Expert: Creditwrench - 6/20/2008

Question
I was recently contacted by a financial company with a notice that they will be filing a Plaintiff's Motion for Summary Judgement on a certain date.

Question 1: Am I supposed to appear at this hearing as well?

Last month, I wrote them and offered a lump sum settlement, but never heard a reply. I also informed them that as of this end of this month, I will be laid off from my job, and have to no real assets [like a house] to attach. My car is owned by me and the bank, which was why I was willing to give them what's basically my tax rebate check. I called them this week when I received the notice and they refused the payment, unless I wanted it to be a payment against the total amt. I won't have any way to pay them since I won't have a job, so I told them no.

So question 2 is: What is my best recourse at this point? And what happens when they file this motion?

Answer
The answer is the same as always. First of all, never pay a debt collector a crying dime. Make them pay you instead! Believe me, it does work and it can be done and it really isn't the least bit difficult to do. Really easy in fact once you learn how.

They threatened to sue you and said they would be doing it on a certain date? Did they say that in writing or only by phone? If they said it in writing and they don't do it then you can sue them for that. When did you get your first letter from them? If it is still within the 30 day limit then you need to send them a dispute/validation letter by certified mail return receipt requested immediately. Then if they sue you without validating you have two causes of action and if they do sue you then it is almost certain that they will generate at least one or two more violations in the process.

Then if the law firm contacts you by letter you need to send them one as well. If their first contact with you is a summons served upon you they must have a letter in your hands within 5 days telling you what your rights are and if they don't do that then you have them on another violation. There will probably be many more as well. And so you need to learn how to take them to federal court. That is the way to win and if you don't do all of that then they will get a judgment against you and finally will try to collect any way they can. If you live in a community property state they can garnish your husband's wages too. If you have your name on any bank accounts they can seize anything they can find in your bank accounts and can even freeze and seize anything in the bank account even though your husband has his wages or money in the account. Then he would have to go to court and fight to get the money back. In the mean time you can end up with bounced checks and rent or car payments or utilities going unpaid until your husband goes to court and gets the account unfrozen. Believe me they can make life miserable for you and your family. So it is far better to fight now and the best way to fight is to learn how to do it yourself. Then your family won't have to go through the misery of having to suffer for your debt. Don't think that simply because you are a stay at home mom they can't get to you because one way or another they will hound you so bad and cause you so many family problems that your husband will end up having to bail you out and it will be a lot more expensive then than it is now. So stand up and fight now before it happens to you.

Bill Bauer
405-684-9297
405-227-9423

RECOMMENDED READING:
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
www.creditwrench.com/Howtodefeatdebtcollectors
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://consumers.creditwrench.com/sh...=7351#post7351
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

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If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.
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