CREDITWRENCH
Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Sunday, July 20, 2008
Collection agencies after me and I don't know what to do

Multiple collection agency's. after me


I dont know what to do.

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

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

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

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

HELP! Please.

Thanks

Answer:


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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