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 read with interest your response to an individual being sued by Blitt and Gaines in IL several years ago. We are in a similar situation, except we do not dispute the existence of a debt with the original creditor (Capital One). We are disputing B&G's authority to collect as well as the amount. We have requested debt validation four times via CRRR and received in response photocopies of 2 statements dated one year apart and copies of generic credit card terminology.
Now, quite by accident, we found out they are suing us. We haven't yet received a summons and the hearing is in 15 days. We can't afford an attorney, but I think we would be able to argue against a judgment considering they never validated the debt and refused to discuss a settlement. (Capital One refuses to have any contact with us regarding the account and won't tell us if they sold the account.) I have copies of all of our correspondence (CRRR green cards too) and the measly docs they sent to us.
If we don't receive a summons, should we show up at the hearing anyway? Should I come prepared with some kind of motion in addition to our documentation? If so, can I draft this myself or do I need an attorney? Isn't B&G required by law (FDCPA) to provide the specified documentation as proof of ownership/authority to collect? Also, the account was in my husband's name, and it is highly unlikely he will be able to show up in court (he works out-of-state, a 10 hour drive). Would a Limited Pwr of Atty appointing me as his agent be sufficient for the court to deal directly with me?
First of all I can assure you that a hearing in 15 days isn't likely to occur for many reasons. I would suggest that you go to the county clerk's office and ask to see your husband's public record. Then ask to see all the paperwork in the file and get copies of it all. Then I would go home and prepare a response to the summons and complaint, a demand for validation, a certificate of mailing and a good list of demands for admissions. Then I'd go file the response with the clerk of the court and mail it and all the rest of the documents to the plaintiff's attorney by certified mail, return receipt requested. I'd suggest a sworn before notary public statement of graduated denial. That means you would have to fax it to your husband, have him go to a notary and sign it and then he can fax it back to you. I can't really answer your question about the limited power of attorney but I doubt the court would allow that. You could probably get the answer to that question by asking the clerk of the court or maybe call up a couple of lawyers and ask them that question over the phone without incurring any cost. As far as hiring an attorney goes, do what you want but I wouldn't hire one in a debt collection case. The results are likely to be much the same with or without an attorney.
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