More Collections Law Answers
Question Library
Ask a question about Collections Law
Volunteer
Experts of the Month
Expert Login
Awards
About Us
Tell friends
Link to Us
Disclaimer
|
| |
|
|
| |
| | | |
About Creditwrench
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.
| | |
| |
You are here: Experts > Business > Corporate Law > Collections Law > mediation
Expert: Creditwrench
Date: 8/29/2008
Subject: mediation
Question
Do I have to attend court-ordered mediation sessions? I do not want to attend this mediation. Thanks
Answer
No, you don't have to attend the court ordered mediation. But failure to attend is likely to make you wish you had attended.
If you do attend you can refuse to mediate and take it to a judicial hearing. Of course, I'm sure you won't want to go to that hearing either so you can just not attend and let them get a judgment, garnish your wages, bank accounts or whatever else you might own that is legal for them to take under the federal and state laws. How would you like to wake up one day to the fact that you had just paid your bills and every check you wrote bounced causing a $25.00 or more service fee plus the bank charged you a hundred or so garnishment processing fee and you went to work only to find out that in the future you will be taking home 25% less money to pay all your bills with?
Now what do you want to do, go or not go? But as usual, that's not the rest of the story which is that almost no matter which path you choose to take the results are probably going to be the same. But a fork in the road don't always leave only two choices. Sometimes there are multiple paths to choose from and this is one of those road forks that has multiple paths going in different directions. One of them leads to a dead end dropoff into a deep canyon with a raging river at the bottom. Another leads to a similar fate and the third ends up on a sort of turntable something along the lines of those used in railroad yards to turn the trains around so they can make the return trip. But this turntable is a bit on the tricky side because you have to learn how to manipulate the levers and switches that make it work.
I've got to run to a meeting with a local student of mine here in Oklahoma City who lost his home to foreclosure the 8th of this month.
Now comes the Sheriff's sale and then the final confirmation hearing. Then they will evict him and throw all his belongings out on the curb if he don't do something to put a stop to it. He is pretty dejected and miserable at this point because his job is taking him out of town for the next month or so. What is he to do?
Never fear, Creditwrench is here. I've prepared his turntable for him and he will go jump on it today. The attorney for the plaintiff forgot at least one or more little details such as the fact that his wife never signed any papers whatever but they sued her too. That is called mis-joinder of the parties. She can file a motion to vacate based on that fact. Mis-joinder of the parties. That should easily get the judgment vacated. Lawyers just hate to get sued for having wrongfully mis-joined someone to a lawsuit. Usually ends up costing them a bundle of money when the injured party sues them for their little mistake. This one ought to be worth somewhere between $50 to $100 Thousand.
But the train isn't going to stop there. We have multiple causes of action under FDCPA, FCRA, TILA and RESPA as well. This train is going to federal court.
So what do you want to do now? Refuse to go or start learning how to operate your own personal turntable?
Here is where you can start learning
http://www.creditwrench.com
http://consumers.creditwrench.com
Add to this Answer
Ask a Question
|
|
