So you’ve been sued by a creditor…

So you have been sued by a creditor…now what?  First and foremost, DO NOT IGNORE IT. If you are served with a Complaint or Motion for Judgment or Warrant in Debt (different states call it different things), you need to take action.  Every state has rules as to how long you have to respond to a lawsuit.

Alabama:  14 days (Small Claims/District Court), 30 days (Circuit Court)

Alaska:  20 days

Arizona:  20 days

Arkansas:  30 days

California: 30 days

Colorado:  20 days

Connecticut: 30 days

If you do not file a response within the timeframe allowed by the Court, a default judgment will be entered agains you.  Getting out of the judgment without paying will then become next to impossible.

So what if you owe the money you are being sued for? How do you still battle the lawsuit you are dealing with?  I recently helped a friend deal with this issue.

One of the best ways to attack a lawsuit is to find fault with how you were served. Now most of the time, people are served properly, but occasionally, improper service occurs. A roommate was home watching television with a friend when he hears a knock at the door.  He answers the door and is handed some documents from the individual standing outside, who then asks if he is Name.  That is his roommate, he says, but is told to give the documents to his roommate.

The individual who handed him the papers – a Summons and Complaint – was a private process server.  Lawsuits are usually served by the sheriff’s office, but in some cases they are served by private process servers. In North Carolina, however, this is not considered proper service.  And improper service means case dismissed.

Raise your Credit Score for Free and By Yourself

Need to get your credit score up?  Don’t pay anyone to do it–its probably a scam!  There may be a very simple way for you to increase your score staring right at you on your credit reports: your balances.

This may not apply to some people, but for anyone with revolving accounts (credit cards or store cards), your score may be hurting (and badly!) because of these accounts.  Why? The balances.  Often I hear people talking about things like “debt to income” when it comes to credit scores.  Your debt to income ratio has absolutely no impact or effect on your credit score.  None.  What does, however, is your balance to limit ratio, which can have a huge effect on your credit score.

Your balance to limit ratio applies to your revolving accounts and it refers to how much you owe and how much your credit limit is.  It is a percentage calculated like this:

balance owed (reported) ÷ credit limit =

So if have a Visa card with a $1,000 limit and you owe $300 on it, it would be 300/1000 = 0.30. And 0.30 is, of course, 30%.  This percentage is calculated for each of your revolving accounts.

In addition, the scoring software looks at the total amount of credit made available to you compared with the total amount of credit you have used.  Here’s an example – on the table below, the individual has 3 major credit cards and 2 store cards.

Blog Table

 

So, the person above has a total credit card debt of $4,385.  The banks have extended him credit though of $17, 250; overall, he has used about 25% of his total credit available.  This is not bad – remember: credit scores ideally want to see this ratio at under 20%.  And the farther under 20% the better – basically, the best credit scores come from lots of available credit and little to no balances.  I have seen plenty of people with solid payment history – 2 or more years even of never missing a payment – and still have a score in the low 600s.  The BTL is quite often why.  So how do you quickly stop this from hurting your score?

Well, the obvious response is to pay down the balances. You may not have $4,000 lying around though, so you come up with a strategy to maximize the impact based on the amount of money you have.  And you start with correcting the problem from the other side.  Lowering the balance will lower the BTL. So too will increasing the limit.  Call your credit card company and ask for a credit limit increase.  In the table above, raising the Citibank limit from $3,000 to $5,000 brings the BTL on that account from 40% to 28% without a single dollar paid. NOTE:  Requesting a credit limit increase may or may not result in a hard credit inquiry.  If the reason you are working to get your credit score up is for a mortgage, for example, you should find out if your creditors will do increases without a hard inquiry.

As for paying on the balances, I would target one balance in particular first:  the Pier 1 card.  As is often the case with low-limit credit cards, the balance of $725 is not very high but because of it being just $25 shy of the credit limit it is hurting.  That individual account, because it has less than 10% of the credit limit available, is dinging the credit that way as well.  Try to get the limits on your store cards raised if possible.

Pay down the balances.  Determine your statement cut date – one day before the statement cuts is your last day to pay the balance as low as possible.

Free Credit Reports for Denial

ImageI always hate trying to find the links to obtain your free credit report when you have been denied credit, so I am posting them here for everyone:

Experian

TransUnion

Equifax

Personally, I never have any problem getting mine from Experian or TransUnion.  Equifax, however, always redirects me to requesting my report by mail.

Suing Collection Agencies (Part II)

ImageAs I was about to drop the Complaint and Summons in the mail to the Sheriff for service, a light went off.  NCS’ Registered Agent was listed as Joel Lackey, their CEO.  NCS is headquartered in Atlanta, Georgia, presumably because that is where Lackey lives and he is the only owner of the company.  You may be thinking, “and?” – but I was absolutely thrilled.  Joel Lackey cannot be NCS’ Registered Agent in North Carolina – a company’s registered agent for a state has to live in that state.

I had to check but I was certain there could be a major issue here.  Service would continue to be problematic because their registered agent lives in another state.  So what does one do in that situation? Well, you have to serve the Secretary of State.  Having a registered agent – one that meets the requirements of the state – is the law; without one, a foreign corporation cannot receive a Certificate of Authority to practice business.  And in North Carolina, without a Certificate of Authority, a collection agency cannot obtain the required license to collect debts.  And collecting debts without that license in North Carolina is a Class I Felony.

I sent a letter to their contact at that point advising him that I intended to report them to the State at the time I serve the Secretary of State.  And, I added, I was going to request the state administratively dissolve their Certificate of Authority – retroactively.  It would, in turn, dissolve their collector’s license making their collection activity against me now criminal as well.

I sent the letter to them last Friday.  On Tuesday, I received an email indicating they were sending me a check for my settlement demand by overnight mail.  Case closed.

Suing Collection Agencies (Part 1)

In December, 2013, I began working on a credit file I had neglected for the two years prior.  At the end of 2012, my life spiraled out of control and to sum it up without further ado, much was lost.  That summer, I decided enough was enough, and I moved in with a family member, find a new job, and get myself back on track. Summer ended, and with the beginning of fall came a job opportunity I had been praying for.  My income restored, I found myself easily getting by financially—and whilst in Mississippi for the Thanksgiving holiday, I decided it was time to get my credit back in line.

My credit reports were pages of negative accounts and collections, bad debts and delinquencies.  I had my work cut out for me. On TransUnion alone, I had 9 collection accounts (Experian showed 7, Equifax, 3). I will go into more detail on the types of accounts another time.  There was one account (one debt collector) who appeared on all three credit reports not once, but twice.  Two separate debts, six separate entries altogether—updating monthly.  I submitted disputes for all the collection agencies.  The ones that were valid debts I offered to pay in return for deletion of the collection account.  I got no response from any of these.  The others I sent the usual letters requesting debt validation—no response from these either.  But gradually, one by one, they began to be deleted.  One of them I paid, though only because I tricked the original creditor into taking my money.  Within two months, they were all gone—except one—the one that was reporting the six accounts.

National Credit Systems, based in Atlanta, Georgia, is a collection agency “operated for the purpose of helping apartment communities recover lost money from former residents”.  On their website, they equate their name with “More Money, Better Service”.  Founded by Joel Lackey in 1991, NCS has grown to become one of the largest collection agencies for apartment complexes in the United States. And in 2012, my former apartment complex in North Carolina sent my file to them for collection.

Here is where things go bad.  Without writing volumes on my move out, it was not a good one.  I had lived in that apartment for nearly two years; when they were bought by a larger apartment group, things went steadily downhill. Still, I moved out and never heard from them again.  A year later, when I was pulling my credit, I discovered they had turned me over to collections in November, 2012 – a month after I moved out.  A second account they reported was dated January, 2013; I was confused how I would have incurred a bill from them three months after I moved out.

I disputed the debt with the credit reporting agencies and sent a letter to National Credit Systems demanding validation.  I received no response.  They did, however, verify the account with the credit reporting agencies.  I sent a second letter. A couple weeks later, I received a letter from them with some documents attached.  One was the invoice the apartment complex reportedly sent me after I had moved out.  Interestingly enough, they mailed it to me at their own address—clearly I never received it.  The next documents was a move-out inspection signed by the manager.  It was, however, done without me present and a week after I moved out.  Finally, the last document was the best yet.  It was a copy of my “lease” – but only a renewal lease and one i had never seen before.  The signature on it was forged—and I would have gladly paid a handwriting examiner to establish that.

I wrote NCS a third time, essentially thanking them for sending me three documents that benefit me.  And I warned them if they did not remove the accounts completely and cease collection activity, they would be sued.  I even sent them a draft copy of a Complaint to be filed with the Court. They ignored me of course, so I filed the lawsuit in mid-January of this year.

The debts they were trying to collect totaled about $1,350.  It would cost them three times that just to hire an attorney to have it removed to federal court, plus a $400 filing fee.  I was counting on them seeing the cost of fighting me outweighed settlement. They offered settlement but dragged their feet.  More than anything I just wanted the collection accounts off my credit reports.

How I got them to settle…

Getting Rid of Inquiries on TransUnion

If you are on the road to credit repair, you know how important it is to add new positive accounts. Doing so, however, will start racking up the inquiries on your report pretty quickly.

You will come across references to bumpage or the B* or b* used to reference it without spelling out the word and alerting the credit reporting agencies! Haha.  If you can’t tell, that’s some major sarcasm!

So as far as “bumping” inquiries off of your credit report:  (1) there is no way to get inquiries bumped off of Experian – the inquiries you have on that one will remain there unless you can get them removed some other way; (2) Bumping inquiries off Equifax is possible – I have done it a few years back, but my recent attempts were unsuccessful, presumably due to Choppage or C*; and (3) TransUnion is pretty easy to do and doesn’t take that long.  I am going to tell you an easy way to eliminate your TransUnion inquiries.

What do you need?transunion

You are going to need a triple-daily puller.  For those who don’t know what that is: it is a subscription to a site that allows you to pull/update your credit report and score every day.  There are not a lot of these left anymore – and you need at least two  triple daily pullers.  I used USAA and MPM – the USAA membership and My Privacy Matters:

  • USAA:  You do not need to be in the military or meet any of their other regular membership requirements to join USAA via their website. Just sign up – you will not be able to open a checking account but you can become a member.  After you have joined, login and look for the Credit Check Total benefit they offer.  Sign up for the triple-credit monitoring.  If I am not mistaken, the monthly fee is around $33.  I called and complained about the price per month – they cut it in half and I paid $16 per month for this one.
  • MPM:  My Privacy Matters.  To join MPM, you have to go through a different website – eliminateidtheft.com – they are $11.95 a month

Since you are bumping TransUnion, you can get your results faster by pulling through other TransUnion-based sites:

  • SmartCredit:  Will let you pull your report and score every day if you choose the premium membership of $9.95 per month.
  • CreditKarma:  Even though they don’t pull daily anymore, they pull a few times as a month – and they are FREE

So this could cost you over $50 per month.  Every day, after 24 hours has passed since pulling the day before, make sure you pull your credit report and refresh score through each site.  If you are diligent with doing this, you should see at least a few of the inquiries, if not all of them, gone within a month.

Questions?

Not in the moat! Chinese Defecating in Ancient Thai Moat

The following link leads to an article I found quite humorous – the fact that I came across it, considering its from Fox News, is itself funny as well: “Not in the moat! Chinese tourists with no experience abroad irk locals in Thailand, elsewhere”

Apparently the Chinese are making quite the spectacle of themselves as they travel the globe. The article’s headline is a reference to a photograph snapped of one Chinese tourist taking a poo in a 700-year old castle moat in Chiang-Mai, Thailand. Thousands of miles away in France, there is a sign posted in Chinese at the entrance to the Louvre asking that they not relieve themselves anywhere on the grounds.

We usually think of Asian tourists coming (1) in groups, (2) with cameras, and (3) quiet and reserved. That’s because the tourists we are accustomed to are the Japanese and the Koreans. Only in recent years have we even begun receiving tourists from the People’s Republic.  In 2007, there were not enough to include China on the top twenty nations of origin of inbound travelers to the U.S.  Korea, however, sent about 900,000 tourists while over 3.5 million Japanese tourists arrived.

By 2010, the surge in Chinese tourists had begun; 2.8 million Japanese and 934,000 Koreans, a substantial drop of 700,000 visitors from the Land of the Rising Sun. Ironically, China now made rank -700,000 Chinese tourists visited the U.S. in 2010.

The article’s comparison of this lewd and obnoxious Chinese behavior to the “Ugly American” of the post-World War II years seem a bit of stretch.  Yes, American teenage girls wore short skirts and sleeveless shirts into Iranian mosques. And there have been times I have been in Europe and embarrassed myself at how loud some of my fellow countrymen can be.

But I don’t think there’s any need for concern about us poppin’ a squat in the Louvre or any other historic buildings.

Incompetent Attorneys

Lawsuit ProcessDon’t think that just because they have an “ESQ” behind their name or have passed the bar that they can be relied upon to properly pursue your case.  Last December, I began the dispute process with a particularly obnoxious debt collector.  It didn’t take me long to realize that this was not going to resolve itself – nor would it resolve via letters back and forth.  I drafted a Complaint for filing in my state district court.  Why?  Several reasons:  (1) it costs $200 to file in my state’s district court and over $400 to file in federal court, (2) it is perfectly acceptable to file an FDCPA case in local court and (3) if the defendant is not local, it will not only cost them a lot more in attorney fees, you can let them pay to move the case to federal court.

I have been a paralegal for ten years now – I have written plenty of Complaints.  And while I see nothing wrong with being a pro se litigant, I believe a lawsuit filed by an attorney has more teeth.  SO, I found an attorney who had sued the defendant previously and offered him a very simple case.  The Complaint was filed as is – he didn’t make any changes to it.  Basically, all he had to do was sign it and send it with the appropriate number of copies to the courthouse for filing and service.  Lawsuits typically follow a general path from start to finish, as I have shown in the very basic flow chart here.  NOTE:  It is 30 days to Answer in my state – it may be different in yours.  Also, this is a general lawsuit flowchart – by no means intended to represent the way all lawsuits go.

He filed the lawsuit on January 13.  And over the next two months, I heard about settlements I even accepted one settlement offer.  But by the beginning of this month, I was wondering what the hell was taking so long if I accepted their settlement offer.

I ended up having to do some background research because things weren’t adding up.  And lo and behold I discovered that the lawsuit, while it was filed, had never been served.  Why anyone would file a lawsuit and not have it served is beyond me – but it wasn’t.  And here, you have 90 days to get it served or get a renewed summons, and we were on day 85.

No defendant is going to take a lawsuit never served upon them seriously.  The date they are served is the date the clock begins – they have 30 days from that point to Answer the Complaint.  I am essentially starting over.

Needless to say, the incompetent attorney – he is facing a bar complaint and possible malpractice claim.

Family

What is it about the people who allegedly love you the most being your worst critics and never believing it was possible for you to do well? Sometimes you don’t need someone to mother you, to give you advice–you just need them to be happy for you. If you make a mistake, so be it. But do you need the general assumption to be that you are always making a mistake? Maybe, just maybe, I know what I am doing.

Who do they pull? Auto Brands and the Credit Bureaus they Use…

Many auto finance companies’ choice of credit bureau varies based on what region of the U.S. you are in.  Overall, though, this is who I have found the following car-makers’ captive finance companies credit bureau of choice:

Mercedes-Benz:  TransUnion
BMW:  Equifax
Lexus:  Experian
Audi:  TransUnion
Volkswagen:  TransUnion (Audi and VW are one in the same)
Jeep (Chrysler):  Experian
Toyota:  Experian
Nissan:  Equifax
Honda:  Equifax or Experian
Ford:  Equifax
Mazda:  Equifax
Hyundai:  Experian
Kia:  Experian

Remember:  the above is for the captive lender only! (VW Financial Services, BMW FInancial, etc.)  If you go to a dealership and apply for credit, they will likely pull all three and send your application to several banks who may choose to pull any or all three credit reports themselves.