creditwrench

Collections

2008-08-06T20:44:00.002-05:00

Collections

Question:

Answer:

Expect a lawsuit. You should start now to learn how to fight lawsuits without a lawyer. It really isn't hard to do at all. I teach my students how to do it all the time.

One of the methods that I use in teaching is by letting them see my computer screen in real time so they can follow along as I go through some of the more intricate steps which always occur during the first learning steps. Being able to see what I do on my computer and following along they can then repeat the steps on their own computer.

If they are unable to grasp it for whatever reason they can give me permission to actually control their computer and I can then do it for them if need be. That is seldom necessary howver because most folks can grasp the principals easily. Being able to actually watch documents being prepared in real time shortens the learning curve substantially.

That's not all. I teach them how to make a movie of what I am doing so they can watch their movie later if need be.

That and many more student aids make the whole learning process much, much easier.

Bill Bauer
405-684-9297
405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night. __________________
http://shrinkmylink.com/qlmqson Try this great new search engine!
This Sigline updates constantly! Try it!
Creditwrench - The lethal weapon against debt collectors
ceo@creditwrench.com
Creditwrench Blog
(405) 684-9297- CALL ANYTIME
(405) 684-9297 FAX NUMBER
(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME

Facts not in evidence

2008-08-04T12:49:00.001-05:00

Tips & Tactics

Objection ... Facts Not In Evidence !

When a lawyer needs missing facts to win his case, he may try to sneak them in ... without witnesses, without documents, without anything at all ... against the rules!

He may "remind" the court of facts never introduced into evidence, or he may make mention of the missing facts while questioning a witness, as if the facts were already in.

You must stop it with a timely objection!

"Objection, your Honor! Facts not in evidence!"

They will do this at hearings, at depositions, at trial, and in written memoranda, motions, and other papers submitted to the court.

Count on it, and be on guard. Use his tricks to show the hole in his case! The very fact that he cheats shows he has no witnesses, documents, or other things to establish the missing facts he needs to win.

So, object ... and make the court see the holes in his case!

You cannot hope to win if you don't know more about objections, together with evidence, pleadings, motions, and all that we show you in our 24-hour step-by-step self-help for non-lawyers course.

Order our case-winning 24-hour Jurisdictionary step-by-step self-help for non-lawyers course right now and learn what you need to win your lawsuit.

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USA

Out of state judgment

2008-08-01T21:28:00.002-05:00

Out of state judgement

QUESTION:

I was on the verge of Bankruptcy 5 years ago, but have worked out of it. At the end of February, early March I received a certified letter and what appeared to be bogus court papers for a very old debt. Looking back those court papers buried in the packet may not have been bogus, but they was no court date or location to appear.

bankruptcy
court
bogus

I responded I did not think that debt was mine/ and/or valid by registered mail to the collections attorney. Now, about 2 weeks ago I received, via regular mail, notice of a default judgement filed against me in AZ for over double the original debt amount.

attorney
mail
default
judgement

Over the weekend, I received a letter from the attn stating the will try to garnish my wages. I have called many attorneys, but it seems if I don't want to file Bankruptcy, they don't want to represent me. One mentioned, I should contact an attorney in AZ where the judgment was filed and PA, where I live now, doesn't garnish wages.

weekend
garnish
wages
judgment

The default Judgement was 30 days ago, now and I do not have an apt with a lawyer until next week, and it is in PA. I have searched the web and lawyers who have site that sound like what I need, reject me when I do not want debt consolidation or bankruptcy and have offered no referrals. I don't want to snooze and lose. The statute of limitations is expired by a couple years both in PA (where I live now) and in AZ (where I used to live 5 years ago and the judgement is filed). I have been trying to improve my credit the past 5 years. I can live with a bad mark on my credit report, but not an attempt to take my pay/ and stuff.
debt
consolidation

ANSWER:

Check the Arizona case to see when it was filed. Let me know what you find out. If it was out of stat in AZ when they filed it then you may have a way to go.

Arizona

---------- FOLLOW-UP ----------

QUESTION:
It was past the Statute of Limitations. I see a date on the summons I recieved in March 08, dated 9-24-07. Statute is 6 years in AZ

ANSWER:
How can you prove that it was outside of statute of limitations for Arizona when it was filed.

Statute of limitations

If you can prove that the statute of limitations had expired by some means then you might very well have a case against them in federal court for misrepresenting the legal status of the debt. If you can't prove that somehow then you are probably not going to be able to do anything but live with the judgment.

If you allege something you must be able to prove your allegations or you don't have a winnable cause of action nor a defense.

I have a good friend who went to court today and I went with him partly for moral support and partly out of curiosity to see how well he would fare with his arguments.

Gene is a pretty good speaker. He is also a pretty fair student of the law and not because I have taught him. Yes, we have conferred on various topics from time to time but only on a chatting basis. I told him that I thought that he would not be likely to win on the SOL argument if he didn't have proof positive that what he was saying was true.

Judge Croy, whom I know as a result of having been in his court as an observer several times, is a very fair judge. He will take the time and trouble to treat a pro se reasonably well and will explain the law and even give tips and hints from time to time to help the pro se. Judge Croy ruled exactly the way I said he would. He denied Gene's motion to dismiss because Gene didn't have proof of his allegation that the SOL had ran it's course. He suggested that if he couldn't come up with proof any other way that he use his discovery tools to make the plaintiff come up with the facts.

The plaintiff's lawyer argued that Gene had not answered the complaint because Gene had also filed a graduated denial at my suggestion. That wasn't an answer according to the Plaintiff's lawyer but Judge Croy ruled that it was a valid answer. Now it is up to them to object to that and prove each allegation to be wrong. They are now out of time to have filed a response so we will see what happens from here on that. The plaintiff's lawyer was most unhappy over having lost that issue.

Gene also argued lack of jurisdiction based on improper service of summons against my best advice. It seems that Gene has a close friend who is a P.I. and a process server himself and was visiting Gene at the time. However Gene was not home at the time and the friend was waiting for him to return. It was the process server that got served.
(LOL)

But just as I predicted, Judge Croy wouldn't listen to that because Gene didn't bring proof with him.

The point here is that if you are going to win on a SOL argument in any court you are must have proof of what you say.

So can you prove that it was out of stat when filed in Arizona. If so then you can probably win in federal court and get rid of the whole problem. If you can't prove it then you will probably have to live with it.

---------- FOLLOW-UP ----------

QUESTION:
I can live with a bad mark on my credit, but not with them garnishing my wages or taking my property. Should I be worried? I was told they cannot garnish my wages in PA but I am thinking about moving out of state. Also, I have an appointment with an attorney in PA next week about this matter. On the phone a lawyer said I'd have to get one from AZ. Is there any reason to see a PA attorney?

Answer:
They will garnish your wages and maybe take property but that depends on the laws of whatever state you happen to live in when they catch up with you.

garnish

You would be well advised to stay right there in Arizona because when they catch up to you in another state the judgment will already have been granted in Arizona and they can get it domesticated into whatever state you move to and it will be much more difficult to fight that way.

The case was filed in Arizona so a PA lawyer won't do you any good. You really don't want an AZ attorney either. One isn't any better than the other.

Bill Bauer
405-684-9297
405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

__________________
http://shrinkmylink.com/qlmqson Try this great new search engine!
This Sigline updates constantly! Try it!
Creditwrench - The lethal weapon against debt collectors
ceo@creditwrench.com
Creditwrench Blog

(405) 684-9297- CALL ANYTIME
(405) 684-9297 FAX NUMBER
(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME

Do I just default on my creditors?

2008-07-31T05:53:00.002-05:00

Do I just Default?

Question:

30 K to Chase. Divorced 2 years ago and had about 15 k outstanding after I absorbed all the debt in the divorce. Had just bought house with ex-wife and it's sat, empty, on the market this entire time. I have a decent job, but was laid off prior to getting it for a while.

I was over my credit limit (by a 100 bucks or so) the last couple months. And several months ago was a few days late on a payment. They hiked my interest to 29%. They wont work with me, though I could pay as agreed before.

What are my options. I believe max garnishment in MO is 10% and I have no assets (little equity in unsellable home). Would my money be better spent with a lawyer? I see no chance of chase even talking to me and I'm not gonna be able to get back under my credit line ($1300). Also have decided to forclose on my house as that was another $1000/mth. What a mess...

Answer:

When it comes to debt related problems lawyers are most often a waste of money if you can even find one willing to take your case. Here is why. First and maybe foremost is that debtors normally don't have a viable defense and lawyers don't like to take cases that are almost indefensible. If you owe a creditor or a debt collector money there isn't any reason that most judges will accept for failing to pay your creditors what you owe.

While judges do realize that people run into financial difficulties their thinking is that when you can't pay your debts your only recourse is to run to the bankruptcy courts to absolve yourself of your debts. As is usually the case when government is asked to resolve a problem they end up creating more problems as a result.

Bankruptcy only creates more problems and is quite expensive. There are no free rides even if you are dead broke and worse. Bankruptcy is no exception. Yet, sadly, people are rushing to bankruptcy in ever increasing numbers.

So what is the answer to lawyers who can't or won't help and bankruptcy courts?

The answer is to learn how to defend without lawyers but once you do that and lose a few cases in local courts no matter how well you have learned or how well you have prepared your defenses your back is against the wall and now you think you should have either hired a lawyer or filed bankruptcy and it would have been all taken care of by now without all the fight. So why did you lose even though you thought you were sure to win?

Maybe you are like a personal friend of mine named Gene. He and I are going to court this afternoon because he has a solid reputation of winning in various courts in other types of cases. He is a well respected member of Richard Cornforth's local J-accuse group here in OKC. That's how I met Gene a few years back.

Gene has an unbeatable defense that Judge Croy can't deny. We believe that Gene can't possibly lose but the real truth is that although Judge Croy is an outstandingly fair judge and treats Pro Se litigants with respect and dignity and gives them a fair hearing, rules on the merits of the case as it is presented by both parties Gene still could lose.

The reason is that instead of properly presenting his supposedly unbeatable defense then moving on to other arguments if need be he wants to argue that he wasn't properly served because they didn't personally hand him the summons but rather served another person who was not a member of the household but was just visiting. Gene might win on that one because the visitor was a famous private investigator and told the process server that he was just a visitor but the server would not believe him. Gene should forget his outrage about that and concentrate on his unbeatable defense.

Gene also wants to argue that they failed to validate the debt even though he demanded it and committed other violations but I've told him time and time again that Judge Croy won't listen to those kinds of arguments. I know. I've sat in his court room and watched him ignore those complaints several times. So Gene may or may not win depending on how he argues his case today. I'm almost willing to bet money he argues the wrong thing and loses and that's why I am going to go listen to the hearing today.

So if he loses today what is he to do? Just what I'm going to tell you to do. He has good proof that they have committed several violations of federal law and if he uses the proof he has and presents his federal case properly he will win and not only force them to vacate the judgment they got in local court but take the debt off his credit reports and pay him for his expenses, time and trouble
and damages as well. He should have done that as soon as they filed a case on him in local court instead of trying to come up with a bunch of arguments that are surefire losers.

Gene has kept careful records of all phone calls, has them recorded and his history all written up so he can take them to court. He used my 18 questions to ask debt collectors every time they call to rack up more violations and end up stopping them from harassing him on the phone. 18 questions He quickly reduced them to the point that they call him every few days, ask him his name and hang up immediately without saying another word. Each time they do that is another violation in his bag of ammo to use against them in federal court.

So that is what you need to do. Keep careful records, learn how to deal with debt collectors both on the phone and off and what are all the possible violations they might commit. Do nothing more until such time as they take you to court then file a federal case against the debt collector, prepare your defense using what you have learned and then once the case is over and you know whether you have won or lost sue both the plaintiff (if possible) and their lawyer in federal court. Turn the tables on them and make them pay you. It isn't hard to do.

So how would you like to get started learning right now for free? All you have to do is send me an email at with the words SUBSCRIBE ME in the subject line and I'll send you an invite to get my newsletter which will give you a big head start towards getting rid of your problems without hiring lawyers or filing bankruptcy.

Bill Bauer
405-684-9297
405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
__________________
Try this great new search engine! Get paid to search!
This Sigline updates constantly! Try it!
Creditwrench - The lethal weapon against debt collectors
ceo@creditwrench.com
Creditwrench Blog

(405) 684-9297- CALL ANYTIME
(405) 684-9297 FAX NUMBER
(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME

Amex wants to sue me.

2008-07-30T09:44:00.003-05:00

Amex GC Services
Question:

One of my Amex accounts was recently (7-28-08) turned over to GC Services. I had been trying to work this out with Amex, but it was not resolved in time, and sent to collections. I received a message to call them (GC) back. I did right away. After the gentleman found my account info he told my I was being sued for the amount due $22,000.00+. and I needed to come up with the money. He will call me back on Wen. the 30th for payment info.

My question is how do I reply? I don't have the money, and I did ask him if they would work with pay off arrangements, and he said they would not, and that I should barrow or ask friends or family for money. Can I ask for written proof? can they attach leins to my assets? This is very stessfull and do want to take care of the debt. What about debt relife/help companies?
Thanks you, David

Answer:

You want real debt relief? What do you think a debt relief company might be able to do for you? I don't know what you think a so called debt relief company might be able to do for you.

There are only two ways to get debt relief that I know of and you already said you can't pay the debt so that way is apparently out of the question.

The only other kind of debt relief I know anything about is where you learn how to make them forget about collecting anything and agree to it in a written contract, take it off your credit reports, pay you for your costs of getting the debt relief and your damages on top of that.
Now that is real debt relief as far as I am concerned.

I'm reasonably comfortable with the thought that such strong talk may raise eyebrows and cause great skepticism but let me refer to the words of an attorney at Nitzen & Associates of Michigan. Nitzen & Associates are debt collection attorneys. It is their job to collect debts by filing lawsuits on people who don't pay their debts. If that kind of attorneys write words like the following then what I am saying must be true.

Nitzen & Associates said:

Attorneys for Debt Buyers beware...they are on to us!

I love defending people against debt buyers because the Plaintiffs case is as strong as a house of cards in a hurricane. Debt buyers buy judgments, credit card charge offs and other sordid garbage debt for pennies on the dollar. Hell, there are even debt buyers that buy debt that has already been through a collection agency or two. Usually, when a debt buyer purchases his paper, he gets little more than the judgments or a spreadsheet showing the balances due. What does this mean for the consumer that is sued? Everything. The debtor buyer has no proof that the consumer owes anything other than some shmoe's word for it that the debt was owed in the first instance. Recently, someone got wise to the idea that an attorney who sues on this crap and does not have the goods to show that the debt is actually owed, may be violating the Fair Debt Collection Practices Act. I can't wait to share this case with you.

In Isom v Javitch Block and Rathbone ("Javitch"), the defendant is a law firm that had sued Ms. Isom in state court for a debt that was purchased by some company called Direct Merchants. Javitch attached an affidavit to its complaint that had been prepared by Direct Merchants. When Ms. Isom demanded discovery in the state court case, Javitch simply dismissed the case. Why? Because it did not have any proof to show that its client was entitled to any money from Ms. Isom. Now, its Ms. Isom's turn.

She sued Javitch in federal court and asked for class action status. She alleged that because Javitch had sued her without having any documentation to show that she owed the debt that Javitch had violated the Fair Debt Collection Practices Act. Ms. Isom alleged in her complaint that Javitch attached a false affidavit signed by Direct Merchants that said that Direct Merchants had personal knowledge of the balance due by Ms. Isom. The court held that because Ms. Isom alleged fraud her complaint against Javitch, that she has enough of a case to go to trial. The court denied Javitch's Motion to Dismiss Ms. Isom's claim.

In analyzing Ms. Isom's case, the court noted two lines of cases that dealt with the issue of whether a debt collector violates the FDCPA by suing a debtor without having substantial supporting documentation for its case. In Delawder v Platinum Financial, the U.S. District Court denied the Defendant's Motion to Dismiss. In Delawder, the Plaintiff alleged that the debt collector had committed fraud because the affidavit in support of its case misrepresented the amount of the debt or the debt collector's legal claim upon the debt.

The second line of cases involved Harvey v Great Seneca Financial in which the Plaintiff alleged that the filing of a suit to collect a consumer debt without the means of proving that debt was a violation of the FDCPA. The court in Harvey dismissed the action stating that Plaintiffs do not need to prove their cases at the time that the lawsuit is filed. However, in Harvey, the Plaintiff did not allege that the affidavit attached was false.

In Ms. Isom's case, she alleged that the affidavit that was attached to the complaint against her in state court was false. She alleged that there was no way that the Plaintiff had "personal knowledge" of her debt to the original creditor. The court found that Ms. Isom's case should proceed to trial on the issue of whether the Defendant's affidavit was false and if so, whether it violated sections 1692e and 1692f of the FDCPA; the Act's prohibitions against false or misleading representations and against unfair collection practices, respectively.

Javitch pled to the court that it should not be held responsible for an affidavit that its client had signed in support of the complaint. Judge Barrett would have no part of that argument. Javitch's attempt to side step the FDCPA bullet was foiled when Judge Barrett correctly pointed out that it was Javitch that signed the complaint and attached the affidavit in support of its complaint. Javitch, as a third party collector, has to take responsibility for its own actions.

ATTORNEYS FOR DEBT BUYERS BEWARE. Remember that you are responsible to verify that the debt and every part of the debt that you are collecting is legitimate. The days of suing debtors without having proper documentation and hoping for a default judgment is like playing Russian Roulette. You are bound to piss off some debtor who reads my blog and knows his rights. Now, you have to doubly (if there is such a word), that the affidavit that you are attaching to your complaint is accurate. The FDCPA makes you a guarantor of sorts that the affidavit is bona fide.

I have two students in federal court with exactly identical cases as the ones mentioned above and both will win easily. So how did I find out about this case? I have several of what are known as RSS feeds on my message board at http://consumers.creditwrench.com and they bring constant updates to the board from various blogs written by attorneys.
The RSS feeds automatically update every 12 hours bringing in any new information written by attorneys who write such things. Those feeds keep my readers up to date and finding information they need to win their cases against debt collectors.

That should prove beyond any shadow of a doubt that when I say something like I did I'm not just blowing smoke. People are doing exactly what I'm telling you that you can do all the time now. And most of them are learning how to do it without lawyers.

Now that is what I call debt relief. What do you call debt relief?

Debt Relief

2008-07-29T19:47:00.002-05:00

Debt relief

Amex GC Services
Question:
One of my Amex accounts was recently (7-28-08) turned over to GC Services. I had been trying to work this out with Amex, but it was not resolved in time, and sent to collections. I received a message to call them (GC) back. I did right away. After the gentleman found my account info he told my I was being sued for the amount due $22,000.00+. and I needed to come up with the money. He will call me back on Wen. the 30th for payment info. My question is how do I reply? I don't have the money, and I did ask him if they would work with pay off arrangements, and he said they would not, and that I should barrow or ask friends or family for money. Can I ask for written proof? can they attach leins to my assets? This is very stessfull and do want to take care of the debt. What about debt relife/help companies?
Thanks you, David

Answer:
You want real debt relief? What do you think a debt relief company might be able to do for you? I don't know what you think a so called debt relief company might be able to do for you.

There are only two ways to get debt relief that I know of and you already said you can't pay the debt so that way is apparently out of the question.

The only other kind of debt relief I know anything about is where you learn how to make them forget about collecting anything and agree to it in a written contract, take it off your credit reports, pay you for your costs of getting the debt relief and your damages on top of that.
Now that is real debt relief as far as I am concerned.

I'm reasonably comfortable with the thought that such strong talk may raise eyebrows and cause great skepticism but let me refer to the words of an attorney at Nitzen & Associates of Michigan. Nitzen & Associates are debt collection attorneys. It is their job to collect debts by filing lawsuits on people who don't pay their debts. If that kind of attorneys write words like the following then what I am saying must be true.

Nitzen & Associates said:

Attorneys for Debt Buyers beware...they are on to us!

I love defending people against debt buyers because the Plaintiffs case is as strong as a house of cards in a hurricane. Debt buyers buy judgments, credit card charge offs and other sordid garbage debt for pennies on the dollar. Hell, there are even debt buyers that buy debt that has already been through a collection agency or two. Usually, when a debt buyer purchases his paper, he gets little more than the judgments or a spreadsheet showing the balances due. What does this mean for the consumer that is sued? Everything. The debtor buyer has no proof that the consumer owes anything other than some shmoe's word for it that the debt was owed in the first instance. Recently, someone got wise to the idea that an attorney who sues on this crap and does not have the goods to show that the debt is actually owed, may be violating the Fair Debt Collection Practices Act. I can't wait to share this case with you.

In Isom v Javitch Block and Rathbone ("Javitch"), the defendant is a law firm that had sued Ms. Isom in state court for a debt that was purchased by some company called Direct Merchants. Javitch attached an affidavit to its complaint that had been prepared by Direct Merchants. When Ms. Isom demanded discovery in the state court case, Javitch simply dismissed the case. Why? Because it did not have any proof to show that its client was entitled to any money from Ms. Isom. Now, its Ms. Isom's turn.

She sued Javitch in federal court and asked for class action status. She alleged that because Javitch had sued her without having any documentation to show that she owed the debt that Javitch had violated the Fair Debt Collection Practices Act. Ms. Isom alleged in her complaint that Javitch attached a false affidavit signed by Direct Merchants that said that Direct Merchants had personal knowledge of the balance due by Ms. Isom. The court held that because Ms. Isom alleged fraud her complaint against Javitch, that she has enough of a case to go to trial. The court denied Javitch's Motion to Dismiss Ms. Isom's claim.

In analyzing Ms. Isom's case, the court noted two lines of cases that dealt with the issue of whether a debt collector violates the FDCPA by suing a debtor without having substantial supporting documentation for its case. In Delawder v Platinum Financial, the U.S. District Court denied the Defendant's Motion to Dismiss. In Delawder, the Plaintiff alleged that the debt collector had committed fraud because the affidavit in support of its case misrepresented the amount of the debt or the debt collector's legal claim upon the debt.

The second line of cases involved Harvey v Great Seneca Financial in which the Plaintiff alleged that the filing of a suit to collect a consumer debt without the means of proving that debt was a violation of the FDCPA. The court in Harvey dismissed the action stating that Plaintiffs do not need to prove their cases at the time that the lawsuit is filed. However, in Harvey, the Plaintiff did not allege that the affidavit attached was false.

In Ms. Isom's case, she alleged that the affidavit that was attached to the complaint against her in state court was false. She alleged that there was no way that the Plaintiff had "personal knowledge" of her debt to the original creditor. The court found that Ms. Isom's case should proceed to trial on the issue of whether the Defendant's affidavit was false and if so, whether it violated sections 1692e and 1692f of the FDCPA; the Act's prohibitions against false or misleading representations and against unfair collection practices, respectively.

Javitch pled to the court that it should not be held responsible for an affidavit that its client had signed in support of the complaint. Judge Barrett would have no part of that argument. Javitch's attempt to side step the FDCPA bullet was foiled when Judge Barrett correctly pointed out that it was Javitch that signed the complaint and attached the affidavit in support of its complaint. Javitch, as a third party collector, has to take responsibility for its own actions.

ATTORNEYS FOR DEBT BUYERS BEWARE. Remember that you are responsible to verify that the debt and every part of the debt that you are collecting is legitimate. The days of suing debtors without having proper documentation and hoping for a default judgment is like playing Russian Roulette. You are bound to piss off some debtor who reads my blog and knows his rights. Now, you have to doubly (if there is such a word), that the affidavit that you are attaching to your complaint is accurate. The FDCPA makes you a guarantor of sorts that the affidavit is bona fide.

I have two students in federal court with exactly identical cases as the ones mentioned above and both will win easily. So how did I find out about this case? I have several of what are known as RSS feeds on my message board at Creditwrench message forum and they bring constant updates to the board from various blogs written by attorneys.
The RSS feeds automatically update every 12 hours bringing in any new information written by attorneys who write such things. Those feeds keep my readers up to date and finding information they need to win their cases against debt collectors.

That should prove beyond any shadow of a doubt that when I say something like I did I'm not just blowing smoke. People are doing exactly what I'm telling you that you can do all the time now. And most of them are learning how to do it without lawyers.

Now that is what I call debt relief. What do you call debt relief?

Cease & Desist letters

2008-07-26T11:12:00.002-05:00

Cease and desist letters

Question:

Are there any risks or possible negative reactions from using cease and desist letters? We are in the process of trying to short sale 5 investment properties. We have realators and a negotiation company--no buyers as of yet. Five properties = 6 banks (one has a second) thus collection calls are more than daily.

Answer:

The risks of using cease & desist letters are real and very serious. Cease & desist letters of various types and advice about how to use them abound on various forums and web sites all over the internet. One very famous talk show host and supposed expert on credit repair who goes by the name of Bud Hibbs (which isn't his real name) tells people that they don't have to put up with collection agencies and that collection agencies can be run off by sending them a cease & desist letter.

I wish I had a dollar for every person I have had to help recover from the aftermath of Bud Hibbs and his supposedly great advice.

The risk one runs using such dangerous advice is that when a debt collector has received a cease & desist letter he has only one way left to communicate and that is through filing a lawsuit against the debtor. So it is an almost guaranteed invitation to get sued. The danger is so great that one should never use the words "cease & desist" in a letter to a debt collector. There are other ways to say the same thing without using that poisonous phrase.

On the other hand, cease & desist letters can be a useful tool in keeping debt collectors from contacting someone at their place of employment so long as one is careful about how the letter is worded so that it states that it applies only to one's place of employment and no other circumstance or situation.

They can also be useful tools in stopping debt collectors who are bothering relatives, neighbors, friends and acquaintances but the cease & desist letters must be sent by them and not by the debtor.

Another place where cease & desist letters can be useful is in the event a person is being hounded for a debt they honestly do not owe.
But that too can end up getting the sender sued because the debt collector honestly believes that he has the right person and that the debt is collectable.

so be very, very careful about what conditions are present before you even think of using cease & desist letters lest you end up getting served with a summons.

Bill Bauer
405-684-9297
405-227-9423

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http://www.shrinkmylink.com/hhlqson FDCPA EXPERT

www.creditwrench.com/howjudgmentswork.html

www.creditwrench.com/18questions.html

http://shrinkmylink.com/kmlqson

www.creditwrench.com/objections.html

www.creditwrench.com/howcreditwrenchworks.html

http://www.shrinkmylink.com/bnlqson List of community property states

How to answer a summons

http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3

http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.

http://shrinkmylink.com/xsjqson

http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.

http://tinyurl.com/3lqxaw

The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

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Debt collectors resorting

2008-07-22T10:27:00.002-05:00

collectors in a down economy are like yellow jackets in the fall

: While their sting is as painful as ever, they have a harder time getting fed and can easily become more frenetic and annoying. "People think this must be the boom time for the debt collection industry, but that is not the case," says Rozanne Andersen of ACA International, the collectors' trade group. "I wouldn't be surprised if our numbers drop." Despite consumer debt growing to unprecedented levels and delinquencies at their highest rates in 16 years, the collection industry was flat between 2005 and 2007, collecting roughly $40 billion a year.

In response, the collections industry is adapting with new strategies designed to wring cash from already-strapped consumers. Collectors are going to court more often. They're using new technologies, like offshore call centers, computer analysis and automated dialers to find debtors. They're claiming to be more open to partial payments plans than ever before. Unfortunately, some of the industry is also resorting back to the kinds of harassing behaviors that that got them into trouble with regulators and the courts in the past. Last week Minnesota Attorney General Lori Swanson sued a debt collection agency for using techniques she said were illegal. "I expect we'll be filing more lawsuits and there are other [states' attorneys general] who are saying the same thing," she told NEWSWEEK.

On a national level, one of every four calls received by the Federal Trade Commission receives is a complaint about debt collects. "The Commission receives more complaints about the debt collection industry than any other specific industry," the FTC recently reported to Congress. The most common grievances: collectors trying to recoup debts that consumers didn't actually owe, trying to collect more than was actually owed, and harassing or threatening behavior.

Here's a look at the new strategies collection agencies are employing, why they've got consumer advocates concerned, plus a list of consumer friendly resources to tap when collectors come calling.

From Algorithms to Zombies

New technology is playing a big part in the strategies employed by collections agents. More than a quarter of debt collection firms are using computer scoring systems--which barely existed ten years ago--to find debtors most likely to pay big, according to ACA International. "Collections companies are willing to invest more in these accounts because they will see a higher return," says Michael Banasiak, of PredictiveMetrics, a Tinton Falls, New Jersey, firm that gives letter grades of A through F to as many as five million individual consumer accounts every month for its debt collecting clients.

Debt collectors lying as usual

To develop those grades, his firm applies sophisticated algorithms to millions of pieces of data, including what type of debt is owed, how old the debt is, how big it is, when the account was opened, credit reports, bankruptcy filings and the socio-economic status of the debtor.

It's those latter data points that give some consumer advocates pause. "You might think they are targeting the people with the greatest wealth," says Robert Hobbs is of the National Consumer Law Center. "But the data shows that almost all of the people sued by debt collectors lived in low-income communities that were predominantly African American. It is like profiling." Banasiak says his firm doesn't include any data that could be used to be discriminatory.

Telephone technologies are a source of contention as well. Roughly half of collectors are using automated calling systems with recorded messages and that's a big problem, according to Hobb. If the calls don't disclose who the debt collector is and what the call is about, it could be considered deceptive, a view that Andersen concedes the courts have upheld. But if that information is left on a voice mail system that more than one person uses, it could be an unauthorized disclosure of the debt to a third party. Increasing numbers of calls to cell phones are troubling too, says Hobbs, because the call could put lower-income recipients in the position of having to pay for minutes spent taking calls from collectors.

Then there's "zombie debt"--old debts that may be too musty to collect on. "Some of this is 10 years old or more, and beyond the statute of limitations for collection," says Swanson. Yet she's seeing more consumer complaints about agencies dredging up debts that are so old they're difficult, if not impossible, to prove. Or have already been discharged in bankruptcy. Debt collecting agencies say that the oldest debts tend to be followed by debt purchasers, a slice of the industry that buys past-due accounts and then tries to collect them for themselves, instead of simply working on commissions or fees.

Debt collectors not human?

So Ms. Anderson of ACA admits that debt collectors are inhuman?
The Kinder, Gentler Approach?
The ACA's Andersen says her industry is trying hard to be clean so that regulators and lawmakers will trust it to become a self-regulating entity that polices its own members. Part of the ACA's charm offensive includes a new YouTube channel with videos aimed at humanizing collectors. With videos they hope to go viral, the trade group is also publicizing the fact that the $40-billion in debts it does collect is money that bill-paying consumers don't have to fork over in the form of higher prices.

Increasingly, collectors say they are making an effort to collect partial payments and negotiate easier repayment plans with consumers. According to industry watchers, that makes sense on many levels. "Financial institutions are recognizing that their customer base, even the delinquent ones, are the ones that they want to keep. These consumers will come around to financial health and will be good consumers again," says Rob Fite, an industry consultant with LexisNexis Risk & Information Analytics Group.

What To Do When Debt Collectors Call

Become a Creditwrench student of course

The Fair Debt Reporting Act, the Fair Debt Collection Practices Act, and a host of Federal and state rules govern what bill collectors can and can't say and do. The short version: They have to identify themselves and, if you request it, prove that the debt is indeed yours. For more information on your rights, go to:

FTC.gov --Here you'll find specifics on how to handle debt collectors from the agency tasked with regulating them.

But no real help at all. Just more balderdash. The FTC does not assist individual consumers. They are there to regulate thieving, lying inhuman debt collectors for the government and not to help consuers.

Privacyrights.org--A consumer friendly guide that explains debt collection practices.
Stopcollectionharassment.com--If you think you're being bothered about debt that's not yours and don't know how best to respond, check out this site's sample letters.
Askdoctordebt.com--The industry's own web site about its debt collection standards.
Creditwrench The only web site that really teaches you how to defend against these monsters.
© 2008

Pretrual motions

2008-07-22T08:52:00.002-05:00

No client at pretrial

Question:

I had my pretrial with midland funding today. in the pretrial notice "attorneys are required to bring their clients" midland didn't do that. i'm pro se. i asked to dismiss because they didn't appear. not granted. can i ask to dismiss again using rule 2.2 of the canton municpal court rules of practice? if not, is there any advice on beating these guys?

Answer:

Motion not granted? That's not surprising. That wasn't a valid reason to dismiss. I think you would have been better off with a subpoena. That might have been denied as well but I tend to think that would have been a more effective way to go about it. I don't know what rule 2.2 of the canton municipal court rules says so I can't comment on that.

Most motions to dismiss will fail even if they are proper and even if there is a valid reason to use them. Motion for summary judgment against the plaintiff might also have been a better way to go. At least they can be used in attempts to get the plaintiff to bring forth solid evidence against you instead of just prima facia evidence or statements of attorney and nobody else. Motion in Limine might also have been a better way to go. There are many different options and which one to use at what time is not only a matter of rules of procedure or rules of evidence but also a matter of judgment and what to do always depends on the immediate
problem that needs attention. There are no magic bullets that work every time.

Advice on beating these guys? Even if I were a lawyer which I'm not I couldn't give you any ideas without seeing the paperwork in the case.

I can't give you legal advice in any case because I'm not a lawyer. I just know how to make them cry a lot. If you want to chat about your problems just give me a call. I'm usually available and I don't charge anything to chat with people about their problems.

Bill Bauer
405-684-9297
405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

Lawyer Jokes?

2008-07-21T07:38:00.001-05:00

Tips & Tactics

Defeat Legal Sharks !

Ever wonder why there are so many lawyer jokes?

Here's a lawyer, eating his own client.

Head first, of course!

Don't let it happen to you!

Whether you're paying your own lawyer or fighting alone (pro se) against the other side's lawyer, don't trust the lawyers ... or the judge!

Why? Let's ask that first question again. Ever wonder why there are so many lawyer jokes?

Lawyers are trained to be devious. Lawyers are taught to hide evidence, twist facts, and use every dirty trick in the book to win for their clients. They are taught to believe, "If it's not strictly illegal, then it's fair game!" And, after all, judges are lawyers, too!

If you have your own lawyer, you dare not trust him or her to do the right thing! If you're fighting alone (pro se) you must know how to overcome the smoke-and-mirrors sneaky tricks the other side will try to play on you. Prepare for the obvious ... legal trickery!

Here is the good news! Crooked lawyers are easy to defeat, if you know what Jurisdictionary makes so easy and affordable to learn ... whether you're a defendant being sued or a plaintiff suing someone else!

You will quickly learn how to (1) draft effective pleadings that tell the court what you're going to prove, (2) compel the other side to reveal the facts you need to win, (3) subpoena reliable evidence from other sources, (4) make timely objections that put the judge on notice you're prepared to appeal, and (5) move the court with well-written memoranda that force the judge to enter orders that favor your cause.

With Jurisdictionary you can stop the lawyers' tricks!

Too many people trust their own lawyers too much. They pay huge legal fees, wait sometimes for years, then lose everything because their lawyer either (1) didn't do the easy things they could have done, (2) bailed out at the last minute before the case went to trial, or (3) were afraid to stand up to the judge and demand justice!

You have heard just such stories from others! We all have!

Even those who win often end up losing so much in time and legal fees they would have been better off representing themselves with the powerful legal education provided by our 2-day case-winning Jurisdictionary self-help for non-lawyers course!

If you are paying a lawyer, you have a right to an effective, zealous advocate ... but, as lawyer jokes prove, too often the lawyer you pay will either sell you out at the last minute or refuse to fight for you!

If you can't afford a lawyer, you must never assume the lawyer on the other side will play fair or that the judge can be trusted to "do the right thing". It just doesn't work that way in court. You must protect yourself by learning what our affordable 2-day case-winning Jurisdictionary self-help for non-lawyers course teaches!

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Collection agencies after me and I don't know what to do

2008-07-20T10:07:00.002-05:00

Multiple collection agency's. after me

I dont know what to do.

Question:
I defaulted 3 years ago when my company was going under. I defaulted on 3 cards in late 2005 (11k,6k,14k) ..now they are thousands more of course. They just keep flipping form agency to agency. Two have filed lawsuit. 1) never sued me 2) never showed up in court. Now my RD card reared its ugly Head. I'M on a nervous breakdown road to the crazy ward. My attorney offered one a settlement but he never got back and the court dismissed the case for inactivity.

IT seemed like if I verify the debt they get more aggressive because they have Located me, but if I avoid them they seem to lose interest and pass it on to another scum bag company..I cant file chapter 7 my wife makes to much money( all debt is in my name only), chapter 11 seems like a waste. One company settled for 18% percent , but these others want 50% or more. I dont have 20k.

My question is ...if I avoid sending verification letters is that a better route since they Have not in there mind located me? Or should I verify with them, this seems to speed the process up and I get court papers immediately?

My attorney says AVOID them...and dont respond , make them loose interest.

HELP! Please.

Thanks

Answer:

the attorney says avoid them and don't respond? My best advice to you is to pay that dumb lawyer whatever you might owe him and then forget that he even exists. That lawyer is far more dangerous to you than the debt collectors are.

Never miss a chance to demand validation and dispute the debt. If they call you on the phone demand validation and dispute the debt. If they tell you that you must demand validation in writing sue them. That's false and misleading information. If they continue to call after you demand validation that too is more grounds for lawsuit in federal court. Keep a careful record of their phone calls. See how to record your phone calls at http://www.creditwrench.com/howtorecordphonecalls.html and set yourself up to record so you have the evidence of what was said that you can use to make a transcript for the court from.

If their initial contact is a letter then send them a demand for validation and dispute the debt. If you demanded validation of the debt in a phone call and they send you a demand letter after that then that is continued collection activity.

The first time they call you and that is their initial contact with you then they must have a letter in your hands within 5 days outlining your right to demand validation. If they fail to do that a violation has occurred.

The list of possible violations just goes on and on and they just keep on violating, each violation just adds to your causes of action for a federal lawsuit. Keep careful track of them

Wait until 10 or 11 months have passed since the first violation and sue them in federal court. If they file a lawsuit against you then you will have an excellent opportunity to sue them again.

The lawyer is a 3rd party debt collector so the validation process begins right then and there. Now you can sue their lawyer for any violations too. The list of violations that can be committed by lawyers is at least equal to and often greater than that of collection agencies. Don't miss a great opportunity to get rid of the debt, make money and get a pristine credit report in the process.

Now do you see how dangerous that lawyer and his dumb advice is to you?

I have one student who passed through Oklahoma City on his way to another city. He and his wife stopped and had supper with us at a local restaurant. During the conversation I asked him how much money he had made as a result of his 6 or 7 lawsuits against debt collectors and creditors. After careful thought he replied that it was between $25,000 and $30,000. Of course, what he didn't also mention was that he got rid of all his debt and now has pristine credit as well. And he did it all as a result of having been one of my students. I have many other students who have done as well or better. Now do you understand how dangerous that lawyer and his dumb advice is to you?

If by some odd chance you doubt what I am saying I'll give you the actual federal case numbers and you can go look them up for yourself.
Of course, the amounts will not be available because all his cases were settled by the defendants in out of court settlements and many had non-disclosure statements in the written agreements.

I have lawyers as students. Most are divorce lawyers or corporate lawyers and don't know anything about consumer protection law and how to defend against a collection attempt. They overspend themselves and end up in trouble over credit card or other debt and come to me to learn how to beat up on those who are hounding them.

I have students who are government employees from variou agencies such as the FBI, CIA, and many others. Most if not all of the FBI students came from the San Francisco office. They are only clerical employees and not actual FBI field agents. I have students who are high ranking officers in various branches of the military. The reason those kinds of people come to me is that they must have good credit or they can be fired or kicked out of the military. They don't want to lose their jobs and their eventual pensions. Their backs are against the wall and they have to get something done about it.

There is no reason to fear debt collectors or what they can do to you. The only thing to fear is fear itself. So why not take the bull by the horns and learn how to deal with them quickly and effectively?
Many others are doing it and so can you.

Bill Bauer
405-684-9297
405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

How to record phone calls

2008-07-19T14:29:00.006-05:00

Question:

My wife and I have credit card debt of over 100k and have foreclosed on our home in NY. I recently took a job in VA and have moved there. I was unable to keep my house or pay any of the debt. I am not sure what the status of my house in NY is. My wife is disabled and I am the only one working. I tried to file chap 7 in NY but the case was dismissed for various reasons. Now i am getting calls from collection agencies and they are threatening to sue. what do i do?

Answer:

What can you do? First of all learn how to record their calls almost for free by checking out the web page at How to record phone calls

Start learning how to defend yourself in court without lawyers. I do realize that such advice may sound daunting and even frightening but let me assure you that it is very easy to do when you have an easy to follow step by step lesson plan and an instructor at your fingertips ready to teach you and correct your work. In only an hour or so you will learn how to construct a document correctly and will have created your own templates for the response you need to submit to the court, a template for your certificates of mailing that you will use over and over again and much more. It all goes very quickly.

You will have downloaded a free program called Open Office and installed that. You will find that Open Office has all the different
features that Microsoft Office has and they work much better. You will learn how to automatically insert page numbering at the bottom of your document and how to automatically insert line numbers for your documents. Those aren't necessary for most local courts but you might as well get used to them because they are important in federal courts.

Most documents will require line numbering but some such as your certificates of mailing won't use line numbers or page numbers and you will learn which ones do and which don't very quickly. You will also learn how to analyze documents such as affidavits and quickly know whether they are authentic or nothing but pettifoggery, obfuscation, skulldoggery and barefaced falsehoods.

You will quickly learn that this stuff isn't rocket science and anybody can do it. You will end up having a lot of fun beating up on those who have caused you all the grief and misery. So don't let you get bamboozled, downtrodden and beaten by fear and fancy lawyers or crooked judges whose only interest is beating you out of your hard earned money.

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
Get paid to search

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
Creditwrench newsletter by email.

FDCPA EXPERT
How judgments work
18 questions to ask debt collectors every time they call
Check this link
A game to teach how object in court
How creditwrench works
List of community property states
How to answer a summons
Here is a great link

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

Mike M tells about his experiences with creditwrench
Mike JM tells about Greentree Financial case.
This one is outstanding!
Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
Try this one!

How to set up your hard drive for creditwrench files. Makes them easy to find.
Set up your hard drive this way for your files
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

Judgments What can I do about it?

2008-07-19T06:14:00.001-05:00

judgement

QUESTION:
Hello, I have an old debt which I think the statute of limitations may have run out but I didn't know about the statute of limitations until now. I received a summons regarding this debt and may have received a judgement against me, Is the statute of limitations still in effect after receiving a judgement?

ANSWER:
No, you have to plead a statute of limitations defense at the hearing. You have to prepare it in advance and submit it to the court and to the plaintiff's attorney.

If they already have the judgment then your only recourse is to file a complaint against them in federal court for misrepresenting the legal status of the debt.

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
Get paid to search

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
Creditwrench newsletter by email.

FDCPA EXPERT
How judgments work
18 questions to ask debt collectors every time they call
Check this link
A game to teach how object in court
How creditwrench works
List of community property states
How to answer a summons
Here is a great link

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

Mike M tells about his experiences with creditwrench
Mike JM tells about Greentree Financial case.
This one is outstanding!
Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
Try this one!

How to set up your hard drive for creditwrench files. Makes them easy to find.
Set up your hard drive this way for your files
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

---------- FOLLOW-UP ----------

QUESTION:
Thank you Bill, It turns out that my court date is in September 2008, However I did not respond to the summons which I received in April. How can I find out for sure if my debt's SOL has expired. Also what do I do now since I did not respond to the summons, can I still use this in court. Thanks in advance. Erwin

Answer:
I can't really answer your questions here because they take personal investigation by you. The only way to get the answer to your first question is to go to the clerk of the court and ask them if you can respond or not. My guess is that it is far too late but with a September court date there is a reasonable chance that they might still allow a response. The only way to know is call the clerk of the court or go there and ask them.

As to your second question, if they let you respond now then yes, you would be able to use the SOL defense. If they won't allow a response you would have to file a federal lawsuit against the lawyer to get a the job done.

You are far better off in federal court than you are in local court because it is far less stressful. Most such cases as we contemplate never require your personal appearance in court. It is all a paper war
and the only time any personal contact is required is normally some phone conversations with the defendant's lawyers. They are usually very cordial. Some of them do try to act like they are in control of the situation and try to dictate the terms of the settlement. Usually all it takes to stop that attitude is to remind them that they are the defendants and defendants who are on the losing end do not get to dictate the terms or conditions of their punishments.

They usually attempt to demand a non disclosure clause in the final settlement because they don't want to suffer any adverse publicity because of their previous bad behavior. That is a rather silly demand in the first place because the facts of the case are easily available on line through the Pacer court system and are a matter of public record anyway. In most cases all it takes is to remind them that a non disclosure clause is patently silly because it is all a matter of public record.

So although the learning curve for federal court is a bit steeper than it is for local courts it isn't that bad. Just a few extra steps and that is all there is to it. As long as you have someone helping you who knows about those extra steps its no big deal.

So once you are served in local court and have responded you should easily be ready to take them to federal court and force a stop to the local action before it gets out of hand.

The most critical thing needed to win in federal court is a well prepared history of what has happened. Dates, times, places, copies of their letters to you with as much factual detail as possible without making a novel out of it. Just factual statements in your written history. Keep it as short and easy to read as possible.

That will become the foundation of your complaint in federal court and if you do it right your complaint will be easy to formulate.

An example might be as follows:

July 20th, 2008. Received 1st dunning letter from Smart Alec Collection agency which failed to include any Miranda notice as required by 15 U.S.C. 1601 et Seq. Section 809(4).

July 21, 2008

Called me at 10 A.M. and wanted me to pay the debt. I said I don't have the money right now and asked if they would take 6 payments. They agreed and wanted a series of post dated checks. I agreed to that and gave them my banking information and said I wanted the checks deposited on the 2nd of each month. They agreed.

July 30th, 2008

The first check hit my bank and caused me an overdraft fee. Violation of 15 U.S.C. 1601 et seq Section 808 (4) and may also have violated Section 808 (2)

And on and on and on for however many violations might have occurred.

With a history like that already written up it will be easy to write up your complaint when it comes time to file a case on them in federal court. Without that kind of history it can still be done but it will be more difficult to do and you will most likely miss several violations that could have been used against them.

When you have time you can also go to http://www.fdcpaexpert.com and look up the court cases that have been previously filed against debt collectors to make your case preparation even easier.

So don't let the thought of taking debt collectors and their lawyers to federal court frighten you. Once you have been guided through the process it is no big deal at all and you can end up with pristine credit, no outstanding debts and cash in you pocket.

What could be better than that? And all it takes to get you started is a phone call. You can make that call any time, evenings, Saturdays, Sundays and even holidays.