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First question I got is Does walmart have a Lending Tree mortgage company? Thanks in advance for any answer. My 2nd question... (I tried reading PsychDocs' primer but couldnt find the beginning of the thread???).

I moved from SF,CA to PA in June 02 to help dad and mom becoming moms care-giver..

Owe a lot to credit card companies and following advice from the Money Trouble book (NOLO)..

Not communicating to the SF forwarded letters except request for validity of debt... Someone has subleased my apt and is forwarding any mail not forwarded by USPS..

*Owe Providian over $1500..

*9/23/02 forwarded mail from First Select for Prov. stating '30 days to dispute' notice as well as violation of FDCPA with 'payment in full...to avoid legal action...call...(etc)'..

*10/8/02 I mailed a request for validity of debt to address listed for First Select..

*My letter was returned by usps with 'forward time expired rtn to sender...' notice on envelope..

*11/18/02 (aprox) Recieved forwarded lwtter from Providian lawyers : Hunt & Henriques with same '30 day' notice and some violations 'payment in full' as well as 'if a lawsuit is filed, the local court could enter a judgement against you for the entire balance... and attorneys fees, court costs... if a judgement is entered... it may appear on your credit record for up to 7 years & may affect your ability to obtain credit, employment & or housing'. All before I responded to the dispute!!!.

*1/23/03 court papers served to my old SF address' subleaser who told them that I had moved (maybe to Japan)....

*Papers were 'a case assigned to plan I. A case management conference April-25-2003... ADR Alternate Dispute Resolution....

*I believe that I am Judgement Proof. I have moved back to my parents home as mothers' care giver. I have little money, no property, no motor vehicle, no jewelry or goods to raise the thousands I owe Providian and others. I am not expecting to have a job with caring for mom....

What should I do about this out of state case?.

How do I legally declare myself Judgement Proof?.

Should I contact any of the lawyers involved in the case or CA telling them that I have moved out of state and do I have to tell them where I am?.

Should I contact the FDCPA and FTC state offices in both CA and PA?.

Thanks in advance for any help & I do not have internet access except for the library so please bare with me if I take time in answering any responses....

Frank..

asked Mar 02 at 22:06

Ellie
's gravatar image

Ellie
59


Ye, but... you might want to make sure and wait for another member to confirm this as I am not very confident. Better yet, why don't you e-mail the Lending Tree guys because they can answer you better...

answered Mar 02 at 23:46

Brandon's gravatar image

Brandon
766

You don't say when you opened the account or when you defaulted. However, Hunt & Henriques are Collection Attorneys so my thought would be to send them validation asap. Would not be surprised if you get a collection letter from a collection attorney in your state shortly..

Tuit :-)..

answered Mar 03 at 01:08

Christopher's gravatar image

Christopher
2866

Tuit :-), Thanks for the response!.

I opened the account in 1996 (I must check to be sure) and was unable to pay since July 2002..

When you say to send Hunt & Henriques validation what exactly do you mean? (sorry).

No one has my current address on this matter so wondering what to do..

Thanks again,.

Frank..

answered Mar 03 at 02:43

Brett's gravatar image

Brett
4068

As to #1 above: I don't really know, I guess you would declare that when you showed up in court. But it would be my guess that if your young they would get the judgment and wait until your situation improved and then collect on it..

As to #2: You have me over a barrel. You sublet your apartment? and now the new tenant is receiving and forwarding your mail? So how was the ADR served to the new tenant?.

As to #3: What would be your reason to contact the attorney if you don't want them to know where you are?.

As to #4: You are not clear on what the 30 violations are so I don't know if you should contact the FDCPA and the FTC..

What immediately comes to me, is the tolling of the SOL and if I were you I would look into the statutes to see where you stand on this..

Sorry I am not much help but I am struggling to understand all of this myself and am in no way qualified to give you advice. All I can tell you is from my experience with the atty you mentioned is he is a collection atty and he probably can find you if he wants to..

So for me I would send him a validation CRRR..

Hope someone in the know can give you some better answers..

I wish you luck..

Tuit :-)..

answered Mar 03 at 04:22

Mauricio's gravatar image

Mauricio
2169

Thanks again Tuit :-).

As to #1 above: I don't really know, I guess you would declare that when you showed up in court. But it would be my guess that if your young they would get the judgment and wait until your situation improved and then collect on it..

Going to court is the problem. I now live aobut 4000 miles away!.

As to #2: You have me over a barrel. You sublet your apartment? and now the new tenant is receiving and forwarding your mail? So how was the ADR served to the new tenant?.

The new tenant signed for the papers telling the server that I had moved. The server then mailed a copy to the same address and the new tenant forwarded them??? I guess that this is an infraction of the rules on serving but???.

As to #3: What would be your reason to contact the attorney if you don't want them to know where you are?.

I dont want to contact the attorney except for them to drop the ADR or change the states venue....

As to #4: You are not clear on what the 30 violations are so I don't know if you should contact the FDCPA and the FTC..

My bad. When I wrote the 30 I forgot the phrase '30 day notice' which had a few violations in the notice. Some of them are described in my initial post..

Thanks again Tuit :-).

Anyone else,.

Frank..

answered Mar 03 at 04:24

Leo's gravatar image

Leo
3884

Frank I don't know if it's an infraction or not. Did the new tenant tell the server he would forward the papers to you???.

I strongly suggest that you contact an attorney in your area asap..

Tuit :-)..

answered Mar 03 at 04:32

Ruben's gravatar image

Ruben
2077

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