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Question
I recently received a phone call from a Joseph Ward from Belzer Law Firm in reference to WAMU credit card. He stated they bought my account. I offered to make payment arrangements as its the only thing I can do at this point. He asked a series of questions and suggested I cash out my 401k account. I explained my employer has it set up so I cant do that. I told him I'd see what I could come up with. Payment arrangements are the only answer. He has stated that because the debt is so small ($2054) that a settlement amount wasn't an option either. He states they will proceed with suing me and add thousands of dollars in legal fees to my balance, then start garnishing my wages. I work in NJ and live in PA. Is that possible??
Of course it is possible and more likely probable. I'd suggest you start learning how to deal with this situation immediately. You need to keep a careful record of all phone calls and letters you receive from them. If it has been less than 30 days since their first contact letter you need to send a validation/dispute letter immediately. You also need to be checking your local court website so you know almost instantly if they file a lawsuit on you. That way you will be able to respond to the summons much more quickly and be able to hit them with discovery tools before they have a chance to do the same to you.
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These things are very important to winning. You need to get started now before it happens so you have a chance in court.
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Answers by Expert:
Creditwrench
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.
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