CREDITWRENCH

Debt collector movie

2010-07-08T12:23:00.001-05:00

The following movie was put out by Kaulkin-Ginsberg of Inside Arm and is their attempt to show how debt collectors are in fact good guys and not the bad guys most people view them as.

Kaulkin-Ginsberg is supposedly the collection industry's spokesman advocate and have been promising this type of video campaign for a very long time now but this is the first such video we have seen.

With the long history of negativism projected by the debt collection industry it is going to take a great deal more such videos than this little blurb to do any good.

THE SAGA OF JOHN AND TAMMY.

2010-05-28T10:06:00.001-05:00

THE SAGA OF JOHN AND TAMMY.
This is a message that was posted on a forum called Myrland's methods.

This message reveals an almost complete story telling how well such methods as are preached on various internet message boards work. The mistakes that John made tell a tragic tale indeed. Of course John never had a chance in local court to begin with. But he believed what dangerous internet teachers told him and failed
to do his research as a result. He learned the lessons of scam artists instead of the lessons of the law which he apparently may have abhorred.

Obviously he cared nothing for the protections afforded him by the law and instead favored looney tunes played for him by various fruitcake musicians.

--- On Thu, 5/27/10, John Corsentino <eightx01@gmail.com> wrote:

From: John Corsentino <eightx01@gmail.com>
Subject: [MYRLANDsMETHODs] Any Advice Please?
To: MYRLANDsMETHODS
Date: Thursday, May 27, 2010, 9:54 PM

After having three instances of Identity Theft in the past three years which threw our finances into a quagmire, I requested the information in the letter below from all of our creditors to try and get a handle on what was or was not ours. Several of our creditors were quite helpful and we are on good terms with them to this day. However, many of them, especially Bank of America, refused to help us in any way. In fact they began to make things worse almost as if they were the cause of the Identity Thefts and had something to hide. They fought us tooth and nail every step of the way until I just stopped making payments on the two accounts which were in my name alone.

The first thing I noticed was that they had made an entry on my credit report, which I expected, for non payment. The kicker was that now all of a sudden my wife's name had been added to the larger of the two accounts as a co-holder of the account. When we saw this I renewed my efforts many times over to get them to show something with either mine or hers signature's as proof of ownership of the account.

After almost a year of not hearing from them or getting a reply from my requests, they filed a complaint in Court, I suppose hoping I would ignore it and they would win by default. Well I answered the complaint line for line and requested a motion to strike an affidavit from some bank clerk stating he was personally familiar with this account and had the paperwork right in front of him. This shut them up for 5 or six months until I received a very large packet of paperwork containing Request for Documents, Request for Admissions, and Interrogatories all in one package and requiring that I have them back in 20 days. I dashed off a registered letter to the courts and the Lawyer stating I would need 20 days for submission of each request.

After I finished submitting in the 60 days I haven't heard a peep from the lawyers concerning this account. Now I receive the letter from the lawyers that they have a judgement against me for the smaller of the Bank Of America accounts. A judgement which I never had a chance to fight because it was done behind my back.
I just received a notice from the collection attorney stating I had a judgment against me for $8700.00. I had never received a summons or notice of an upcoming court date. I still have not received anything from the courts after a month.

I had received a collection notice from the lawyer stating that they had been hired to collect on this account. I sent them a letter (see below) which they never replied to. They just continued to proceed with collections. I watched my credit report for almost a year and saw them make inquiries and also add unpaid account entries as if they were the creditor and were not receiving payments on account as agreed.

Ultimately I received the Judgment notice out of the blue with them never having answered my requests below or letting me know about a court date coming up where I could fight them.

How do I go about fighting them now in court? I now have found out that they have put a lien on my house and property which caused us to not get a refinance which we would have otherwise have had with no problem.

We have been given the royal shaft and do not know what to do. We can't afford the lawyer we were going to hire with the refinance. Can you give us any advice? Everything we have done so far has been pro se which I believe means without a Lawyer.

John and Tammy, Richmond, VA

------------------------------------INITIAL REPLY LETTER MAILED TO LAWYER---------------------------------

CERTIFIED MAIL RECEIPT # 1234 5678 9123 4567

Our Name
Our Address
Our Address

Lawyer Name                                                                                                 February 03, 2009
Lawyer Address
Lawyer Address
RE      NOTICE OF ERRONEOUS PRESENTMENT AND DEMAND FOR FULL DISCLOSURE– OUR NAME, ACCOUNT # 1234 5678 9012 3456
Dear Sir/Madame:

I recently received your presentment regarding the above listed account. Please regard this letter as a formal Notice and Demand that your presentment is being returned without dishonor as erroneous and incomplete, and demand is hereby made for full disclosure with respect to the above listed account per UCC 3-501(b).

You are hereby noticed that BANK OF AMERICA has failed to provide either adequate and valuable consideration, or full disclosure of the material terms and conditions of the alleged agreement, particularly with respect to the circumstances surrounding the original issuance of the credit involved in this matter and the nature and extent of any finance charges assessed on the above account.

This Notice and Demand should not be perceived as a refusal to pay any valid debt. However, based upon your conduct and the erroneous and incomplete nature of your presentment, I have questions regarding the validity of the debt you are alleging is due and owing. This letter is not a request for “verification” or “validation”, but a demand for proof of claim, such as may be proven by a certified copy of an original agreement, with my signature, and documentation specifically naming your company as a person entitled to enforce a commercial claim against me.
John, Validation and proof of claim are one and the same thing yet you denied that therefore giving them the right to claim you never
demanded validation as you are allowed to do under the law provided that you do so within 30 days of your receipt of their initial contact with you. If their first (initial) contact with you was by phone then you should have used my 18 questions to ask debt collectors every time they call . Each time you should have ended the call by demanding that they validate the debt. If their initial contact with you was by letter then you should have demanded validation immediately. Instead you denied that you were asking for validation. And the bit about commercial claim? If the credit cards were issued in your name(s) then it is a consumer transaction and not a commercial transaction

In order to determine the validity of your presentment under UCC 3-501(b), at a minimum I will require certified copies of the following:
1. Your proof of claim related to the above listed account,
2. any and all instruments in your possession that bear my signature that you believe support your claim per UCC 3-401(a)(1),
3. any and all account and general ledger statements or accounting reports related to compliance with Financial Accounting Standards 95 & 140 as to the disputed account,
4. any and all tax forms issued and filed with respect to the above listed account, including, but not limited to 1099 C & 1099 OID.
John, there is no requirement whatever that they answer any of those questions.

Until such time as you are able to provide the demanded information and resolve my concerns please consider this as a formal dispute regarding all charges, finance charges, penalties and other fees related to the above noted account. In the event that you are unable or unwilling to properly respond to this notice and demand, please send me a billing statement or other communication indicating a zero balance due on the subject account. Your failure to do so will constitute a fault per UCC 1-201(b)(17), and may require my filing 1099 A & 1099 OID forms with the Internal Revenue Service as appropriate.
No John, not UCC but under the Fair Debt Collection Practices Act if the "presentment" was from a 3rd party debt collector. UCC only helps if the transaction involved some type of transaction where a surety or collateral was required. Automobile or real estate purchases. That type of thing.

Please understand that all communications, acts or omissions on your part may be used in litigation regarding your non-compliance with state and federal tax and consumer protection laws. Your failure to respond to this Notice and Demand within ten (10) days will be construed as a waiver of any and all claims regarding the above-listed account, and will act as a confirmation that no further action may be taken on your part with respect to the subject account.
John, that is about the funniest thing I've heard all day.

Respectfully,

John & Tammy xxxxxxxxxx

----------------------------------------------------------------------------------------------------------------

VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF HENRICO
                                                                                                                                                                 ;                                                       FIACARD SERVICES, N.A. FKA BANK OF AMERICA, N.A. (USA) Plaintiff,

v.
JOHN xxxxxxxxxxxxxx and Tammy XXXXXXXXXXXXXXX
Defendants.

AT LAW NO. 085CL09894844-00

                   INTERROGATORIES

REPLY TO PLAINTIFF’S REQUEST FOR INTERROGATORIES

COMES NOW the Defendant, appearing pro se, to reply to Plaintiff’s Request for INTERROGATORIES
for the purposes of the pending action only, in writing, within Defendant’s request for extension of February 19, 2010 allowable time due to the financial difficulties of Defendant in procuring materials to complete request.
In addition, Plaintiff requests the completion of three documents; 1.Request for admissions 2.Request for Production of Documents 3.Interrogatories, and states that all three should be answered within 21 days. This would seem an unreasonable request by Plaintiff. Defendant requests a more reasonable time frame to submit all three documents which would be a total of 63 days. Defendant also prays the court for recognition of Defendant’s Disability which further extends the time needed to prepare documents. Defendant John XXXXXXXXXX is sometimes in a semiconscious state for days at a time due to severe chronic pain and heavy pain medication.
Sorry John but they don't care about your pain ans suffereing. If the law says you have to respond within 21 days then you have to respond within 21 days. End of the argument.

All allegations of Plaintiff’s Request for Admissions are denied unless expressly admitted herein.

COMES NOW the Plaintiff, by counsel, and pursuant to Rule 4:8 of the Rules of
the Supreme Court of Virginia, propounds the following Interrogatories to the Defendants, to be
answered in writing and under oath within twenty-one (21) days of the date hereof.
INSTRUCTIONS
As used herein, the term "document" shall mean any and all types of recorded information, including, but not limited to, originals, typewritten, photostatic and other copies of correspondence, contracts, agreements, notes, minutes, deeds, documents, telegrams, mailgrams, work papers, memoranda, pleadings, intraoffice memoranda, expense vouchers, expense records, ledgers, books of account, receipt books, reports, invoices, statements, bills, printouts, papers, diaries, personal calendars, messages, books, letters, photographs, pictures, financial records, notebooks, recordings, sound recordings, film and other data compilations from which information can be obtained.
As used herein, the term "communication" shall mean any and all written communications between two or more persons, or oral communications, including telephone communications, personal conferences, meetings or other exchanges between two or more persons.
As used herein, the term "person" shall include natural persons, proprietorships, corporations, public corporations, municipal corporations, state governments, local governments, governmental agencies, political subdivisions, partnerships, groups, associations or organizations.
As used herein, the terms "describe" or "identify" when used in reference to a natural person, shall mean to state his or her full name, present residential address, present business address, present business title, and present business affiliation, or, if the above are not known, such information as was last known by defendant.
Note: This is a communication from a debt collection. The purpose of this communication is to collect a debt.

The terms "describe" or "identify," when used in reference to a document, shall mean to state the type of document (e.g., letter, memorandum, contract, etc.), its date, author or authors, its present location, including identification of the file or files where it may be found, and the name of the custodian or that individual responsible for the maintenance of such document or file.
As used herein, the terms "and" and "or" shall mean and/or.
As used herein, the singular of any work or phrase includes the plural, and the plural includes the singular.
These Interrogatories are continuing in nature, so as to require you seasonably to file supplementary answers if you obtain further or different information prior to trial.
I really like those a lot John. I need about 30 more similar descriptions and clarification. Notice how they snuck in their mini-miranda on you? Didn't see that one coming, did you John?

INTERROGATORIES

As used herein, the term “ defendant” shall include persons known as “John L. Corsentino” and “Timi L. Corsentino.
As used herein, all wording presented in italics and underlined shall be representing the words of defendant.

INTERROGATORY #1
State your full name, present address, date of birth, Social Security number, name and address of your employer, the full name of your spouse, his/her Social Security Number, and his/her employer.
If answering on behalf of the Defendant corporation, state your full name and present address, office held with the Defendant corporation, Defendant's Federal identification number, and full name and address of the officers and directors of said corporation.
ANSWER:
Objection:
Interrogatory No 1 is objected by the Defendant on grounds that it seeks information that is invasive of the Defendant’s privacy, that it is personal, confidential and private, and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

Again: Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.

INTERROGATORY #2
Identify all persons known to you to have knowledge of any facts pertaining to matters set forth in this cause of action and for each such person, give his/her address and a synopsis of the nature, extent and basis of their knowledge of these transactions.
ANSWER:
Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.

Sorry John but you can't just deny it. Your response failed to properly respond and was not pertinent to the demand. You need to get real.

INTERROGATORY #3
State the name and address of each witness you may call to testify, either by way of deposition or in person at the trial of this case. State whether each witness is a factual or expert witness. If any witness is an expert, state his/her area of expertise, his/her qualifications as an expert in such area, the subject matter on which the expert is expected to testify, the substance of the facts and opinion to which the expert is expected to testify and a summary of the grounds for each opinion.
ANSWER:
Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.

Sorry John but you can't just deny it. Your response failed to properly respond and was not pertinent to the demand. You need to get real.

INTERROGATORY #4
If your response to any of the Requests for Admissions was a denial, or less than a complete admission, state all facts upon which you base any such denial or failure to admit.
ANSWER:
Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.
Sorry John but you can't just deny it. Your response failed to properly respond and was not pertinent to the demand. You need to get real.

INTERROGATORY #5
Give the specific factual basis which supports your defense.

Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.
INTERROGATORY #6
Do you admit indebtedness to the Plaintiff in any sum? If so, what sum?
ANSWER:
Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.

INTERROGATORY #7
State all facts which provide the basis upon which you have answered Interrogatory No.6.
ANSWER:
Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.

INTERROGATORY #8
Identify all documents which you believe support your defense to this action.
ANSWER:
Denied. Since this Interrogatory is another instance of Plaintiff’s ongoing violations of Defendants rights under the Fair Debt Collection Practices Act §816. FDCPA SECTION 809 Validation of debts [15 USC 1692g], Plaintiff has blatantly ignored defendant’s requests for account validation within the 30 day period described in section 809(b) of the FDCPA, 15 U.S.C. § 1692g, and continued to aggressively pursue collections in violation of Section 809(b) of the FDCPA, 15 U.S.C. § 1692, See Defendants Exhibit “A”, even after several instances of ID Theft which culminated in a letter from The United States Attorney’s Office. See Defendants Exhibit “B”,
Defendant is should not be required to reply to yet another illegal violation of the FDCPA. Because of defendant’s lack of knowledge due to this violation, defendant cannot formulate an opinion at this time.

FIA CARD SERVICES, N.A. FKA BANK OF AMERICA, N.A. (USA)

John XXXXXXXXXX
Tammy xxxxxxxxxx

By________________________________
Pro se

CERTIFICATE OF MAILING

I hereby certify that on this        day of              ,            , a true
Copy of the foregoing reply to Interrogatories
was
Mailed by certified mail to the Plaintiff xxxxx and xxxxxxx/
xxxxxxxxxxx at xxxxxxxxxxxxxxxxx Street, XXXXXXXXXXX
XXXXXXX, xxxxxxxxxx XX

                                                                                                                           _________________
                                                                                                                             John xxxxxxxxxx

John L. xxxxxxxxxx
Tammy xxxxxxxxxx
7 xxxxxxxxxxxx Road
Mxxxxxxxxxxxxx, VA

John, that's really funny. And at the same time it is also sad. You didn't respond to any of their interrogatories. You just spouted off the sme dumb response every time. It is a wonder the court didn't sanction you on top of it all. On the other hand, they just ignored your ignorance and filed for a summary judgment and you didn't object to that either. I really feel sorry for you, that you had to learn your lesson the hard way. Now there is nothing you can do but run and hide. Now you need to learn how to protect your assets and fight back that way and you had better do that real fast because the next thing that will happen is that they will demand garnishment proceedings and grab all the money you have in any bank account or any bank account on which your name appears whether it is your money or someone else's. They can come after any assets they can find including vehicles, tools, furniture and household items. You need to learn what they can and cannot do to you under both federal and state laws. You need to go to LAWDOG.COM WEB SITE
and learn from what they tell you.

I could have helped you if you had found out about me and my methods before all this happened to you. I can help you now but not nearly as well as I could have if you had became one of my students early on. As it is now you have to face the music. I don't face the music, I lead the parade. You could have too but now all you can do is hide and I can teach you how to do that too. But to get help you have to renounce all those silly ideas about UCC, 1099-OID, presentment, dishonor, A4V and all the rest of that nonsense.

Bill Bauer
Creditwrench
Creditwrench web site
(405) 237-2174
(405) 227-9423

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Ghost writers in the sky

2010-03-13T13:06:00.000-06:00

Ghost Writers in the sky.
An old judge went riding out one dark and windy day
Upon a bench he rested as he went along his way
When all at once a mighty herd of red eyed lawyers he saw
A-plowing through the ragged door and up the cloudy aisle

Their faces were still on fire and their shoes were full of crap.
Their horn rimmed glassess were black and shiny and their hot breath he could feel
A bolt of fear went through him as they thundered through the sky
For he saw the lawyers coming hard and he heard their mournful cry

Yippie yi Ohhhhh
Yippie yi yaaaaay
Ghost writers in the sky

Their faces gaunt, their eyes were blurred, their shirts all soaked with wet crap.
He's riding hard to catch that writer, but he ain't caught 'em yet
'Cause they've got to ride forever on that bench up in the sky
On judges and lawyers snorting fire.

Creditwrench is the author of Ghost writers in the sky.
(LOL)

As they ride on hear their cry

As the writers loped on by him he heard one call his name
If you want to save your soul from Hell a-riding on our range
Then judge change your ways today or with us you will ride
Trying to catch the Devil's herd, across these endless skies

Yippie yi Ohhhhh
Yippie yi Yaaaaay

Ghost writers in the sky
Ghost writers in the sky
Ghost writers in the sky

Cunningham and Steven Katz.

2010-03-12T08:35:00.001-06:00

Cunningham and Steven Katz.

billbauer

Senior Member

Location: Oklahoma City, Ok.

(405) 237-2174

Re: any experience with Dell.com debt verification?

Quote:

Originally Posted by MrGreen

So, anyone can appear on someone's credit report as an OC and report bad credit in someone's name, and has zero accountability requirements to any questioning? Pure and simple? They can simply ignore all debt verification requests, legally?

This sure seems to fly in the face of the intent of FCRA and FDCPA to me. But please confirm, is this so?

Yes, it is possible. Let's take a hypothetical situation. Let's suppose that I want to pull your credit report or put either an adverse or a positive report on your credit. I can do that if I join the credit bureaus and pass their membership requisites which are at least close to the following.
(1.) I have a store or an office in some office building.
(2.) I have a business telephone with a yellow pages listing.
(3.) I will submit at least 500 or more reports a month.
There may be other requirements that I'm not aware of however.

If I can't meet those requirements I can contract with someone else who can meet those requirements to allow me to piggyback my reports onto theirs. That way I can submit however many I want until such a time as I can meet the credit bureau requirements.
Theoretically speaking, I can set up a corporation and sell you a plan to send 12 or more reports to the credit bureaus, one a month, claiming that you are paying a loan I made you of whatever amount you want me to report. Say $100,000 for instance and that your payments are always on time and as agreed. You will pay me say maybe $300 a month to do that for you.

There have been many companies who have set up corporations to do just that and have succeeded in doing so. One of the most notable who at least claimed to be able to do that sort of advertised here for a short while was a company set up by Brandon Callier and Craig Cunningham of El Paso, Texas. They were also selling Authorized User trade line accounts back then.

They had formed a New Mexico non-profit LLC and were doing business out of El Paso, TX without having registered their LLC with the Texas Secretary of State. They also had not registered with the Texas State Attorney General's office as a credit repair organization and were operating out of Callier's home without having a City of El Paso business license.
Callier-Cunningham sued me for over a million dollars and among their ludicrous claims they said I had stalked Callier's wife and damaged their business reputation. Of course I had not done any stalking of anybody and even if I had they still could not bring that charge because only a U.S. District Attorney could bring such a criminal charge. The Texas State AG apparently agreed with me and their illegal credit repair scam was quickly put out of business and their web site suddenly disappeared from the internet about the same time. Needless to say, Judge Cardone also put their silly federal case out of business too once she learned the facts. (LOL).

Craig Cunningham recently got a big write up in the Dallas Observer telling how he now lives in a ramshackle house in Dallas and makes a killing filing lawsuits against debt collectors. Problem with that is that a Pacer search soon reveals that about 35 cases have been filed in Texas federal courts by persons named Craig Cunningham but only about half could possibly belong to this Craig Cunningham and there are other people in Texas named Craig Cunningham. That fits with the Observer story saying about 18 cases have been filed by the Craig Cunningham of the story. I've downloaded the summaries of all of them and it appears that he might have gotten a settlement in one case but lost all the rest. Of course, he usually attempts to file in Forma Pauperous so he don't have to pay filing fees. Quite a character to say the least.
Somehow another fellow named Steven Katz also got his picture prominently displayed just below that of Cunningham. Katz is denying any association with Cunningham but with a photo of him sitting behind a desk in a room filled with books and junk of various kinds including a radio of some kind that appears to have fallen off the overcrowded desk and hanging there by it's cord it is indeed hard to imagine how such a photograph would appear in a public newspaper if Katz had not agreed to its publication and most likely signed a press release in order for it to be there. If Katz had not posed for the picture and agreed to its publication he could easily sue the paper and win a huge damage award because upon publication in an article such as the Cunningham article the viewing public would automatically assume that the two must be closely associated.

Birds of a feather flock together type of association.
There have been some comments on both the ACA board (insidearm) and on Katz's board about the article but Katz isn't having much to say about it except one or two general denials of wanting anything to do with it or even comment on it.
Given Cunningham's history I wouldn't want to have shown up even remotely associated with him in any such newspaper story either.

But the answer to your question is that yes, anybody can put just about anything they want on anyone's credit reports if they want to without any proof whatever. They can do it by setting up their own accounts with the credit bureaus or they can do it by piggybacking with some shady debt collector who has an account with the credit bureaus and is willing to accommodate them for a small price. Doing that benefits the debt collector because it helps them maintain their quota of reports which they might not be able to maintain without selling to anyone who wants to piggyback with them for whatever reason, good or bad.

When it comes to the relationship between debt collectors and the credit bureaus we all know that one scumbag will lie and the other one will swear that it is the truth.

__________________
My Google Docs

Creditwrench Debt Validation Letter

2010-03-10T05:55:00.001-06:00

Creditwrench Debt Validation Letter

billbauer

Senior Member

Re: Just Got Letter - RJM Acq.

Quote:

Originally Posted by KreditKard

I read the back and fine print and I learned that I need to write them within 30 days or they assume that this is a valid debt.

I assume that you are going to pay me $5,000 for responding to your post too. I assume lots of things but just because I assume something don't make it true. Maybe, in lots of cases wish would be a more appropriate word than assume. But one thing I do know and that is that a duck knows something more than either a debt collector or a debt collection lawyer and that is where to stick his bill.

[quote] Do I just type up a short letter and mail it in? I would appreciate some advice on how to handle this situation. Is 2002 within the SOL for California? Thank you for your help.[/quote]

Statute of limitations in California is 4 years. A short letter? Yes, I like short letters very much. The shorter the better. I had a lady call me last evening and tell me about this great debt validation letter she got from somewhere. Five pages long. She said it had lots of great questions debt collectors have to answer. Problem with that is that nowhere in FDCPA does it give you the right to ask them anything at all. Of course neither does it say you can't ask them any questions but that is beside the point. The point is that asking them anything is pointless.
My debt validation letter don't ask them anything, it tells them what I want and what I want is all that matters to me. As far as I am concerned anything else is irrelevant.

As a matter of fact, my letter is now just 3 short paragraphs long and I'm thinking of getting rid of one of those. That first paragraph seems important but in reality about all it does is confuse many of those who attempt to use my letter. I think it would be better to just take it out entirely and get the job done with my DUH letter which is nothing more than a photo copy of the letter they sent me stapled to my debt validation letter. The other two paragraphs are also short and sweet. I just tell them what I want. I'm not interested in teaching them how smart I am. All I want to know is how smart they are. If I have to educate them then I'm going to make their education as expensive as possible for them. I charge at least $1,000 per lesson and more if I can get it. I got one lawyer I'm getting ready to teach pretty soon. Right now that lawyer needs about 5 or 6 lessons and the fight hasn't even got going good yet.

Now then, about that statute of limitations thing. Why are you even worried about that at this time other than as general information to be used at a later time? In the case of a dishonored check I'd say that the start of the statute of limitations would have started 30 days after the check bounced or maybe even when it bounced the second time. The statute of limitations runs until such a time as they file a lawsuit or it expires because of the 4 year limitation in California law.
So what does that mean to you? Does it mean that they can't continue to attempt to collect after the 4 years or does it mean they can't file a lawsuit after the 4 years has passed? Truth is they can do either one forever with no time limitation. Nothing in the law says they can't attempt to collect after the 4 years and nothing in the law says they can't file a lawsuit after the 4 years. But then nothing in the law says they can't go fly a kite or jump in a lake either. So the final outcome is up to you, not them. You have two choices. You can either use the Caspar Milquetoast method of credit repair and make the debt go away quite easily or you can take a much more agressive approach and quite possibly end up getting paid to teach them a few lessons they really don't want to learn. Its up to you but in either case I'd recommend starting off with a nice short validation letter accompanied by a DUH letter

__________________
My Google Docs site

Caspar Milquetoast method of credit repair.

2010-03-06T09:17:00.000-06:00

Caspar Milquetoast method of credit repair

The Caspar Milquetoast method of credit repair is used by the majority of Americans and is endorsed by all creditors, debt collectors and their attorneys as well as most courts, judges, credit bureaus, the IRS and almost anyone who deals with credit and debt issues. This remarkable concept is so popular because it's goal is to refrain from offending or antagonizing anyone under any circumstances. It demands that everyone pay anyone claiming that the consumer owes them money without protest of any kind. It does however allow the consumer to demand validation of the debt collector.

Caspar Milquetoast

was a cartoon character who first appeared in a series of cartoons in 1924 and was known for his great timidity. Caspar Milquetoast was so timid that he was depicted as almost running past a sign which said "NO LOITERING"

Caspar Milquetoast

was so timid that he would never express his opinion on anything and he certainly would not have gone to court to defend himself against a debt collector no matter how outrageous their claim might be. At most he might have demanded validation of the debt but even that would not be in keeping with his extremely timid character.

Caspar Milquetoast

Caspar would probably have much rather filed bankruptcy if that had been necessary in order to prevent having to argue with anybody over anything. The vast majority of Americans today rush to the bankruptcy court solution to their problems thereby
proving millions of times over the route Caspar Milquetoast might well have taken if his creator had put him in that kind of situation. Of course, Caspar would most likely never have gotten himself in such a position in the first place. More than likely he would have just paid up without a whimper.

Needless to say, this author does not recommend what he as envisioned as the Caspar Milquetoast method of credit repair might have been.

Capitol One didn't get paid.

2010-02-17T18:19:00.000-06:00

billbauer

Obviously you are not thinking about the possibility that Capital One just might be telling you the truth? The truth may be that they didn't get paid. The truth may be that the title company paid the court, not Cap1 and Cap1 may not have been paid because they weren't the true plaintiff therefore the court paid the actual judgment holder or their attorney. Attorney's most often want to get paid up to $2500 or more to take a debt collection case plus up to 25% of any money collected.

They garnish the debtor and the court pays the attorney who deducts his cut and forwards the rest to the true plaintiff who takes another whack out of the apple or keeps it all if they bought the debt which is usually the case although Cap1 usually don't sell their debts. They just assign them to TSYS or other debt collectors.

There is also the possibility that the judgment was sold to a judgment recovery company who actually collected the money and since it is now an old judgment it just might be that a judgment recovery company has purchased the judgment and is the party now collecting the new garnishments.

Please believe me when I say that those are not just empty guesses. I know exactly how these things work. First of all, Cap1 usually don't sue anybody. They hire debt collectors who sue in the name of Capital One. Cap1 is famous for having TSYS of Georgia do their collecting for them. TSYS has a subsidiary corporation known as NAN for National Attorney's Network. TSYS sends the debt over to the NAN office which is at the same address as TSYS. NAN hires an attorney to sue defendants. TSYS is the true plaintiff, not Cap1.

In the event they can't get any money they sell the judgment to a judgment recovery service for varying amounts of money, usually $10 to $20 per judgment regardless of how much the judgment is for. There is always a clause in the purchase contract that in the event of successful collection the purchaser pays a commission to the judgment owner of 50% of what is collected. It is done that way because if it were not done that way then the judgment recovery service would become a 3rd party debt collector and subject to FDCPA as well as being subject to getting hit with unauthorized practice of law and sent to prison. Since they ostensibly bought the debt they are now the owners and therefore not subject to FDCPA and if there is any court work necessary they hire attorneys to keep from getting hit with unauthorized practice of law.

So the question becomes one of how do you dig through all that rig-a-marole to get to the bottom of the dung heap? The answer is not that difficult. Go to the clerk of the court and ask to see all the paperwork in the original court case. Get copies of everything and take them home. Find out who the attorney was in the original case and check with them to see what might have gone wrong. Find out who the plaintiff really was. Check the paperwork to see if there were any affidavits presented to the court. If so check to see who notarized it and what state the notary was from. If the notary was from Georgia then you know there is a pack of rats feeding on the deal right from the start. One or more of those rats could be doing a bit of extra dipping into Cap1's till. Nothing unusual about that.

Another clue is how is it being reported on your credit reports if it still is. If Cap1 reports a zero balance and some other rat shows up trying to collect the debt then you have a start on the paper trail. Getting to the bottom of the mess and going after the culprit isn't easy but it can be done. Several of my wins in federal courts have been the direct result of TSYS and others filing false and fraudulent affidavits in various local courts. If they present a funny affidavit then that is providing false and misleading information to a consumer and actionable under FDCPA. TSYS is the easiest to catch at their dirty tricks but others can take some real investigative work.

Meanwhile, back at the county clerk's office ask to see the garnishment records and the payment records of the court on that garnishment. Tell the clerk you already paid that garnishment through the Title company and who the title company was. Tell the clerk that you are getting garnished all over again and you want to know who the garnisher is and where the money is going. If they try to tell you they can't give you that information take it to your state AG and file a complaint against the clerk of the court. All the information the county clerks have is public information and cannot be denied to the public. Find out if there was a satisfaction of judgment filed when the title company paid the judgment off.

Before you start digging go to Wal-Mart and get yourself an Olympus WS-311-M digital voice recorder and use it. Take a friend or adult family member with you as a witness. Keep a careful written record of everything that happens every step of the way. Keep those audio recordings too. When you get to the bottom of it all then start looking for your 3rd party debt collectors and learning how to make them pay you for their skulldoggery and dirty tricks.

2010-02-11T11:59:00.000-06:00

bill bauer

Quote:

Originally Posted by apexcrsrv

No, where "I" practice law (TN) isn't much different. However, I have a law firm (completely separate and distinct from Apex Credit Services, LLC, of which I am still managing member (not the whole corporation as some portray it)), am in court almost every day and albeit unfair with respect to self-represented litigants, simply being a lawyer stops the B.S. Hate to say it but, the legal community does not care much for pro se litigants insofar as "generally" they have no clue as to what they're doing

That is unfortunately absolutely true. To make matters even worse, far too many of them try to use fringe lunatic arguments such as trying to claim that the banks can't loan credit, can't loan their own money, and yada, yada, yada ad infinitum ad nauseum. One 'researcher' I know quite well argues that since large banks are not registered with their local Secretary of State they have no standing to sue. Of course that is ludicrous because large banks cannot be incorporated. That is specifically spelled out in Title 12. They are associations and therefore allowed to carry the N.A. designation. Only Nationally Associated banks and credit card banks can use that designation.

Another one that I just got informed about yesterday is that in mortgage foreclosure cases use of a copy of the note instead of the original note itself constitutes counterfeiting and is a felony offense. Now there is a wild theory for you. The idea of Notary Presentment and A4V (Acceptance for Value) is another. The list of such theories would fill a book and of course both judges and attorneys and the IRS have to deal with all the noise and tripe. No wonder they make short shrift of so many pro se litigants.

I also get a bang out of those who proclaim that they are only before the court as a special appearance and therefore the court has no jurisdiction or power over them. Then there are those who use SUI JURIS instead of Pro Se in their pleadings.

Quote:

(unfortunately, I can say the same about many attorney's) substantively, procedurally, and even if they do, they just can't put on a trial.

I get a bang out of attorneys who pray the court to do something for them. Since when did a court of law become a church? Maybe they do that in their capacity as religious nuts. Problem is that the Lord wants religious fruit, not religious nuts. (LOL)

Quote:

With that said, I still advise pro se litigants to file in state trial level courts.

You do make your valid points but my thinking is that if they think they must file in local courts rather than federal then maybe they would be better off not filing in the first place. [quote] Federal court procedures; i.e., 26 disclosures,[/qoute]Are you speaking of Rule 26 disclosures here?

Quote:

scheduling orders, etc., is simply too much to digest for non-lawyers UNLESS you have alot of time on your hands.

True again in most instances but if you have enough experience under your belt then you can have a full blown and properly prepared case all ready to go in an afternoon with no problem. For instance, the following cases:

(1.) CV-00123-RP-TJS
(2) CV 05-J-2360-S
(3) CV-06-C-1579-S
(4) CV-06-PWG-0568-S
(5) CV-04-P-0626-S
(6) CV-06-1577-S
Are all cases won by a man whom I will refer to as Mike who first contacted me in 2000 about a case where a former employer was trying to collect on Mexican income taxes Mike had agreed to pay while employed in Mexico by an American firm. That in itself is a fairly long story but ended up with Mike taking the debt collector to federal court. We conferred many times about this and all of his other cases. When he filed his first case he had no clue as to how to proceed. We have had many discussions about his various cases and others he has also won in local courts. He has never lost a case. I have audio recordings of many conversations about his cases to prove what I am saying.
Mark is another pro se litigant who is currently in court with Sallie Mae in an FCRA case Mark has won 3 cases in Federal court in two different states. Mike's cases span 3 states. I've been involved in long conversations with Mark as well and as a matter of fact spent a half hour or so yesterday talking with Mark about his Sallie Mae case. Mark and Mike both know each other and have also conversed between the two of them and all of us work together to make sure that no mistakes are made. Another Pro Se litigant that has had great success is Larry from Florida. I have no idea how many cases he has filed and won but Larry also gets involved in our group discussions quite often.

Another person from Florida who is a sometimes poster on this board calls himself Retnec and has listened in on many of our conversations, usually on Friday nights. So far the total number of case filed and won in federal courts by members of our group totals 172 cases with never a loss. Retnec is currently helping me set up my Filezilla server system so group members can upload and download files we are working on. We have been spending as much as 3 to 5 hours on the phone working out the bugs for the last week or more. Pro Se litigants trying to file cases in any court, let alone federal courts indeed have a tough road to travel but when one has a support group with many people who have been there and done that helping guide them through the pitfalls then it becomes an entirely different matter. The research done by other members of the group can be preserved and made available to new comers to the group. I'm bringing a lot of our research, links and helps to this forum by posting them on my Google Docs pages and my Google Sites pages. The list of links to valuable research resources is growing by leaps and bounds and even those pages are getting very lengthy as time goes on.
We also work closely with Dr. Frederick Graves of Jurisdictionary. Dr. Graves is a retired Florida attorney and his insights help greatly. Dr. Graves has also practiced before the U.S. Supreme Court on many occasions. Anyone can easily find Dr. Graves on the internet and call him up and ask him if he knows me. He has a private Monday night conference call for his Chapter leaders and I am always on his calls. So far there are 68 chapter leaders in his group scattered across the nation as well as in Canada and Puerto Rico. I was the first chapter leader he ever had by special invitation. Richard Cornforth is another great researcher and has contributed greatly to my education. I am one of his information providers as is Larry whom I mentioned earlier.

Yes, as you say, going it alone isn't advisable but when you have a massive support group behind the scenes helping and guiding then it isn't much of a problem.

Quote:

This has been compounded since the Twombly ruling inasmuch as District Court judge will simply grant a MTD unless the Complaint is perfect.

While that may be true, Twombly's thrust was mainly in the fraud arena and dealt mostly with securities cases while FDCPA and FCRA type cases are basically civil rights cases. Twombly's thrust was against failure to plead with particularity and failure to show that there was more than a reasonable expectation of the plaintiff having a valid claim against the defendant that could be proven. Against conjecture in other words Conjecture that one or more of the defendants might be 'control persons' having delegated authority to act for the defendant corporation. Our types of cases always have a solid proof of misdeeds on the part of the defendant which are well documented and easily proven so Twombly shouldn't have much effect in federal courts where they very well might ih local courts where judges routinely rule just about any way they want because they know they have Pro Se litigants before them who have no idea what the law is or what the law says, who it applies to or under what circumstances.

Lawyers often pull the same stunts, quoting laws or decisions that have absolutely no bearing on the case at hand. They often spout off a bunch of crap knowing the judge is likely to believe almost anything they say and accept it for gospel truth. They get really frustrated and angry when a Pro Se who has done his homework proves to the court that the lawyer is nothing but a fool and a clown.

Admitted that such things don't happen all that often but they do happen so Pro Se litigants need to know how to research their cases and leave no stone unturned.

__________________

Finding a competent attorney

2010-01-29T08:52:00.002-06:00

Finding a competent attorney

Creditwrench blog

Quote:

Originally Posted by equinox308

may be as many great lawyers out there as infamous ones

I tend to think that is probably
quite true[/quote]...to that point I would like some suggestions for
finding a great lawyer in my area for a consultation of my case(s)
dealing with creditors/collectors, and possibly an incorrect Judgment
against me. Also I'm hoping this attorney can help me back on the right
track to repair my credit and settle any bad outstanding ones as well.
Thanks for your time and feedback..[/quote]I seriously doubt that you
will be able to find an attorney willing to help you with repairing
your credit. If one did and was not properly licensed as a Credit
Repair Organization they would be in violation of CROA, Even if they
did help you with credit repair they could not ask you for any money
until 6 months after the work had been performed or they would also be
in violation of CROA. Although I can't remember the name at the moment,
I've seen an attorney here in this forum advertising his services as a
credit repair expert. He also does a thing called Authorized users that
is somehow supposed to drastically improve your credit ratings. Trying
to get just any attorney not properly licensed and set up to do those
things would not be a good idea.

One of the first things you need to do before seeking legal counsel is
go to the courthouse and pull your public record then ask to see the
files on any judgments or lawsuits you might have against you. Get
copies of all the paperwork in the file(s) so you are ready to talk to
an attorney if you find one.

Once you have an attorney in mind you should check his/her public
record in the same way you check your own. Look to see what kinds of
cases s/he has handled during the past year or so and what happened in
those cases. How many of them are similar to your case and problems and
what the outcome of those cases was. Did your prospective attorney win
his/her cases or lose them? It is highly unlikely that any attorney
will have won all the cases he participated in but you would certainly
not want to hire one that had no experience with situations like yours
or has a poor record of winning cases.

If you are lucky enough to live in a state or county that has all of
it's court records on line like we do here in Oklahoma that will make
your search much easier and much less time consuming. Just because an
attorney talks a great line and claims to be able to help you is
meaningless. It is their public record of winning or losing cases that
counts. They can't change the facts on record. A great sales pitch
might claim one thing but the public record might tell an entirely
different story.

Hiring an attorney without knowing what his public record has to say
about him is not a wise thing to do. Finding an attorney is easy,
especially in larger cities. Finding an attorney competent and willing
to work for you is an entirely different matter. There public record
will reveal the truth about how experienced they are and how competent
they are.

I wish you the best of luck finding a competent attorney. You are probably going to need it.

billbauer

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Toxicass SpeedFollo.ws Profile

2010-01-18T07:16:00.001-06:00

Check me out on www.mysexydevices.com

From: http://ping.fm/ud4pg

Mobile post sent by creditwrench using Utterli. Replies.

Supreme Court on bona fide error defense.

2010-01-14T11:42:00.001-06:00

Debt collection professionals are preparing themselves for two U.S. Supreme Court opinions – one challenging the safe harbor clause for bona fide errors in the Fair Debt Collections Practices Act (FDCPA) and another which questions if a government backed student loan can be discharged through bankruptcy. Some industry observers say the outcome of both cases could have far reaching implications for some or most debt collection professionals.
Oral arguments in the case of Karen L. Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA and Adrienne S. Foster, which challenges the bona fide error defense for ARM professionals, are set for January ("U.S. Supreme Court Oral Arguments Scheduled for FDCPA Case," Dec. 8). Earlier this month, the Court heard arguments in United Student Aid Funds, Inc. v. Espinosa, a case involving the discharge of federally-backed student loans.
As issue is whether a debt collector's legal error qualifies for the bona fide error defense under the FDCPA.

Lawyers for Jerman are suing Carlisle, McNellie, Rini, Kramer & Ulrich for violating the FDCPA when it attempted to foreclose on her home. The Ohio firm required that Jerman prove in writing within 30 days that she had paid her Countrywide Home Loans mortgage; otherwise the debt would be assumed valid. Countrywide is now owned by Bank of America. Jerman hired a lawyer to meet the Ohio firm’s written requirement, but FDCPA law does not require consumers to challenge debt claims in writing.

The Ohio firm, which specializes in real estate and foreclosure law, admitted that in its 2006 validation notice to Jerman it intended to require she dispute the claim in writing. But the law firm said it did not know that the FDCPA did not require a written dispute. After Jerman sued, the firm argued that it should not be held liable because it was an unintentional or “bona fide error” and has safe harbor protection under FDCPA.

Jerman’s lawyers have asked the court to decide if a debt collector’s legal error qualifies for the bona fide error defense under FDCPA. They contend it does not and want the court to conclude that the bona fide error defense is “categorically unavailable for any mistake of law.”

Attorney Kevin Russell argued for Jerman while George Coakley represented Carlisle, McNellie, Rini, Kramer & Ulrich. A PDF transcript of the arguments is available on the Supreme Court’s web site.

According to Courthouse News Service, Justice Stephen Breyer, Chief Justice John Roberts, Justice Ruth Bader Ginsburg, and Justice Sonia Sotomayor were the most active jurists in questioning the arguing attorneys.

Tweetup :: Jurisdictionary club meeting (via @creditwrench) #twtvite

2010-01-11T08:49:00.001-06:00

Tweetup :: Jurisdictionary club meeting (via @creditwrench) #twtvite

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Validation and what it consists of

2009-12-17T12:06:00.002-06:00

cap1sucks

Quote:

Originally Posted by ashriot

My response would be when I go through each of the numbered items in the paperwork I received and either admit, deny, or state that I'm not sure? They all seem correct to me, but some of the dates, I'm not sure about.

Seems like the logical thing to do, don't it? Problem is that admitting anything is just begging for the judge to bang his gavel and get it over with as quickly as possible and judges are all too happy to do just that. I can't give you legal advice because I'm not an attorney but if it were me I'd deny everything and see if I could make them prove everything.

Quote:

Second, what is a demand for admissions?

It is a list of things you want them to admit such as admitting they don't have any accounting of the debt or no agreement or any number of other things. I already have a list of demands made up just in case I ever get sued. My list consists of 44 things I'd like them to either admit or deny.

Quote:

And as far as I know, I've never been contacted by Ferris before, so how should I go about demanding validation?

Validation letters should be kept very simple. About all you need is a statement about how you found out about her, maybe the case number and tell her that you dispute the debt and demand validation. Anything else is probably superfluous and would serve no useful purpose.

Quote:

Is it validation that she is in control of this case

I'm quite sure she thinks she is but it is up to you whether you want to accept that or whether you want to take control of the case. If it were me I'd be taking control of the case one way or the other whether the lawyer liked it or not. And of course they wouldn't like that at all. After all, lawyers are just practicing law. I don't practice law so it is up to me to teach them a thing or two they didn't know before if I can. If I want to win I've got to be better than my opponent.

Quote:

or validation that she is legit?

What difference does that make? Whether or not her parents were ever married has no bearing on who wins the case. I couldn't care less. (LOL). No, validation means they must fully and completely prove the debt. (See Fields v. Wilbur Lawfirm 7th Cir Ct of Appeals). Judge Kenneth Minh spelled it all out for the debt collectors. He told them in one short paragraph exactly what was required of them when they reply to a demand for validation. Many debt collectors and pro se litigants alike seem to think that was all stated in Spears v. Brennan (7th Cir. Ct. of Appeals) but that was not the case. In Spears Judge Kenneth Johnson only stated what must be present in the initial contact with the consumer. He only quoted that which is to be found in 15 U.S.C. 1692(g)(§ 809)

Quote:

Again, thank you very much, just a response alone made me feel better as this whole situation is stressing me out.

Why should it? I understand that you are frightened because you don't know how to prepare the paperwork and fight the case to the bitter end but its up to you to learn. This stuff isn't rocket science and you should have started learning back when you knew you were going to default and even long before that. Yes, I know, we all think it isn't ever going to happen to us until it does. We also are trained to think that if we get into legal trouble all we have to do is go find a lawyer and let them take care of our problems. What we are not taught is what to do when that don't work or we don't have the money to pay them. Elementary legal education including a comprehensive study of our Constitution(s) should be required of every child from at least the 5th grade on up through college. That education should also include basic money management courses. That wasn't provided to you and you probably never thought you would need it anyway so you can hardly be blamed for that. But now push has come to shove and you are under the gun. You only have a few days to learn what you should have been studying long before this.

__________________
Cap1sucks links page

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

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

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

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

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

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

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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

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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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Debt Collectors going bankrupt

2008-12-15T09:07:00.000-06:00

Debt collectors are going broke by the droves. Junk debt buyers are especially prone to going broke because they have a heavy investment in debt but debtors are less and less able to pay. That situation will worsen dramatically as America goes into the throes of a deep economic depression that is well underway. As junk debt buyers go belly up throngs of debts will end up being forever uncollectable because there will be no records left to collect on. Many lawfirms who also depended on the collections industry will also go broke for lack of business and income. Lawyers and paralegals alike will have to find other legal fields to go into or go out of business as well.
Another beneficiary of the depression is likely to be our court systems as their workload goes down. Hopefully that will equate to lower taxation needs too. Pensioners will be getting an increase of about 10% starting in January. That coupled with rapidly declining prices at the retail level should put them in good shape which goes to prove the old axiom that every dark cloud has a silver lining.

Debt collector closes down By Jonathan D. Epstein

NEWS BUSINESS REPORTER A Buffalo bill collector has abruptly shut down and laid off all 73 employees, after the company president said cash flow woes left it unable to continue operating.

Elite Recovery Services, located on Great Arrow, closed on Thursday, sending its workers home suddenly without severance pay or any other benefits.

Company president and CEO Richard C. Corica said Elite shut down because of “economic reasons,” although he did not elaborate. He said the company, which buys credit card debt and tries to collect on it, did not file for bankruptcy and is not struggling to pay debts, but its expenses are higher than its revenues.

He said management is negotiating with an unidentified third-party to try to save the company, but would not go into more details about the discussions or the third party. He cited the confidentiality and sensitivity of the talks. “I’m hoping some other solution can take place. I hope something can be recovered,” he said in an interview. “We’re negotiating, trying to save it, to make sure there’s the capital to make sure this thing can work.” He said he hopes to know by early next week whether the effort is successful. If not, he said, he might even be able to pay the severance the workers may be owed. “We’ve always been very fair to our employees and paid them for the hours that they’ve worked,” he said. “Outside of that, there’s nothing I can say until I know the final result.”

Elite is the second locally based debt collection firm to shut down abruptly in recent weeks, after First American Recovery Services in Amherst filed Chapter 11 bankruptcy last month. It cited a slowdown in payments from consumers and the decision by its lender to shut off a credit line. jepstein@buffnews.com

Garnishment against pensioners is illegal.

2008-12-12T11:39:00.000-06:00

Subject: Capitol One Credit Card debt from 2002Question: QUESTION: I have just received a letter from my bank here in NY that my checking account funds are being withheld, and a copy of the Restraining Notice and Judgment for a Capitol One CC debt from 2002 when I lived in Florida. The account is a direct deposit $459.00 pension account only.

I immediately called the banks legal department and then the collection company and spoke to the attorney there who is handling my case. I explained to him that I paid on that CC only the charges that were mine and not the charges that were scammed by someone other than myself or anyone I know, and the charges were dismissed against me. However, he claims that I now owe for those charges, plus all the late fees since 2002. The amount of the charges were less than $1000 and the total debt is now over $6000. I shredded all my paperwork from Florida when I left there and do not have any proof of the CC statements. Big Mistake!

I relocated back to New York State in 2002. I am 65; retired in 2000; divorced in 1991 and pay QDRO from my pension to my ex that leaves me with a $459/month pension; have no real property; a 1996 Blazer with 135,000 miles in fair to poor condition; rent apartment with a 72 yo female companion where we share the expenses.

Any advice you can give me would be appreciated. Thank you.

ANSWER: That's a tough one to say the least but it also can be turned into a great benefit to you. They have illegally garnished your pension funds. They can't do that. It is against the law for them to do that and you can make them return all the money and pay dearly for having done it. You have to file in federal court but you can do that for free by filing in forma pauperous. Of course, when you win you will have to pay the filing fee of $350 but you can make them pay that for you on top of having to give back all the money they took. You might also be able to include the bank as a co-defendant although I wouldn't guaranteed that. After all, they were an accomplice to the act. They obeyed the court order and knew or should have known that they could not legally allow that to happen.

The lawyer and the plaintiff would have to pay you some heavy damages and attorney fees as well. You can also make them vacate the judgment and garnishment proceedings that allowed it to happen to ensure that it don't happen again. And you can learn how to do it without hiring a lawyer to do it for you. That way you get the attorney fees as well. You should end up with at least a couple of thousand or more on top of getting all your money back.

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

QUESTION: 1) Should I contact the collection company and tell them what you have advised me?

2) Should I contact my bank also?

3) Can I use the entire question and answer in my contacts with the collection company and my bank?

Thank you.

ANSWER: Should you contact the collection company? Absolutely not!
Should you contact your bank? Yes! Tell them they had no right to have complied with the garnishment order and you demand your money back. If they refuse then tell them to expect a summons to federal court.

Entire question and answer? I don't follow you there.

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

QUESTION: Just wanted you to know, with the advice you gave me, before I received your last reply to my 3 questions, I corresponded with my banks legal department and the managing officer of the collection agency.

That same day, the agency sent my bank a release on my account. Wow!

My question is, what can I do to get the judgment removed?

Thank you so very much.
Answer:
click here to enlarge That's going to be much more difficult and maybe impossible. The first question has to be how long it has been since the judgment was filed?
There are probably several more questions that will have to be answered but in the end the only possibility of getting the judgment removed will most likely end up with your having to file a federal lawsuit against them. In the first place, Cap One probably didn't file that lawsuit against you even though they were named as the plaintiff. If that is true then a 3rd party debt collector working on assignment for Cap One was the actual plaintiff. Of course, the lawyer that filed it was also a 3rd party debt collector. I'm wondering whether or not there was any affidavits filed with the court. If so that could well be the way to develop one or more causes of action against the lawyer and the debt collector. If we can figure out a way to get them into federal court then it is highly likely that we can force them to remove the judgment as part of the settlement agreement. You still have a cause of action against the debt collector and the attorney for an illegal threat to garnish your pension. That may very well be the strongest cause of action you will be able to get. You can file in forma pauperus since you are on a pension. If you win you will have to pay the filing fee but you can make them pay it to you before you have to pay it to the court. That's $350 and I've never seen a case where that couldn't be arranged. You very well could come out of this with a nice cash settlement as well as getting rid of the judgment. And you won't even need to hire a lawyer to do it yet you can get paid the same as a lawyer would get. That's several hundred more dollars in your pocket.

Creditwrench student from Tulsa, Ok tells about his win in court.

2008-12-06T17:51:00.000-06:00

A creditwrench student from Tulsa, Oklahoma tells how he won against a prominent Tulsa lawfirm in Tulsa County Court. There were two contributing factors to his win. He had been served with a summons and complaint but was called out of town for an extended period of time and could not reply to the plaintiff's discovery demands. When he returned he found that the plaintiff had filed for judgment based on his failure to respond to their discovery demands. He filed a response requesting more time to answer explaining why he had failed to respond, mailed his response to the plaintiff and at the same time sent his own demand for admissions. When he went to court the plaintiff dismissed the case. This was probably due to the fact that the plaintiff could not meet the defendant's demand for admissions of fact.

Listen to the words of the Tulsa, Oklahoma man as he describes what happened on the Friday night conference call for December 5th, 2008

Newspaper by Creditwrench

2008-12-01T09:02:00.000-06:00

If you aren't closely following the Creditwrench message board this is just a small sample of what you are missing.

Statute of limitations.

2008-11-28T14:18:00.000-06:00




	My mother co signed on a car loan that got repoed in 1999. The collectors are still trying to collect this debt. She has received 3 different calls from a law agency stating the were going to file something here in hillsborough county courts against her and I for the loan that in 2 months will be 10 years old. Is there a time limit they stop, or legally is there anything that can happen to my mother regarding this loan. She has a home, I rent. Neither one of us are financially set enough to take care of this debt, which some how went from 7,000 - now 12+,000
	click here to enlarge If I were you I would beg them to sue me. I'd even write them a letter certified mail return receipt requested begging them to sue me. Did they just call on the phone or did they send a letter saying that they were going to sue you? Or did they send any letters at all? If they didn't I'd wait till they called again and then I'd tell them to send me a letter. I'd hope that letter told me they were going to sue me. I'd hope their letter had some other violations too. But I'll bet they won't send you a letter telling you they are going to sue you. Not likely they would be that stupid. I'd just sit tight and try and get that letter first. Answer any calls and have your mother do the same. Record them and fix her up so she can record any calls too. I'd get the 18 questions to ask debt collectors every time they call which you can find at and print them out. Give your mother a copy too. That will soon put a stop to their phone calls but in the process of their calls I'd be sure to beg them to sue you every time. Here is why. That debt is way outside the limits of the statute of limitations. Filing a lawsuit would put them in violation of FDCPA because they misrepresented the legal status of the debt. Then I would keep a close track of my public record at the courthouse and if they keep the court dockets on the internet that would be easy to do. You can call up the clerk of the court and ask if you can check the court dockets on line. If not I'd go down to the courthouse about once a week to see if they filed a lawsuit on me or your mom. If they did I'd immediately prepare a motion to dismiss, order of the court, notice of hearing and certificate of mailing. I'd go file the motion then take the notice of hearing to the judges office and get a hearing date set. I'd also prepare a validation demand letter and a demand for admissions and send all of it to the lawyer's office by certified mail return receipt requested. I wouldn't wait for the sheriff to come knocking on my door. I'd do that long before he ever got me served. Then I'd go home and prepare my federal case against the lawyer and the debt collector and then go file that in federal court. Somebody does that to me and they will soon be wanting to know how much it is going to cost them to get me to go away and leave them alone. If my mother were still alive I'd wait until my case was over and done with then I'd have my mother go file the same case in her own name and she would get paid too. That's what I would do. So what are you going to do? Why not get on my conference call this evening and find out how easy it is to do that. You can talk to some of my students who have filed cases on lawyers and debt collectors and won. Some of them several times. Not one of my students has ever lost a federal case yet and you won't lose the local case either if you let me teach you how to win. The call starts at 7:00 P.M. Central time. The phone number is 1-712-432-1601 and the pin number is 598548 followed by the # sign.

How to win a lawsuit against all odds.

2008-11-27T10:00:00.000-06:00

Questioner: Richard
Subject: Court Summons
QUESTION:

I have received a real summons from the superior court of San Diego from Atlantic credit and finance inc and they filed through an attorney in San Francisco. the papers look legit with a file date and i confirmed the case with my superior court with the case number and it has been filed.

it says i should respond in 30 days (filed on 11/6/08) by written response and have a copy served on the plaintiff and it must be in proper legal form if you want the court to hear my case. what should i do? i tried looking for the proper form to use on the San Diego superior court website but i couldn't find the proper forms and i don't know how to get a copy served to the plaintiff. is it too late to send a letter to the collection's agency to validate the debt? and how do I respond to the court?

ANSWER: Yes, it is too late to send a validation letter to the collection agency but the lawyer is a 3rd party debt collector and you should send the lawyer a validation demand. You need to also respond to the summons and send a copy of your response to the attorney accompanied by a certificate of mailing and your demand for admissions and do it all at the same time. Send it certified mail return receipt requested.

You can learn much more about how to do that by listening to my talk radio show which aired this evening and every Monday evening at 9:00 P.M. central time. The shows are always archived at as are many of my training videos.

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

QUESTION: so let me get this straight, i shouldn't send anything to the collections agency at this point and just send to the lawyer and court right? how should I respond to the summons and the lawyer? do you have any sample letters for these?

Answer:

Letters get no respect in a court of law. Courts use a special format for all documents. Everything has to be double spaced and follow their rules of procedure. Everything must be prepared in a certain way. Not only that but you have to know how to win or you will lose every time.
You have to know what the other side will most likely do in response to what you do or don't do. If you don't have experience behind you everything you think should win will lose every time. Even though so called sample letters and sample documents are all over the internet those who use them still lose for a multiplicity of reasons. They were sent at the wrong time or they were used in a court of law with different rules of procedure or evidence or they were written and used because somebody thought they had a cute idea that would catch the court or the plaintiff's attorney off guard. Often they quote laws or court cases that have not been used for decades. Some are nothing but junk legal theories. Many people are angered because of how the plaintiff or a debt collector treated them and they believe that the judge ought to be as outraged as they are but judges couldn't care less. Judges aren't there to pat you on the back and wipe away all your tears. Defendants lose almost every time unless they know something the other lawyer don't know or isn't expecting them to know. You can't take bare feet and bare knuckles to a gun fight and expect to come out alive.

No, you shouldn't send anything to the collection agency. It is out of their hands once they turn it over to an attorney. So what does it take to win? You must know the rules of the court system. You must anticipate what the other side is likely to say and do before they do it and be prepared to beat them at their own game. You also have to know how to punch them out and win even though they win the first time around. Just because the judge says its all over don't necessarily mean that it is. It isn't over until you give up. You have to know how to fight back and be willing to do it no matter what. That is what Creditwrench methods teach you how to do. How to stand up, fight hard and win against all odds.

Powerful Pro Se Pleadings

2008-11-24T23:30:00.000-06:00

Tips & Tactics

Powerful Pro Se Pleadings ...

The missing piece in most pro se lawsuits is powerful pleadings ... a mistake even seasoned lawyers frequently make.

Your lawsuit stands or falls on its pleadings ... the "Complaint" if you're the plaintiff, the "Answer" if you're the defendant.

Then, of course, there are counterclaims, cross-claims, third-party complaints and answers to each of these, also. It's really quite simple the way Jurisdictionary explains it, but it's also extremely important to get it right when starting out!

Whether you win or lose depends primarily on how well you write your pleadings ... i.e., the part of your paperwork that states what your case is about, what you intend to prove, and what you want the court to do if you prove all the facts you say you will prove.

It's amazing how many people (including seasoned lawyers) do very little to pump-up their pleadings with persuasive power. Most of the pleadings you see are more like letters to the judge, rather than effective statements of the litigants' right to formal redress of their grievances.

Pleadings should state the legal grounds for what you want the court to do, and they should state the facts you intend to prove to show the court that you're entitled to the relief you seek.

That's what pleadings do!

Plaintiffs must state at least one "cause of action" plus all facts that support each cause. A cause of action is the plaintiff's right to sue. Every cause of action requires that certain facts be proved. The plaintiff's pleading, therefore, needs to state all the facts that he or she intends to prove ... all of them and nothing more!

Defendants must file what we call affirmative defenses along with their Answer to the plaintiff's Complaint. Affirmative defenses are something like causes of action. They are the legal grounds the defendant is relying on to show the plaintiff should not win! Though professional lawyers rarely go beyond just stating the affirmative defenses, wise defendants also allege all the facts necessary to establish each affirmative defense. (Lawyers aren't taught how to do this in law school, and the average judge hasn't a clue!)

Please don't treat pleadings as narrative "letters to the judge". It is extremely important to file pleadings that show:

All the laws that dictate you should win, and

All the facts you intend to prove to trigger those laws.

Every law depends on certain facts, but unless the facts and the law (cause of action) are clearly stated in your pleadings, your case starts off on a weak footing.

Why give the other side any help at all?

We can't teach you everything you need in these weekly Tips & Tactics newsletters.

There's much more you need to know if you want to win!

Get our 24-hour Jurisdictionary step-by-step self-help course.

Why risk losing?

Overcome courtroom corruption with our popular, 24-hour step-by-step Jurisdictionary self-help course.

Order NOW ... before the price increase!

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5-hour video CD simplifies the process of litigation

2 audio CDs present practical tactics and procedures

15 in-depth tutorials on a 4th CD lay out the basics

Free laminated EasyGuide to the Rules of Court

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Your only cost is the price of our affordable self-help course.

Our motto is Justicia Omnibus... "Justice for All"

Email us for more information or visit the link above.

Be sure to listen to our Creditwrench Friday night conference calls which start at 7:00 P.M. Central time. The call in number is (712) 432-1601 and the pin number is 508548#. You can feel free to join in the conversations and we will be happy to discuss your situation.
You should also listen to our regular Monday evening Radio Talk show by clicking on the widget in the left hand column. If you would like to be a guest on the show you can do so by calling me at (405) 237-2174 or (405) 227-9423. The shows are all pre recorded. You can also find a widget on many other web pages throughout the internet. Each show lasts for one hour.

visit our messag forum which is one of the best research sites on the internet

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We need a lawyer

2008-11-17T08:58:00.000-06:00

Open Question

We need a lawyer for a credit card dept- credit card is suing? What type of lawyer?

What type of lawyer should I look for? My husband is getting sued by a great card company- we have been fighting with them for sometime and they just sent us a paper that they are suing us.

Answers (1)

by creditwr...

You need a lawyer like you need a new hole in your heads. The reason is that you don't have a defense so the best a lawyer can do for you is to try to make a settlement offer to the plaintiff. That offer will probably end up being somewhere around 80% of the amount they are claiming. The lawyer will want about 10% of that amount as his fee for doing it. If you don't have that amount of cash then the plaintiff will either refuse to settle or will want a stipulated agreement which they will quickly turn into a judgment and you are hung out to dry with no chance to fight about it later. Miss one payment and you are right back in the fire all over again.

Instead of letting lawyers do that to you learn how to win yourself and maybe even get paid for doing it. Learn how to respond to their complaint and how to win in court without lawyers. Learn how to catch them violating the law (which they have already done if you only knew it) and take them to federal court where the only question before the court is whether they broke the law or not and of course they have and you can prove it. They will be in the same shape in federal court as you are in the local court system. Listen to one of my students on my radio talk show for tonight (Monday, November 17th, 2008 which is already posted on my website at http://www.creditwrench.tv and he will tell you how he won 3 cases against a debt collector and only had to file one case to win the other two. He never had to even see the inside of a federal courtroom or face a judge at all. One trip to federal court was more than enough for the lawyer who had filed 3 cases against him. That lawyer didn't want to go through any more of that. He knew he was beat before it even got started. You can do the same thing. You can win in federal court even though you might lose in local court and in the course of settling the federal course you can make them vacate the lower court case and pay you in the process.

So why do you need a lawyer when creditwrench can teach you how to win and make it all go away?

http://www.creditwrench.com

http://www.creditwrench.tv

http://consumers.creditwrench.com

(405) 237-2174

(405) 227-9423

How to lose a lawsuit

2008-11-10T09:08:00.000-06:00

Questioner: Karen
Subject: Cresit card lawsuit
QUESTION:

A lawyer has sued me on behalf of JDB for a credit card debt. SOL not expired. I Answered the court and attorney with a General Denial that wasn't sworn.I just read this needed to be sworn. Is it to late to resubmit a sworn copy ?

How long do I have to request Discovery from Plaintiff ? No dates have been given to me by the courts and I only see it has to be done during the discovery period.

Plaintiff hasn't responded to my request for validation ,as allowed by FDCPA. Even though they have filed lawsuit and placed this on my credit report. Would you suggest filing a Motion to compel since they haven't shown any of the documentation requested prior to validating the lawsuit ? or Filing for Discovery ?

Thanks in advance for any suggestions, K

ANSWER:
A lawyer has sued me on behalf of JDB for a credit card debt. SOL not expired. I Answered the court and attorney with a General Denial that wasn't sworn.I just read this needed to be sworn. Is it to late to resubmit a sworn copy ?

I'd submit a motion to allow filing of an amended complaint. You will probably have to amend it in some meaningful way. Simply having the amended motion notarized without adding something meaningful would not be a good idea.
======================
How long do I have to request Discovery from Plaintiff ? No dates have been given to me by the courts and I only see it has to be done during the discovery period.

Check your rules of procedure. They will tell you what time is allowed for discovery. If you are too close for the other party to respond then you will need to file motion for extension of time.
_____________________________________________
Plaintiff hasn't responded to my request for validation ,as allowed by FDCPA. Even though they have filed lawsuit and placed this on my credit report. Would you suggest filing a Motion to compel since they haven't shown any of the documentation requested prior to validating the lawsuit ? or Filing for Discovery ?

Failure to respond to validation is not a reason to file motion to compel. What did you send in the way of discovery? Again, your rules of civil procedure will tell you how discovery must be conducted and give you your remedies and how to enforce your right to get responses.

Click here to enlarge

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

QUESTION:
Thank you for your feedback.

I never requested discovery . When I sent my initial dispute letter asking for verification / validation to the lawyer, I also stated " Please provide me the original contract that I signed, dated and the agreement information, including the credit limit. Please include any and all communications associated with this account...Please send a complete account of the alleged debt, as I have never had credit this extensive. "

Since the above documentation hadn't been given to me , I assumed that this would be dismissed as lack of merit since FDCPA states debt collector must cease all collection activities upon dispute until the debt has been verified. Is this reason to get a dismissal? The citation was filed 4 days after my request. I know this is a violation and I can sue for it; I didn't want to file to soon though.

A legal aid person said I needed to ask for Motion to Compel first, then the dismissal. ( I couldn't get represented because my household income is higher than they allow.)

I haven't received notice of a court date yet so Discovery is still allowed. I plan to file these today as they are already prepared.

When I Motion to amend my answer, adding Special denial for Conditions Precedent , would I need to also include my Motion for Production of documents/ Admissions ? My intent to counter sue for violations? Or can these be submitted separately ?

Is this true? : "If you respond "Deny" to one of their requests,you are not denying it took place. You are only refusing to allow it to be admitted in court as a fact without dispute."

Can a JDB be "Owner, Assignee and Beneficiary " ?

Thank you again ! K

Answer:

Like most pro se litigants, you don't seem to know the rules and procedures that are used in our courts. That's why people are constantly being told to get a lawyer. That plus the fact that as a result of their education they are also presumed to know how to prosecute or defend their cases. While it is true that many lawyers do know the rules and procedures of the courts it is probably also true that most of them don't. In fact, the majority of lawyers probably never see the inside of a court room or even prepare any cases. There is a vast army of lawyers who do other equally important things for government or large corporations such as preparation of new laws for various legislative branches or they are legislators themselves. You would probably be very surprised to learn how many police officers are attorneys and have a private law practice on the side. The number of criminal lawyers is far greater than the number of attorneys who specialize in debt collection. Attorneys who specialize in consumer advocacy and really understand how to represent consumers are few and far between indeed and out of those few most don't want to defend consumers. Most only want to sue debt collectors who have deep pockets.
That means that consumers who have little or no money are left to fend for themselves.

You talk about a counter suit. Those seldom do any good at all. They aren't worth the paper they are written on much less the cost of filing them. You say the legal aid person told you to file motion to compel? You say you haven't demanded discovery so what would you base a motion to compel on? Nothing!!!

You also ask the following: "When I Motion to amend my answer, adding Special denial for Conditions Precedent , would I need to also include my Motion for Production of documents/ Admissions ? My intent to counter sue for violations? Or can these be submitted separately ?"

Why would you file a motion to amend your answer? What new evidence do you have to use such a motion? Filing a motion to amend usually requires that you have new evidence to present to the court that you did not have at the time you filed your original answer. You also ask whether or not you should include your motion for production of documents/admissions. Courts usually don't want such things filed in the court records. Even in federal courts where you must have the courts permission to engage in discovery the actual requests are almost never seen in the filings. You mention production of documents and admissions. Most attorneys and pro se litigants send all their discovery requests at one time. Their interrogatories are filled with silly questions, many if not most of which have no bearing on the outcome of the case. When defendants send interrogatories the attorneys find every possible excuse to object, deny, obfuscate and give answers that are totally inane and of no value to the defendant whatever but get all bent out of shape if the defendant does not answer every question they ask. Then they file motion to deem admitted and go on to win easily. Defendants who don't understand the process might as well not bother with discovery since they are going to lose the case anyway. I teach my students to stretch the discovery process out to the greatest extent possible by sending demand for admissions first then when the answers come in from that send demand for production of documents and then if their questions are not answered finally send interrogatories. If demand for production of documents produces nothing then use dueces tecum. Even the original response to the court should have been designed to force the plaintiff to prove his case.

You have probably already lost the upper hand in the discovery process if you didn't send your demand for admissions at the same time you sent the plaintiff's attorney your response to the complaint. In fact, if you even got served before you responded to the complaint you lost a valuable advantage. If you are in debt and you even suspected that someone might sue you then you should have been watching the court's web site on a daily or weekly basis to see whether you have been sued or not.

If a suit is filed against you a response should have been filed and sent to the plaintiff's attorney along with your demand for admissions the next day or two. You don't need to wait to be served in order to do that.

You say that the statute of limitations has not expired. How do you know that? What web site did you get your information from? What card are they suing you for? What state do you live in?

You described what you sent in your validation letter to the attorney but the problem is that they are not required to provide you with most of the information you demanded. It appears that you used a validation letter you got from some web site and I've never seen one yet that was worth the electrons it took to put them there. The only ones I've ever seen contain a great deal of useless gobble-de-gook and nonsense. You say that the citation was filed 4 days after you sent your validation letter. How do you know they received your validation letter prior to the time they filed? If you can't prove they had your demand before they filed you can't prove a violation. In order to prove it you would need to know the exact time and date your letter was received and the exact time they filed.

Then you say you know you could file a suit against them but in order to stand a chance of winning you would want to file a federal case and obviously you don't have a clue of being successful in federal court without some serious help. Federal court is much more difficult to file and win in than a local court is and the way you are going at it in local court is making a sure loser out of you.

I'd advise that you get some serious help.

Creditwrench web site

How to use interrogatories

2008-11-01T10:11:00.000-05:00

Tips & Tactics

How to Use Interrogatories ...

Interrogatories are written demands for information that force the other side to provide facts you need to win your lawsuit, written demands the other side must answer in writing ... under oath!

That's case-winning power ... if you know how to use it!

We can't teach you everything you need in these weekly Tips & Tactics newsletters. We can only whet your appetite for more. There's much more you need if you want to win! Learn it all in 24 hours with our Jurisdictionary step-by-step self-help course.

The Always Question: Here's an interrogatory I use every time. "Identify all persons having first-hand knowledge of any fact relevant to the outcome of this case and, with respect to each such person, state the facts known and whether you intend to call such person at trial."

You're sure to get, "Objection, overly broad, unduly burdensome, seeks to inquire into the attorney-client privilege," etceteras ad nauseum. That's ok. You'll then file a motion to compel answers, and when you get to the hearing on your motion you'll explain to the judge why the other side should be compelled to tell you the name, address, phone number, facts known, and so forth. The judge will grant your motion, because you will support it with a memorandum citing several controlling appellate court cases making clear that to deny this information is an automatic reversal on appeal.

The Stupid Question: It never fails to amaze me how some lawyers tack on an interrogatory asking the person answering to identify himself or herself. That person's signature will be appended to the end of their response, and the notary will attest that the same person swore to the answers. Every state and federal court limits the number of interrogatories you're allowed to use. It makes no sense to ask for information you don't need. Use interrogatories only to get information you need to win!

NOTICE: Our Tips & Tactics are no substitute for our 24-hour step-by-step self-help course. There's much more to winning lawsuits than you can possibly learn by just reading Tips & Tactics newsletters. We send these to you who have ordered our course already and need a weekly reminder, and to those of you who need to order our course today!

Why risk losing?

Overcome courtroom corruption with our popular, 24-hour step-by-step Jurisdictionary self-help course.

Order before the price increase www.Jurisdictionary.com !

Learn lawsuit procedure in 24-hours ... step-by-step.

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

5-hour video CD simplifies the process of litigation

2 audio CDs present practical tactics and procedures

15 in-depth tutorials on a 4th CD lay out the basics

Free laminated EasyGuide to the Rules of Court

Includes Shipping & Handling

Instant On-Line Access while CDs are in the mail to you

Discover what thousands know: Jurisdictionary Works!

Save legal fees! Control judges! Defeat crooked lawyers!

www.Jurisdictionary.com

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

Call Toll Free for details: 866-Law-Easy

Help Yourself by Helping Others!

Lead a Local Jurisdictionary Chapter

Complete our 24-hour course, then teach others how to win!

Lead a local Jurisdictionary Chapter in your home town.

$50 commission for each course members order through you.

Your only cost is the price of our affordable self-help course.

Our motto is Justicia Omnibus... "Justice for All"

Email us for more information or visit the link above.

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USA

Sued by Discover Card

2008-10-24T12:57:00.000-05:00

Questioner: Betty B
Category: Collections Law

Subject:

Sued By Discover Card

Question: I'm being sued by Discover card. I'm supposed to appear in court in about two weeks. I'm trying to come up with a defense. The information they've included in the petition is scanty. I question whether the debt has exceeded Missouri's 5-year statutory limitation as I believe I last paid in April 2003.

The petition includes two copies of my account summary. The first is dated Sept 25, 2004 and it says I owed $7,798.96 (I do not remember owing this much) and that a late fee and over the limit fee of $70.00 was added, bringing the total to $8022.44.

But I'd quit paying long before that. Surely they can't use charges they've added to the account as a means of extending the statute of limitations. Right?

The second copy of my account summary is dated September 30, 2004 and it shows the $8,002.44 as the beginning balance and then it shows a $8,002.44 payment (at the bottom of the statement under transactions it says the $8002.44 is an "internal charge-off"). Finally, it shows an account balance of Zero.

Neither of these statements were ever mailed to me. In fact, they have the wrong address on them.

They've also included a copy of the cardmember agreement, but have included nothing that I've signed.

I'm going to try to get the case dismissed on the grounds that the statutory limits have expired, that there's no signed proof that I agreed to their terms, that I dispute the amount they claim I owe and they're offered no proof otherwise of the amount of the debt, and also that I had their AccountGuard Service. AccountGuard should have paid the debt after I lost my job and home. I did write to Discover in 2003 and tell them about my financial hardship but received no response.

Do you think I could possibly win the case? Any other suggestions?

Thanks,
Betty

Answer:

If you can't prove when you made your last payment by some means then you will have to go with their statement date which is actually the chargeoff date so that would be a few months after you made your last payment. Using a 6 month figure then your last payment probably would have been sometime around April of 2004. If you use the Missouri statute that would put the end of the SOL in Sept of 2009 so you will lose using that argument. But the real statute of limitations may not be 5 years as stated in Missouri law. It may be much shorter than that depending on what you argue and how you argue it. I'm sure that you have only considered the Missouri law which isn't the only law which in fact may not apply at all.

Even if you lose and they get a judgment and you have applied the correct statute of limitations but the judge insists on applying the Missouri law you would still have two options. One would be to appeal the judge's decision and the other to file a federal case for misrepresenting the legal status of the debt.

Although it is doable if you take a court reporter with you (never go to court without having a court reporter present) I don't recommend that course of action because you may end up having to put up a bond in the full amount of the judgment which the plaintiff will get immediately if you lose. You would have a much better chance in federal court and you don't even need to hire a lawyer to do it. Furthermore, it isn't nearly as scary as local courts because you will do everything over the internet using PACER and by U.S. Mail and maybe by phone. In local court you will face a judge who is likely to be all in favor of the plaintiff's motions and pleas.

Of course, you will want to use your discovery tools to the max. I like to send demand for admissions first then demand for production of documents based on the responses to your demand for admissions and finally interrogatories based on what you got back from the first two demands. Needless to say, you are going to need help getting that all worded properly.

You should be glad they included a copy of the agreement with their complaint. The agreement will be key in getting the court to see and understand your arguments.

Can you win the case? I think so but you are going to have to present the proper arguments in the right way or you will most assuredly lose.
Even so it probably won't be all that easy because the court will want to impose the Missouri statute and they are apparently in time with that.

Message forum

The Lawyer's Little Red Toolbox ... #3

2008-10-19T10:18:00.000-05:00

Tips & Tactics

The Lawyer's Little Red Toolbox ... #3

You sent so many emails thanking us for our "Little Red Toolbox" series, we decided to send a few more warning tips again this week so you can be prepared for the lawyers' little red toolbox of tricks and traps they use to throw you off track and put you at a disadvantage.

To learn more about protecting yourself from lawyers, get our complete
Jurisdictionary 24-hour step-by-step self-help course.

We mailed it, your Honor: Occasionally, a lawyer will claim he mailed a motion, notice, or other important paper to you, when in fact the paper never got mailed ... and the court will be inclined to believe the lawyer! Believe me. It happens. What can you do? If the paper required you to respond within a certain time frame, and you didn't get the paper, there may be harsh penalties. What you must not do is try to take advantage of the situation and claim you should not be required to respond because you didn't get the paper. If you do this, the court will surely shoot you down. Instead, calmly assure the judge that you will be pleased to respond to the paper, but you didn't get it. Perhaps the postal service lost it. They do, you know! Do not accuse the lawyer of lying, even though he may be lying. It could also be his secretary forgot to mail the paper or lost it. She will try to save her job by insisting that she mailed it. Any attempt on your part to discredit the lawyer or his staff will only work against you. Instead, assure the judge that you will happily respond to the paper you did not receive, and move the court for an order giving you a certain amount of time to do so. Of course, it's always a good idea to cite controlling appellate cases that favor court leniency in such matters. Then, if the judge refuses to give you more time to respond, you are prepared for appeal. But, as you will learn in more detail with our 24-hour
Jurisdictionary step-by-step self-help course, showing the judge you already have appellate case law on your side encourages the judge to do what you ask, and the judge will probably give you more time rather than risk being overturned on appeal.

We never received it, your Honor: Yes, this happens, too. At the very worst time possible, the lawyer on the other side may claim he never received an important paper you sent to his office. How do you deal with this? Simple. Never rely on mail alone. Even certified mail gets lost now and then. Mail your papers, by all means, but follow-up with fax and, if the document is particularly important, have it hand-delivered by a disinterested person who can give oath that the paper was delivered on time and handed to a particular person in the lawyer's office. Print a fax log after all faxes to opposing counsel, and staple the fax log to your copy of the document. Pay the few extra pennies for delivery confirmation at the post office. Certainly, not all lawyers are crooked, but enough are that you simply must anticipate that sooner or later they will show up in court with the excuse that they never received what you sent. Mail with delivery confirmation. Fax with fax log. Hand-deliver by someone reliable who can swear delivery was made. By doing this you put a stop to the "We never received it" game that some lawyers think is sport. More procedure for effectively controlling crooked lawyers is covered in detail with our popular 24-hour step-by-step
Jurisdictionary self-help course.

NOTICE: These weekly "Tips & Tactics" are no substitute for our complete 24-hour step-by-step self-help course. We send these to those who have our course already and need a weekly reminder, and to those of you who need to take responsibility to get our course and learn how to protect yourself in court!

Why risk losing?

Overcome courtroom corruption with our popular, 24-hour step-by-step
Jurisdictionary self-help course.

Order before the price increase
www.Jurisdictionary.com !

Learn lawsuit procedure in 24-hours ... step-by-step.

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

5-hour video CD simplifies the process of litigation

2 audio CDs present practical tactics and procedures

15 in-depth tutorials on a 4th CD lay out the basics

Free laminated EasyGuide to the Rules of Court

Includes Shipping & Handling

Instant On-Line Access while CDs are in the mail to you

Discover what thousands know: Jurisdictionary Works!

Save legal fees! Control judges! Defeat crooked lawyers!

www.Jurisdictionary.com

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

Call Toll Free for details: 866-Law-Easy

Help Yourself by Helping Others!

Lead a Local Jurisdictionary Chapter

Complete our 24-hour course, then teach others how to win!

Lead a local Jurisdictionary Chapter in your home town.

$50 commission for each course members order through you.

Your only cost is the price of our affordable self-help course.

Our motto is Justicia Omnibus... "Justice for All"

Email us for more information or visit the link above.

Jurisdictionary ®

PMB-11185

428 Childers Street

Pensacola, Florida 32534

USA

Lawyer's Little Red Toolbox #2

2008-10-12T13:15:00.000-05:00

Tips & Tactics

The Lawyer's Little Red Toolbox ... #2

This week we offer a few more warning tips about the little red toolbox of tricks and traps lawyers use to throw you off track and put you at a disadvantage.

To learn more about protecting yourself from lawyers, get our complete Jurisdictionary 24-hour step-by-step self-help course.

Conversational Style: Winning lawsuits requires you to use words precisely to get certain facts (and only those facts) into the court's record. Lawyers will try to get witnesses (including you, if you are called as a witness in court or at a deposition) to forget what's important and, instead of concentrating only on the vital facts, get into a "conversation" with the lawyer. Never do it! The lawyer wants to get things off track, to confuse the court with useless information, or to make the court believe there is more to the case than there truly is. It's hard enough to win a case without being required to argue about facts that can have no bearing on the outcome. Yet, that's just what lawyers often do. When you are being questioned, answer as if you can see the words you say being typed onto a page for the appellate court to read, if you have to appeal. Speak slowly. Thoughtfully. Always count 1-2-3 before answering any question. Think about the answer and its effect on the record. And teach your witnesses to do the same! (More about this in our 24-hour self-help course.)

Court Reporters: There is nothing - absolutely nothing - more important than "making a record" of everything that takes place in a court proceeding. When you go to court without a court reporter to transcribe the proceedings, you open the door for the judge to do whatever he or she feels like doing - because the judge knows that without a transcript record there can be no appeal. Judges fear the record! Judges cannot be judged without one. We emphasize this in our 24-hour self-help course. NEVER go to a hearing or trial unless you are CERTAIN the proceedings will be transcribed AND that you will be able to get a certified transcript if the judge allows errors that hurt your case! If the lawyer on the other side assures you that a court reporter has been hired, DO NOT TRUST HIM OR HER TO BE TELLING THE TRUTH. Ask to know the name of the court reporter and MAKE CERTAIN they will attend. Otherwise, hire your own court reporter! Remember: You don't always need a transcript, but if you need one and don't have it, you're busted!

Citing Cases: More often than you might believe, lawyers cite cases without reading them! Lazy lawyers typically read only the "headnotes" that are added by editorial staff, without taking time to read the official opinions of the appellate court. Don't make this mistake! A few years ago opposing counsel filed a memorandum citing more than three-dozen cases none of which applied to the facts! If I hadn't taken time to read those cases to see what the appellate justices actually said, the lawyers on the other side would have prevailed with their ruse! Never assume the judge will read the cases cited by your opponent. Read the cases! Visit the following link to see the highlighted headnotes of an important case. The highlighted "headnotes" are not official and do not control the trial judge in any way! Read all your cases and all their cases, so you can argue effectively and win your lawsuit!

www.Jurisdictionary.com/CFMail/Images/PatsyCase.pdf.

That's just a few of the things you'll learn with our wildly popular, 24-hour step-by-step lawsuit self-help course. Get your own little red toolbox now with Jurisdictionary and learn how to fight courtroom corruption and win!

Order our case-winning 24-hour Jurisdictionary step-by-step self-help for non-lawyers course now and discover for yourself how to control courtroom corruption ... and win your lawsuit!

It's easy with Jurisdictionary.

... Dr. Frederick D. Graves

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Learn lawsuit procedure in 24-hours ... step-by-step.

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

5-hour video CD simplifies the process of litigation

2 audio CDs present practical tactics and procedures

15 in-depth tutorials on a 4th CD lay out the basics

Free laminated EasyGuide to the Rules of Court

Includes Shipping & Handling

Instant On-Line Access while CDs are in the mail to you

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Evidence admissibility

2008-09-28T21:19:00.000-05:00

Tips & Tactics

Evidence Admissibility and Discovery ...

Don't let the lawyer on the other side throw you a curve ball by objecting to your pre-trial evidence discovery requests on the grounds that the information you seek will not be admissible at trial.

It doesn't have to be admissible!

Mark my words and don't let the lawyer trick you into giving up!

If you spend much time fighting lawyers over the facts you need to win your case, sooner or later they'll object to your discovery requests on the grounds that the information you're trying to get is not "admissible" ... and you'll win the court's favorable decision if you remember what Jurisdictionary teaches.

You have five (5) tools to discover evidence before trial.

Requests for Admissions

Requests for Production

Interrogatories

Depositions

Subpoenas and other Court Orders

Pre-trial evidence discovery is not bound by trial rules!

Once you get to trial (if you don't use Jurisdictionary to win your case before trial) every piece of evidence you try to present to the court must be admissible evidence ... or the court will keep it out.

During the pre-trial discovery phase of your case, however, the facts you seek do not have to be admissible ... so long as they are reasonably calculated to lead to the discovery of evidence that will be admissible at trial ... (if you don't use Jurisdictionary to win your case before trial).

Check your local court rules and you will find this is true. You may have to teach the judge what's-what, but the rules are clear. Facts you seek during pre-trial discovery do not have to be admissible if they are reasonably calculated to lead to the discovery of facts that will be admissible evidence when presented at trial.

Trap crooked lawyers in their own web of deceit.

Learn the rules and how to use them wisely to win your case!

Order our case-winning 24-hour Jurisdictionary step-by-step self-help for non-lawyers course now and learn how easy it is to control crooked lawyers ... and win your lawsuit!

It's easy with Jurisdictionary.

It takes just 24 hours to learn how to win!

... Dr. Frederick D. Graves

Win with Jurisdictionary!

Learn lawsuit procedure in 24-hours ... step-by-step.

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

5-hour video CD simplifies the process of litigation

2 audio CDs present practical tactics and procedures

15 in-depth tutorials on a 4th CD lay out the basics

Free laminated EasyGuide to the Rules of Court

Includes Shipping & Handling

Instant On-Line Access while CDs are in the mail to you

Discover what thousands know: Jurisdictionary Works!

Save legal fees! Control judges! Defeat crooked lawyers!

www.Jurisdictionary.com

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

Call Toll Free for details: 866-Law-Easy

Earn Extra Income Helping Others!

Lead a Local Jurisdictionary Chapter

Complete our 24-hour course, then teach others how to win!

Lead a local Jurisdictionary Chapter in your home town.

Receive $50 for each course members purchase through you.

Your only cost is the price of our affordable self-help course.

Our motto is Justicia Omnibus... "Justice for All"

Email us for more information or visit the link above.

Jurisdictionary ®

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Pensacola, Florida 32534

USA

Listen to the Creditwrench Radio Show Monday nights at 10:00 P.M. Central Time.

The Call in number for the show is (914) 803-4464

Get in on our regular Friday night Creditwrench Conference call. The call starts at 7:00 P.M. Central time. The call in number is (712) 432-1601 and the pin number is 508548#

2008-09-21T17:53:00.000-05:00

Tips & Tactics

Keeping Your Opponent Honest !

True or false? It's not just about teeth!

Whether you win or lose in court hangs on those words? What do you do when someone lies on the court record? Do you let it slide by, or do you attack?

Expect it to happen! People lie. Even under oath.

Whenever it happens - and it will happen - go on the warpath!

For example, responses to your Requests for Admissions (one of your five evidence-discovery tools) are frequently fabrications. If the request is properly drafted, there can only be one-of-two answers. The response is either "True" or "False".

So, what do you do when you know for certain the item you've requested them to admit is "true", but they answer "false"?

Thank your lucky stars! You have them pinned ... if you know how to use your other four discovery tools.

Remember: You have five (5) tools to discover evidence.

Requests for Admissions
Requests for Production
Interrogatories
Depositions
Subpoenas and other Court Orders

You can use these tools (if you have Jurisdictionary to show you how) to trap liars in their own web of deceit.

For example, suppose you serve your opponent with a request to admit he doesn't have any papers signed by you. If he refuses to admit, you simply serve him with a request for production, asking him to produce the papers signed by you.

Sound too simple? That's because it is!

Order our case-winning 24-hour Jurisdictionary step-by-step self-help for non-lawyers course right now and learn how easy it is to control liars ... and win your lawsuit!

It's easy with Jurisdictionary.

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

... Dr. Frederick D. Graves

Win with Jurisdictionary!

Learn lawsuit procedure in 24-hours ... step-by-step.

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

5-hour video CD simplifies the process of litigation
2 audio CDs present practical tactics and procedures
15 in-depth tutorials on a 4th CD lay out the basics
Free laminated EasyGuide to the Rules of Court
Includes Shipping & Handling
Instant On-Line Access while CDs are in the mail to you

Discover what thousands know: Jurisdictionary Works!

Save legal fees! Control judges! Defeat crooked lawyers!

www.Jurisdictionary.com

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

Call Toll Free for details: 866-Law-Easy

Looking for Local Chapter Leaders

Earn extra income while helping others learn lawsuit procedure!

Lead a Local Jurisdictionary Chapter

If you're willing to master our course and teach others how to win,
why not sign up to lead a local Jurisdictionary Chapter?
Your Chapter Members get a discount on our course, and
you'll receive $50 for each course purchased by your members.

Your only cost is the price of our affordable self-help course.

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Credit Card Debt

2008-09-20T13:15:00.000-05:00

Credit Card Debt

Question:

Recently I was part of a Debt Reduction program and our debts went into collections. I misunderstood how the program worked and after I received a notice from a law firm, I cancelled the program and began making payment to the debtors.

I made two payments to this law firm for the debt. They made many suggestions to get money to pay this off...from a retirement account, a personal loan etc. However, I was not able to secure these funds. So, I spoke with their firm 2 days ago to set-up another payment arrangement and told them I could make $400.00 payment.

They gave me their mailing address and then told me that it was their policy to collect the entire amount. I clearly communicated to them that I could not and that I could make these payments. I received a call today saying that I had 48 hours to pay in full or they would file a civil suit against me. What are my options?

Answer:

Then let them do whatever they think they have to do.

Yes, I know that bit of advice will lead you straight into a lawsuit against you which you will probably lose no matter what you do.

Yes, I know that sounds scary but there is no need to be afraid of that. All that is required of you is to learn how to fight them effectively in court and how to take them to federal court if need be.

No need to be afraid of that either because if you take them to federal court the chances that you will ever see the inside of a federal courtroom are slim to none.

The reason you need not fear any of the above is that you can learn how to defend in local court and stand an excellent chance of controlling the outcome and take them to federal court if for some reason you can't control the outcome of the local court.

You can easily learn how to do all of that. For instance I have a student here in OKC who just got started on a case with Unifund. She has prepared her validation letter and that is ready to go. Next she will prepare her response to the court and her certificate of mailing as well as her interrogatories, demand for admissions and production of documents and she will easily be ready to file with the court on Monday and send off to the attorney.

She also has a case against her for foreclosure on her home. She and her husband were both sued so they will wait until after the home is sold at sheriff's auction and then when it comes time for the confirmation of sale hearing her husband will go to the hearing and put in his objection to the sale. In the unlikely event that his objections are not heeded he will file a suit against the attorney and the plaintiff as well. They will be unable to defend against that suit and the family will win a judgment against the lawyer and plaintiff for somewhere between $25,000 and maybe as much as $150,000 or more. There is no way at this time to determine what their damages might actually end up being. But there have been many instances where defendants have had cause to go to the confirmation hearing, object to confirmation on the same grounds and the attorneys can't seem to get the sale vacated fast enough because they know what their penalties can amount to if they allow the sale to go through.

After the sale is nullified and the judgment vacated the property automatically goes back to being owned by the family so the attorneys must start the proceedings all over again which they may or may not do. They may decide to negotiate with the family allowing them to keep their home rather than fighting about it.

Of course, the family will demand that the lawyers seal the judgment so it never shows up on their credit reports again. (Hows that for credit repair??)

Families in foreclosure like this who succeed in getting the sale stopped usually end up getting a much better deal out of their lenders and that is even more likely now with all the mortgage foreclosure problems that are prevalent today.

Of course, not all families have the same reason to stop the sale as this family has but there are always other ways to get the job done.

You see, I know how to win. I know how to make lawyers cry a lot and I know how to control judges who refuse to listen to valid arguments.

All you have to do is learn how to do it so there is no reason to fear getting sued. You can learn how to do it very easily and economically without hiring expensive lawyers.

Database of Collection Agencies

2008-09-18T08:28:00.000-05:00

Today I am bringing you a new Creditwrench feature. A database of collection agencies in spreadsheet format. This list will be updated over time as we add more new collection agencies and their contact information.

You can use the tab key to move to the right and shift+tab to move to the left.

2008-09-16T20:32:00.000-05:00

Tips & Tactics

Your Contempt Power ...

You have power in the pen of a courtroom judge ... power to put people in jail for you if they don't follow the rules and play fair!

If you want to win your lawsuit, you must know how to use this power to control your opponent and his lawyers.

Most people never stop to think about why we go to court. They assume a judgment or other order of the court is all they need, a piece of paper with some writing on it.

By itself, however, that piece of paper is worthless. The power of court judgments and orders is the threat of jail time!

Power in your hands ... once Jurisdictionary shows you how.

Suppose you serve your opponent with a Request for Production seeking documents relevant to your case, and they respond with objections and excuses or no response at all. What can you do?

1st Step: File a Motion to Compel and set it for hearing. Support your motion with a memorandum, showing why the judge should compel production. At the hearing, if you follow Jurisdictionary procedure, the court will enter an Order Compelling Production, giving the other side a set period of time to respond.

2nd Step: If they don't respond within the time set out in the order, file a Motion to Show Cause. This motion explains to the court that your opponent failed and refused to obey its order. Disobeying an order is grounds for contempt. Set your motion for hearing. Judges don't like people disobeying their orders, so the judge will enter an Order giving the other side a much shorter time to obey.

3rd Step: If they don't obey the second order, file a Motion for Contempt and set it for hearing. At the hearing, if your opponent has not yet produced what he was ordered to produce, the judge will probably have him jailed on the spot and kept in jail until the documents are produced.

If he isn't jailed immediately, the judge may give him a few hours to comply before issuing an arrest warrant. I had a morning hearing where the judge ordered my opponent to bring me the papers before 4:00 that afternoon or be jailed. We needed them to prove our case. He brought them. We won.

The goal of every lawsuit is a judgment or other court orders that favor your cause. The power of a judge's pen to order civilian law enforcement officers to take your opponent into custody if he disobeys the court's orders is your power to win!

You can make our American legal system work for you ... once you know how to play your cards the Jurisdictionary way.

Jurisdictionary's 2-day step-by-step self-help course shows you in greater detail how to use your contempt power to force the other side to do what you need them to do - so you can win your lawsuit.

Use your contempt power ... and win the Jurisdictionary way!

Get our 2-day step-by-step self-help course and learn how to win your lawsuit ... with or without a lawyer!

Jurisdictionary makes it easy with our affordable 2-day course.

Visit www.Jurisdictionary.com to learn more!

=======================

Our 24-hour, 4-CD step-by-step course includes:

5-hour narrated video CD simplifying the entire process of litigation

2 audio CDs that cover practical lawsuit tactics and procedures

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Our step-by-step course is your competitive edge.

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=====================

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=====================2/p>

Jurisdictionary Clubs

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Answering a summons

2008-09-15T15:01:00.000-05:00

Answering summons

QUESTION:

Hello Creditwrench, I have a few questions.

I live in New Jersey and I received a court summons. It was filed by the attorney of a debt collection agency. The summons says that in order to avoid a default judgment, I have to answer the complaint by sending an answer to the court and to the plaintiff's attorney "within 35 days (including weekends) from the date you were 'served' (sent the complaint)".

Including the day that the summons was served, I have three days left to send an answer. My plan is to answer the summons tomorrow (Monday, the 34 day) by certified mail to both the court and the plaintiff's attorney. Both parties should receive the answer on Tuesday (the 35 day). So my question is: Are default judgments carried out within the 35 day answer period; will a judgment be entered against me on Tuesday? Or, does the answer period have to expire before a judgment can be entered against me?

The last questions has to do with the fact that the complaint filed by the plaintiff's attorney clearly demands judgment for the amount I owe "plus accruing interest to the date of judgment plus costs."

I do owe the money, but is there a way for me to demand that the court dismiss the plaintiff's claim for interest and costs?

Also, the only assets that I have are a 9 year old computer and some books, is it possible that these items will be seized in order to satisfy the debt? What is the process that the plaintiff must follow in order to seize my assets? Will this be immediate at the time of judgment?

Also, I am unemployed. How do I request a motion to be heard in court, so that the judge might be better able to understand my situation?

Is it too late to demand from the plaintiff's attorney a copy of the contract that I had with the original creditor?

I know this is a blizzard of questions, but I've been researching online and this is the only place where it seems I can get specific information regarding my case.

I have to answer the complaint by sending an answer to the court and to the plaintiff's attorney "within 35 days (including weekends) from the date you were 'served' (sent the complaint)".

Including the day that the summons was served, I have three days left to send an answer. My plan is to answer the summons tomorrow (Monday, the 34 day) by certified mail to both the court and the plaintiff's attorney. Both parties should receive the answer on Tuesday (the 35 day).

So what is your answer going to be?
_____________________________________________

So my question is: Are default judgments carried out within the 35 day answer period; will a judgment be entered against me on Tuesday? Or, does the answer period have to expire before a judgment can be entered?

_________________________________________
Also, the only assets that I have are a 9 year old computer and some books, is it possible that these items will be seized in order to satisfy the debt?

Not likely to say the least.
____________________________________________
What is the process that the plaintiff must follow in order to seize my assets?

In most states there has to be a garnishment hearing first. A judgment only states that you owe the debt but does not state that you must pay it.

____________________________________________
Will this be immediate at the time of judgment?

NO.
Judges do not care about your situation. The only question before the court is whether or not you owe the debt and that is the question that must be answered one way or another.
________________________________________________

Is it too late to demand from the plaintiff's attorney a copy of the contract that I had with the original creditor?

No. That is done through use of demand for production of documents.
_________________________________________________

I know this is a blizzard of questions, but I've been researching online and this is the only place where it seems I can get specific information regarding my case.

I believe that I have answered your questions but they don't go to the heart of the matter which is how do you answer the complaint. Doing that is what is important while most of the questions you have asked are only of peripheral interest. Knowing the answers to the questions you have asked do not inform you about the proper ways to respond to the complaint, how to use your discovery tools and many other questions you must know in order to present a successful defense.

Of course, you may just be resigned to the fact that you will lose in court no matter what you do as are most folks who get a summons and complaint. But it does not have to be that way. There are other possible outcomes.

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

QUESTION:

Thanks for your help, so far.

What is the best way to respond? I have an answer form, but it only seems to
provide choices for claiming that I do not owe money to the plaintiff. This is
the main reason why I am confused about the entire process. It as if the
system is saying that if I do agree that I owe the money, I should not answer
and just let the court enter a default judgment against me.

As you said, I feel resigned. How might I have a chance to turn things around
that excludes negotiating with the plaintiff. I have no means to pay the debt
at the moment, so that's not a reasonable track to take.

I really do appreciate your help.

Answer:

creditwrench
I'm not an attorney so I can't give you legal advice but I know what I would do if I were in a similiar situation.

The first thing I would probably do is prepare a graduated denial unless other circumstances mandated some other response, interrogatories, demand for admissions and production of documents and a certificate of mailing.

In the event that the debt was outside of statute of limitations I would file a motion to dismiss as my response, a notice of hearing, order of the court, the above discovery tools, certificate of mailing.

I would also see what violations of FDCPA and FCRA might have been committed and start preparing my federal case against the attorney and I would most likely include the plaintiff as a co-defendant in the federal case.

I would go into the local case expecting to lose no matter what I did or how well my defenses were presented so I would hope that I could raise issue(s) that might be grounds to demand that the judge recuse himself so I could begin the recusal process in conjunction with the motion to vacate the judgment and repeat that as many times as necessary to get the case into appellate court without having to put up a supersedias bond. I would also begin to think about how to develop an issue upon which to mount a well founded motion to vacate.

Between the appellate and federal courts the plaintiff in the lower court case is not likely to have a crying chance to win for the simple reason that just as I expect to lose in local court because I probably do owe the money the lawyer and his client will lose in higher courts because they violated the law and have no defense against that.

I know how to do all of that. I know how to win.

2008-09-13T06:13:00.000-05:00

Particularly this interesting tidbit:

Quote:

Section 802 of S. 2586 purports to cure the problem created by the split in the case law by amending Section 1692g so as to expressly state that a communication in the form of a formal pleading in a civil action will not trigger the duty to send the validation notice. The wording of the amendment, however, fails to resolve an important open question under the Act, while simultaneously setting a trap for unwary collection attorneys.

He goes on to cite Rule 7 and how only "formal pleadings" are protected.

This:

Quote:

Rule 7(b) is entitled “Motions and Other Papers.” The implication of Rule 7 is that the only documents constituting “pleadings” in a civil case are those enumerated in Rule 7(a). Therefore, while the amendment may exempt a Rule 7(a) pleading from “initial communication” status, it does not necessarily exempt motions and discovery documents from “initial communication” status, nor does it exempt transmittal letters. Therefore, a law firm that files suit on a debt without first sending a validation notice runs the risk that the service on the consumer of a transmittal letter or any court document other than a Rule 7(a) pleading could start the five-day clock to mail out a validation notice. Collection attorneys who choose to sue first will need to implement policies and procedures to ensure that within five days of service of the first non-pleading document they send their Section 1692g(a) notices.

But he goes on.

Quote:

The second danger created by this exemption is that the amendment allows a consumer to set up an FDCPA case, regardless of the collection lawyer’s use of a transmittal letter. A consumer who is served with a “formal pleading” need only call the law firm representing the creditor and ask the cost to settle, and that conversation will start the five-day clock for the sending of the validation notice. A law firm that uses the exemption as a justification to sue without first sending a notice needs to establish protocols to ensure that the validation notice will be sent to the debtor within five days of any call from the debtor to the attorney’s office. Similar protocols need to be implemented to deal with the situation in which the attorney merely serves a pleading and the debtor shows up for trial or a hearing. If the debtor discusses the case with the attorney (either in open court or outside of the courtroom) that conversation would also start the five-day clock

And finally.

Quote:

A third danger of the pleadings amendment is that it creates the potential for an “overshadowing” violation. Multiple courts have held that it is not enough merely to give the validation notice. The notice must not be accompanied or followed during the validation period by any messages that: (a) overshadow or contradict the consumer’s rights under Section 1692g; or (b) attempt to coerce the consumer into taking less than the full thirty days to dispute the debt or request verification of the debt or a copy of a judgment or the name and address of the original creditor.5 Although courts have recognized that Section 1692g does not create a grace period and that collection activity can take place during the thirty-day validation period,6 the case law has held that any such collection efforts must not overshadow the consumer’s validation rights. The 2006 amendment codifies these rules.

And he says plenty more with examples. Definitely worth the read.

Now the question is. Has anyone fought one this way?
Time to do some research... xrulesx

Collections Law

2008-09-12T14:06:00.000-05:00

collection of summary judgment

Question:

I have a court case in which a credit card company is seeking a summary judgment. If the summary judge\ment is awarded, what can be done to collect this debt. I have tried to work with the credit card companies attorney, by offering to pay what I can but they want a settlement I can not coming up with. Also if the judgment is awarded will the judge set the amount to be paid and what if they amount is more than I can make each month. Will they be able to take money out of my husbands checking account.

Thanks

Phyllis

Answer:

Creditwrench
If a summary judgment is awarded? There isn't any "if" to it unless you start learning how to deal with the situation in a realistic way. And no, when the judgment is awarded to the plaintiff the judge will not set the amount they can take. State and federal law does that and it is set at a maximum of 25% of your take home pay so long as that leaves you a minimum amount of just over $150 a week. There is a formula they must follow in garnishment of wages.

They can take money out of your husband's checking account if you live in a community property state. There are other special situations in which they can grab money out of a spouse's checking accounts but those are not common.

Now then, why are you worried about getting a judgment against you? Of course, one reason might be that most people who are sued for debts lose and get judgments against them. Most of them lose because they don't even try to defend themselves. Others lose because they answer the complaint with some dumb letter they think ought to get them off the hook but never does. Others lose because they come up with some cute sounding idea they found on the internet that has no validity whatever.

But when it is all said and done it all boils down to simple ignorance about the law. They think they don't have time to learn the law and learn how to control the situation in a realistic way. They don't know and don't learn that they can control how the judge rules or how to keep the judge from ruling at all.

Yes, defendants can actually keep the judge from making a ruling at all. They can tie the judge's hands completely just by knowing the law, the rules of civil procedure and the rules of evidence. They do not have to take abuse in the courtroom. They can do something about it. They just have to know that they can and how to do it and it don't take long to learn.

So what will you do? Just let the court do as it pleases to you or are you willing to learn and stand up and fight against the abuse handed out all over America today?

Creditwrench students know how to make the judge get off the case if he abuses them in court or makes totally wrong rulings. It isn't hard to do at all.

It's all up to you. Don't take it laying down.

Love, Beal & Nixon

2008-09-11T08:43:00.000-05:00

Love, Beal & Nixon

Question:

I live in Tulsa, OK and had a default judgment against me (wife not on it) last month. This was for a MBNA (B of A) credit card with an original balance of $22k with the judgment being $27k.

About a year and a half ago, my wife and I entered a debt settlement plan with The Palmer Firm. This whole time, they told us not to talk to, or respond to any of our creditors for the debts we had in the program. They said to direct all correspondence and phone calls to them. We did that when we received a letter requesting arbitration, and we did that when I was served. Turns out, the only thing they did was to send an initial letter to Bank of America and a request for debt validation when the lawsuit was filed. They basically told us to not respond. Needless to say, a judgment was levied against me. The best part is the plaintiff's attorney is Love, Beal & Nixon.

After the judgment, the Palmer Firm contacted us saying that BofA was awarded judgment and a local attorney would contact us. He did and believed we should consider a Chapter 13. I really don't want to file Bankruptcy and the bottom line is I do owe this money. So I contacted LBN to see if i could work out something with them and to get a feel for the situation. I have not paid them or agreed to pay them anything at this point. If they garnish my wages, I will probably have to file bankruptcy because I will then start defaulting on my other debts.

My questions are:
1) What can LBN legally do at this point? For example, can they legally garnish wages right now?
2) What can I do or is it too late?
3) If I try to pay it, should I pay LBN or BofA?
4) I still have 2 smaller cards that where about $6k each and just received a letter from one collection agency demanding payment. How should I handle these right now? I obviously don't want to not respond like I was told before.

Thank you,
Bill

Answer:

Love, Beal & Nixon again. Between them and Baer Timberlake I don't know which is the worst. In one way of looking at it one is about as funny as the other but I'm sure nobody who has been sued by either of them think they are funny as I do. I have my own special reasons for thinking that way.

On the serious side, what they can legally do at this point is to garnish your wages or go after other assets you might have. They can garnish your bank account(s) or other cash assets you might have. There are many things they can do to you. If you are going to pay anybody then it has to be LBN. I've never heard of "the Palmer firm" so are they attorneys or just some debt setlement company? Whatever they are you should never have had anything to do with them as you most likely understand very well now. There is a vastly better way to settle debts other than using a debt settlement company or filing bankruptcy. Those are definitely not the only options you have.

So tell me something. When did you make your last payment to MBNA and when did they file the lawsuit against you? I ask that to see if there is a possibility of using statute of limitations against them.
Of course, since the judgment has already been entered against you it would be necessary to take it to federal court if there is a SOL question. You lost any chance of using it in local court because you didn't show up for court. There may very well be other causes of action available to you but I would have to see the paperwork in the case as well as speaking with you personally to see what might be developed. If something can be arranged then make them pay the debt for you and get rid of the judgment as well. They still have to go to a garnishment hearing before they can do anything so there is another excellent opportunity to establish grounds to sue them in federal court which is the only way you could have won the original case anyway. You didn't stand a crying chance in local court in the first place unless you had a SOL or other viable defense.

I wouldn't pay them anything and force them to go to garnishment and then you have an excellent chance to come up with some causes of action to sue them on.

I would advise you to immediately send a demand for validation/dispute letter to the debt collectors in the other cases. You should not use copies of any of the debt validation letters you find on the internet because they are normally pretty bad. Almost all of them use legal sounding gobble-de-gook trying to impress somebody when that is never necessary or even advisable One should never attempt to educate the other fellow and especially about how smart you are. The trick is to learn how smart they are, not teach them how smart you are. Validation letters should follow the KISS principle. "Keep IT Simple Stupid."

You can call me at any time except this evening because I have a Jurisdictionary club meeting this evening at Coit's Root Beer Stand which is located on the corner of S.W. 24th & Western here is OKC. The meeting starts at 7:00 P.M. and lasts until 9:00 P.M. We hold those meetings the 2nd Thursday of each month and they are free and open to the public. The discussions are all about the very problems you are having and how to deal with them. There is no cost or obligation to attend.

Tomorrow evening and every Friday evening I hold my conference calls starting at 7:00 P.M. They last until everybody runs out of things to talk about. Those calls are also free of charge other than whatever the phone company charges you. It can be expensive if you have to pay for long distance charges but if you have something like MAGIC JACK you can not only get free long distance calls to anywhere in the U.S. or Canada but virtually free local service as well. I have it and the number is 405-237-2174. I paid $110 for the magic jack and 5 years of phone service. You can simply plug the magic jack into any phone outlet and power all the phones in your house. You get caller ID, call forwarding, call waiting and all the extra good stuff for the same $110. I have mine call forwarded to my cell phone so I don't even need to have it plugged in to my computer at all. My cellphone is with Cricket so I can also call anywhere and talk as long as I like and all for less than $50 a month.

The call in number for the conference call is 1-712-432-1601 and the pin number is 508548 followed by the # sign.

So why not call me or come to the meeting tonight or get on the conference call tomorrow night and maybe I can get you some real help to get you out of the mess you are in.

Debt Validation

2008-08-31T13:17:00.000-05:00

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.

Quote:

Provide me with copies of any papers that show I agreed to pay what you say I owe;

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 validation

Quote:

Prove the Statute of Limitations has not expired on this account

Nowhere 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.

Quote:

Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

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.
a simple question regarding the Discovery phase

RSS

2008-08-31T03:10:00.000-05:00

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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Nationwide Credit

2008-08-28T10:25:00.000-05:00

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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FDCPA
Before you go, stop and think about this. Its all about fighting poverty. Although we may go through our daily routines without realizing 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.
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Gassifying the Bar

2008-08-25T14:43:00.000-05:00

Tips & Tactics

Gassing the Bar ...

Hot air may keep a balloon afloat, but it won't win your lawsuit.

Too many words ruin the argument.

Yet, many of you are using far too many words to carry your case forward, and it's hurting you!

A well-played lawsuit is a simple machine with only a few essential parts. There are:

Pleadings

Motions

Memoranda (supporting or opposing motions)

Discovery Requests

Notices

Orders

That's pretty much it.

These are your tools, designed to accomplish specific tasks or objectives ... and, like tools, they must be sharp if you want them to do the job effectively!

Many inexperienced lawyers and most pro se litigants (who go to court on their own without licensed counsel) go on and on and on, when only a few simple sentences would do what's needed.

As a consequence, instead of strengthening their case, they weaken it by introducing issues that have nothing to do with the outcome!

Don't gas the bar. Blow it away!

Learn just what's needed to win with Jurisdictionary.

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

... Dr. Frederick D. Graves

... 22-Year Veteran Attorney

www.Jurisdictionary.com

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

Call Toll Free for details: 866-Law-Easy

Volunteer to Lead a Local Jurisdictionary Chapter

Jurisdictionary ®
PMB-11185
428 Childers Street
Pensacola, Florida 32534
USA

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Sued

2008-08-24T10:14:00.000-05:00

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

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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.

Hear say evidence

2008-08-18T09:09:00.000-05:00

Please scroll down to see this message.

Tips & Tactics

What is Hearsay Evidence?

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

It isn't what you think it is.

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

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

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

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

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

Consider the first part of the definition.

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

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

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

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

Now for the interesting second part.

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

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

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

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Medical bills

2008-08-17T06:37:00.000-05:00

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

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

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

This post is part of Blog Action Day 08 - Poverty