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Expert: Creditwrench - 7/29/2009


Question
I had someone call me at work yesterday they said they were from a New Hampshire Supreme Court. I took out a online payday loan and have not been able to pay it yet I had a couple other ones also and I am working on paying them. They told me if I did not pay they were going to press charges if I did not start paying them right away I am kinda worried I dont know what to do.

Answer

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Don't be worried at all. You have not broken any laws but they sure did, twice in fact. You see, it is illegal to threaten to take any action which they cannot legally do. There is no criminal law against not paying your debts. Then it is also against the law to tell someone that they represent any government agency or any kind of court or anything like that. Of course, you would have to prove that they did and if you took them to court they would simply deny it and you would not be able to prove that they did. What you needed was a digital voice recorder at work with you so you could simply turn it on and hold it between the phone and your ear and record anything they said. You couldn't use the actual recording in court but you could transcribe it and have it available in case you did have to use it in court. And you need to learn much, much more about how to deal with such people. Was that the first communication you ever had with them? Have they ever sent you any letters and if so when? While it is true that we have an obligation to pay them they also have a legal obligation to obey the law and respect you and your rights and when they fail to do that they are scofflaws and need to pay for their misdeeds. I'd go get me a good digital voice recorder such as the Olympus WS-311 M and keep in on your person at all times. It is very small and that is not hard to do. You also need to visit my web page at http://www.creditwrench.com/18questions.html and learn how to deal with debt collectors on the phone. Make them identify themselves and give you full and complete information.  You need to learn how to stop those phone calls at your workplace. I teach all that and a lot more.  

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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