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Expert: Creditwrench - 9/4/2009


Question
I opened an account in 2005 for an employee group at my former job in my name(they wouldn't let us incorporate).  The person who wrote the checks apparently overdrafted the account $350.  The debt was purchased by Liberty Acquisitions (US Bank account) and I received a summons for $750 (interest for over 3 years).  I would like copies of the statements and checks written on the account to see who wrote them.  Also, since the date of the debt  was 7/16/06, can I state that the statute of limitations expired?  3 years for open debts in Colorado.  I left in April 2006 and I messed up by not closing the account.  What are my options.

Answer

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All the explanations aren't going to do much good. I realize that we all tend to think that the courts ought to listen to our explanations and that all we should have to do is go to court and explain the situation to the judge and it will surely all go away but that simply isn't the case. The court isn't interested in why you owe the money, all they care about is whether you do or do not owe the money. That's all the plaintiff cares about too. If you want copies of the statements and checks you will most likely have to get those from the bank itself. If you can't do it that way for some reason then you will have to try to get them from the plaintiff through the discovery process. If you believe you have a statute of limitations defense you will have to present that in the proper way as well but you will have to be prepared to prove that it is indeed outside of the statutory limits. Your statement alone without some reasonable proof isn't likely to cut much ice in court. The problem you have is trying to prove that you don't owe the debt against their allegations that you do. If you can't do that or don't do it properly then you will lose and get a judgment against you. Of course, a judgment doesn't mean that they court has ordered you to pay. A judgment don't do that. It just says that you owe them the money and how much you owe. If you don't pay the judgment voluntarily then they will have to go to court and get a garnishment in order to seize your bank accounts or your vehicles or any other type of property or garnish your wages if you have a regular job. The only way you can hope to win is to learn how to defend properly. Just talking to the judge isn't likely to get the job done. You can learn how to do that in just a few hours with the right teacher and that is what I do. I teach people how to do what you have to do.  

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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