on January 25th from a debt collector's attorney allowing me 35 days to respond and to request a debt validation. I sent the validation request immediately and have not heard...
  9. Significance of undated Return Receipt from Lawyer

    I have sent three certified return receipt letters to a lawyer asking for validation of some debts allegedly owed by hubby and I to his bottom feeding junk debt buyer client.

    I just received the...
  10. Answers
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    3,256

    Woe-Be-Me - If you want to answer a main post,...

    Woe-Be-Me - If you want to answer a main post, just go to the message box below the last post and enter your answer and submit it. The rating comments are for rating individual answers. But - I do...
  11. I agree that it is disrespectful to not receive a...

    I agree that it is disrespectful to not receive a thank you for a gift of any kind. I have the same problem with my future daughter-in-law. I wouldn't even know if she received any of my gifts...
  12. Answers
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    3,256

    Retired Couples - Do you sometimes go crazy?

    Okie dokie, hubby and I retired about a year and a half ago at the same time. The problem is - he follows me around like a puppy dog and hates if I leave the house by myself and feels hurt if I tell...
  13. Answers
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    958

    Read some of the many posts in here about Social...

    Read some of the many posts in here about Social Security and other funds that are exempt from garnishment. I agree with Mr. Yet about contacting the CC company. Before arbitration or possibly...
  14. Answers
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    Hi, I am also very sorry that you are having such...

    Hi, I am also very sorry that you are having such a rough time in life. I understand being in relationships such as you describe. I am a lot older and more experienced in what you are going...
  15. Answers
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    525

    Thanks FR-Chuck - I have found some great samples...

    Thanks FR-Chuck - I have found some great samples here. But...

    My main question was: Should I include the fact that my income is retirement not subject to attachment somewhere in my Answer? I...
  16. Answers
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    525

    Almost ready to file Answer but confused

    Hi all, I have been working diligently on my Answer to the complaint from the JDBs attorney. Thanks to everyone for the awesome help here. I have a question on the affirmative defenses.

    My...
  17. Answers
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    14,808

    Draft Answer to Complaint- Can someone review?

    Hello all, I am wondering if any of you helpful people could assist me through the process that is beginning after being served a summons. I am doing my best to do this without bothering anyone but I...
  18. Answers
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    Sample of a Portfolio Bid Offer, unbelievable

    I found a long list of portfolios of old debts that are up for bid. Just to show you how unscrupulous some of the bottom feeding junk debt buyers (JDB) are - below is a sample of one of the open...
  19. Answers
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    Also, if you receive any garnishment order as a...

    Also, if you receive any garnishment order as a result of a judgment, you can file with the court and provide proof of SSI deposits and the funds will be ruled exempt. You might also want to send a...
  20. Answers
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    1,691

    Law regarding Assignment of Debt

    I am in Oklahoma - and am working on a summons from a JDB. I found this statute - does this mean that the JDB must provide to me proof of assignment from the OC to pay them any settlement? Thanks!...
  21. Answers
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    1,442

    First of all, request validation of the debt...

    First of all, request validation of the debt before you just up and offer settlement. Check the threads here for validating debts, especially with debt collectors. Don't contact them or offer...
  22. Answers
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    Debt Validation & Disclosure Statement

    Hi all - OK, I am working on a debt validation letter to an attorney representing the debt collector. I included most all of the questions suggested by the debt disclosure statement post here. I am...
  23. Nothing is foolproof in the debt collection game....

    Nothing is foolproof in the debt collection game. I am not telling people what to do or that they will be successful, just offering information that is available.

    There have been a lot of...
  24. Sample of Debt Exemption Certificate for SSI, Retirement, etc.

    The link below is from the State of Oklahoma regarding debt collection. It contains an exemption form that is filed with the court BEFORE a debt collector can attach or garnish your exempt income. ...
  25. Wall Street Journal - Article about garnishing exempt funds (SSI, retirement, etc.)

    This is an interesting article by the Wall Street Journal about debt collectors trying and actually garnishing exempt funds like SSI and retirement.
    (If the link doesn't work, Copy and paste the...
  26. Garnishment of SSI & Retirement Funds-letter to your bank

    This is a memorandum I found written by The Texas Legal Services Center regarding notifying your bank that your accounts are only funded by non-exempt funds such as social security, VA benefits,...
  27. Answers
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    8,734

    Wondergirl - I never meant to imply that all debt...

    Wondergirl - I never meant to imply that all debt collectors are scum bags. There are honest collectors out there who help collect library book fees and stuff but then there are the ones who prey on...
  28. Answers
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    8,734

    Well, unless someone served her an official...

    Well, unless someone served her an official summons, she hasn't been served yet, so suit has not been filed. This is a debt collector, not the original CC. I am going through the same thing but I...
  29. Answers
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    8,734

    Ark, one thing some of us have overlooked is -...

    Ark, one thing some of us have overlooked is - have you just received a summons or has an actual judgment been filed? Is it from a debt collector or the original creditor? If it is just a summons,...
  30. Answers
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    8,734

    Under most state laws, if there ends up being a...

    Under most state laws, if there ends up being a judgment, your mother can file an exemption declaration with the court about her social security and they cannot attach her funds in a checking account...
  31. If you only have deposits from retirement or...

    If you only have deposits from retirement or social security benefits, you can notify your bank that those funds are not releasable and file an exemption declaration with the court if there is a...
  32. Will your refund be a paper check or direct...

    Will your refund be a paper check or direct deposit? Is there any mention of potential income tax refunds on the writ - or the request - in other words, are they asking you to declare your assets and...
  33. Answers
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    I am not sure of court procedures, but what kind...

    I am not sure of court procedures, but what kind of response and from whom did you get saying inability to pay is insufficient? Call your court clerk and ask if you can amend your answer - then come...
  34. Answers
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    Is it already a judgment or have you received a...

    Is it already a judgment or have you received a summons? No one is judgment proof unfortunately but I do understand your social security is exempt from attachment - and why would you tell a creditor...
  35. Hi bethster - I am going through the same...

    Hi bethster - I am going through the same nightmare. I understand disability funds (SSI) and retirement funds are exempt from attachment. Please don't ignore the summons - prepare an answer - there...
  36. I understand that as long as the only funds that...

    I understand that as long as the only funds that are deposited in that account are from my retirement, the bank cannot legally release them, especially if I file an exemption certificate with the...
  37. Oh yes, I am sure about it - I checked with the...

    Oh yes, I am sure about it - I checked with the Office of Personnel Management where I get paid from as well as many other areas of law regarding debts and attachments. I live in Oklahoma and there...
  38. Answers
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    Debt Disclosure Statement

    I am on a roll lol -

    Ok - I am working on my validation letter to the scum sucking attorney who filed the summons, and I am including the Debt Collector Disclosure Statement. Paragraph 1 of the...
  39. Answers
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    Smart or Dumb - paranoid newbie

    Ok Experts - here is a paranoid and really dumb question.


    If I use the wording provided in the many samples of validation letters and suggested answers that I find online - won't the scum...
  40. Oh wow George, thanks again for your help - I...

    Oh wow George, thanks again for your help - I know there are tons of questions on here that go unanswered so you are sincerely appreciated!
  41. Notify bank about potential judgment exemption

    Hi - I am in the initiial stages of responding to a summons - in my answer I am including an affirmative defense that my income is only from civil service retirement, an exemption to garnishment. My...
  42. Answers
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    Thank you lacuran - for some great ideas!! We...

    Thank you lacuran - for some great ideas!! We live 4 hours away so it is often tough to sit down and talk but I recently told them I would do the very best I can to make sure their wedding is...
  43. Complaint or Petition for Indebtedness - same thing?

    Ok, I didn't get a complaint, I got a "Petition for Indebtedness" I am working on the answer since the summons from the scum sucking attorney for Unifund says I have 35 days to answer and 30 days to...
  44. Answers
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    1,095

    Thank you for the kind words, HistorianChick - I...

    Thank you for the kind words, HistorianChick - I am a worry wart, that is part of my mother hen nature! My future daughter-in-law is very sweet but doesn't have much common sense on financial...
  45. Question: Judgment questions

    by Brenok
    Answers
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    551

    Judgment questions

    Hi all - I am new here so have patience with me. I have a question about a summons and answer regarding Unifund CCR and a scumbag collection attorney.

    I have been studying the posts on...
  46. Answers
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    Wow, thank you all for the great advice - you are...

    Wow, thank you all for the great advice - you are awesome. We live in a very small town and there aren't many dress shops but I am going to look around and try to find an outfit as close to her...
  47. Answers
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    What to Wear, What to Spend, Broke Mom-in-Law

    Hi all - I have a dilemna. My son is getting married in March to a very sweet girl but who has very big wedding plans that are outside our financial limits. I am retired on a limited income and...
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