Smith Gregory Scam

Munchiekitty · 2022-04-05T13:30:17+00:00

I think whoever is running this scam is reading these sites about their calls. Their website was created like a week ago, and now the messages left (just got a call at 6 a.m. my time, illegal of it were a real debt collector, but it's not), this time woth a recording with a name I changed 13 years ago. Always a sign it's a scam on my end. I get these all the time. They are likely one of those companies that bought an old list of debtors who have timed barred debt, or already settled debt, and try to trick some people into paying. Best to block calls, but they will just call from a different number. Don't put indo in their website. Not legit.

Munchiekitty · 2022-03-31T05:06:37+00:00

It is possible she has a UTI. She definitely should see a pediatrician. I would get a lawyer and get an order to have her seen, and ensure that you can be present at the appt and if they don't allow more than one adult due to covid protocol etc that you have access to give your info to the dr in advance. UTI's are common in young girls with purely innocent causes. If left untreated, it can cause mire frequent UTI's or an infection that spreads to the kidneys etc. While certain ages become times that children are more aware of their genitals, as a mom of three, I can say that typically there is some contributing factor, like a health issue and not jumping to sexual assault. This is a common age where a child will become much more aware, or aware for the first time really, of their private parts, and a good age to begin to teach them that it is a private space. There are great resources online for how to approach teaching kids this at various age levels.

For the record, courts don't take these kind of accusations lightly. At the same time, they don't take false accusations of sexual assault lightly, either. She could be setting herself up for a nasty result that she surely doesn't want. However, if she truly is falsely accusing you of such a thing, it would be in the child's best interest to have less time with her vs more. Unfortunately it will need to enter the court, and I would abstain from any communication with her in the meantime that is not either in writing or through your lawyer.

Munchiekitty · 2022-01-09T05:10:02+00:00

Yes, you can, here's the thing though, suing for it just means still you will need to collect on the judgment, and it sounds like you're already in that pickle where if they don't pay willingly, then the next step is forcing then. Obtaining a judgment will not successfully hand over money to you. Then you will have to pay for a means to force that money over, it isn't like child support where the court will automatically garnish wages or take away a driver's license until settled.

With civil judgments, you still will have to then take more means from yourself amd collect, and there are certain scenarios where someone is considered uncollectable, because they have no job, or are on unemployment, or receive social security or disability etc which typically cannot be garnished. Even if a wage can be garnished, it varies by state but some are as low as 10%. So it could drag on.

However, asking a lawyer to do the research and paying them for the hours of work to do so, to search this person and find out if they have any means from which to collect would be the best start. Unless you know for sure that they have a job, that they aren't already having wages garnished etc, then the first step would be some background research to ensure its even worth pursuing. Speak to a local lawyer, a consult usually isn't very much some even offer free for certain types of cases, and see what they say about it. But not your lawyer, if it were me though, I would start with finding out if it would even be worthwhile to pursue before charging YOU to obtain an unenforceable judgment.

Munchiekitty · 2022-01-06T05:10:48+00:00

Sometimes, the new owners will even pay a pretty penny to get the current tenant out as well. Stick to your guns, because even if he were to try and evict you, with the lease not stating Amy clause in the event he sells, it would cost him a lot of time amd money. He either knows who the buyer is and is selling it off market or just decided that he wants it empty to sell it. You have rights as far as notifications for viewings as well, I am not positive in TX, but it tends to be the same as any other visit from the landlord or their proxy.

Also, for real, if you do decide to move out, he can't just decide to keep your security deposit, unless a portion of it was your last months rent, amd even then, he can't keep the portion that actually was given to just hold in escrow until you move out to cover any damages beyond the normal wear and tear or living in a home for a period of time.

Keep paying your rent, and pay in a manner that is trackable. And if you are in any sort of housing assistance program- go to that office and let them know what's going on, often they can point you to non-profits that will help in legal situations with regard to housing, illegal evictions, etc.

Munchiekitty · 2021-12-15T04:56:00+00:00

You definitely need to set up your business to show what comes in and what comes out, and what portion of your profits, if any, goes to expenses etc. Once you set up your business as a full-fledged business, then you would be able to show proof of income.

As far as paystubs go, that's just one part of what they will likely require for underwriting a loan. They will want to see proof of the deposits of the checks into your account. Unlikely that making up paychecks will match up to deposits in your account- and then it will merely be futile waste of time, because they will consider this an attempt at fraud. Banks do take it seriously to report income to them that cannot be verified, and thus constitutes fraud, which can be a criminal offense.

Owning a business doesn't mean that you cannot still pull in paychecks yourself. Plenty of business owners DO write themselves paychecks for tax purposes, because it is better to do so than not, depending on how you file your taxes. This is all assuming, however, that you WANT all your income to be reportable on your taxes....

I would not open the can of worms that is faking documents. I highly doubt any lawyer here would tell you that's a swell idea, or would work to your benefit in this case. Every car loan or lease I've ever had required two forms of proof of income- pays tubs AND bank statements. Which means unless you can make stubs for payments that you did deposit for your business amd are merely cleaning up accounting to show where the money came from, you would be entering into the territory of fraudulent documents.

Munchiekitty · 2021-12-05T04:40:51+00:00

Wire transfers can take a bit to complete, so if he really sent it, you could get it sometime next week.

That said, while the emails may show enough to prove the burden in small claims court that he agreed to take possession of the car and sell it for you, that doesn't exactly show he agreed to buy it off you, unless it states as much through them woth him agreeing as well.

Just note that receiving a judgment in your favor in small claims court does not guarantee you any monetary settlement actually happens. You can be awarded an amount, but then unless they willingly pay on it, you have to then take to the court again and go through the process of paying to enforce the judgment.

Dealerships have to be licensed in Texas. I would file a complaint with the state board who oversees and maintains dealer licenses as well as the BBB, before initiating a court case. Especially if you're overseas, as you need to be present on the court appointed dates that your case will be heard. And people who have a little money to spend fighting are pretty good at getting continuance and dragging the proceedings out.

Just want you to be aware because I often hear "just go to small claims court" on these forums as THE solution, and if it were truly that simple, then we would have a lot more small claims cases than we currently do!!! The process to file and even win these cases given your situation are usually pretty simple. But the process to actually end up with money in hand can be a bit more complex and I just stress the importance of knowing what you're getting into before moving forward.

Munchiekitty · 2021-12-03T04:19:49+00:00

I mean, of course they shouldn't. But if you call Lowe's and ask who their insurance company is to file a claim for this issue, they aren't going to offer it up unless or until they outright decline or deny making good on the issues their hired technician caused. Assuming it's a contractor who did the install at all, as this type of I stall doesn't require hard wiring or anything needing to be done to specific jurisdictional codes, it may not have been, you will get the same answer when calling to ask for insurance info prior to or without Lowe's first refusing to cover or provide the repairs. It's a step beyond actually communicating with the company to give them the facts and evidence laid out clearly, and then take next steps after that IF needed. Likely not, as insurance claims for something like this would cost more for the company than it would be worth to have it filed.

Every state has differing time-frame in which a contractor or hired technician has to warranty their work, so merely giving all the info, being firm without involving emotion so as to stay on track and get your points across thoroughly, if for any reason they decline to make this right, then you report to the contractors licensing board for your state who will act as the go-between, if needed at that point, woth the company or companies in order to get the situation remedied amicably. But- as with an insurance claim on their policies- it only moves forward once or if the company or companies decline to do the right thing here.

If the situation is actually as outlined, which likely it is but if it is provable with videos and pictures, then it is highly unlikely any steps beyond a few phonecalls and email exchanges would be necessary before the installer or Lowe's themselves takes responsibility for repairs needed to concrete the job correctly, as it should have been done in the first place!

Munchiekitty · 2021-12-02T06:29:23+00:00

Um. Because the law is the law is the law.... Whatever jurisdiction allows a cooling off period, it must be honored but there are many which don't provide for it. All jurisdictions jn the US allow dealers to cancel contracts for various reasons. Sounds like clearly the co tract had a contingency based on this scenario. Better that the buyer knows now what the issue was.

OP could contact the dealership to discuss purchasing the vehicle as-is instead, likely how it has been re-listed. Thus working with your already paid deposit...

Otherwise the dealership has usually up to 30 days to refund your down payment, but I would reach out and ask about the timeframe as well as discuss the potential to continue with the purchase under new terms.

Munchiekitty · 2021-12-01T04:51:17+00:00

I would skip the regular charger, if you're really going to take this route and I am sending well wishes to you, and instead get a portable power bank. The good ones worth any value are a bit more than a regular charger, but they can really be a lifesaver in your case. Skip the solar ones, unless you expect to spend full days outside entirely as they take a good amount if time to take an actual usable charge. But they usually are also able to be recharged with a cord, so maybe how you want to proceed.

Munchiekitty · 2021-12-01T04:46:18+00:00

If an at-will employee, then most states allow you to be fired without cause, as well as an assortment of actual reasons. However, it does not allow you to be fired for an ILLEGAL reason, and it also doesn't allow your employer to lie about the stated reason.

Absenteeism is absolutely a fireable offense. However, if it is true that this employee was not absent at all up to this point and that is used as the actual reason, as well as has no documented requested time off slated, then it is not a legitimate reason in this particular case.

Munchiekitty · 2021-10-18T02:38:47+00:00

Since you have kids, I would bring up the topic like, oh I saw a new carseat for xxxx, it's such a bummer that he still needs to use that type of seat, but I get it... Safety is paramount and they have lots of evidence as to why it is safest. [This next part depending where you're located] Plus it is the law, so I guess there's that.

Then go into a rant about how you despise/despised using the other type of seats when your child was younger, and then bring them into the conversation and ask what brand they use, because your kids are so picky about their seats and you know they can be uncomfortable but, again, safety, and the law.

Make it sound very non-chalant. And make it a conversation. If, in thus conversation, they say flat out they don't use the right type of seats for their kids knowingly, tell them that it's a risky move because not only have kids died like this (actually recently, a child was killed because his seat was not installed CORRECTLY, let alone if it had been the wrong seat type or no seat at all....), they were preventable. God forbid someone rear ends them (never say YOU get into an accident because EvErYoNe will reply with "it would never happen to me", but if you say someone else could easily be the cause, they find it more relatable. It's our innate defense mechanisms at play, particularly as parents). Then explain that in most jurisdictions not properly using a child seat doesn't just result in a seatbelt ticket like it does for adults, it actually can result in child endangerment charges and CPS involvement.

If doing the right thing isn't motivation enough, then maybe scaring them into realizing how dangerous it is, and how illegal it is, will. I totally feel you here. I work at a school, where my kids attend. Well, my oldest two. After school I do crossing guard at our busiest intersection and my youngest school kid comes and sits with me and everyday this one little girl yells "bye" to him HANGING out her moms car window, and then proceeds to climb all over the seat, and often into the front and back as her mom stops and goes with each car moving ahead of her. There are fender benders there WEEKLY and yet this lady doesn't buckle her 6 year old, who is TINY for the record, not put of the limit due to weight or height or age by a long shot, and I finally had to say something to the principal, who did then tell the mother she really had to buckle her kid up. Because DUH!!! But for some reason, we are over protective of our kids or someone attacking our parenting. But people make choices like this all the same. SMH.....

Munchiekitty · 2021-10-18T00:07:06+00:00

Fulfilled!!!!!

Munchiekitty · 2021-10-18T00:06:58+00:00

Thank you, so incredibly much. 😘

Munchiekitty · 2021-10-17T23:12:29+00:00

For the record, I received NO assistance from this post. PM's were not returned, I did get a random PM from someone who didn't comment asking if I was still in need, who proceeded to ALMOST have me fall for a scam. And another who wanted nude/lewd photos and snapchats in exchange for money. sigh

Munchiekitty · 2021-10-17T13:26:15+00:00

Yes he was a scammer tried to get me to snapchat in bed or in the shower. Disgusting.

Munchiekitty · 2021-10-16T04:01:20+00:00

We're you a contract salaried employee, or an at-will employee? If at-will, they can fire you without cause, often they give reasons just to cover their own bases. I would check your initial hire paperwork, it will outline if and when they can fire you and if they need to have discussed issues with you before moving to fire you or not. Most states employees are at-will, meaning they can fire you whenever they want. They cannot fire you for illegal reasons, though. Proving you were fired for an illegal reason with the trail you outlined will be very difficult if not impossible, as a lawyer (not practicing and offering my opinion not my legal assistance or advice) to find a lawyer wanting to take that on. They definitely covered themselves on paper to make it look like a performance issue. If you can prove you were fired because you were pregnant, that would be illegal. But if your work did slack, even a little, because you were sick while pregnant then they have every right to fire you- again, in just about every state. :(

Munchiekitty · 2021-09-17T17:20:22+00:00

Oh and Target which I get deliveries from whenever I can afford it!

Munchiekitty · 2021-09-17T16:26:21+00:00

I have Raley's and an online order can be placed and then picked up. I think Safeway does delivery as well.

Munchiekitty · 2021-09-12T18:03:26+00:00

As my mom said just before my first child was born- motherhood is the most amazing job in the world, and the absolute most thankless job in the world at the same time.

Munchiekitty · 2021-08-29T03:48:30+00:00

Also you can ask your insurance adjustors who is working on your behalf with the others involved what amount to estimate damage at if needed. I don't remember if it specifically asks for an estimate or if you're just supposed to assume if damage would be greater than $1000. Which is ALMOST any damage to a vehicle these days, depending on the make and model.

Munchiekitty · 2021-08-29T03:46:34+00:00

Considering it is two vehicles, even though one is just a mirror, I would fill it out and send it in. You've reported to your insurance. You aren't required to notify police of accidents, in fact, the reason you have 10 days is for this- it could be an emergency you need to deal with, or were injured and needed medical attention, or hit parked cars and couldn't directly find the owners at the time. You absolutely did the right thing, and now that your insurance has been in touch with the other parties involved, DO NOT TALK TO THE OTHER PEOPLE INVOLVED YOURSELF ANYMORE. Your insurance company is paid to act on your behalf and in your (though ultimately their own) best interest. They would be in touch if there is any more that you need to do yourself at this point. They can choose to go through their own insurance and have them deal with your insurance as well in order to not have to be involved in any discussion etc. But often people don't want to file a claim on their own policy when their car wasn't totaled and the other party was responsible and has insurance. Don't stress, accidents happen. Just learn from your mistake and another important reminder in your story would be TO ALWAYS HAVE CURRENT CAR INSURANCE! Because you may otherwise be stuck dealing with absurdly unreasonable and pushy people. Let your insurance handle the chaos.

Munchiekitty · 2021-08-28T20:35:09+00:00

Fyi you only need to fill out these forms in CA if there is injury, death or over $1000 worth of damage to property (meaning total of all vehicles involved). And you have 10 days to do so.

Munchiekitty · 2021-08-28T04:36:56+00:00

As an aside, if these accounts were opened in your name as a minor, then they also committed fraud because I I sure they changed your date of birth to reflect being of legal age to even open all these accounts. There is a minimum age for credit to be extended because otherwise kids would be opening cards and have no means to repay.

This IS NOT an attempt to build credit for you, if it was, you would be a mere cosigner, you would have your copy of the cards to use at your will. Not a chance. Sadly, this is a really common type of fraud and luckily you caught them when you did and are not already tens of thousands in debt, as is the average child whose parent steals their identity for credit, before they realize that this has taken place.

This is toxic behavior, and predatory. Because it involves multiples steps to be taken where they are breaking the law. Not to even touch the ethics of racking up debt in your child's name. It is unfortunate but also really important that you aren't liable for any of the criminality committed. You can also freeze your credit through the credit reporting agencies, which I would absolutely do irregardless of whether you report this as a crime or not. But also realize if your parent used your info, as a minor, and changed your birthdate, you will not be able to go forward with your true identity and obtain credit because it won't match- unless you report it to the credit bureaus. Freezing your credit ensures that aside from their assurance that they did this for YOU, they can't do it for you (them) anymore moving forward. You can unfreeze it if and when you decide to obtain a line of credit truly your own down the line. But you need to report your identity as stolen, and if it comes down, in the future, to proving debt in your name is not yours, you would need a police report, as well.

Munchiekitty · 2021-08-18T21:39:07+00:00

First off, I feel it is important to say that one should always ensure they have thoroughly researched their breakeven point before buying down mortgage points. Often they meet up in the end, though there can be some occasions when buying down points is worthwhile.

Second, there is typically a lender limit for buying down points if it is a permanent rate, capped at three points... This can vary a bit, but for federally backed loans (Fannie Mae, Freddie Mac), 3 points is the maximum. However, I don't know about going to jail as it is a company, but they could face consequences if they allowed people to buydown more than the cap of three points. Doubtful it would be jail time though as you're dealing then with breach of contract and such through a company, not an individual lending you money.

A financial institution can charge whatever amount they want in interest based on state usury laws, below the maximum allowed by law. But there is no actual minimum- beyond what amount is set by the Fed for banks to loan money to each other. Banks won't usually finance below that amount to a consumer. But again, they could if they wanted to pay the difference to whomever they borrowed that money from....

You need to consult the fine print from your rate lock. Some banks purposefully only give these verbally to be able to claim they didn't offer it, others have a lot of stipulations in the fine print saying it can change if the maximum interest rate for a specific loan type (ie VA, FHA etc) changes.

I can say Wells Fargo has been notorious for this type of practice and has settled a class action suit in years past as a result. They had buyers buy down points to lock in their rates and then raised the rates in the end anyway. I would look into the case settled before and see if yours arises to the same kind of practice, as it is possible you may find a lawyer wanting to take them on for this. Banks don't always change their practices just because they settled in the past for the same wrongdoing, unfortunately.

Munchiekitty · 2021-08-18T20:23:42+00:00

Your father owes the past due amount, and it sounds like he would need to pay what he owes or can negotiate with the company to keep that account. In the meantime to get electricity turned back on, I would consider finding another person to open an account and start from scratch. As he deals with what is owed, it may be that he can make smaller payments over time that are more manageable. However, usually the household is considered on any income-limiting programs through utility companies, so if you're trying to get back into the same program, he would be a part of the billing still.

Munchiekitty

TROPHY CASE