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Where is the supposed fraud coming from?

I'm not seeing what I did wrong except exagerrated my income when applying for those cards.


I guess that depends on your definition of exaggerate.
$100k on application, $20k in reality looks like fraud.
$100k on application, $80k in reality looks like a rounding error.
Either way, not a good idea to talk on the internet as if you did it intentionally.
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Boy, your post really got the debt collectors on the board fired up!  :vbrofl:

I don't see anything that amounts to "criminal activity" here like they would love to believe.  I see horrible financial decisions, but we don't put people in debtor's prison in this country (except for gov't debts).

I see someone who is in a hole and taking desperate measures to get out of the hole, which may or may not make the hole deeper, but does it really matter anyway?  Check your state's BK exemptions.  See how much cash or assets you are allowed to keep in a BK.  It if it is more than the $30k cash you have, then you may want to plan ahead with it.  If you need to pre-pay some bills like a phone or car to have them secure for a while to get under the exemption amounts, I might do that.  I would also consult with a couple BK attorneys to see what your options are and a time-line you could work with, given you just made large charges to the credit cards and may need to wait a few months before you can file BK.  Most consultations are free, so I would gather all the information I could before deciding how to proceed.
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TCPA / Re: Quick Rundown on my TCPA Attempt
« Last post by fisthardcheese on Today at 11:10:40 AM »
isn't it borderline harassment to text 5 times in a hour after being told to cease? Again, in my world, if it ticks me off, it oughta be illegal. If it ticks me off, it's a bit much.

Looks to me like you have concrete actual, emotional damages here.  If this goes to court, I would detail how frustrated and angry you have been about this harassment of several texts within an hour and multiple texts after 9pm.
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TCPA / Re: Quick Rundown on my TCPA Attempt
« Last post by aaabbb on Today at 06:46:34 AM »

As for harassment?  How are you going to prove intent?

As for you getting angry being equal to a violation of law? 

TCPA complaints written by consumer attorneys usually allege both of these things, especially post Spokeo. You will have to plead in such a way that demonstrates some sort of harm so you are not just citing bare procedural violations. Of course, it's better to cite the money spent on wasted minutes or the electricity used to charge a depleted cell battery but the complaints that I have seen, drafted by actual consumer attorneys, have included language about "harassing phone calls".
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Where is the supposed fraud coming from?

Right here:

"I'm not seeing what I did wrong except exagerrated my income when applying for those cards."

That is theft by deception and fraud in applying for the credit.  Had you been honest you would not have received those credit lines and you know it.  Not to mention you took them out knowing full well you could not pay them back.  Whether the creditors will pursue criminal charges is unknown but it would not preclude the BK court/trustee from excluding those debts from the BK and leaving you responsible for them because of how the debts came to exist.

I mean I literally have no money at all if I didn't take out money from those checks.

But I still don't see how this is fraud of any kind, I used those checks as they were intended.

Your not having income unless you committed theft by deception doesn't make it legal.  Of course you don't see how it is fraud.  It isn't HOW you used the checks that is the problem.  It is HOW you got the checks in the first place.

Are you implying that I took money knowing I won't be able to pay it back? Which would be false, I am actively looking for employment. What's the difference between what I did (0% APR 2% fee) and somebody who lost a job and had to rely on their credit cards (20% APR) to pay for everything?

That is EXACTLY what we are saying.  You were unemployed with no income to repay any debt let alone large credit lines.  Then you INTENTIONALLY wrote those checks draining the credit lines again with no ability to repay it. 

The difference between you and someone who loses their job and relies on existing credit lines is they had them prior to the change in circumstance.  Their intention is clearly survival mode while they attempt to regain traction.  They didn't lie to attain the credit.  You do understand that "misrepresenting" your income is a LIE right?

I mean I could even just stop paying the minimum payments (strategic default) and it still wouldn't be considered fraud right?

No it is still fraud.  Not making anymore payments doesn't undo HOW you got the money from the creditors. 

As for your plan to make a large bet in Vegas and win enough to pay it all off:  I live here in Vegas.  Let me be clear:  DO NOT do this.  Chances that it will work are slim to none.  I set aside a fixed amount every football season to bet less than $100 each week on pro-football.  Merely because I like having a little "skin" in the game.  Even with $10 bets on parlay cards or $50 on a single game I have yet to hit it really big (and I am pretty good at this) and I rarely see anyone hit the big one at the casinos.  Their book makers are EXPERTS at setting the point spread so that you miss.  If this is the only money you have to survive sinking it into this plan is suicide.

My opinion:  pay down the debt as much as you can.  Get a job doing ANYTHING to get money coming in.  File for unemployment if you qualify.  File BK after you pay down the debt as much as possible.  If you do that the chances the trustee views it as fraud if you do file BK is much much lower.  Any of your other plans are really really bad ideas.
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When you pile a gambling debt on top of fraud, the consequences don't get any better.

I would have a long hard think before I tried any of what you are suggesting...Start looking at the odds of your getting away with any of it...And look at the possible legal consequences that you might have to face in keeping yourself from facing time away from home.

There is not much in mitigating benefits that would outweigh the risks.


Where is the supposed fraud coming from?

I'm not seeing what I did wrong except exagerrated my income when applying for those cards. Those checks did state I could do whatever I want with the funds including taking a vacation (Vegas?) or deposit it to my bank account.

I mean I literally have no money at all if I didn't take out money from those checks. At least right now I have the money to file BK. Instead of taking a 50% chance at repaying everything by gambling 1 time (which the checks did not prohibit, actually stated to take a vacation), I could repay $25K and keep the remaining for BK and living expenses. It's reversible provided I take about a $600 loss on the check fees. But I still don't see how this is fraud of any kind, I used those checks as they were intended.

Are you implying that I took money knowing I won't be able to pay it back? Which would be false, I am actively looking for employment. What's the difference between what I did (0% APR 2% fee) and somebody who lost a job and had to rely on their credit cards (20% APR) to pay for everything?

If I just BK'd $12K back then instead of taking money out, I am 100% sure I would be in a far worse position today with a lot less options available. I mean I could even just stop paying the minimum payments (strategic default) and it still wouldn't be considered fraud right?
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TCPA / Re: Quick Rundown on my TCPA Attempt
« Last post by username_taken on Today at 02:14:59 AM »
I'm pretty sure I qualified my statements. There's a difference between believing it should be and it being so.
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TCPA / Re: Quick Rundown on my TCPA Attempt
« Last post by CleaningUp on Today at 02:06:44 AM »
If they have an attorney on the case, you are violating at least the ethical part of communication on legal matters.

Once an attorney is handling their matters, you deal with the attorney, not the attorney's client.

As for harassment?  How are you going to prove intent?

As for you getting angry being equal to a violation of law? 

Don't be stupid in your pursuit of a payday!  THAT is pure stupidity coupled with a terminal degree of ignorance.  If you play that card, you assure yourself of not being taken seriously by anyone on their side and the court that you are going to have to ask to resolve your case.

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When you pile a gambling debt on top of fraud, the consequences don't get any better.

I would have a long hard think before I tried any of what you are suggesting...Start looking at the odds of your getting away with any of it...And look at the possible legal consequences that you might have to face in keeping yourself from facing time away from home.

There is not much in mitigating benefits that would outweigh the risks.

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TCPA / Re: Quick Rundown on my TCPA Attempt
« Last post by username_taken on Today at 01:45:04 AM »
That's actually sound advice. Of course, being so green in this stuff, I'm uber-confident in what I have to prove my side and kinda want to say, "yeah. That's right. I got this".  Pride cometh before the fall.
 I totally see what you're saying. I did send him an email basically telling him instead of spending 30 minutes on a phone call where he can transcribe what I'm saying; here's what I got. I sent him transcripts of the texts along with time and originating number, (I did make sure to include the one that shows the 9:30 p.m. text. Although, since sending that email, I did find three more instances on my cell bill of them texting me. Don't know if that changes anything, but now, instead of 9 potential, I have 12. Also, I don't know if this has any bearing on what may be, but isn't it borderline harassment to text 5 times in a hour after being told to cease? Again, in my world, if it ticks me off, it oughta be illegal. If it ticks me off, it's a bit much.
 Should I email him and include the three to bolster what I may have or ......?
 Thanks for the advice.
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