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CG in TX

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About CG in TX

  • Birthday December 18

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    Golf, cooking, BarBQ, family, dogs, beer

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  1. Maybe I'm missing something, but if these are business cards that don't report to personal credit, and for which you are not personally responsible, why are they pulling your personal credit reports?
  2. While it can be done, there are a couple major hurdles to overcome. One is the elapsed time...OPs notes indicate the judgment is from 2011. Most states allow vacating a judgment for a limited period, usually 1 year, but 5 years is really a stretch. Also, courts tend to be reluctant to vacate a judgment if the defendant can't show a meritorious defense, reasoning that it is a waste of the court's time to get exactly the same result. Keep in mind that there are several means of service allowed in Illinois. Substitute service, service by publication, etc. It is not always necessary for the process server to place a summons in your hands to be properly served.
  3. That should be the marketing tag for Credit One or First Premier. Lol.
  4. If you are paying yourself wages out of an S corp, you can probably minimize the garnishment damage by limiting your wages to the threshold for the exemption. I don't think they would go to the time and expense of trying to show the court that they were entitled to the assets of the corporation. However, if you want to go that route, I would talk it over with your attorney first.
  5. CG in TX


    IIRC, receiving a 1099 for canceled debt does NOT extinguish the debt. You still owe it.
  6. You probably have violations, but it sounds like you have no proof of them. Some CA's will settle even without proof, some won't, but very few will settle without a nudge from an attorney.
  7. The last time I wrote a check I was somewhat startled to realize it was extremely difficult to read what I wrote.
  8. They don't have to validate, or do anything else required under the FDCPA. Fines, tickets etc. are not debts under the FDCPA. Also, as I learned to my sorrow several years ago, the generally don't have a SOL either.
  9. Strongly, strongly advise you to talk to an attorney before you do that or anything with the joint finances. Get an attorney that specializes only in divorce too - you'll be a lot better off in the long run. I don't think anyone is recommending that funds in the joint account be transferred, just that a new account be opened for current and future paychecks. There is no downside to this.
  10. The Rosenthal Act applies to and defines "consumer debt" as: The term "consumer credit transaction" means a transaction between a natural person and another person in which property, services or money is acquired on credit by that natural person from such other person primarily for personal, family, or household purposes What I remembered was this: The term "person " means a natural person, partnership, corporation, limited liability company, trust, estat4e, cooperative, association or other similar entity. However, the other definitions seem to limit this to the creditor. My bad...
  11. I looked at the Rosenthal Act once when researching another matter, and IIRC it defines a consumer as any entity, including a corporation. If that's the case, you may still have FDCPA-like protections.
  12. What's the name of the finance company, and what state is it in? Maybe one of us can help get you some contact information.
  13. I would read the agreement very carefully. In the past some issuers have done this to extend the SOL on old card debt.
  14. The question now becomes do the employees consider this a punishment or a reward?

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