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Expert: Creditwrench - 6/16/2009


Question
I'm 70 years old, residing in Fl, working part-time earning $210 weekly. I made a loan to a friend in 2004 (on my credit card) who agreed in writing to repay the loan in 90 days. She made payments for approx. 6 mo. then stopped. I am being sued for the balance. My bank accounts and vehicle have my daughter's name on them, as well as  mine. Can they attach my wages or seize my vehicle or bank accounts. This is a debt that was sold to a "lawyer" debt collector who added his fee to make it over $10,000. Thanks for all you do.

Answer

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I'm sure you are the head of household so in Florida they can't garnish wages and they can't garnish pension money so you are pretty safe there. One thing you do need to watch out for and that is your bank accounts. They can seize bank accounts so you need to protect against that by keeping your pension money and nothing but your pension money in a separate bank account. Don't mix the funds or they might be able to grab them. Don't get paid from your job by EFT either. Get paper checks and cash them somewhere other than at the bank where your pension money is kept.
They probably can't grab your only vehicle in most instances. You need to check your Florida Garnishment law to see what they can or cannot grab. You can find that at www.lawdog.com . But the next problem is how to respond to that summons and complaint because they can get a judgment if you don't and there is always one way or another they can find to make you pay up, trust me on that. So you need to learn how to respond to that summons and complaint and how to win without having to go hire a lawyer to defend the case. That is what I teach people how to do. It isn't hard, it isn't rocket science and anyone can learn how to do it quickly and easily. You just need somebody who knows all the tips and tricks to sort of hold your hand as you go through the process.  

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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