Drive fast, live hard, no regrets... Sorry Penske
 

I blame the teachers' unions, but otherwise I am with you man!

Question
 

sue your divorce lawyer for malpractice for failing to get the guarantee rescinded or otherwise covered for?

Seems like option 1 is the heavy-handed bank approach of making their problem your problem by threatening your credit record (I suppose not unreasonably). How does it differ from 3, btw?

Can you work out some sort of payment arrangement with them--either you make an initial payment with continued payments over time, or you put your money in escrow/savings to back your payment obligation? That buys you time to pursue 3. The idea is to keep them happy enough to stay away from your credit record for now, keep unreasonable interest from accruing, but stick him with his debt.

Too bad you can't just sneak into his house using the key you still have, take the money and the lunchboxes, and move on.

Question
 

Nice use of white space. You were able to express an appropriate level of sympathy without distracting from the hilarity of the initial statements. In fact, I was just finishing chuckling about the kneecaps comment and was transitioning into feeling a little bad about laughing about ncs' sad situation when I stumbled across your coda and immediately began nodding in concerned empathy. Well played.

Question
 

Where's that 5 large you owe me from the Bama/Auburn game?











Pay me or I will kill you.

Question
 

Interesting thing is, I knew an ex-cop in Chicago who was still on the City dole....er...payroll, who once offered this very solution to another friend's problem. He said he knew some of his ex-colleagues who did contract work. This is why I support the Second Amendment so vigorously.

Question
 

His last payment was January 2005. I'm sure it is within the limitations period.

How bad would it be to have a settled debt on my credit report? Bad enough to pay the full amount to get it off instead of trying to save myself a few thousand?

In a not-so-wonderful coincidence, I rent and will be moving within 6 months. My bf has stellar credit, but I don't want something on my credit to screw us in the renting process. We'll be trying to rent a place in Santa Monica, which is a total landlord's market. And good stuff flies off the market with multiple people waiting in line for it.

Question
 

Stifler eats human shit in American Pie III. The "eating horseshit" juxtaposed with that avatar strikes a false note.

Question
 

That really sucks. I'm not sure Option 1 is as clean as you might hope. The loan people might show it as paid, but the fact that it was at one point delinquent may still show up in your credit report. I'd nail this down for certain (by talking to the credit bureaus) before taking this option.

Option 2 might actually be better, in that you can also request to place a note of explanation on your credit report. It'll still hit your automatic applications for credit (but probably not by very much, since I assume your credit history is otherwise clean and the automatic loans would be smaller), but at least it would be a factor in any loans of real significance.

I recall a few months ago getting a credit report with FICO score from one of the credit bureaus and they had a function that allowed you to see how different scenarios would impact your score (like defaulting on a loan, making a payment late, etc.). It might help figure potential options. I'll try to find a link.

Question
 

Oh, I definitely know some people who have been seriously threatened by bookies here...it's very effective.

I also have an uncle who semi-jokes about this kind of stuff all of the time. I never ask if he's serious.

Question
 

The divorce decree explicitly states that it is his and that he has to indemnify me. I don't htink that the bank cares about that though. I don't think the divorce wiped away my liability as between me and the bank. Am I wrong?

Question
 

Dog shit. He eats dog shit. It definitely sticks to your shoes and the top of your mouth.

Question
 

I am no expert but this happened to me in a previous life (deadbeat ex (who was my common-law husband, so attempted to saddle me with his debts)). I just paid it and moved on. It would be a fairly insignificant amount now, but seemed a huge amount then.

I would really look into how this is going to affect your credit score. The bank is being heavy-handed but you don't want to get screwed by fighting it.

Question
 

oh right. damn.

Question
 

I think your post would have been better if written as follows:

Oh, I definitely know some people who have been seriously threatened by bookies here...it's very effective.






But ncs should try to work something out with the student loan company before getting involved in that sort of thing. This really sucks.

Question
 

Plus ncs has assets. Its more than just a bad credit report. The bank can come after her.

Question
 

No, I don't think you're wrong. I think that the bank doesn't give a shit about your divorce decree, as they weren't parties to it. But I do think that if this eventually shows as a black mark on your credit, you are in a position to say "Yes, I am aware that there is a black mark on my credit. Nonetheless, there are extenuating circumstances. These are they."

Question
 

I cannot see ncs saying that.

Question
 

oh right. damn.

Question
 

Then she can paraphrase, in her own words.

Question
 

Don't they have to follow the state confession of judgment rules to get a judgment against you (most gurantees in these parts have a confession which allows them to enter judgment)? If the confession (this term may change from state to state) is defective, the lender can't get paid, and has no legal basis to hit your credit report.

Question
 

I heard that if you skip out on a loan for schooling in Japan, the Yakuza may sometimes get involved, verify?

Question
 

I'd be more like, "yo, bitch, that debt ain't mine! talk to the proverbial hand!"

Question
 

No.

Question
 

You gotta look to the guarantee and divorce doc to see which trumps. There's probably law on this, but if they were negotiated in different states, that raises a conflict osf laws question.

Just see a loan workout lawyer. He'll read the docs and unscrew it in a few weeks. This shit probably happens all the time.

Question
 

Equifax ScorePower(R) gives you your FICO score, and allows you to see what hypothetical changes would have on your FICO score. I think it's an add on to ordering a regular credit report, though. Definitely a cool little tool, although your situation may be odd enough that it would fry its little AI brain.

Question
 

Maybe you should have worked harder to keep the marriage together?

Question
 

I don't think that's right, Seb. The bank wasn't a party to the divorce. It doesn't care. All it knows is that casey guaranteed the loan, and it wouldn't have made it without that guarantee. And now, the bank wants casey's money.

Question
 

Indeed. He is quite a winner.

Question
 

That's beyond offensive, you fucking asshole.

Question
 

Thanks, balt. I'll definitely look into the credit report stuff. I have 2 weeks before I need to talk to the bank person again.

Question
 

I like it. Is this new?

Question
 

But if they smack your credit without basis, they are open to a lawsuit. In a past life, I sued banks for doing exactly what you suggest they're doing in the corp context. The bank would say "Fuck you... we didn't know. We relied on the guarantee." Then we'd litigate over whether they did proper due diligence to find out.

Not Confidential To Less
 

I am not caught up but have been informed by the IM community that Less took a vicuos and unprovoked shot at me. To this I say, Pity, Less. I was actually contemplating offering you a seat at my VIP table at the Fillmore as an olive branch of sorts bc this shit is childish and we both love live music. An olive branch if you will. But once again, I am reminded that the level of childish, vicious spite for hurt feelings past on this board by certain posters knows no bounds. Now, you will probably come back and say you wouldnt take such an offer from such a stupid crazy person as myself. But its your loss pal.

Oh, and I already know many in the TX ACL community Get with the program, you pathetic little man.

Question
 

This is the worst, namby pamby legal advice I have ever read.

"Well, you have to read the documents to see what they say about whether one is superseded by the other or some such thing. I imagine there is law relating to this, and research may be helpful in revealing said law. Note that, if you sue him and he lives in a different state, there may be issues of diversity jurisdiction leading to possible removal. There are federal statutes that govern removal. This is not an uncommon situation and consultation with a lawyer may be able to provide you with some form of relief, although I must refer you again to my earlier statements concerning the language of the relevant documents and the possible existence of adverse controlling precedent."

Question
 

Gallant responds to a wry observation by asking whether it might have been meant tongue in cheek, then responds after some thought.......

Goofus responds quickly with base emotion and whiffs yet agian.....

Question
 

You people who can't keep a man sure are touchy.

Question
 

who is casey?

Question
 

What if I don't have a copy of the loan documents? How do I go about getting those? Ask Loss Recovery for them?

Question
 

Find out what? she made a guarentee. that he turned out to be unworthy of the guarentee is the very possibility that caused the bank to ask for the guarentee.

Question
 

In relation to your conversations with the bank, put everything in writing and cite to the Fair Credit Reporting Act, willy-nilly. You may even find something helpful in here where the citation would not be willy-nilly but actually all legal-analysis-like.

http://www.ftc.gov/os/statutes/fcra.htm

I also suggest you write yourself a file memo about your conversations with the bank up to this point.