CREDITWRENCH
Creditwrench teaches how to defeat abusive debt collectors
Monday, August 18, 2008
Hear say evidence
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Lawsuit Self-Help ... Step-by-Step

Tips & Tactics

What is Hearsay Evidence? Win with Jurisdictionary!


You must understand what hearsay is if you want to win in court.


It isn't what you think it is.


In court, "hearsay" has a very technical meaning that you must understand completely ... so, please read on ... understanding that your weekly "Tips & Tactics" are brief introductions to topics we discuss. We're confident you find them easy-to-understand and that you'll want to order our equally easy-to-understand complete $219 step-by-step self-help course to get the rest of the story, so you and your lawyer (if you have one) can know what you must do to win your lawsuit.


Let's start with a simple Jurisdictionary definition of hearsay.


"An out-of-court statement offered to prove what it says."


When I was in law school my evidence professor spent days on this, trying to explain his amazingly complex definition. None of us in the class understood what he was talking about, because his definition was not "easy-to-understand". That was then. Now you and your friends have Jurisdictionary to help you understand all you need to win your lawsuit! Please read on.


Let's take the simple Jurisdictionary definition apart and see what its two separate components really mean.


Consider the first part of the definition.


What is an out-of-court statement? Well, it's just what it says, a statement made by someone somewhere other than "in court". Such statements may be made in writing, verbally, or painted in the sky with smoke trails from an airplane. If the statement is not made in court, it is an "out-of-court statement".


But, there's more! If a statement is made at a deposition where a certified court reporter is creating a transcript, it is considered as being made "in court". Both sides are invited to participate in depositions and ask questions, so neither side can complain they didn't have an opportunity to examine the deponent witness under oath. Courts treat deposition statements as being "in court".


The key point to latch onto here is that both sides have an equal opportunity to question the person making the statement under oath. A statement made by a witness at a deposition may in fact be hearsay, if the witness is testifying to what somone else said, but it is what the other person said that is hearsay ... the part that was said out-of-court by someone who could not be questioned under oath by both sides.


If the person who actually made the statement - the pilot in a sky writing airplane or the unknown author of some cryptic intra-office memo, for example - is not "in court" under oath and subject to be cross-examined, the statement is inadmissible hearsay (unless it falls into one of the exceptions explained in our complete 24-hour Jurisdictionary step-by-step self-help course you need to get).


Now for the interesting second part.


Is the statement offered to prove the truth of what it says?


If an out-of-court statement is not offered to prove what it says, it is not hearsay ... even though the statement is made out-of-court, is not under oath, and neither side has an opportunity to cross-examine. In order for a statement to be hearsay, it must be offered to prove the truth of what it says!


"She said she'd bake a cake after church next Easter Sunday." If a witness testifies her neighbor said this, and if the other side objects, you should make clear to the court that the statement is not hearsay. If the witness testifies to what her neighbor said she was going to do, then the out-of-court statement is only offered to prove what the neighbor said, not that what she said was true. If it isn't offered to prove the neighbor actually went to church or baked a cake, then it isn't hearsay ... even though it was an out-of-court statement.


Don't let the other side trick you!


We make lawsuits easy-to-understand.


Our 24-hour Jurisdictionary step-by-step self-help course goes into much more detail, making this all-important topic much clearer than we can explain in a single weekly newsletter.


You must fully understand hearsay and the hearsay exceptions if you want to win your lawsuit, so order our course today, if you don't already have it.


You do want to win, don't you?


Learn about hearsay, objections, evidence, pleadings, motions, and much more with our 24-hour step-by-step self-help course.


Order now before the price increase.


Know what you need to win your lawsuit.


It's easy with Jurisdictionary.


You're just 24 hours away from knowing how to win!


... Dr. Frederick D. Graves

... 22-Year Veteran Attorney

... www.Jurisdictionary.com

Learn effective lawsuit procedure in 24 hours.


Our affordable 4-CD self-help for non-lawyers course includes:



  • 5-hour video CD simplifies the litigation process

  • 2 audio CDs present tactics and procedures

  • 15 in-depth tutorials on 4th CD explain basics

  • Free laminated EasyGuide to Court Rules

  • Includes Shipping & Handling

  • On-Line Access while CDs are in the mail


Discover what thousands know: Jurisdictionary Works!


Save legal fees! Control judges! Defeat crooked lawyers!


www.Jurisdictionary.com

Ask anyone who has our course. "Jurisdictionary Works!"


Call Toll Free for details: 866-Law-Easy


Written at 9:09 AM by Creditwrench.
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Sunday, August 17, 2008
Medical bills

Medical bills credit rating


Question:


Hello, My question is that this time last year my credit score was 740 after
coming out of bankruptcy in 2002. I have worked hard to correct and build my
credit. However, I became ill last year and gained many medical bills I could
not pay and my credit card was maxed at 3500. I stopped paying on my card and
now I am over 180 days, I gained an "R9" on my credit report and all my medical
bills are now appearing on my credit file. I am much better now and able to
return to work, however, my credit is ruined and for a long time I understand.
My family says I need to do a settlement with the credit card company so the R9
will be removed in 7-10 years and interest will not continue. Is this right?
Also, the medical bills come to a total of 1200, and if I pay them off will they
be removed as soon as I pay them or how long does it stick? What is best, pay
them all or leave it? I was told that the damage is done, and the end result is
the same, if I pay it, it still stays for many years, if I dont pay it, it still
stays for the same amount of time. Is this right? I do not have money to waste,
and I want to build my credit back up given that I need to be able to get a loan
for a place to live since I now will be going through a divorce as well. Also, I
have fallen behind on my mortgage when my ARM changed, so yet another hit on my
credit. How can I speed up getting my credit score back up? I am at a 500 right
now.

Answer:
Well, as it is you are nearly a ruined bruin. You might be able to file bankruptcy again and shoot yourself in the other foot, you might be able to pay them all off and waste your money as others seem to have told you since it will stay on your credit for the full time allowed by law unless you waste a great deal of time and money trying to get it all off your credit report. Whether you do it yourself or hire some credit repair organization to do it for you statistics show that the results are about the same. So it would seem that no matter what you do it is going to take a huge amount of time, money and effort to get yourself back up to the 700 level and beyond.

Obviously you are likely to get sued multiple times and that will tank your score even more on top of leaving you even less money to work with.

So why not do it my way and get paid handsomely for doing it? My way is much more likely to succeed and may do it even more quickly than other methods.

My way teaches you how to legally turn the table on the debt collectors and make them do your credit repair for you and pay you instead.

Of course I can go into a long detailed explanation here but if you want to learn how to do it you will have to commit yourself to a program of study and research so you might as well get started now rather than later. You will be glad you did. I'll even teach you how to get paid for doing your homework. You will find out how to do that for free by following the links below.

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


RECOMMENDED READING
Subscribe to Creditwrench mailing list. It is free and very informative. .
http://www.shrinkmylink.com/iomqson
Creditwrench 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.

  1. FDCPA EXPERT
  2. Reverse phone number look up
  3. www.creditwrench.com/howjudgmentswork.html
  4. www.creditwrench.com/18questions.html
  5. http://shrinkmylink.com/kmlqson
  6. www.creditwrench.com/objections.html
  7. www.creditwrench.com/howcreditwrenchworks.html
  8. List of community property states
  9. How to answer a summons
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
  1. Mike JM tells about his experiences in federal court
  2. Mike JM tells about Greentree Financial case.
  3. http://shrinkmylink.com/xsjqson
  4. Mark in Rhode Island gets settlement offer
  5. Statute of Limitations for all states
  6. How to set up your hard drive for creditwrench files.
    Makes them easy to find.


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.
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Before you go, stop and think about this. Its all about fighting poverty. Although we may go through our daily routines without realinzed it, the number of homeless people is growing rapidly. While many of the homeless have drug or alchol problems many are simply people who are homeless because of mortgage foreclosures and other financially related problems. I have armed you with a great deal of information about how to deal with debt collectors who can easily beat you out of your hard earned cash and make you the next victim of poverty. Help fight poverty (yours) by keeping your cash in your pocket. Creditwrench teaches you how to do exactly that.

This post is part of Blog Action Day 08 - Poverty
Written at 6:37 AM by Creditwrench.
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Thursday, August 14, 2008
Summons for medical bill

Summon for Medical Bill


Question:


I live in Washington State and I have received a summons regarding a medical bill from Christmas 2007. I have asked the hospital and the collection agency repeatedly for a breakdown of the bill with no response.

In fact one of the people I spoke with at the collection agency hung up on my after I made my request. I know that I should send a letter of validation and a response to the the summons, however, I have never done this before and am completely confused as to how to start.

For the validation do I need to send that certified? Also, I have looked all over the Internet for the validation letter and have come up with letters that mostly sound like gibberish. And lastly, I have know idea how to file a response with the court, do you know of a link or a location where I can get this information? Thank you in advance for you help.

Answer:


You are absolutely correct in saying that the validation letters to be found all over the internet are little more than gibberish. Legal gobble-de-gook may be more like it however. They make all manner of demands of the recipient, few if any of which are approved in FDCPA. They usually make thinly veiled threats of legal action in the event the debt collector fails to comply. There is no need for that kind of nonsense. Debt collectors are supposed to be trained professionals and if that is not the case then so much the worse for them.

If I send a validation letter it is not sent for the purpose of teaching my adversary how smart I am but rather to learn how smart they are. And that is why my validation letters are not to be found on the internet. Only my students have access to them and the other letters I provide to my students.

You also ask whether or not I know of a link or a location where you can learn how to file a response with the court. Like validation letters, the web is practically overflowing with all manner of response, motions, pleadings and what have you and like validation letters most of them are little more than legal gobble-de-gook but on a far greater scale. Crazy ideas people come up that don't stand a chance of winning in court. An example is a lady here in Oklahoma who got the insane idea of filing a lawsuit naming all 760 judges within the State of Oklahoma for whatever. She was going home one evening and was stopped by the police who claimed that she was speeding. Then they found her prescription medications on the front seat and hauled her into jail for driving under the influence among other things. She is now serving a year in a county jail that is far below Oklahoma minimum standards for jails. Her attorney argued that because of her medical condition she ought to be sentenced to serve her sentence in home confinement. The judge would hear nothing of that and stated on the record that he didn't understand how she could expect to be sentenced to home confinement after having sued all 760 Oklahoma judges. That's what you get for cooking up such looney schemes and the internet abounds with them.

And that is why I teach my students on an individual basis, step by step so they learn how to do it the right way. I work with them by phone, email, and online collaboration so they can actually see my computer screen as I go through some of the more difficult aspects if that is needed. As a result of my years of teaching experience I know what is the most likely to work and what is legal mumbo-jumbo.

Most people lose in local courts no matter how well they are prepared nor how meritorious their arguments and my students are no exception. The reason that is so is that the only question before the court is whether or not the defendant owes the money and the judges are already convinced that they probably do or otherwise the plaintiff wouldn't be complaining. So the number of possible winning arguments are few and far between.

The only viable way to gain the upper hand in the final analysis is to be well enough educated in FDCPA, FCRA and other consumer protection law to be able to know when the law has been violated by the plaintiff and his attorney and sue them in federal court. My students learn how to do that too. In the process we all learn from each other and win in federal court where the only question before the court is, as usual, whether or not the defendant debt collector or lawyer broke the law. Nothing else matters and if the student has his proof that they did the student plaintiff always wins.

But none of them ever see the inside of a federal court room because the litigation is all carried out by mail and by Pacer on the internet. Pacer is the U.S. Court system's registry of cases and all papers are filed through Pacer. The judges are all very sympathetic to Pro Se litigants and offer all the help they can without giving legal advice to the plaintiff which they are not allowed to do.

Once the defendants are convinced that they cannot hope to win they will always want to settle rather than go to trial before a judge and jury of 12. Federal courts expect and demand that the litigants try to settle their differences out of court and it is definitely in the best interests of both parties to do so because statistics plainly show that both parties fare better by reaching an agreement rather than taking it to a full blown trial.

So what I teach is solidly grounded and is not some patriot nut job case of making claims that simply cannot be backed up with fact.

If you would like to learn more I suggest that you visit

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

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!
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FDCPA lawsuit
hospital
debt collector
validation
dispute


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Written at 3:46 PM by Creditwrench.
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Wednesday, August 13, 2008
Capital One sued my father

sued by capital one


Question:


My father opened up a credit card back in nov of 2004 in Pennsylvania, I was placed on the card as a authorized user, . I made several paymentS, last one being back in 3/06, a sherriff showed up at my fathers house with a warrant for non payment of the card, he hasnt recieved any letters in the mail before now from capital one... could have been that the bills used to come to my old address and not his? can he really go to jail for non-payment... .. I dont want him to go to jail....we both have been under financial distress over the last 3 years, and it is on both of our credit reports.. please tell me what we can do..I now live in another state.. I will take full responsibilty for the card if I need to..please help me !!! I dont what to do..

Answer:


No, your father won't go to jail over this. So how do you think your father would like to be able to go to court and win the case, pay nothing and then take the lawyer to federal court and make him pay the bill for you plus maybe put some real money in his pocket to boot?

I can teach him how to do that and I have actual court cases to back up what I am saying. Actual court cases where people did exactly what I am telling you I can teach your father how to do.

One little catch is that he must have a computer and know how to use it at least fairly well or he must know someone who can help him out.

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

RECOMMENDED READING
Subscribe to Creditwrench mailing list. It is free and very informative. .
http://www.shrinkmylink.com/iomqson
Creditwrench 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

Creditwrench RSS feed

sheriff
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Written at 10:49 PM by Creditwrench.
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Sunday, August 10, 2008
Object in court! Learn why you must do that.



















Lawsuit Self-Help ... Step-by-Step

Tips & Tactics

Why You Must Object in Court ! Win with Jurisdictionary!


Lawsuits are nothing like a hockey game where a player's objections have no effect on the referee. In hockey, if a player has a beef, he can complain to the referee until he's benched, and that'll be the end of it.


In court you must object ... or lose!


"Objection!" stops the proceedings until the judge rules.


"Objection!" calls foul on the other side ... and sometimes calls foul on the judge! Failure to object lets fouls go unnoticed - then you can expect two (2) bad things to happen:



  1. You will not be allowed to complain later to an appellate court about the errors that caused you to lose, and

  2. The judge will know you cannot win on appeal, so he will do as he wishes, knowing his ruling cannot be reversed.


When you fight in court, the other side will play every dirty trick in the book to win. Lawyers are trained to push the limits. Many will intentionally break the rules to get what they want. You must be on your toes at all times. Anticipate the other side will break the rules. Many times the judge will break the rules. Damaging evidence will come in to hurt your case. Rules of procedure will be violated. Bias and perjury will be allowed.


If you don't know how to object, you will surely lose!


Don't count on the judge to interfere! If you don't object, the errors will be allowed ... and they will work against you all the way!


Either object when the error is made, or you lose your right to complain later. It's your job to toss a red flag when your opponent commits a foul. You must know when, why, and how to object.


If you don't know when, why, and how to object, you will lose!


You want to win, don't you?


Learn about objections, evidence, pleadings, motions, and more with our 24-hour step-by-step self-help for non-lawyers course.


Order now and start learning what you need to win your lawsuit.


It's easy with Jurisdictionary.


You're just 24 hours away from knowing how to win!


... Dr. Frederick D. Graves

... 22-Year Veteran Attorney

... www.Jurisdictionary.com

Learn effective lawsuit procedure in 24 hours!


Our affordable 4-CD self-help for non-lawyers course includes:



  • 5-hour video CD simplifies the litigation process

  • 2 audio CDs present tactics and procedures

  • 15 in-depth tutorials on 4th CD explain basics

  • Free laminated EasyGuide to Court Rules

  • Includes Shipping & Handling

  • On-Line Access while CDs are in the mail


Discover what thousands know: Jurisdictionary Works!


Save legal fees! Control judges! Defeat crooked lawyers!


www.Jurisdictionary.com

Ask anyone who has our course. "Jurisdictionary Works!"


Call Toll Free for details: 866-Law-Easy

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Written at 11:20 AM by Creditwrench.
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Friday, August 08, 2008
auto repossession
Question: Our auto was repossessed and sold at auction. The finance company lists the debt as charge off on our credit report. A collection agency has bought the debt and is threatening to put a lien on our home. Can they do that? We cannot afford to pay this debt.

Answer: Can they put a lien on your home? Yes, they can do that. You cannot afford to pay the debt? Don't feel bad, Nobody can afford that kind of debt no matter how much money you make. You not only have to pay off the old debt but have to buy different transportation as well. Often the "new" vehicle uses more gas and needs repairs much more frequently.
That's because people simply don't know how to buy a used vehicle. If I buy a used vehicle the first thing I'm going to look at is the speedometer and then the year the vehicle was manufactured. Not the model year but the year and month the vehicle was manufactured. If I were looking at a vehicle manufactured in 2000 then I would want it to have not much more than 80,000. I think in terms of how many times the car has been around the world which is 25,000 miles. A car having 100,000 miles has been around the world 4 times. I don't want a 4 year old vehicle that has been around the world 4 times. Normally I don't want a car that has more than 50,000 on it max because most finance companies won't loan on vehicles that have more than 50,000 on them. Vehicles having more than 50,000 start costing money for repairs and as time goes on repairs can become very costly causing you to miss payments which they don't want to happen anymore than you do.

But the point is that you can't afford to pay for 2 vehicles if you couldn't pay for one. You lost a lot of money when you lost that car and now they can force you to pay a lot more unless you learn how to deal with the situation. That isn't hard to do.

A collection agency has bought the debt. If they like your debt so well they wouldn't be likely to want to lose their small investment would they? Well then, just let them keep it if they want it so bad!!!
I'm sure they need it worse than you do anyway, right?

In order to make them keep it you have quite a bit to learn. Not only must you know quite a bit about FDCPA, FCRA but maybe TILA as well.
You will have to learn how to respond to court summons properly because they will sue you if you don't pay them. They will always violate the law several times in their efforts to collect from you so you will need to sue them in federal court for those violations and that is when they will get religion real quick. They will come to the realization that they really wanted to keep the debt on their books rather than mess with you! That is because you kept careful records of every phone call, recorded every call and kept it on your hard drive and maybe on a jump drive as well, kept every letter, demanded validation in time and used my 18 questions to keep them from harassing you on the phone.

The reason you might need to learn about TILA (Truth In Lending) is that you may not have been given full disclosure of all the terms and conditions when the dealer sold you the car. I'm sure you have both audio and video records of everything that went on at the time of the sale, don't you? I have them for the car I'm driving now. Nobody at the dealership realized that I had a digital voice recorder in my shirt pocket and a tiny video camera only 3 inches long and 3/4 inch wide was taking a color video with audio of everything that transpired. it is black and I was wearing a black T-Shirt. Nobody ever notices that little camera or recognizes it for what it is. I can prove beyond a shadow of a doubt that they never disclosed any of the terms and conditions of the contract. All they ever did was say "Sign here","Sign here","Sign here","Sign here" I can sue them in federal court at any time up to two years and they wouldn't have a leg to stand on.

That's the kind of thing we should all be doing but almost nobody does, keeping careful audio and video records of everything we do in the business world.

In the end, the only way you are going to win and get rid of this debt you can't afford is to catch them in their violations of law and sue them in federal court. If you do that they will quickly be wanting to know what it is going to cost them to make you go away.

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.
__________________
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Written at 11:30 AM by Creditwrench.
links to this post
Wednesday, August 06, 2008
Collections

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


Written at 8:44 PM by Creditwrench.
links to this post
Monday, August 04, 2008
Facts not in evidence



















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Written at 12:49 PM by Creditwrench.
links to this post
Friday, August 01, 2008
Out of state judgment

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.





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.






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.






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.




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.




---------- 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.



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.



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


Written at 9:28 PM by Creditwrench.
links to this post
Thursday, July 31, 2008
Do I just default on my creditors?

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




Written at 5:53 AM by Creditwrench.
links to this post
Wednesday, July 30, 2008
Amex wants to sue me.
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?

Bill Bauer
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Written at 9:44 AM by Creditwrench.
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Tuesday, July 29, 2008
Debt Relief

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