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.
Expert: Creditwrench Date: 7/1/2008 Subject: fradulent debt - eskanos and adler threatening to sue
Question Hi. I have experienced frauduelent debt from an ex spouse using my identity in the past. While we were in the divorce process my exspouse made purchases online had the items sent to my former home. I filed a police report and have used that police report to dispute the debt with the original creditor Dell, Inc. I also filed with the credit reporting agencies regarding fraud and had the debt charged off and removed from my credit reports. Over the years, various collection agencies have contacted me via phone and mail trying to collect on this closed case. I respond via mail with the FTC's suggested "cease and desist, provide verification if this debt is believed to be real" letter and have never heard from that company again. Several weeks later, another company will try to collect based on the same account. In May of this year, I recieved a letter from Eskanos and Adler insisting I pay or else legal action will be taken to the fullest of Colorado Law. Mind you, I am in California. I sent them the same paperwork I sent the other 5 collectors and instead of them leaving me alone, they have sent me a second letter telling me to pay via phone in 5 days or they'll sue me in California. They did not provide verification of the fraudulent debt, no receipts or transaction histories, etc.
I'm not sure what to do at this point, since I have already disputed the debt and filed for fraud with my credit reporting agencies, as well as the original creditor and my local law enforcement agency. I do not have the money to hire a lawyer, but refuse to pay a debt that is not mine. Can they actually sue me, and is there anything I can do to stop them from harassing me. I read somewhere that in California it is illegal for a collection agency to sell your debt to another collector after you have notified the credit reporting agency of fraud. Obviously from the string of collection agencies contacting me, they are selling the debt and now Eskanos and Adler are telling me to "pay or we'll sue".
Help.. please?
Answer California Stat is 4 years. So you should be begging them to sue you so you can file an out of stat defense then sue them in federal court for misrepresenting the legal status of the debt. They will end up begging you to go away and even wanting to know what it is going to cost them to get you to go away.
You don't even need to hire a lawyer to make that happen. There is a much better cease & desist letter to use on them than anything the FTC ever dreamed up although I would like to see that one too.
Debt collectors are going broke now because they are overloaded with new debt as our economy worsens daily and are able to collect less and less of it. This presents and excellent opportunity to help rid our nation of debt collectors who abuse consumers by filing federal lawsuits against them and making them pay dearly for their abusive and often illegal debt collection practices.
Eskanos and Adler are most assuredly one of the worst out there so why not do your part to help rid the nation of these snakes?
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.
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.
We are going to start holding mock trials so that you can learn some court room procedures.
