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 am 6 months delinquent on a credit card balance. I have been trying to get my house out of foreclosure, which I did just THREE days ago. Today I get a call from a company representing a lawyer stating that I need to give them money or a post-dated check for the full amount on my past due credit card. I have to call the office back in 1 hour or else they say they are going to sue me and garnish my wages. My question is, will I have to go to court before they can garnish my wages? They say they will take my entire pay check until the debt is paid. I tried to tell them that I will have the money in less than 6 weeks. They won't listen. They say I have to give them a electronic check today for the full $5432,61. Any advise, help would be MOST appreciated!
So they said you had to pay them the entire amount or they will take you to court and take your entire pay check? Too bad you haven't been a creditwrench student long before this. If you had been or had even been studying the law on your own you would have known to have a digital voice recorder working at all times and taping every call. You would have known that they can't legally do what they threatened to do and you would have known that they violated the law when they attempted to intimidate you in that way. It is against federal law the threaten to do that which is illegal for them to do or which they have no real intention of doing. In fact, this is 5 days after the illegal threat was made and if you had been a creditwrench student you would have known that all you had to do was call me and I would have given you some guidance to help you prepare your federal case against them and you just might have been able to prepare your case and have it all ready to go file next week. You would also know that no, you don't have to go to court before they can garnish your wages. You also would have sent the lawyer a demand for validation when they first contacted you and you would probably have several other violations by this time as well. You would also know that if you are served you will need to file a response to their complaint. You would not be afraid of going to court without a lawyer because you would already know what the outcome of the trial is likely to be so you would probably start getting your protections in place so they can't garnish your wages no matter what they do or what the court rules. You would also know that in the event that they get a judgment against you one of the first places they are likely to strike is any checking or savings accounts you have. They will hit those first then go for garnishment. So you would already be keeping those balances down to almost nothing. You would know that you can sleep easy because you would know how to defeat them at every turn. You would also know that while winning may not be easy it isn't all that hard either. This stuff isn't rocket science and you don't need lawyers to win. All it takes is the will to do whatever it takes to win. You did the right thing keeping your house out of foreclosure. Now then, keep it that way if at all possible but also realize that anything can happen there too. Foreclosure is to be avoided at al costs but if worse comes to worse then foreclosure can be defeated too. You have to be willing to stand up and learn how to fight there too. Start learning about foreclosure and how to win against foreclosure now just in case something goes wrong with that. Don't let these small debts put you behind on your mortgage, transportation, food or utility bills. Your home and your transportation are the most important so don't let other bills put you into bad shape on the important stuff.
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