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.
Question I received 2 leters in the mail, both stating that a lawsuit has been filed against me by Midland Funding LLC. the first letter is from "American Mediation & Alternative Resolutions", the other from "Ferrey & Nicholas, Inc." both want to work with me to settle my case before trial. To begin with I have not been served with a summons for a lawsuit. I called the small claims court clerk and she would only say that I have not been served yet and the address she quoted was the wrong P.O. box number on the case. From what research I have found it is for a FCNB Spiegel credit card I had a few years ago. I fell on some hard times and got behind on my payments. I then was contacted by "NAFS Collections"with whom I made regular payments that were automatically deducted from my account. Then one day they called and said that I had to settle the account and they would accept $463.02 to be paid in full and I had to do it that day because it was the end of the month. I made the payment but I never recieved anything in writing saying it was paid in full. Now this. I'm not sure if just copies of checks made out to this collection agency will work to prove I paid since there is no account number on it to reference and I never got anything in writing, also is Midland Funding LLC the same as NAFS Collections and Midland Credit Management Pinnacle Financial Group. What should I do now, I have not been served and since the address is wrong the court clerk said I can go there and be served? I don't want them to go to court and not be there, I will lose for sure.
Don't even worry about the service or getting served. Simply file your response with the court and send a copy to the plaintiff's attorney and you will have been served or better put, you will have automatically accepted the jurisdiction of the court and service won't be necessary. Nobody will worry about whether you have been properly served or not. You actually have a huge advantage because you can send your demand for admissions to the plaintiff's attorney at the same time you send them your response. Doing that is important. What I would recommend is that you file a sworn statement of graduated denial. You will also need a certificate of mailing.
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