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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

Sued by Midland Funding7/8/2009Jason Shear
  Q: I was served a debt collection lawsuit by a NYC collection law firm a couple of months ago. I filed ...
  A: John: No, there are no fees to bring Motions in the City Courts within New York State. If you have ...
Sued by Midland Funding7/8/2009Jason Shear
  Q: I was served a debt collection lawsuit by a NYC collection law firm a couple of months ago. I filed ...
  A: John: Good question. Debt buyers in particular may have little evidence to establish their case, ...
debt collector obtaining my credit report without consent7/8/2009Creditwrench
  Q: Can a debt collector obtain my credit report and send me a letter statng they see I have a recent ...
  A: Statute of limitations in Oklahoma on doc bills is the same as it is for any other written ...
Will the bank charge off my credit debt or sue me?7/7/2009Creditwrench
  Q: I lost my business a year ago because a this bank was being proactive and cut my credit limit that I ...
  A: Forget about charge off. That is an internal bookkeeping function and really has little to do with ...
garnishment7/7/2009Creditwrench
  Q: what federal law covers the garnishment of my ssdi veterans compensation and mil and federal ...
  A: That is true. It isn't a question of what federal law says they can't garnish pensions because that ...
Notice of right to cure7/6/2009Chris Ebert
  Q: I received a notice of right to cure on an motorcycle loan. I made the payment they asked for but it ...
  A: Lori, If the loan company repossess the item then usually you are given a redemption period in ...
Medical Bills7/5/2009Creditwrench
  Q: I hope you can help us. We live in Nebraska and are the kind of people who pay our bills. In ...
  A: So you are from Nebraska, eh? What town? I was born and raised in Seward County. Goehner to be ...
Dental Billing7/4/2009Chris Ebert
  Q: A few days ago I received a bill from my dentist for services rendered in early 2007 - roughly 2 1/2 ...
  A: Alteon, The short answer is you are liable for your debts. A creditor (in California and Texas) has ...
Medical billing7/4/2009Creditwrench
  Q: I have a medical bill that has been turned over to collections. Can the charge me with finance ...
  A: Yes, they can and if you think that is bad just wait. The worst is yet to come. If you pay them they ...
Collection calls7/2/2009Chris Ebert
  Q: I just received a call from a marketing firm stating that they are lawyers. The representitive ...
  A: Joann, First, in Texas and California creditors (or their attorney's) have 4 years from the date of ...
How to respond to a Summons & Complaint7/2/2009Creditwrench
  Q: I received a Summons from the Searcy District Court- Searcy district from C/O Hosto, Buchan, Prater ...
  A: I can't tell you how to answer it in this forum but I can teach you how to do it. But tell me ...
Dimissal7/2/2009Jason Shear
  Q: I recently was summoned to court for an outstanding credit card debt, the Judge ordered that both ...
  A: Gary: Good question. Yes, they can still sell this debt to another debt buyer. However, the Order ...
Collection debt7/1/2009Creditwrench
  Q: I am 6 months delinquent on a credit card balance. I have been trying to get my house out of ...
  A: So they said you had to pay them the entire amount or they will take you to court and take your ...
Sewer service6/30/2009Jason Shear
  Q: I have been contacted repeatedly on my message machine by a firm called Forster and Garbus in New ...
  A: Melanie: Yes, this is something I can assist you with. Thank you for contacting me. If they do ...
summons6/30/2009Creditwrench
  Q: I have been unemployed for a year, and was unable to pay the two credit card debts that I have. I ...
  A: How did you receive the summons? Was it served upon you by a sheriff or a process server or was it ...
Deceased grandmother and credit card bill6/30/2009Creditwrench
  Q: My grandmother has been dead for over 2 years and today I noticed in the Cuyahoga County Court ...
  A: Best solution to this problem is to get the money however you can and pay it off. They can get a ...
Debt collectors & Social Security checks6/30/2009Creditwrench
  Q: I`m in Oklahoma. I understand social security benefits are exempt from a debt collector attempting ...
  A: The law it refers to is a NY law and NY law has no bearing or effect on what happens or what is ...
sued by debt collector6/30/2009Creditwrench
  Q: I read with interest your response to an individual being sued by Blitt and Gaines in IL several ...
  A: I've never seen the documents you need on line. A few of them are. Certificates of mailing are on ...
Collection Agency Fees6/30/2009Chris Ebert
  Q: A voice mail was left on my phone stating a case number and 800 number for me to call. I called back ...
  A: I understand that this seems like a lot of overcharge but depending on the original contract plus ...
lawsuit6/30/2009Creditwrench
  Q: In 2006 a person came to my mother's door to serve court papers against me. Not only have I not ...
  A: That's not a valid reason to complain about the fact that they didn't get good service. Your mother ...
sued by debt collector6/29/2009Creditwrench
  Q: I read with interest your response to an individual being sued by Blitt and Gaines in IL several ...
  A: First of all I can assure you that a hearing in 15 days isn't likely to occur for many reasons. I ...
Debt collectors & Social Security checks6/29/2009Creditwrench
  Q: I`m in Oklahoma. I understand social security benefits are exempt from a debt collector attempting ...
  A: As you probably know, I'm in Oklahoma too. OKC. Where did you come up with the idea of the Exempt ...
Collection Agency Fees6/29/2009Chris Ebert
  Q: A voice mail was left on my phone stating a case number and 800 number for me to call. I called back ...
  A: Crystal, You are experiencing a classic collection situation. Yes, your unpaid debts can be sold to ...
Debt Collection Practices6/27/2009Apex Credit Services, LLC
  Q: I recently loss my job and contacted my car loan company that I would be late on my payment and gave ...
  A: Hope: If it's the original creditor, no. If it is a debt collector, yes, you can write them a ...
Payday Loan6/26/2009Barnette Law Offices, LLC
  Q: I took out a online pay day loan from a company based out of TX. I've fallen behind on my payments, ...
  A: Brian: No, it is merely a breach of contract which is a civil matter. If you're in Tennessee, ...
credit6/25/2009Chris Ebert
  Q: "Hello, thank-you for your time. My name is Jeff, we moved from Texas 3 years ago (2006),to Hamilton ...
  A: Jeff, The short answer is "yes" it is possible that they could sue in Canada. They would be subject ...
Calls6/25/2009Chris Ebert
  Q: How many times in one day can a person call from a financial company? Citifinancial Auto How can you ...
  A: Danielle, I am not sure that there is a specific number of calls that the law allows. If you want ...
Credit score without SSN6/25/2009Barnette Law Offices, LLC
  Q: I am an international student without SSN. In the past I had an incident where I did not pay a bill ...
  A: KB: You may already have a credit report if the debt collector reported it under your name and ...
Credit score without SSN6/25/2009Chris Ebert
  Q: I am an international student without SSN. In the past I had an incident where I did not pay a bill ...
  A: KB, The short answer is that it could should up on your credit report with your new social at some ...
Summons6/25/2009Creditwrench
  Q: I/we were just served a summons yesterday 6/24.Chase is the account holder.We owe them about ...
  A: click here to enlarge It really makes no difference what the circumstances were or are now. You ...
Voluntary repossesion6/25/2009Creditwrench
  Q: My wife and I had a loan for a Buick van which we had to turn back into to the finance company. This ...
  A: You are in for a hard time of it to say the least. They will hound you for a while. You need to ...
CREDIT CARD SETTLEMENT COMPANIES6/25/2009Ontrack Financial Group llc
  Q: What should you do if you have invested over $3500 in a debt legal settlement company but then they ...
  A: As an unsecured creditor you're pretty much at a loss. You can file a claim with the bankruptcy ...
Collection abuse6/25/2009Barnette Law Offices, LLC
  Q: I need advice regarding a letter I received yesterday. In 2004, my husband and I suffered a ...
  A: Helen: Maybe but, you could plead res judicata and collateral estoppel. Doubtful it would work ...
cease and desist , Bank of America6/24/2009Barnette Law Offices, LLC
  Q: My wife and I both owe money to B of A, we both are unemployed now and can't afford the c.c. bills. ...
  A: Richard: Under federal law, a letter informing an entity to cease communications only applies to ...
civil summons6/24/2009Ontrack Financial Group llc
  Q: Recently my husband has become unemployed, he was self employed in a small business, economy forced ...
  A: What you should know about debt defense:

 1. If you defend your case, the plaintiff ...
Credit card arbitration6/24/2009Creditwrench
  Q: My husband and I owned a business that closed in 2004 and we had a balance on a capital one business ...
  A: You can file against them for any violations of FDCPA that they might have committed. For instance ...
summons6/24/2009Creditwrench
  Q: I left my a storage warehouse owing some back rent. I thought I had paid first and last months rent ...
  A: It really makes no difference what the circumstances were or are now. You have a summons and ...
civil summons6/23/2009Creditwrench
  Q: my husband owned and operated a small remolding business for several years. due to the economy he ...
  A: Above all, keep your home mortgage up to date and don't worry about those other debts. You can work ...
lein/collection agency6/23/2009Barnette Law Offices, LLC
  Q: I had surgery 12/08 (auto accident) the Dr insisted on going on the lien. I had to pay him 5000.00 ...
  A: Kiki: You have two options. One, you can dispute all those tradelines through the credit reporting ...
Account charged off as bad debt6/23/2009Creditwrench
  Q: I have copies of my credit report from Equifax and Transunion. I had a account with Sears Roebuck in ...
  A: You are 97 years old and thinking of filing bankruptcy? OH PLEASE GIVE ME A BREAK. No, in fact it's ...

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Questions by
Active Experts:
CreditwrenchJason ShearChris Ebert
Barnette Law Offices, LLCRobert PaisolaApex Credit Services, LLC
Ray A MillerOntrack Financial Group llc 

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