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 Kingman, Cole and Assocates November 20, 2008
RE: HOUSEHOLD BANK/HSBC File# 150696-184270
Acct: 5440455016442330 Balance: $ 1,512.36
Dear Ronald,
Kingman, Cole and Associates LLC, has made several attempts to contact you in regards to your delinquent account for HOUSEHOLD BANK/HSBC. Your payment is due on the following date:
Amount Due Date
$2,752.81 12/18/2008
Upon successful completion of your payment the above referenced account will be considered legally paid and will be reported to the major credit reporting agencies if applicable.
If you have any questions relative to the above referenced account, please do not hesitate to call this office at .
“This is an attempt to collect a debit and any information obtained will be used for that purpose”.
Sincerely,
Mr. Kyle Schwartz
6558 4th Section Road Suite 321 Brockport, New York 14420
www.kingmancoleandassociates.com
AFFIDAVIT AND ASSIGNMENT
Kyle Schwartz, being sworn, deposes and says that he is media manger of Kingman, Cole and Associates, LLC herein called assignor, which is doing business at 6558 4th Section Rd Suite 321, Brockport, NY 14420 and that he is authorized to make the statements and representations herein. There is due and payable from HSBC/HOUSEHOLD BANK.
ACCOUNT#5440455016442330,
Of 11/20/2008, the amount of $ 1,512.36. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 5.00 percent per annum.
Said agreement is hereby assigned, transferred and set over unto Kingman, Cole and Associates, with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. The affiant states that to the best of the affiant’s knowledge, information and belief there are no unaccredited payments just counterclaims or offsets against the said debt,. Further, the undersigned acknowledges that in the making of this assignment, the assignor has made a complete assignment of said debt and that Kingman, Cole and Associates, is now the owner thereof, and they have complete authority to settle, adjust, compromise and satisfy the same and that the assignor has no further interest in said debt for any purpose.
Dated the 20th of November, 2008
Kingman, Cole and Associates
By Kyle Schwartz: Media Manager
6558 4th Section Rd Suite 321, Brockport, NY 14420
Answer Problem with that is that it isn't an affidavit at all. In order for it to be an affidavit it must state that the affiant has first hand knowledge of the information he is trying to provide and how he came by that first hand knowledge. That's just for starters. So file motion to strike the affidavit because it isn't an affidavit at all.
