AboutCreditwrench 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.
Question I voluntarily returned a vehicle I could no longer afford. My credit report says my last payment was 03/2005. The amount shown on my credit report is 3,293. I received a letter from a company called Proline solutions group regarding this account, stating that I owe 6,598.33. Can they add to the final amount shown on the credit report? What are the chances of them suing after all this time, and the SOL expiring in a few months? What is the best way to approach this letter? I am still within the 30 days response time.
You are most definitely headed for a lawsuit. The chances they will file suit before the SOL expires on them are great. Either way you can't afford to take a chance. You need to start preparing now for the court date that is almost certain to come. By the time it gets to court the amount will probably at least double. Yes, the first step is to send a demand for validation/dispute letter but don't use any of the letters you find on the net. Dispute letters should never ask any questions or make any statement about FDCPA, FCRA or any law. None of that is necessary or useful even though every letter you find on the net contains various amounts of such nonsense. Many web sites will also advise you to send multiple copies of the same thing if you don't get a response to the first one. That is also bad advice. Once is all you need.
Get started to learning your rules of civil procedure and rules of evidence now and keep a constant watch on your public record at the court house by internet if you can or by actually going to the court house about once a week if that is the only way to keep track of things.
If they file a suit you should be ready with your response within the next day or two and long before you are ever served. You may want to respond with a denial or maybe a motion to dismiss or maybe a demurrer.
Just depends on the circumstances at the time of their filing. If the attorney contacts you in any way you will need to send them a demand for validation too.
Get started with your learning process now before it is too late.
)