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 used to have a Discover Credit Card since 2005. Unfortunately, I lost my job in 2007 and ended up moving in with my boyfriend and his mother in Indiana (I'm originally from California). I was unable to make payments on my credit card since I wasn't working (I was pregnant at the time) and when I tried making payment arrangements with Discover Card they refused to help me because I wouldn't open up a checking account so they could take the money each month. A week after trying to work things out with them they hired this lawyer, Krisor & Associates, who has summoned to take me to court. I had a court date on April 13,2009 and I showed up, however the laywers never did. I got another summons in the mail last week stating I have to be in court July 8, 2009 because they are taking me back to court to get the debt settled. I have no checking/savings accounts in my name that are in positive standing, I have no properties in my name, I have no income except from 2006 and half of 2007, which that tax money was spent on buying things for my son's arrival, I have no vehicles or anything that is in my name what so ever. I'm very terrified to go into court and judge possibly ordering me to get a job within 30 days and paying the debt off (not including paying a babysitter). What can I do?
Answer If a judge were to order you to get a job it would be the first time I ever heard of a judge doing that. Just stop to think about why a judge would not do that even if a judge could do that. Suppose you don't comply with the order to get a job. The only remedy would be to throw you in jail for contempt of court and keep you there until you complied by getting a job. How could you find a job if you were in jail? That's why it won't happen. So don't worry about that which isn't going to happen. Not much you can do if you have no funds with which to fight off the debt collector but not all that much to worry about if they can't do anything to you either.