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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.
 
   

You are here:  Experts > Business > Corporate Law > Collections Law > Account charged off as bad debt

Collections Law - Account charged off as bad debt


Expert: Creditwrench - 6/23/2009

Question
I have copies of my credit report from Equifax and Transunion. I had a account with Sears Roebuck in which I purchased a floor heater.  The heater never heated the 5 rooms that the instruction said it would do.  The merchandise was returned to Sears.  Sears agreement was that anytime a merchandise was returned, and did not satisfy the customer expectation, the customer did not have to pay the remaining balance. A judgement was filed 05/2008 to my homestead property in the amount of $2,425 by Lvnv Funding LLC in Pensacola, FL.  This amount plus 11% was computed by the pre-judgment interest and 365 was multiply that by the principal outstanding which they computed than as $6,553.36.  As of today June 22, 2009 the total amount is approximate. $11,000 and still growing.  I am 97 years old.  My daughter tried to settle with lowing the interest rate and offered $5,000, but to no prevail.  A flat NO that was the answer.  This merchandise was charged to Sears credit card.  This fund says they represent Factoring Company.  I never heard of them until I received a copy of my credit report. The only out I see now is bankruptcy.  I'm so discussed!!

Answer
You are 97 years old and thinking of filing bankruptcy? OH PLEASE GIVE ME A BREAK. No, in fact it's the other way around. Please give yourself a break. There is no way they can collect one crying dime from anybody on a pension. They cannot even threaten to do so. Filing bankruptcy, as almost always is absolutely nonsensical. The very fact that they say they represent a factoring company is an outright lie and amounts to providing you with false and misleading information. Why not just sue them for doing that and make them pay you instead of you worrying about bankruptcy or how to pay them? You can do it easily.
You don't even need a lawyer to do it.

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