Expert: Creditwrench - 6/29/2008

Question
Hi, Thank you so much for your quick and helpful response. In your response to me you said "You also have the right to do all you can to avoid them forcing you to pay under court order and taking up to 25% of your income which they can do." My next question is this: What can we do to avoid going to court? What should our next step, our course of action be? You also answered: "You say you can afford up to $500 a month. If you offer them that they will demand more so I would recommend that you don't offer them anything but rather ask what is the least they will take and see what they offer you." We have already written the lawyer offering to pay up to $500 a month. Since we already did this, can we somehow recant that offer or is it too late? What do you recommend? Thank you so much for your time and help.

Answer
You ask what can you do to avoid going to court. Why do you want to avoid going to court? What is so frightening about going to court that people want to avoid it at all costs? It seems that people would almost rather give up their right arm and right leg to keep from going to court. Our court systems are designed to render justice to the injured and and punish those who fail to obey the laws of our land or who fail to comply with their duties under the law.

That is all that the plaintiff's are asking for, justice. So let us define the term "justice". Is it actually spelled "just us"? All too often that is how it probably should be spelled because while the plaintiff's who are the big banks and money lenders seek their remedies they almost refuse to recognize and respect the rights of those from whom they attempt to collect. They know they can get away with abusing others rights while trying to secure their own because most people don't even know what their rights are under the law and much less how to defend them when they are abused.

The first thing I would recommend is that you forget about the fact that you do owe the money and start worrying about whether or not your rights under the law have been respected. If the lawyer or his client has failed to recognize that you have rights under the law and have abused you of those rights then let them pay for their sins just as they expect you to pay for yours.

Can you recant your offer? Yes, but you need a reason to do so. If they have violated your rights under the law then that would give you a solid reason to recant.

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

RECOMMENDED READING:
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
www.creditwrench.com/Howtodefeatdebtcollectors
www.creditwrench.com/objections.html

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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.

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