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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.

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Collections Law - collection balance dispute

Expert: Creditwrench - 10/28/2009

Question
I had an account that was charged off. A collection agency contacted me to collect the debt they had bought. I was paying the account, and then received a letter saying the agency was no longer handling the account and my check was returned. They stated to contact the bank that originally owned the account. The bank stated someone would contact me. A year later (last month) I received a letter stating I have a balance of over $9000, which is approximately $6500 more than I last owed. The new company will not supply me with any records. During a phone call they stated they will take me to court. HELP

Answer
Seems there isn't much I can do to help you until they do sue you. Under federal court decisions they have about 10 days from the time they threatened you until the suit must be filed or they might be in violation. I'd suggest that you find out from the clerk of the court whether you can access the court filings on line or not and if not then I'd suggest that you check with the clerk of the court about twice a week to see if a complaint has been filed against you or not. You want to respond as quickly as possible without even waiting to get served. That would give you a significant advantage strategically speaking. If they haven't filed within about 10 to 20 days then get with me and let's see what we can do to head it off. If they call you do your best to record the call and all others from now on and any letters from them or an attorney. Get with me if you hear anything from them at all.

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