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 On Saturday I received a summons. I am being sued by a collection agency for a credit card that is past the statute of limitations in the state of Texas. I know I need to take action but I'd like to know, is my credit report enough to prove statute of limitations? Do I need a lawyer to represent me in this or can I do it on my own? Since a lawsuit has been filed by the collection agency, is it too late for me to file a cease and desist collection attempt and SOL letter with the collection agency? What action can I take to get this case dismissed, since it past SOL?
You would probably want to file a motion to dismiss as your response to the complaint. I would not bet that your credit report would be sufficient to prove the SOL. Credit reports are notoriously incorrect and judges know that. I'd say you need better proof of that. If you can't get that proof any other way then use your discovery tools to get them to admit the date of your last payment to the creditor.
Yes, you can't logically file cease & desist and in fact should never use those two words in any communication with a debt collector. No, you don't need a lawyer. You can learn how to handle these things yourself.
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