Borack just Served me a summons . . .

newheartsmith · 01-12-2008, 09:31 AM

If anyone has any advice - please jump in.

I responded in writing to a request from Borack & Assoc. re: Sherman Financial & LVNV funding (debt from the past). I disputed the validity and requested a copy of the original agreement and date of last payment.

I have never personally dealt with either entity.

Today,

I am served a summons with a copy of terms and conditions from a Citibank Chase account and a screen shot of something from a computer with Sherman Financial and LVNV account information.

I am open to any info on how to proceed.

Thanks!

Enigma · 01-12-2008, 09:37 AM

When was the last payment made on the account?

newheartsmith · 01-12-2008, 09:44 AM

This is where things get tricky.

The LVNV snapshot shows a payment of $288 in Aug. 2004. However I never paid anything to them (that I am aware of). My last payment to the Chase/Citibank account that I made was in Oct/Nov of 2002.

I tried the debt reduction avenue for a while, and wonder if this payment was through the Debt Reduction company . . .

Regardless, I do not have the economic means to take on another payment of anykind at this time.

Is bankruptcy my only choice?

roybean · 01-12-2008, 10:25 AM

Is this a big debt?

spinn · 01-12-2008, 11:19 AM

and what state are you in?

hannah · 01-12-2008, 04:32 PM

Probably in FL if it's Borack.

newheartsmith · 01-13-2008, 05:50 PM

Yup - I'm in florida.

Trying to keep it all together. I am the sole breadwinner for my family of 4. I take care of my two children and my husband - who is mentally ill/challenged.

Some of our financial challenges stem from decisions made before we were able to get him diagnosed and under care for his obsessive compulsive disorder . . .

I am just getting by on what I make (barely), and do NOT have any kind of reserves I can draw upon quickly for a lump sum settlement. I refuse to ask my parents for help - they need to hold on to what they have (they are senior citizens & have their OWN challenges) to take care of themselves.

Should I try to negotiate a settlement pay plan with Borack? Try to negotiate with Sherman? Or do I just need to go the bankruptcy route.

Any input is welcome.

jlynn · 01-13-2008, 06:18 PM

Quote:

Originally Posted by newheartsmith

Should I try to negotiate a settlement pay plan with Borack? Try to negotiate with Sherman? Or do I just need to go the bankruptcy route.

Any input is welcome.

Nope, you need to wait for Enigma to come back through. Chances are his answer will be none of the above....

What date do you have to have your answer filed by?

newheartsmith · 01-13-2008, 06:41 PM

20 days from yesterday to file a written response to the Clerk of the Court. So I believe that would be on or before the 1st of February.

I just want to make sure that I have my ducks in a row.

Enigma · 01-14-2008, 01:05 AM

Check your PM.

Enigma · 01-14-2008, 01:11 AM

Neither Sherman nor LVNV are registered with the FL Dept of Finance, that is both a FDCPA and Chpt. 559 violation of the FL statutes.

So, no, do not pay them.

Was anything attached to the Complaint?

You can subpoena the records of Chase and the debt management company.

Being head of household you are sitting in a good position.

newheartsmith · 01-16-2008, 08:08 PM

Okay, some info that might be pertinent.

I received a letter from Borack on Oct 29th. It was dated Oct 16th, 2007 and postmarked October 25th from Orlando. I replied with a dispute of validity that was CMRRR and received by Borack on Nov. 27, 2007.

I have been reading the FDCPA, specifically 809(a-c), and am wondering were did my verification of debt information request go. I did not receive any additional ppwk with information about the debt in question until I received the complaint and summons.

Is this normal or did I miss something?

newheartsmith · 01-24-2008, 11:50 AM

Good Morning!

I just found some information regarding my situation.

I have some copies of my account information from when I was able to afford & work with Universal Debt Reduction. (This is back in 2002-2005).

It appears that they had made some sort of settlement arrangement with Chase and I have a page that shows "encumbered settlement totals".

I had to quit UDR because DH did NOT let me know that he was NOT making payments on a loan I had co-signed and it went to garnishment, and I got garnished because HE wasn't working . . . anyhow . . .

The thing that is confusing is that the LVNV/Sherman screenshot I have shows that on 8/25/2004 they (the JDB/CA) received a payment of $288. My UDR statement which bears the name "Nationwide Asset Services" shows on that date that they had a "settlement" with the OC (Chase) account. They had collected about $5xxx from me towards that account at that point.

Can anyone tell me - is this good news for me, or bad news?