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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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You are here: Experts > Business > Corporate Law > Collections Law > civil lawsuit
Expert: Creditwrench - 11/12/2009
Question
I have a civil lawsuit against me in the state of Florida for an old credit card debt (sold to collection agency). I'm a stay at home mom with children, my husband has a small business (sole-proprietor ship) and need to know if they can garnish wages on his business bank account, since I am authorized to have access to the account? I did call and tried to settle. The total amount is $11,590.00 and they offered $8,800 in three installments which I can not make, at this point what are my options, and if they file judgement on me how long will that be? what is the worst case senario?
Answer
How old is the debt? When did you make your last payment to the creditor. That has to be the first thing I need to know. If it was more than 5 years ago then you don't legally owe the debt any more. I can't tell you how long it might be before they file a lawsuit on you but the longer the better. You need to start getting proactive now and keeping track of their violations that you might be able to use in court should they sue you. So keeping track of their violations is important and of course learning about the statute of limitations which is why I asked you when you made your last payment to the creditor. Was your husband on the card in any way? That is something else I need to know.
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