CREDITWRENCH

2009-11-19T07:52:00.002-06:00

	Marie
	Collections Law
	Yes
	Sued by Original Creditor-I think
	Hello Creditwrench! I was checking my local clerk of courts site looking into a erroneous tax sale against our property (predates purchase and was missed by title company..I got it voided). Anyway, I saw that I am being sued on a Discover Card account that I had submitted to a debt settlement agency in February this year. Yes, I know..now...bad idea: It cost me nearly $4,000 for them to "help" me with our credit cards...a.k.a do nothing, and now I am being sued so the money would sure be handy to have toward settling (it was my hubby's idea and I could not talk him out of it). The suit was filed 10/28 by a somewhat local attorney that I have never heard of and sent to the sheriff for service on 11/02; I have not been served as yet. I received no communication of any kind from this attorney prior to their filing the suit so had no opportunity to ask for debt validation (15 USC 1692g section 809 (d) says that legal pleadings are not to be treated as an initial communication-so should I still have the right to validate?). I plan on going pro se and am looking for some help in preparing my answer and paperwork after I finally get served: I will only have 15 days to answer after I get the papers. I have obtained a copy of the local court rules to familiarize myself with the "do's" and "do not's". I know that I will have to answer the claims made by the plaintiff's attorney as either affirm, deny, or lack the knowledge or information sufficient to form a belief as to the truth of the allegation. I also understand that I must provide a copy to the plaintiff's attorney and the original plus a certificate of service to the clerk of court. I have read elsewhere that I should file a affidavit of exemptions claimed and possibly a notice of appearance? Where I get confused is affirmative defenses, discovery, and interrogatories. I know that throwing out too many affirmative defenses that aren't completely relevant can irritate the judge and make him see my side as frivolous (grasping at straws). I have been reading as much case law from this state as possible. Louisiana justices have been giving some credence to credit card contracts being contracts of adhesion, and unfair and deceptive trade practices. I want the attorney to disclose if this is truly an assignment or if they have purchased the debt; if it was purchased how much was paid; how the current balance was calculated including all fees and interest; provide the original contract and all subsequent addendums or updates; that payments in excess of the minimum were applied in accordance with FDIC rules 12 CFR 227.23 and 227.25; that I was provided "clear and conspicuous written notice of all amendments to the card agreement 15 days prior to the change and election to opt-out" as per Delaware Code Title 5, Chapter 22, SubChapter 11 section 224(b)(1), and a few other things that I have dug up. Am I way off base here and they will just laugh at me then throw a piano on my head ala roadrunner and willey coyote? Some other relevant information....The card is within the SOL and I do owe the principal, but they are asking for nearly 2x the balance from February. I am self employed and my only income (very small) is from a multi-member LLC (have been ill and can only work about 3-5 hours a day lately). Since this is a community property state, we set my husband, who is also self employed, up with his own multi-member LLC (I intervened in his operating agreement and held that his interest in the company and all profits or payments were his separate property as well as all capital used to start the company-all are notarized and filed per Louisiana laws): His income is in the form of a guaranteed payment as manager of the LLC. The only assets we have that are not exempt under Louisiana law is one car, and two older motorcycles; all of which are for sale locally for fair market value. We have no cash assets to speak of...most have been used to pay my doctors... and I know that judgements last 10 years and may be renewed for an additional 10 before the first term expires. So, that is our pickle. I have been reading your answers to folks on here for some time and always found you to be very helpful, so though...what the heck, I'll ask. Thanks in advance for any assistance you may be able to offer.
	click here to enlarge You certainly are far more knowledgeable than most. Your first question is whether or not you can demand validation since (15 USC 1692g section 809 (d) says that legal pleadings are not to be treated as an initial communication. So to reach a plausible answer that question we have to understand what legal pleadings are. If we look for the definition of legal pleadings we find that almost all if not all documents including the complaint are considered to be legal pleadings. So how do we get around that section and still have grounds upon which we can logically demand validation and to do that we need to determine what an initial communication is. We can easily arrive at the conclusion that the pleadings are not their initial communication with you in any case. In order to conclude that the pleadings are not their initial communication we have to analyze the sequence of events that occur during the service of summons. The process server comes to your door papers in hand and the first thing they do is hand you the summons and possibly explain a bit about the summons and what it requires of you. Once that has been done he hands you the papers with the summons on top and therefore the summons is their initial communication with the consumer and not the complaint. You get to read the complaint after the process server leaves. So the complaint becomes the second communication with you for all practical purposes. A summons is not a legal pleading therefore I think that you can demand validation and I have my students send demand for validation to the plaintiff's attorney at the same time they send their response to the plaintiff's attorney. I believe that any action on the part of the attorney after that point becomes illegal continued collection activity unless they provide a full and complete accounting of the debt prior to doing anything else including providing their response to demand for admissions which I also have my students send along with their response. So far we have not had any reason to take that concept to federal court but the time will come when we must present the question to a federal judge. At that time we will have the answer to the question of whether or not a summons can be considered the initial contact with the consumer if no other communication have preceded the service of summons and whether or not they must then provide full and complete documentation before doing anything else including responding to discovery demands. You must understand that I am not an attorney so can't give you a legal opinion on that matter. We will just have to wait until someone takes that issue to a federal court for determination. In the meantime, what can it hurt to send demand for validation at the same time you send your response? Next you talk about affirmative defenses. I greatly dislike the use of affirmative defenses because an affirmative defense requires an assertion of facts beyond those claimed by the plaintiff, generally the party making an affirmative defense bears the burden of proof. While an unwaivable affirmative defense is subject matter jurisdiction that too must be proven by the defendant once raised and that can be very difficult to do. On the other hand, an affirmative defense is different from a negating defense. A negating defense is one which tends to negate one or more or all of the essential element of the plaintiff's case therefore I think a negating defense is far better than an affirmative defense. I always have my students use a negating defense. Attorneys hate it when we do that and often object by claiming that the defendant raised no defense at all therefore they should be granted a default judgment. I've never seen a judge allow that argument yet but I have seen attorneys become extremely upset when the judge rules against them on that point. In fact, I went to court with a friend who used a negating defense and the lady lawyer tried to argue that a default should be granted because the defendant had not filed a proper response to their complaint and she became very upset when the judge ruled against her. She became so upset that it was very funny and I made a comic video about it which I put on youtube and other video sites as well as on my www.creditwrench.tv web site. I would very definitely recommend that you use a totally negating defense instead of an affirmative defense. I do think that many of the questions you are planning to ask will get you nowhere at all. They will simply claim attorney -client priviledge or any other excuse they can dream up to avoid response to those questions and you will have wasted valuable quota that could have been put to better use. You can almost bet that you will lose in local court no matter how you respond or what else you do. You can also count on the fact that they will learn about your corporations and will move to pierce the corporate veil and will have no trouble doing so. They will go after your corporations as well so they are of little value for hiding assets as well. It is obvious that you are thinking in conventional ways, well inside the box and if you want to win you will have to start thinking outside the box and get agressive instead of being passive. The defense very seldom wins. If it were me I'd hand that attorney his walking papers in the form of a well prepared federal case against him if he does anything wrong at all. That's the way to win.

Response to interrogatories

2009-11-18T23:08:00.002-06:00

:	Carolyn
	Collections Law
	No
	Response to Interrogatories
	I got a summons on a debt I owe to the Bank of America for approximately $10,000 in September of this year. The loan was sold to Midland Funding and a local law firm here in the Washington DC area was suing on their behalf. I answered the summons, within the allotted time frame, by saying that that the Defendant is without knowledge or information sufficient to admit or deny the allegation contained in the complaint. The law firm has now sent me a certificate regarding discovery whereby they indicate that I had a revolving loan account with Bank of America and that it was sold to Midland. No mentioned is made of the fact that the last payment on this loan was made well past the 3 year statute of limitations in Washington DC. They also sent a request for interrogatories where they asked all kind of information regarding whether I made debt and How should I answer them since my position is that I had the account and made the purchases but that the statue of limitations has been reached for the debt? I am pretty sure that I have not paid on this loan since 2004. Do I have to prove this or do they have to prove that I made payment since then? Thanks for any assistance.
	click here to enlarge You need to be able to prove when you made your last payment to the creditor,Add 30 days to that and you have the start of the statute of limitations. It runs until they filed the lawsuit against you. Your problem now is not only that you have to prove your argument. If you had been a creditwrench student you would have known to send them your demand for admissions at the same time you sent your response thereby immediately putting them behind the curve instead of the way it is now. You definitely need to send your own demand for admissions and make them tell you when you made your last payment to the creditor among other things. I have a somewhat similar situation going on right now. On Monday, November 9th, Allied Acceptance called me and informed me that I owe a credit card debt and that I made my last payment in 2001 and wanted to know if I wanted to take care of it now. Statute of limitations in Oklahoma is 5 years. Needless to say I didn't want to take care of it or at least in the way the lady had in mind. Of course I was recording the call. I told her that I wanted them to send me a demand letter which she agreed to do. She wanted to know if the address she had was correct and I told her it wasn't and gave her my current address. So from that point on they had 5 days within which they must have had their demand letter in my hands since that was their initial contact with me. They called the next day too but I couldn't take the call at that time. Then she called again today. Of course I was recording and we went back and forth a bit and then I told her that I dispute the debt and demand that they validate the debt. "What are you disputing?", she asked. "All of it", I replied. Then she wanted to know how come I thought I could just say I don't owe the debt and get away with that. (LOL) Needless to say, I didn't tell her the real reason I can get away with doing that. I want to lead them on. You see, since I said I disputed the debt and demanded validation every call they make is illegal continued collection activity. A federal offense. When and if their letter comes I'll dispute the debt and demand validation all over again. I am thinking it might be a while more before I get that letter and of course I also hope they forget to put the Miranda warning on it and maybe make a few other mistakes. There are other ways they can violate and I'll make sure they do. I'll even beg them to sue me and I sincerely hope they do because as soon as I hear from some attorney about this I'll sue them in federal court and start in on the lawyer, building him/her up to a federal lawsuit. I'll sue the lawyer and the debt collector all over again. Of course, I'm watching my record down at the clerk of the court online so they don't pull a fast one there. I want to catch them filing a lawsuit on me and get my response in to the court the same day they file or the next at the latest. I'll have my response in and I'll have my demand for validation and my admissions in the mail to them so fast they won't know what hit them. You see, if it is out of statute as they said it was then they have violated federal law by even filing the lawsuit out of stat. Now that is the way I teach people how to deal with these kinds of problems. That lawyer has probably already violate your civil rights too and you can learn how to treat them the same way I would. It isn't hard to do. Just takes some learning. That's all.

Winning strategies to defeat judgments

2009-11-17T08:49:00.001-06:00

	Lisa
:	Collections Law

	3 year old debt
:	Hi, when I was 19-20 years old, I opened a credit card with Chase Bank and maxed it out (I know, dumb move)...I had a child when I was very young with a guy that was much older than me...blah blah...so this made me rebel a little. Anyway, I got a few bills in the mail for this card, but never paid them because I didn't have a job at the time. I then got a job that paid really really good under the table, but the guy I was with wanted me to give it all to him so that the other bills could get paid. I am now stuck with this debt of almost $1,400. I was taking a shower the other day when the sheriff brought me a civil summons for this debt. The person suing me is First Resolution Investment Corp. Is this real? It doesn't show a court date anywhere on the paper. It just says "unless a written defense is made by you or an attorney in your behalf within 20 days following the day this paper is delivered to you, judgment by default may be taken against you for the relief demanded in the attached complaint". I have no idea what to do here. I've heard lots of bad things about First Resolution Investment Corp. I am now in college, taking care of my two young children, and I do not have a job at the moment, but I am actively searching for one. Thanks for your help, Lisa
:	click here to enlarge Sorry to hear of your problems. I'm sure you really didn't need this one added on to the rest of them you have however you will have to deal with it one way or another. It really sucks to be in a situation where you don't have enough funds to take care of all the problems that come your way. Being poor is far more expensive than being rich. Lack of knowledge is even more expensive. Put the two together and you really know what trouble is. Regardless of your circumstances you have to meet this one somehow because if you don't they will get the default judgment and then they can go for garnishment of any assets you may have including freezing all the money they can find in any bank account. If that happens you will go out to buy groceries or pay rent or whatever and find you have no funds. Checks will bounce, your debit cards will be declined and all of that will cost even more. Then the bank will charge you a hefty fee for responding to the garnishment. That often runs anywhere from $100 to maybe as much as $200. If you don't pay that and the bounced check charges they will close your account, report you to Checksystems and other reporting agencies and send you off to another debt collector who will eventually try to sue you for that. More misery heaped on top of what you already have. Then when you get a job they can garnish up to 25% of that. There are even more things they can do to you such as taking your car in some states. So you can expect a great deal of abuse if you don't learn how to deal with it now and do so within the 20 days. You won't even be able to find an attorney to help you deal with it because you haven't enough money to pay them and they really couldn't help you even if you did. The problem is that when you get to court the only question before the court is whether or not you owe the money and of course you do. The judge knows that because if you didn't owe the money the plaintiff would not be there complaining. You know you owe the money but if you admit that you are sunk for sure so the trick is to never admit that you owe the money and try to force them to prove that you do. If that don't work then you have to find some other way to force them to go away empty handed and leave you alone. It is possible to do that and even make them pay you to go away and leave them alone instead of you paying them anything. Yes, I know that sounds impossible but it just so happens that many of the things that lawyers either do or don't do can subject them to federal lawsuits which they can't possibly win and that is just about the only way to get the upper hand in these types of situations. Getting grounds to sue the lawyer and his client is very easy to do. If they provide you with any kind of false and misleading information either in or out of court you have grounds to sue them in federal court and maybe in state court as well. And that is just for starters. You just have to know or learn how they can violate federal or state laws and be willing to go after them for their violations just as they are coming after you for your failure to pay what you owe. But for right now what you have to worry about is how to respond to their complaint in the proper way. In order to give you a good general idea of what you will need, I will outline it for you. First you will want to prepare a response to the complaint which denies all their allegations. Then you will need a certificate of mailing. You will want them to admit certain facts you can use in your defense so you will want to prepare a list of admissions. If the summons was the first communication the lawyer ever had with you then you will want to prepare a good dispute and demand for validation letter to send to the plaintiff's attorney as well. You will need at least two copies of each document. You will want to have a large brown envelope with you and have your certified mail return receipt green card all made out and attached to the envelope. Once you have prepared all of those you will want to take your response (two copies) to the clerk of the court who will stamp both copies and return one to you. Put that copy in your brown envelope and seal it and go to the post office and send all of the documents to the plaintiff's attorney. If the summons was your first communication with the attorney then they cannot move forward with the case until they have provided you with the required documentation. They must respond to your demand for validation within the time limit allowed by the Rules of Civil procedure for them to respond to your demand for admissions. If they fail to do that and respond to your demand for admissions before they provide you with the required documentation you demanded then they have violated by engaging in illegal continued collection activity and if they wait on their response too long then you can move to have your demand for admissions deemed admitted by the court and they lost that way. They must comply with both laws or they are in deep trouble and you can win. There are many other ways they can violate and if you know how to do it you can be certain of getting a clean kill once you get them to federal court. They always violate one way or the other. Maybe that's why they only claim to be practicing law. If they really were the professionals they would like people to believe they are then they would not commit the glaring errors that they do and would never have to worry about getting sued in federal court. Need some help learning how to do all that and much more? Just use the image and learn how to do it.

I paid NCO and look what happened to me.

2009-10-18T07:20:00.002-05:00

Creditwrench

Quote:

Originally Posted by mbjacobs

Hey everyone,
It seems like there are a lot of people on here with a lot of
experience. I have never had anything like this happen to me, but I was
hoping someone might have some advice.

I'm 26 years old. About a year ago, I signed up for monthly credit
monitoring with freecreditreport.com. I was watching my credit slowly
rise from great to phenomenal, finally hitting its peak last month at
761. I have never missed paying a bill on time, usually have less than
15% of my available credit used and have a bunch of accounts
(utilities, credit cards, an unsecured loan) I keep in perfect standing.

Until a few months ago, I was living in New Orleans. I went to the
emergency room one night, resulting in numerous bills. I was under the
impression that I had paid off every single one of them, and moved to
New York thinking I was all up to date.

I was checking in on my credit last week as I do once monthly and saw
to my horror that my credit had dropped from 761 to 654. It turns out
that NCO Financial had hit me with a creditor alert (see bottom of
message) saying that I had an unpaid debt of $87.32 from a medical bill
from the ER. I never received this bill, at least before I moved (which
was months after I had originally went to the emergency room). The ER
billing department had never contacted me by phone and neither had NCO
when they flagged me.

Naturally, as soon as I saw this, I freaked out and called NCO. They
told me that they have an absolute, 100% "no
deletions" policy, even though I never received a bill for it.
Now that I'm looking through everyone's advice, I can see I did what I
should not have done - I immediately paid the bill on the spot to NCO
thinking that was the best thing I could do. NCO told me to call
Experian but Experian told me that it was completely up to NCO. I filed
a dispute online, but was told that there was no change in my status!

So, am I completely screwed because I have already paid NCO? Do I have no grounds for further dispute? Who should I talk to?

I feel completely powerless. I have never not paid a debt I've known
about in my life and had my perfect name destroyed (98th percentile to
31st percentile) in one day because of a bill I had never heard of in
my entire life. Within ten minutes of hearing about the bill (from
their first contact with me, which was by flagging my credit report), I
had it paid in full to NCO!

Does anyone have any advice at all? Do I have any grounds to defend
myself? Who should I talk to? In the worst case scenario, how long will
it take me to begin making a recovery from this? How can I have paid
probably $100,000 in bills, rent, taxes and loans in perfect standing
for my entire life, and be destroyed by ONE single bill, whether I
missed payment legitimately (which I did), or illegitimately.

Thank you for any advice, and sorry to write such a long thing. I don't know who to talk to.

Below is the credit flag I got:

NCO FIN/55Potentially Negative Closed

877-433-9990

Mailing Address:PO BOX 13570PHILADELPHIA, PA 19101More Account Details

Account Name NCO FIN/55

Account # XXXXXXXX

Account Type Collection Department / Agency / Attorney

Balance $87.00

Date Opened 8/1/2009

Account Status Closed

Mo. Payment

Close Account Details Past Due $87.00

Payment Status Seriously past due date / assigned to attorney,
collection agency, or credit grantor's internal collection department

High Balance

Limit

Terms 1 Month

Comments

I'm sorry to hear about your plight
but it does illustrate how badly people who try to do the right thing
and pay what they owe are treated when they pay a debt collector
anything. I constantly advocate that people should never pay a crying
dime to a debt collector for any reason. Your story should prove my
point to anybody who reads about it but they will probably continue to
do it anyway.

Everybody should dispute their debt no matter how small or how large it
may be. The very fact that a debt collector has stuck their nose into
the problem should logically anger people so badly that they will do
whatever it takes to make absolutely certain that the debt collector
will never again make the mistake of contacting them in any way
whatever. They should do all in their power to make that debt collector
cringe in fear at the very mention of the debtor's name.

Doing that may be time consuming because the debtor has quite a bit to
learn. S/he must first of all learn about debt validation and how to
write an effective debt validation letter. S/he must learn about the
other letters that should be sent out on a timely basis and how they
should be written. I believe that the final letter should be a fully
prepared federal lawsuit ready to go file accompanied by an properly
prepared intent to sue letter and waiver of service of summons. That
set of documents should tell any debt collector with an IQ greater than
their shoe size that unless they wake up and die right they are going
to face some very dire consequences. The debt collector should be given
only a minimal amount of time to correct the problem before the
consumer actually files the case in federal court which should then be
done with no further ado.

In your case, you paid the debt collector so you admitted that you owed
the debt and therefore ostensibly have no recourse but to suffer the
consequences for the next 7 years. That is the common thinking but
maybe it doesn't have to be that way at all. Maybe there is a possible
remedy. The question has to be whether or not the debt collector had a
permissible purpose to put that derogatory listing in your credit
report in the first place. Did that debt collector prove that you owed
the debt before the adverse listing was placed against you? If not then
he violated FCRA and is liable to you for $1,000 times the number of
months the listing remains in your credit report times the number of
credit reporting agencies that wrongfully carried the listing. One year
in all three credit bureaus amounts to $36,000 in damages plus any
additional damages you suffered due to having been turned down or maybe
by being forced to pay higher interest rates or maybe by having been
turned down for employment.

Another question might be whether or not the correct codes were used in
getting the listing placed. If they used the wrong code they could be
liable for that as well. Did they provide any false information to the
credit bureaus? Did they attempt to illegally re-age the debt or
attempt to do so causing the listing to stay in your credit reports
longer than the time allowed by law? There may be other issues as well
but you should do your diligent research to see what they may have done
that they should not have done. Others may say that none of that could
possibly make any difference now because you paid the debt thereby
admitting that you owed the debt. That may or may not be true but there
is only one way to find out and that is to do your homework and if you
find cause of action then learn how to prepare your federal case and go
file it.

If you do what I suggest you just might come out of it with a clean
credit history and more actual cash in your hand than most people will
ever hold in their hands at one time in their entire life. So now, the
greater question is whether or not you will actually do the homework it
will take to do what I suggest or not. If you aren't willing to do that
then I'm sorry but you paid the debt and now will have to live with it
for the next 7 years or so. The ball is in your court. What will you do
with it, dribble it down the court and try for a basket or will you
fumble? Its all up to you. Whatever you decide to do I wish you the
best of luck.

__________________

Click here! Get Piping Hot info Cap1sucks links page

Lawsuit by Discover Card

2009-08-10T06:44:00.002-05:00


Question:	QUESTION: Hello Bill. I received a letter from an arbitration company telling me that a civil lawsuit from Discover card is on its way regarding some credit card debt. We don't deny the debt and paid our bills until we ran out of money. My husband and I have been unemployed for a few months now but we are actively looking for work. The only asset we have is some computer equipment and a car we are still paying (in other words, it still belongs to the lender.) We have a couple hundred dollars in the bank which we are using for food. Our situation is desperate and we have told the collection agents so but to no avail. I guess they have heard similar stories so many times from so many people. The company sending the letter even mentions the civil suit by number so I will go to the courthouse tomorrow to learn how far along the civil suit is. I read your comments posted on your website and most likely, in civil court, Discover card will win because we don't (and never have) denied the debt. My question is: If I don't have a job and virtually no assets, what will happen after the judgement is entered against me? Your response is welcome and greatly appreciated. MAR :( ANSWER: What arbitration company did they use? NAF? It isn't because you have never denied the debt that they will win. And you want to know what will happen after the judgment is entered against you? Next they will probably go for an assets hearing and force you to go in to court and tell them where you bank, where you work and all about your assets, income and the like. They can and probably will grab any money you have in your bank account and you will go to the store one day to buy groceries and you won't have any money in your bank account to pay for them. Count on that and keep your bank account drained down to nothing or next to it. Then one day you will get a job and find out that your check has been garnished too. And just what do you mean by "virtually" no assets? Now then, since you have already assumed that you probably can't win in local court then maybe you would do well to learn how to beat up on them in federal court. But on the other hand, don't forget to tell me what arbitration company they used because that can be the key to keeping them from getting a judgment in the first place. I wouldn't give up on winning in local court just yet. Maybe all isn't lost just yet. image: Collections-Law-912/2009/08/click-enlarge_313.gif ---------- FOLLOW-UP ---------- QUESTION: Hello Bill, Thank you for reply. I'm grateful for the information you provided. It helps a lot. I was afraid but thanks to you I am learning about this process which is new to us. WHAT ARBITRATION COMPANY DID THEY USE? The arbitration company turned out to be a scavenger agency trying to "help us reduce the debt" for a fee. I went to the courthouse to check if the case was active and learned there is a hearing later this month. WHAT DO I MEAN BY VIRTUALLY NO ASSETS? We don't own a home nor do we have a mortgage. We are paying a car which is our only means of transportation. We incurred the Discover card debt to buy a printer, a computer, and some computer accessories so my husband could start a business. We have been unemployed for a few months now. The money we had saved was used to pay bills until the money ran out. I assumed we could not win in local court because I read all the answers you provided in your website. Specifically that 94% of the cases brought to court are won by the credit card companies because the judge only cares if the debt is valid. While at the courthouse I went into the court room and spend a few hours listening to the cases presented that day and all the cases before the judge went very rapidly. Of the 30 cases before the judge that day all 30 were won by Chase and Capital One. The only case that required postponment was a man who filed for bankruptcy. It seems the only solution available is to file for bankruptcy. We don't have the funds to pay a lawyer for bankruptcy nor are we well versed in legal proceedings. Denying the debt will only delay the inevitable. This is the reason why I decided to contact you. You seem to know a lot about the law. Any information you could provide will be greatly appreciated.
Answer:	I'd advise you to start learning by checking out some of my comments at which is a links page leading to many other docs pages which I and others have written. There is a great deal of information in those links that will be helpful to you. I'd like to get a look at the papers you get from the courthouse. You can scan them into image files and send them to me at ceo@creditwrench.com or you can also copy them then redact all the personal information then scan them and upload them to your own Google Docs page and either email me the links or post the links here. It is not necessary to file bankruptcy at all. Doing so is very expensive, time consuming and the results are usually pretty devastating in many ways. The only way it is worthwhile is if you have a huge amount of debt and a great deal of assets which are still insufficient to pay off all that you owe. I'd say that if you owe less then $50,000 it probably won't be worth filing BK. I wouldn't worry much about smaller debt because you can easily make those and resulting judgments go away by catching them breaking the law and filing one or more federal lawsuits against them for those violations. That's what I teach people how to do as well as how to do battle with them in local courts. Fighting in local courts is well worthwhile even if you end up losing which, as I predict, is probably inevitable. That is because they always violate federal law giving you grounds to take them to federal court and make it all go away. It really isn't all that hard to do. Just takes a bit of time and effort and you will learn very quickly how to win even though you might lose at local court. Again, I'd like to get a look at the court paperwork because the statement you made about some outfit ostensibly trying to help you and now filing a lawsuit against you is intriguing to say the least.

2009-07-28T13:57:00.001-05:00

Creditwrench Blogtalk Radio show for July 27th, 2009 carries a

discussion about the New York Attorney General's crackdown on debt

collectors, lawyers and their illegal default judgments obtained

through fraudulent process of service. Click on then link above and

listen in as Creditwrench students who were actually victimized by this

vicious racket did to put a stop to their being victimized and how they

made the debt collectors pay them instead of collecting any.

Mobile post sent by creditwrench using Utterli. Replies.

2009-07-18T19:57:00.001-05:00

creditwrench's Google Docs links (http://ping.fm/ZMbaO)

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2009-07-16T16:55:00.001-05:00

Richard needs help dealing with debt collectors (http://ping.fm/Xnrp7)

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2009-07-16T16:48:00.001-05:00

How to prepare your courtroom... (http://ping.fm/qAeKw)

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2009-07-14T12:01:00.001-05:00

http://ping.fm/hQR9e (http://ping.fm/hLb35)

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2009-07-14T07:42:00.001-05:00

Blogger: Improve Your Credit NOW! - Post a Comment (http://ping.fm/jXTJI)

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A web page archived by CREDITWRENCH has been shared with you

2009-06-28T06:53:00.001-05:00

A web page archived by CREDITWRENCH has been shared with you through iterasi.

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A web page archived by CREDITWRENCH has been shared with you

2009-06-27T19:39:00.002-05:00

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A web page archived by CREDITWRENCH has been shared with you

2009-06-25T07:38:00.001-05:00

A web page archived by CREDITWRENCH has been shared with you through iterasi with this personal note included:

"Don't put a man down because he advertises his services wherever he can. It is the only means he has to let others know about his talents and what s/he can do for you. Advertising is the name of the game wherever you go including message boards and social media such as facebook and twitter and many more."

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A web page archived by CREDITWRENCH has been shared with you

2009-06-24T12:27:00.001-05:00

A web page archived by CREDITWRENCH has been shared with you through iterasi with this personal note included:

"Learn how to fignt back against an illegal arbitration attempt. Creditwrench leads the way in teaching how to do that."

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A web page archived by CREDITWRENCH has been shared with you

2009-06-10T10:27:00.001-05:00

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A web page archived by CREDITWRENCH has been shared with you

2009-06-09T08:26:00.001-05:00

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Bankruptcy?

2009-06-08T09:54:00.002-05:00

Quote:

Originally Posted by jjgross

Have her consult with a bk attorney.

Why is it that when people are already in a deep hole others want to suggest that they dig their hole even deeper? That is something I have never been able to figure out. Debt consolidation, mortgage elimination, bankruptcy and other such scams only serve to put people in worse shape than they already are. All are expensive so those who have little or no money can't afford to do any of those things and none of them will save the home from the tax man. Nothing will save the home from the tax man except cash and if the homeowner can't come up with the cash the lender will most likely do so.

Failure to keep up the taxes and insurance not to mention failure to meet payments in a timely manner usually constitutes a breach of contract giving rise to a foreclosure action against the homeowner. Mortgage foreclosure action by lenders can be defeated. It is being done with ever increasing regularity all across the U.S. as more and more judges are becoming aware of the gigantic scam perpetrated upon the American people by the mortgage lending industry, but no illegal or nefarious action by the lender will mitigate the fact that the homeowner failed to make the payments as agreed.

In the current situation somebody has to come up with a substantial amount of cash or the home is gone. Somebody has to be willing to put up not only the tax money but the money to meet the demands of the lender which is going to be much more than seems apparent at this time. Maybe several thousand more than what she seems to be behind.

Bankruptcy would cost at least 2 to 3 thousand and is unlikely to save the home from the lender. I've known several people who have tried it only to lose that cash too and the home as well. All that was accomplished with bankruptcy was to stave off the inevitable for a little while longer.

How to save the home from foreclosure once the tax man has been paid depends on whether or not the home is located in a non-judicial foreclosure state. If the home is located in a non-judicial state such as California, Arizona, Georgia, and many more the odds against a successful defense are much greater than in a judicial only state but in either situation a mortgage fraud investigation is essential to a successful defense. That can cost anywhere from $500 up to as much as maybe $2500. The only difference in how much it costs is who is hired to do the job. I know of a man in Arizona who will do it for about $500 but no guarantee as to how long it will take to get the results. Probably several weeks or more. I know a man in MD. who will do it for $1,000 and guarantee results in 7 days. I also know of a group of people who do a lot of advertising claiming to be able to save the home. The fraud examiner claims to be certified by some organization and to be able to go into court and testify as an expert witness. That fraud investigation costs at least $1500 last time I heard and apparently without any hope of ever getting an actual fraud audit report. The party doing the advertising has two web sites telling people how to beat foreclosure but is in foreclosure himself and is filing BS arguments in the court hoping his nonsense will save the home. It simply isn't going to happen. The so called expert can't even save his own home from foreclosure but wants others to believe he can save theirs and pay him handsomely for his efforts.

Even if a fraud audit is obtained it will do no good in local court since, as usual, the only question before the court is whether or not the defendant owes the money and the outcome is almost always the same. Arguments about notes are highly publicized when they happen to work but nobody talks about how many times that argument failed. A somewhat educated guess might be that no note arguments might work is maybe 1% of foreclosure cases if that.

The only realistic hope of a win is get a mortgage fraud audit from a reputable auditor then use the results in a federal case against the lender. That can work if the fraud audit is favorable to the homeowner but even then it is unlikely that the homeowner will get his house for free.

But the most important thing of all to learn is the following: If you are in a deep hole then for Heavens sakes don't do anything to dig it any deeper.

Creditwrench web site

I have a great deal of creditcard debt

2009-05-13T17:12:00.002-05:00

Subject: credit card debt
Question: i have amounted a great deal of credit card debt and when my husband lost his job a few yeas ago we couldn't pay. we are a a time when we can begin to repay some of these debts and are trying to do so one at a time.. i obviously can't pay them all at once. i have a law firm sending me letters of intent to sue over $10000 owed to citibank. i spoke to a rep that told me that they would deduct 200 for the next to months from my checking to show an intent to pay while i finish out the pay arrangements with other creditor. and then we would discuss settlement. however the check hasn't been withdrawn and I recd another letter from them with an intent to sue.. what do i do at this point? should i make the payment myself directly? can they still sue? What is my next step?

Answer:

click here to enlarge
They can sue you and they can garnish wages, seize bank accounts, possibly seize vehicles that are free and clear of debt, boats, trailers or anything that has a title to it registered with the department of motor vehicles in your state. It is also conceivable that they could send a sheriff to your home to see what they can find to sell. You need to become a creditwrench student and learn how to keep them from grabbing everything you have.

Judgment recovery

2009-05-04T14:58:00.003-05:00

Judgment recovery is an occupation that is very dangerous to those who have judgments against them. Judgments can lie dormant for many years and suddenly pop up to bite the judgment debtor. In fact, most judgment recovery companies such as Toxic Assets Recovery normally like to work old judgments more than they do recent ones. In order to facilitate their efforts to locate debtors who have judgments against them some firms are using various social media web sites such as Facebook, Twitter and many others. Typically, women are used to attract debtors to their folds. They go through these social networks gathering as many new followers and contacts as possible then compare names, addresses and other information about their followers to the lists of people they are searching for. When a possible match is found they contact that person in their attempts to collect the debts that are owed by their contact.

Use of this new technology illustrates how advanced skip tracers are these days. This method is a very advanced and interesting new approach to locating debtors.

2009-04-09T06:39:00.001-05:00

http://ping.fm/iABBn

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2009-04-09T06:38:00.001-05:00

http://ping.fm/fAK9C

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2009-03-13T23:24:00.002-05:00

Judgement received
Question:

I received a letter from my bank in November 2008 stating that National Credit Acceptance (NCA) won a judgement against me and have request information regarding my accounts. The bank gave my NCA's number and so I called them. I asked the woman what this was for and she started to yell at me telling me that I need to pay my bills. Let's just say the conversation did not end well and my question was never answered.

I was in the process of moving cross-country from NY and made the decision to deal with this when I was settle in my new place. By the time I got settled, my bank account was frozen and I could no longer get any money from my account. After a week of being told by my bank that NCA won a judgement against me, I received another letter stating what happened. I was astonished that I creditor can do this. CAN THEY DO THIS?

After some research, I now know that this debt was a car repossession that happened to me about 10-11 years ago. After the repossession, I didn't hear anything from the creditor and had no idea what rights I had; if any. I did see it on my credit report but also thought there was nothing I could do about it. Now NCA bought my debt and pursued the matter without notifying me and won. What do I do now?

The original repossession was in CA but I moved to NY and the judgement was won in NY. My friend (a criminal lawyer) advised me to call the creditor and make a deal with them. Should I do that? If I do that, is that going to put it back on my credit report for another 7 years? And what about the 7 years thing; so many people are telling me that it shouldn't have been on my credit report anyway since it was so long ago and that I should write to the credit report agencies and get it off. Is that true? With the judgement already won, can I have credit report agencies do that? Please help; I don't where to start.

click here to enlarge Your sad story is typical of those who fail to understand the truth of what I constantly tell them. Next they will go for wage garnishments, and if they can't get anything that way they will go for any vehicles that are free and clear, put liens on your home if you own it, send a sheriff to your home to grab any furniture, TV sets, anything of value that they can sell at auction to pay their judgment. Anything at all. They can almost leave you with an empty home to sit in. Your criminal lawyer friend don't have a clue unless you have the money to pay them with and it sounds like they already grabbed that. So what should you do now? The first thing you need is some protection from the rest of their garnishments. A way to stop them cold from getting anything else. A simple phone call to 302-200-3102 can get that job done for you. The folks at TARP can put a stop to their garnishments and seizures. Next you need to learn that even though they have a judgment and garnishment in place they are still 3rd party debt collectors and they will make mistakes and violate the law and you can sue them and force them to pay you good money to go away and not sue them anymore. In the process you can probably make them vacate the judgment and leave you alone."

What can I do about a Repo of my car?

2009-02-17T08:00:00.000-06:00

	latreece
:

Subject:	stopping a charge off
Question:	Is there anyway I can stop a charge off? I've been drastically ill and I was finally able to convince my Dr.to let go back to work,but now my auto is scheduled for charge off and I can't get to work if they reposses it is there any way to stop them from charging off
Answer:	click here to enlarge No, there isn't any way to stop the chargeoff and repo except by paying it off. You might as well get ready to survive the inevitable and end up coming out ahead of the game. The first step, of course, is to get yourself some other transportation. First of all, clean out the car completely. Get everything out of it. They will repo the car and sell it at an auction then come back after you for the deficiency balance which will most likely be greater than what you paid for the car in the first place or close to it. They will mess up your credit reports so you can't get another car financed. They will probably turn the account over to a debt collector to collect for them and they will add even more money to what you owe. When they turn it over to a debt collector is the time you can turn what is now a very negative situation into a very positive one. The debt collector will start calling you trying to collect the money. Most people think that is a terrible thing. They hunker down and won't answer the telephone after a few calls. They throw away any letters they might get from the lender and from the debt collector. They try to act like turtles and hide from the debt collector thinking it will all go away or they will escape somehow and they can do that for a while until one day the sheriff comes knocking on their door with a summons and complaint. Most will even ignore that and get a judgment against them. They will ignore that too and one day they will get a summons to an assets hearing and many will ignore that too. One day, their bank accounts will come up drained of all the money and their paychecks will also start coming up about 25% less than it previously was. They will endure that too, of course. After all, they know they owe the money and think there is nothing they can do about it. Is that what you will do? Nothing at all and just suffer and let the law take it's course? Or will you start learning what to do about it now before it all gets started and it is too late to do anything about it? Those who stop to think about how much money they had invested in that car only to lose it all and decide they aren't going to get beat out of the down payment and all the money they paid out over the months plus losing more and more over the coming months or years and all for a car they will never have start learning how to turn those nasty phone calls into actual cash in their pockets to help get their money back before the phone calls even start. They will start learning and before it is all said and done they might even be able to turn a disaster into a winning outcome for them. So how about you? What will you do?

Thursday night conference call with Richard Cornforth.com

2008-12-17T18:17:00.000-06:00

Thursday night conference call with Richard Cornforth

Tomorrow, Thursday night, December 18th we will be holding a conference call with Richard Cornforth. The call will start at 7:00 P.M. central time and will last until 9:00 P.M. This is a free call with no charge or obligation except that which your telephone company might charge you for long distance. Nobody will attempt to sell you anything nor attempt to get you to do or not do anything. It is strictly for informational purposes.

The call will be an actual meeting of Richard Cornforth's J~accuse group with Richard Cornforth presiding. Callers attending the meeting via the conference call instead of actually attending the meeting will be asked to follow the format of the meeting and not attempt to hold conversations with other callers. All questions will be directed to Richard Cornforth and he will be the only one answering questions. Please use *6 to mute yourself until the time comes to allow people to ask questions. When you ask questions please identify yourself by first name only and tell us what state and city you are from.

Richard usually starts each bimonthly meeting off with a lesson about something or other often about IRS or debt collection. Please listen quietly until the moderator opens the floor to questions then you can feel free to jump in and ask questions.

The meeting will start promptly at 7:00 P.M. and will be set up a couple of minutes prior to the start of the meeting by the moderator.

Richard Cornforth is a nationally known public speaker and travels extensively giving seminars in many cities each year.

The call in number and pin is:. 1-712-432-1601 Pin is 508548#

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