Collections Law/Stipulation

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QUESTION: I have been screwing around with Midland Credit Management for two years now. They sent me a letter about an account that was not mine for $6400. I sent four certified validation requests and never received even the return receipts. I answered a summons almost two years ago and even get a letter from the original creditor (Aspire Visa) saying that they could not validate it as mine. I have now twice received stipulation agreements from their attorneys, Cohen & Slamowitz which I never signed. The stipulation was that the action be discontinued by both parties and looks pretty straight forward.

Last month I received a letter from a different law firm on the same account. It lists Midland on it as well. The same item is now appearing on my credit report twice. My question is, if I sign the agreement with C&S, will the other attorneys still be able to pursue me? I would like to get this thing settled ASAP. Thank you much!

ANSWER: You never received even the return receipts? Why not? You paid for them.
Call up the post master in their zip code and find out what has happened to your green cards. You paid for them and they belong to you and nobody else. Somebody at the post office isn't doing their job so call up and complain.

Do not sign any agreements. Those always end up turning into automatic judgments against you.

Now you have new attorneys chasing you? Send them demand for validation and dispute the debt certified mail immediately. Then start learning that you do have rights but that you will probably have to sue them in federal court to make them go away and leave you alone.

Cohen & Slamowitz are scumbag lawyers who have been sued many times in federal courts. You say you don't owe the debt so make them prove it or go away. They are also appearing on your credit reports with no permissible purpose. You need to sue them for that too.

Bill Bauer
405-684-9297

---------- FOLLOW-UP ----------

QUESTION: Thanks Bill. What are the court fees for filing a federal suit?

Answer
Most jurisdictions are $350 but I had somebody claim they had to pay more than that in their jurisdiction. California I think but not sure about that. You will have to check with your local court to be sure. You can do that with a simple phone call.

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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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