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Expert: Creditwrench - 2/1/2010


Question
I starting receiving a lot of junk mail from attorneys on the 22nd of January asking if they could help me file bankrutcy, there has been a suit filed against me.  I checked the courthouse records online on Monday January 25 and sure enough there has been.  I believe this is for a debt that is at least 10 years old (I live in GA).  In 2000 I was having a really hard time and instead of filing bankruptcy when through CCCS and paid 100% of 25K in CC debt.  There was one card that would not go through the program with me and it was I believe Providian or NFANB.  They fell off the face of the earth when I went through the program with CCCS.  

I have not heard from these people all this time and now I am being sued.  I am going to the courthouse tomorrow because I need to find out what is what, but I need some help please.  Any advise you can give me would be great.  This debt has to be past the statue of limitations or does that even matter?  I have not called the attorney on record because I don't want to say something I shouldn't.  Please help if you can.  I can't afford an attorney

Answer

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Yes, it matters greatly. If you can prove the date or even approximate date you made your last payment to the original creditor then you can establish a statute of limitations defense which is virtually unbeatable. If you fail to respond with a proper defense you will lose the right to use that defense in local court but could take it to federal court where you would probably prevail anyway. If you need help preparing your SOL defense let me know. (405) 237-2174  

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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