Expert: Creditwrench - 7/16/2008

Question
QUESTION: I was sued and I lost and I entered into a written payment agreement. I made my first payment and they are now saying they never received it. They are lying as it was sent return receipt and in the form of a postal money order. I contacted the post office to do a trace and they said that it can take up to a month. In the meantime, they told me since they have not received my payment or if I miss one, they will continue with the collection process. I do not want my bank account seized or any other things to happen since I am following my agreement and they aren't. What can I do in the meantime? Also, since I have the receipts can I file any papers with the court or have this agreement voided? Thank you for your time.


ANSWER: You should have a copy of the money order before you sent it. If I send a money order or a check to anyone I take a picture of it with my digital camera. Then I have a record of it. Then you say you sent it return receipt requested. So you have the green card. Take a picture of that or get a photocopy of it and send them those two pieces of proof that you sent it and they received it.

So they contacted you? How did they do that, by letter or by phone? Either way did the letter or the caller say that a debt collector was involved? If not you have a case ripe for a federal lawsuit.

You should never miss an opportunity to take them to federal court for their violations of federal law.

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

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
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.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

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.

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

QUESTION: Thank you. After the first payment was made, they sent me a letter saying that they never received the payment. The payments are going to a law firm collecting for the creditor. And, yes I have copies of the money order and return receipt.

Answer
So keep the copies you have so you don't run out and send them a set. Can you file any papers with the court to have this agreement voided?

Yes, I'm sure you could but I am even more sure that it wouldn't do you any good. I'm also sure you could file a motion to vacate the judgment but that probably wouldn't get you anywhere either.

But didn't they just give you provably false and misleading information?
Now there is a cause ripe for action against them in federal court and that is the only way you can hope to get anywhere.

I'm also about as certain that if you filed a federal case against them they would try to claim that it was just an oversight, an excusable error and it won't happen again. That has been a standard answer for decades but it isn't working anymore. The courts are no ruling that in order to use that defense they must prove their claim almost beyond any shadow of a doubt.

So why not give them some grief for a change. You would stand an awfully good chance of making them give back the money, go away and leave you some nice pocket change.
Bill Bauer
405-684-9297
405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
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.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

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.