Re: Sent request for Debt Validation and this is what i got...

Most judges at both the federal and state levels would most likely rule that what they sent you was sufficient to comply with the requirements of FDCPA. However, in Fields v. Wilburlawfirm Judge Kenneth Minh of the 7th Circuit Court of Appeals disagreed. The case has become somewhat of a landmark decision in that at least 35 attorneys have referenced the case in their motions and briefs.

But what about the agreement you have with the credit card company? You should try to make them produce that or at least a readable copy certified by the maker to be a true and correct copy of the original. While on the surface of the matter that may not seem important and you may or may not be able to force them to produce such a copy even though you use Duces Tecum.

Getting a copy of the agreement can be vitally important to winning in court in many cases. There are always terms and conditions that may be useful to you so you should make every effort to make sure the court backs you up on your demands for production of that document.

Also, when you go to court make certain that you have previously arranged with the clerk of the court to have a court reporter present and taking notes unless the court provides that service for you through audio or video transcripts. Never go to court without a transcription being available.

Now let's move on to your canned validation letter. While it may not hurt to ask for the above I find no place in FDCPA that says they have to provide that to you as a part of validationNowhere in FDCPA does it state that debt collectors are required to prove that the statute of limitations has not expired. Demanding it is rather silly because if the case goes to court and you plead a statute of limitations defense you will have to prove that it has indeed ran out on them. The only way to hopefully make them prove they filed timely is through use of your 5 discovery tools. None of that is required under FDCPA either. Canned validation letters found on the internet make their users look stupid. One should never use them in a useless attempt to teach the other fellow how smart the debtor is. Never attempt to teach the other fellow how smart you are. The whole point is to learn how smart they are, not teach them how smart you are. The less you say the better off you are.

Many of the letters one finds on the internet also use the phrase "cease & desist" in one way or another. It is an attempt to create a partial cease & desist but use of that phrase in any way is patently stupid because nowhere in FDCPA is there any provision for a partial cease & desist. It is all or nothing and use of the phrase can easily be turned into disasterous results for the sender. FDCPA clearly provides for use of another phrase that accomplshes the desired results without those 3 possibly fatal to your case words. You should never accept anything that anyone says (including me) as being the truth, the whole truth and nothing but the truth without doing your homework and thoroughly checking it out for yourself. Blindly accepting things you see on the internet and blindly accepting the truth of the statements based on how logical they seem can and probably will be used against you in a court of law sooner or later. Use what people tell you on the internet as a starting point for your investigations and nothing more.

Don't even trust what lawyers and judges tell you as being true and correct. They are only human beings and are often wrong in what they say. If you doubt the veracity of that statement just ask a judge the wrong question and you will get the right answer to the wrong question every time.

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FDCPA
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

RSS

RSS stands for Really Simple Syndication

RSS is still largely unused by the majority of the world's netizens because they simply haven't been taught how usefull it is or how to use it. But the truth is that it is not only really simple to use but it has the great benefit of allowing people to gather and read huge volumes of information very rapidly through the use of what are widely known as aggregators which are more commonly known as feed readers.
Aggregators
Aggregators come in many types and are usually available for free. Google Reader is just one of several that Google has in it's basket of goodies. Another good one is Amphetadesk which has been around for a very long time now. The Creditwrench message board is another type of feed reader.

It features a diversity of feeds from attorneys who are bloggers and talk about a variety of legal topics for your reading pleasure and brings you up to the minute information you might not ever find out about just surfing in traditional ways. Each feed is monitored by Bill Bauer who is the CEO of Creditwrench.

Another form of feed reader is Mozilla's Thunderbird which is primarily an Email ready. It lets you gather email from all your email clients such as Gmail, hotmail, yahoo, MSN or just about anywhere and brings them all into on reader so you can keep on top of all your emails easily instead of having to log in to each of them separately. It also lets you view the headlines from a great many RSS feeds so you can keep your finger on the pulse of whatever topics that interest you.

I carry the feeds from well over 100 different sources and can get through the headlines in about half an hour most days. I was cecking my feeds this morning and noticed a feed that had an article from a blog known as "The Simple Dollar" in which the author made the following comments:

"I get asked to review all sorts of crazy personal finance books, plans, programs, and schemes all the time, ranging from the reasonable to the completely outlandish.

For the most part, all of these programs share more or less the same content. Get your spending under control, call up your creditors and negotiate lower rates (or in some cases a balance reduction), adopt a very strong debt repayment plan, and kick it in the teeth.

A few of the programs involve some legal manuevering in which you attempt to buy your bad debt from the creditor (and then obviously dismiss it), but the legal gamesmanship there is murky, dealing with legal nuances that are far from clearly explained.

This is the meat and potatoes of personal finance, and it’s pretty much true across the board. Spend less than you earn and get rid of bad debt and plan for the future. Most of it boils down to nuances of those two statements - earn more, spend less, pay off debt, invest, and so on.

In truth, the big difference between most personal finance books, programs, and other materials is in how they’re packaged. Dave Ramsey’s stuff is packaged in the guise of a straight-talking Christian. Suze Orman paints the picture of a successful career woman dispensing this advice. Jim Cramer plays the role of exciting enthusiast. David Bach plays the role of the “friendly teacher” who tries to make something complicated into something simple.

And you also have the people that use other methods to convince you. Kevin Trudeau, for instance, plays the role of the insider who is letting you in on “secrets” (often making over the top and potentially false claims along the way) - and that appeals to some people.

Here’s the truth: almost all of these programs work. They all deliver most of the same information, they all agree on the basic principles, and they all offer a program that will get you into a better financial place.

The only real difference between most of them is in minor details - and in how they’re presented. That’s really it - the little details and the presentation."

So there you have it in a nutshell. They are nothing but tired old hacks who in reality have no better solutions to your debt related problems than telling you to take an old cold tater and wait. They have absolutely nothing to offer those who are deeply in debt for whatever reason, plagued by debt collectors, lawyers, judgments and garnishments.

Even the wealthy cannot escape the immense burden imposed by the hordes of debt collection locusts that swarm upon our society much like the plagues of locusts of Biblical times eating up all the available greenery they can lay hold of because they are heavily taxed to help pay for the high cost of maintaining our massive court sytems.

All the babblings of such as Ramsey, Orman and their kindred do nothing at all to help the ever growing segment of our population who cannot for whatever reason pay their just debts.

Yet those whose need for help is the greatest are led like sheep to the slaughter houses better known as our court systems not the least of which are our bankruptcy courts where the final shearing of the sheeple is completed.

Is it any wonder that people are universally so frightened by the mere thought of having to go to court? So frightened that they will not even countenance the thought of standing up and fighting for their rights and freedoms through the use of laws specifically put in place by the federal government to give them the very tools they need to put a stop to their torment?

People in bad financial straits have no earthly use for old cold taters like Ramsey, Orman and other such pap servers. They need to learn how to deal with their problems in a realistic way that works for them most of the time.

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4. http://shrinkmylink.com/xsjqson
   
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FDCPA
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

Nationwide Credit

Question:

American Express has sent my account to Nationwide. Nationwide says they won't accept monthly payments unless I enroll in their Care Program by giving them $500 down and then access to my checking account to pull $204 a month from. Then they reduce the interest rate from 34.9% to 9.9%.

Do I have to do this program or do they legally have to accept me just sending checks in the mail without giving them direct access to my checking account?

Answer:

First of all, they are a 3rd party debt collector but regardless of who they are you should never give them access to your checking account and banking information.

To be absolutely safe one should never pay debts to anyone by giving them access to your banking information. Pay all debts by Bank Certified cashiers checks so you have a receipt in hand for all payments made.

Mortgage payments, car payments, especially payments to debt collectors, credit card payments and such should always be made from bank certified cashiers checks, U.S. Postal money orders, or prepaid debit cards in which you have to deposit the money first before you can use the card. Never give your banking information over the phone under any circumstances.

Yes, I am aware that there are those circumstances when that advice simply won't work for some reason or other but in general you should follow it to the greatest exten possible. On the other hand you should never deviate from that advice with a debt collector.

But in fact you really should never pay a debt collector a crying dime in the first place. Paying them just encourags them to abuse those who know better than to pay them. Also, paying them hurts your credit score much worse than not paying them so why do it? Makes no sense at all.

Do they legally have to accept your form of payment? No, they don't have to accept your payments by whatever means you choose but if you can prove to a judge that you actually sent them money by some acceptable means such as a bank certified cashier's check, U.S. Postal Money order and they refused to accept it and sent it back to you I tend to think they would have an awfully hard time trying to get a judgment. One never knows about that however.

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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. Listen to this student tell how he got $10,000 from a federal case against Capital One
   
4. http://shrinkmylink.com/xsjqson
   
5. Mark in Rhode Island gets settlement offer
   
6. Statute of Limitations for all states
   
7. 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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FDCPA
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

RECOMMENDED READING
Subscribe to Creditwrench mailing list. It is free and very informative. .

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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. Listen to this student tell how he got $10,000 from a federal case against Capital One
   
4. http://shrinkmylink.com/xsjqson
   
5. Mark in Rhode Island gets settlement offer
   
6. Statute of Limitations for all states
   
7. 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.
__________________
Try this great new search engine!
It pays you cash money for every search you do!

How about a search engine on steroids? It acts like an RSS feed for most other search engines. Between these two you shouldn't ever need anything else. Use these two for all your searches. You will be glad you did.
Addictomatic 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

If you click on the banner below and sign up you get $10.00 cash money just for signing up. It is another payment service just like Paypal but much better. Give it a try. You have nothing to lose and at least $10.00 to gain.

If you liked this article please consider a small donation to the author. You can sign up and get the $10 cash and use a buck or so to tip the author with. Costs you nothing that way.



FDCPA
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

Summons & Court Date

Question:

Hello on August 19th I was served a summons and complaint from a debt collector for a credit card. I immediately pulled my credit report with Transunion and can find no mention of this debt.

I answered the summons saying it was my intent to show for court. I also sent the court and the collection agency a letter requesting validation and a sworn denial statement all on August 19th. Today Aug 22 I received a court date to appear. I thought they could not proceed until they supppled me with full debt validations?

Answer:

You thought they could not proceed until they supplied you with full debt validation? Where did you hear that nonsense? Tell that to the judge and see where it gets you. The judge may take the time to tell you that next time you need to hire an attorney before he grants judgment to the plaintiff. Then again he might not even bother to tell you that.

They can do that with no problem until you enforce the law in federal court. The problem you have is that you have obviously been getting your information and advice from some guru message board that either gives you information that is totally false and misleading. It was misleading to state that they could not move forward once you demanded validation. They should have told you the rest of the story too.

I guess you also learned how to file a response to the court saying that you intended to show for court from some equally bad source because that isn't a proper answer or response at all. You have to file a proper response which can take many forms depending on the type of response you intend to use. Whatever your response might be it must respond to the one simple question which is before the court and that is "do you owe the debt or not" and if not why not. That is the question and that is the only question which the judge wants to hear the response to. All the rest usually matters not.

You also say that you received a court date. What date is the hearing set for? That can be very important for several reasons. If it is too soon you may want to file a motion for extension of time to respond.

So how do you respond to that question is a rather long discusson which I will address in greater detail on my blog at http://www.creditwrench.com

RECOMMENDED READING

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See all my questions and how I answered them. Just enter your email address in the box below, choose whether you want individual emails or just a daily digest of all messages posted each day. You can unsubscribe any time you wish

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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. Listen to this student tell how he got $10,000 from a federal case against Capital One
   
4. http://shrinkmylink.com/xsjqson
   
5. Mark in Rhode Island gets settlement offer
   
6. Statute of Limitations for all states
   
7. 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.


__________________
Try this great new search engine!

It pays you cash money for every search you do!


How about a search engine on steroids? It acts like an RSS feed for most other search engines. Between these two you shouldn't ever need anything else. Use these two for all your searches. You will be glad you did.

Addictomatic 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

If you click on the banner below and sign up you get $10.00 cash money just for signing up. It is another payment service just like Paypal but much better. Give it a try. You have nothing to lose and at least $10.00 to gain.


If you liked this article please consider a small donation to the author. You can sign up and get the $10 cash and use a buck or so to tip the author with. Costs you nothing that way.






FDCPA

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.

Please scroll down to see this message.

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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medical
paypal
credit
credit score
FDCPA
mortgage
ARM
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

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!
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

If you liked this article please consider a small donation to the author.

FDCPA lawsuit
hospital
debt collector
validation
dispute

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

sheriff


If you click on the banner below and sign up you get $10.00 cash money just for signing up. It is another payment service just like Paypal but much better. Give it a try. You have nothing to lose and at least $10.00 to gain.

If you liked this article please consider a small donation to the author. You can sign up and get the $10 cash and use a buck or so to tip the author with. Costs you nothing that way.

sheriff
jail
capital one
authorized user
credit card