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: 7/4/2008 Subject: being sued by credit card co
Question QUESTION: I am in the midst of a lawsuit by NCO for a credit card debt. I stopped making payments in 2004 when living in MA. SOL there is 6 years, but I now live in CO and just found out that sol is 3 years. (I sold my original home in MA where they keep sending stuff, but still have a summer cottage there that my son lives in.) Am I still bound by the MA sol?
ANSWER: NO
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QUESTION: I have already answered the complaint using another defense since I didn't realize I I wasn't bound by MA sol, and now have received discovery documents. Can I just file for dismissal due to past sol? Do I have to answer the discovery? Thanks.
ANSWER: I didn't notice tha you live in CO and mistakenly believe that the statute of limitations for credit card debt is 3 years. Bankrate.com claims that it is 6 years there too for credit card debt. So what defense did you use?
Don't tell me that you didn't send your demand for Interrogatories, admissions and production of documents along with your defense? Now you are behind the 8 ball on time. Of course you will have to answer their discovery questions. If you don't they will simply move to have them all deemed admitted and then you will be sunk for sure.
Truth of the matter is that you are probably sunk anyway no matter what you do or file. Where have you been getting your help to learn how to file the defense that you say you used?
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.
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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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QUESTION: Apparently there is some discretion as to whether it's 3 or 6 years. Check the following link: http://answers.yahoo.com/question/index?qid=20080222155019AAar12s
I DID send out discovery. They answered my request for admissions (either denied or objected to all), but did ignored the rest. I have until July 20 tp answer theirs (per letter from the attorney). I cannot attend your conference call tonight due to other commitments, but can I get help from you some other time ?
I have been researching this whole thing on line, which is where I found info to formulate my answer and the discovery requsts,etc. I recently found the info about the sol in CO while researching how to answer the discovery requests (As I said, some places state SOL is 3 years??). Among the defenses I used: failure to state cause of action; invalid or failure to state assignment. I have done this in the past on two occasions and each time the lawyers dropped the cases. Now I'm confused as to how to proceed.
Answer You really cannot the opinions of WhyChat or any other guru including myself or that of any lawyer or judge when it comes to what the law says. If one disagrees with opinions of others the best place to go is to the state Attorney General and ask for an official opinion.
For instance, here is an exerpt from Colorado statute that seems to explain it pretty well.
A suit for specific performance based on contract is governed by this provision. Notwithstanding plaintiff's use of the term specific performance, when the action, from the facts as pled, is on a breach of contract wherein the plaintiff seeks a liquidated, determinable amount of money due him from the defendant, this action is governed by the statute permitting an action to be commenced within six years for actions of debt founded upon any contract and is not governed by the three-year statute of limitations. Uhl v. Fox, 31 Colo. App. 13, 498 P.2d 1177 (1972).
A credit card agreement is a contract even though it is considered by some to be a unilateral contract. Despite the opinions of WhyChat, a rather famous self proclaimed internet expert and all the rest of those gurus, I'll stick with the 6 year statute in Colorado unless the Colorado State Attorney General says I'm wrong.
Of course, nothing stops you from attempting to present a 3 year SOL defense, run it up the flag pole and see if the judge salutes it or shoots it down without further ado and grants judgmnent to the plaintiff since you have presented no other viable defense. If you want to take a chance on that then that's on you. I'm not a lawyer and I can't give you legal advice or render any legal opinions.
I may go see some fireworks myself so probably won't be on the call tonight either. Maybe nobody will, but yes, you can contact me just about anytime. I'll be available even during the fireworks if you don't mind listening to a lot of noise while trying to talk over it. (LOL)
Confused as to how to proceed? You already know how to file stuff so if you want to try to file the 3 year defense then why should there be any confusion? You either do or you don't. You can also file other defenses at the same time if you wish. You aren't limited to just one defense. You can throw a whole bunch of legal mud at the judicial wall and see what sticks and what don't.
