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 was served with a summons to court for a capital one debt, court date for december 10th 2008. should I answer the summons? (i'm not sure I can afford to). I lost my job and have a part time job without set hours. what would happen if i ignored the summons? can they get a judgement and garnish my part time wages and how much can they actually take? do they care if i have enough to eat or pay rent? i think capital one went against all colorado credit laws with their timing, etc. how do I find that out? should I show up in court if i'm able to file an answer or should i show up if i'm not able to file an answer? please help, and thank you in advance....
If you fail to respond to the summons or show up in court they will get a default judgment and can then garnish up to 25% of your wages so long as you make a certain amount. That amount is controlled by federal and state law and you will need to look those up using google and see whether you make enough money or not. You say Capital One? Was there an affidavit in the paperwork they filed? If so, who is the affiant and who is the notary and what state is the notary from? The answers to those questions can be important. Most affidavits are extremely false and misleading. And what is this about their having gone against Colorado credit laws? Why do you say that? Colorado does have some new laws out regarding debt collectors. I have an article about that in the resources section of my message board at http://consumers.creditwrench.com you might want to look at.
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