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Expert: Creditwrench - 2/23/2010


Question
I am sued by a credit card attorney. Did send a response along with admission and production. Tried looking for  an attorney but like you mentioned very few know what to do. I like your style and I think you are very frank and expert. It has  been over 30 days since I request for admission but the bank has not responded. what should be my next step. I have asked them to prove and denied all stated. The court self help suggested discovery but i need to know how to turn that in my favor. How to proceed and can you help me beyond this bog. The fact that the bank has not responded is that enough to file for dismissal?

Answer
I don't think that the fact that the bank has not responded to your demand for admissions. It is up to the bank's attorney to see to it that responses to discovery demands are met on time. It is not the bank's fault they hired an incompetent attorney and so their case should not be jeopardized because of the incompetency of the attorney they hired and that is the way the court will look at it. If anything could be used along those lines then I tend to think that a motion to show cause why summary judgment in your favor should not be granted. On the other hand, I'm sure that an even better approach would be demand to compel or maybe motion tp deem admitted might be more appropriate I think that I would be more likely to go for motion to deem admitted as being the most appropriate. Thanks for the compliment.  

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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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