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About Creditwrench
(Top Expert on this page)

Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
   

You are here:  Experts > Business > Corporate Law > Collections Law

SubjectDate AskedExpert

Nationwide Credit8/29/2008Creditwrench
  Q: American Express has sent my account to Nationwide. Nationwide says they won't accept monthly ...
  A: But then said I shouldn't pay American Express and would have to pay Nationwide. I'm confused. If I ...
Capital One Bank8/28/2008Creditwrench
  Q: My husband, before we were married, got a credit card with a limit of $500.00 from Capital One ...
  A: First of all, what state do you live in? When did your husband make his last payment to Cap One? The ...
repossessed motorcycle8/28/2008Apex Credit Services, LLC
  Q: My motorcycle was repossessed recently..It was sold for $3,800.00 by Eastern Powersports, East ...
  A: Harold: Yes, under Article 9 you are responsible for the judgment deficiency. You can ...
Spousal Obligations8/28/2008Jason Barnette
  Q: My wife recently was served a summons by the local magistrate office. We live in Pennsylvania, ...
  A: Terry: I do not know the specifics of PA law in this area but, I believe you to be right based ...
t mobile term fee8/27/2008Apex Credit Services, LLC
  Q: I had t-mobile for a while, well beyond the 2 year period. I initially had (4+ years)a smart access ...
  A: Jon: You can intimate what you've conveyed herein to T-Mobile in writing and also to the debt ...
Physician payment8/27/2008Creditwrench
  Q: My daughter underwent surgery in January and I have been billed for the amount over the insurance ...
  A: Yes, they can and they probably will. You should probably hope they do and the quicker the better. ...
Williams And Fudge collections question8/27/2008Apex Credit Services, LLC
  Q: I went to about 3 months of school (Westwood College) in 2006 and have been paying ever since for ...
  A: Joseph: Send the debt collector a request for validation and see if they can prove up their ...
Received a court summons today8/27/2008Creditwrench
  Q: I received a court summons today from a law firm representing Midlands Credit Management. After ...
  A: I would be extremely careful what I did with this deal. You will have to do your research on this ...
Nationwide Credit8/26/2008Creditwrench
  Q: American Express has sent my account to Nationwide. Nationwide says they won't accept monthly ...
  A: First of all, they are a 3rd party debt collector but regardless of who they are you should never ...
We've received a collections summons on a CitiBank account.8/26/2008Creditwrench
  Q: My wife has just received a court summons from a collection agency's lawyer, and this account is ...
  A: You are very lucky the debt negotiation company wouldn't take your case. They would have just robbed ...
service time from date issued, summons8/26/2008Creditwrench
  Q: I was served a summons last night, 8/25 the issue date was 7/21. I am notified to appear or face a ...
  A: I'd file a motion for extension of time and in your motion tell them when you got the summons. You ...
Served for a Debt I am paying8/26/2008Creditwrench
  Q: Lovely, the day before my 30th B-day I'm served by the Merchants Credit Corporation. A nasty mean ...
  A: That's what you get for messing with a debt consolidation company. The creditors have no obligation ...
Collection Agency Calls8/26/2008Ray A Miller
  Q: For over a year, I have been getting phone calls from credit agencies (either 866 number or UNKNOWN ...
  A: This is a tough spot "Tanisha" has put you in. As long as she keeps giving out your number, there ...
In debt , Medical issues & No income8/26/2008Jason Barnette
  Q: I always paid my bills up to about a year ago. I became ill and was hospitalized three times in a ...
  A: Alfred: Unfortunately, it seems that Bankruptcy is the only option here. Consult an attorney in ...
Collections sent to wrong address, my credit ruined8/26/2008Jason Barnette
  Q: When I was 18, I went to a hospital. I had insurance and expected a bill to be mailed, so I could ...
  A: Marley: Dispute the items in question through the credit reporting agencies. Try to pinpoint ...
Summons/SOL for NM Passed/Now Live In OR8/26/2008Creditwrench
  Q: I will do my best to state the facts clearly & succinctly as I am in need of advice: Had a free ...
  A: Probably more tricks but you need to call up the clerk of the court in that county and find out if a ...
Vol. Car Repo8/25/2008Creditwrench
  Q: I had a car that I turned in, in 2006. I received a letter from my local saying I was being sued by ...
  A: You should send the second attorney a demand for validation/dispute letter immediately. Don't say a ...
Someone Giving Out My Number8/25/2008Creditwrench
  Q: For over a year, I have been getting phone calls from credit agencies (either 866 number or UNKNOWN ...
  A: Not hard at all. All you have to do is answer the phone and demand that they give you their contact ...
How a representative spoke to my wife.8/25/2008Creditwrench
  Q: At the end of May this year we had sent our credit card info to a debt management company to help ...
  A: Absolutely! Sue him in federal court and make him pay for his abusive tactics. Bill Bauer ...
BAD DEBT IN TEXAS8/25/2008Creditwrench
  Q: I was reading your response that after 7 years a company can't sue you over the debt. and that 11 ...
  A: Yes, but it must say: Cease & Desist from any and all contact with me by any means whatever. She ...
Charge-off laws8/25/2008Apex Credit Services, LLC
  Q: I have two old credit card debts that are approximately 5-6 yrs old. After reviewing the account ...
  A: Ron: The FDIC makes them write them off at 180 days. However, that is just an accounting term. ...
removing name from a credit card8/25/2008Ray A Miller
  Q: I am in the process of a divorce. My "ex" has 3 gas cards charged to the max. I am listed on a ...
  A: I am married but have a credit card that is in my name only, which I have recently defaulted on. ...
statute of limitations defense8/25/2008Creditwrench
  Q: I am being sued by LVNV Funding claiming to be a "factoring account" collecting a credit card debt ...
  A: It might be used as evidence but the best evidence rule would dictate that a statement from the ...
Collection Agency Acknowledgement8/25/2008Ray A Miller
  Q: I received a voice mail from a collection agency.I have not spoken to them and know that this is in ...
  A: I am afraid they can. An overpayment can be look upon as monies that are due the insurance company ...
No way out!!!8/25/2008Michael Brotherton
  Q: I am in a situation with a judgement. From 2003, I received a judgement from a lawyer representing ...
  A: This is not an uncommon situation. Many times collection attorneys or agencies add charges that are ...
collections8/25/2008John G. Watts
  Q: Mr.Watts;What does it mean when a debtor "CHARGES OFF"an account?It appears that way in my credit ...
  A: Bobby, Typically creditors must "charge off" the account after about 180 days (6 months) after the ...
Summons/SOL for NM Passed/Now Live In OR8/25/2008Creditwrench
  Q: I will do my best to state the facts clearly & succinctly as I am in need of advice: Had a free ...
  A: @ The plantiff is LVNV. Looks like something they bought from Sears Nat'l Bank. Debt dated as being ...
20 Year Old Debt Collection8/24/2008Creditwrench
  Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ...
  A: That would be within 5 days after their initial contact with the consumer they must have a letter ...
Vol. Car Repo8/24/2008Creditwrench
  Q: I turned in my car in 2002 when I became pregnant with my second son. As a single mom, I choose to ...
  A: Well, your response is good but now you need to follow up with interrogatories, admissions and ...
20 Year Old Debt Collection8/24/2008Creditwrench
  Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ...
  A: I'd suggest that you forget all about what you have read "elsewhere" and start getting your ...
Received a court summons today8/24/2008Creditwrench
  Q: I received a court summons today from a law firm representing Midlands Credit Management. After ...
  A: First go to your bank and get copies of the checks you paid them with. Secondly prepare your ...
hoa attorney Fair Debt Collection Practices Act8/24/2008Ray A Miller
  Q: Are homeowner association attorneys required to comply with the Federal Debt Collection Practices ...
  A: That does not sound right and you may need to contact an attorney to help protect your rights. ...
Debt Validation8/24/2008Creditwrench
  Q: I have written before, still with the same problem. I received a collection letter from the JDB that ...
  A: They can file a judgment even though they have never validated the debt. No problem. Yes, they must ...
repossession8/24/2008Michael Brotherton
  Q: I have been reading your answers on the message board. I just had a vehicle repossessed two days ago ...
  A: You may be able to buy yourself some time to help you catch up. The Fair Debt Collection Practices ...
debt collection8/23/2008Creditwrench
  Q: i just recently asked a question about arbitration. i need to add to that question. i want to say ...
  A: Believe it or not they can do that but when it gets to your local court the judge isn't going to pay ...
debt collection8/23/2008Creditwrench
  Q: we have received an arbitration claim by certified mail against a credit card debt. (claim ref. # ...
  A: Credit solutions? Fire them immediately. They aren't doing you any good. Fact is they are probably ...
Medical bills8/23/2008Apex Credit Services, LLC
  Q: I am being sued for medical bills. I take care of my mother, father, wife, and children and I am the ...
  A: Jeff: The only thing you can do is make an appearance before the court and plead your case. ...
Summons & Court Date8/23/2008Creditwrench
  Q: I immediately pulled my credit report with Transunion and can find no mention of this debt. I ...
  A: You thought they could not proceed until they supplied you with full debt validation? Where did you ...
Additional Card Holder8/23/2008John G. Watts
  Q: Previous owner was an AMEX holder which my co-worker and I were additional card holders. We left ...
  A: Chris, Contact me and let me know where you live. ...
debt collection8/23/2008Creditwrench
  Q: I received a telephone call from a debt collection company stating that they were given my account ...
  A: No, $400 isn't going to bankrupt that company. Neither is the $4.00 they probably paid to buy that ...

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Questions by
Active Experts:
CreditwrenchJason BarnetteMichael Brotherton
Robert PaisolaApex Credit Services, LLCRay A Miller
John G. Watts  

     
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