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Collections Law/Sued while making $200/mo payments

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Question
Mr. Paisola,
Thank you for your prompt answer!! I have a quick follow-up question for you. You suggested that I go to court and ask for the case to be dismissed. What if he refuses? Is there a chance that the judge will make a judgment against me? And I'm still paying them, should I stop now or continue? This is in Georgia. Thanks!
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Followup To

Question -
Hello,
I am being sued by a creditor (in Georgia)for $11.9k plus interest and attorney fees. I answered the summons and disagreed with
the amount since I have been making timely payments. I added this creditor to a debt management program 2 years ago & I have made $200/mo payments every month for 2 years to collection agency's attorney.  I have copies of my payment history and copies of my bank statements. I only recently found out that they
initially didn't respond to debt management proposal.

The case is now in litigation and is a court proceeding. I received a consent order from their lawyer. (Continue to make $200/mo payments with 14.9% interest) I have not signed it. I sent them a validation of debt letter (I know, too late) and I recently obtained my credit report. It list this creditor as an adverse
account (open collection agency attorney). Account updated and last payment on 7/2006. Overall, a 81 month payment history. The balance is $8,930. The line of credit (Providian) was issued in 1996 and was placed for collection (Asset Acceptance) in 2003 (I fell behind on payments in 2001).

So far, the advice I have been given is to appear in court, as my payment history gives me a strong leg to stand on and shows due diligence. $200/mo has definitely been a struggle and I'd like to finally reduce
or eliminate this debt (and/or interest). Thank you for any consideration given.

Answer -
Joey,

Thanks for taking the time to write to me on your issue.

It appears that someone is playing games with your file, as (most of the time) when a debtor enters into a payment plan, then all collection activity ceases.

Now, here is the problem that I see.

Each month that you make a payment to the attorney for this account, the DLA or Date of Last Activity is changed and moved forward based upon your proactive participation in making the payement.

If you go to my site and scroll down on the right side, you will see a button that you can push to hear a call that I made with GMAC.  In this case they were dead wrong.  It will give you an idea of how we deal with creditors and attorneys.

Now, here is the best case plan,

you walk into the court and you ask the attorney to dismiss the case based upon your payment history with his office.

YOU DO NOT SIGN A CONCENT AGREEMENT, as that casuses a Judgment to be tendered against you.

You tell him that you will continue to pay so long as the court is not in the picture.

If he says no, then I would suggest that you immediately join the VIP program at www.CollectionIndustryLive.com and I will have a "discussion" with the attorney and somehow arange a way for him to get paid and for you to avoid a court judgment.

Let me know!

Thanks So Much, and please provide feedback!

Have a great day Joey!


Robert Paisola
Chief Executive Officer
Western Capital Financial Services and
The Success Training Network
www.mycollector.com
www.RobertPaisola.com

ABOUT YOUR AUTHOR:


Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations including Western Capital and The Success Training Network, Robert trains sales and marketing professionals who want to strive to get to the top...and stay there.

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of sales performers in all organizations.

Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.

Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week Magazine, CNN, CNNFN, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations.

If you are looking for personalized service, Robert now has a reduced fee schedule for AllExperts.com members at:

http://www.mycollector.com/news_vipservices.html


Do you want to see Live Video Results?  Click Here!

http://kdka.com/video/?id=17721@kdka.dayport.com

For more information on Robert Paisola's unique training programs, contact Robert at Western Capital at robert@mycollector.com or at 1-877-517-9555 or visit
http://www.allexperts.com/displayExpert.asp?Expert=38419 or visit www.RobertPaisola.com


Answer
Hello Again My Friend,

I need to be careful how I word this reply, as there are thousands of people watching these posts.

I will tell you this.

As long as you are making payments or causing ACTIVITY on the account YOU ARE DOING NOTHING THAN EXTENDING THE DATE OF LAST ACTIVITY ON THE ACCOUNT.

I would go to the attorney and tell him that you will continue to pay if he asks the court to issue an order that upon payment in full, that the case will be dismissed and vacated.

This is a complex problem, but it does work.

Again, if you need me to get involved with the attorney, and clearly explain to him what the deal is, then I can do that.

So basically, you pay if you get the agreement, you do NOT pay if he will not work with you.  Make them come after you for the money, after about 6 months of having a worthless judgment in the file, they will gladly take a 50 percent settlement AND sign a VACATE order (which means that the judgment NEVER HAPPENED)

- ARE YOU ALL GETTING THIS?

This is something that I STRONGLY SUGGEST that you have someone on your side who knows how to deal with these guys, as they DO NOT like this tactic at all..

Let me know if I can assist you!

Thanks So Much, and please provide feedback!

Have a great day Joey!


Robert Paisola
Chief Executive Officer
Western Capital Financial Services and
The Success Training Network
www.mycollector.com
www.RobertPaisola.com

ABOUT YOUR AUTHOR:


Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations including Western Capital and The Success Training Network, Robert trains sales and marketing professionals who want to strive to get to the top...and stay there.

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of sales performers in all organizations.

Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.

Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week Magazine, CNN, CNNFN, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations.

If you are looking for personalized service, Robert now has a reduced fee schedule for AllExperts.com members at:

http://www.mycollector.com/news_vipservices.html


Do you want to see Live Video Results?  Click Here!

http://kdka.com/video/?id=17721@kdka.dayport.com

For more information on Robert Paisola's unique training programs, contact Robert at Western Capital at robert@mycollector.com or at 1-877-517-9555 or visit
http://www.allexperts.com/displayExpert.asp?Expert=38419 or visit www.RobertPaisola.com

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I wanted to take a moment to talk to our clients and readers around the world.
We are facing a VERY SERIOUS and COMPLEX financial disaster in the United States taking place. I am being overwhelmed by victims of companies such as American Express, Nationwide Credit, Allied Interstate, Unifund, and our company Western Capital.
We have also been getting massive exposure from the international media because of the video that we posted on YOUTUBE where we show our live conversation with AMEX and Nationwide Credit. You can see this video at www.MyWesternCapital.com
The Bottom line is that if you have been abused, buy an MP3 Recorder and email us your outline of whats going on. If we accept you, you will be required to pay 500.00 via PayPal.com to robert@mycollector.com and we will do the same for you as you see in the video. I will only take 5 clients a week, because of my speaking schedule.
Again... If you have been scammed, I will personally assist you. If you are a business owner visit my special message for you at www.westerncapitalturnaround.com and send your specific details also to vip@westerncapitalturnaround.com
To your Success,
Robert Paisola www.RobertPaisola.com 801-619-4700 or 1-877-517-9555


As the CEO of Western Capital MyCollector.com , based in Salt Lake City, Utah, Robert Paisola has been distinguished as a foremost expert in the field of debt collection, credit, creditors rights and collection agency administration. Having appeared on many national news and information programs, Mr. Paisola is the expert the media turns to when a creditor/ debtor issue becomes HOT! Check out the web site at www.mycollector.com for more information. If you have a special situation that you need personal assistance with, simply visit www.WesternCapitalVIP.com and you will be on your way to resolving your crisis!

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Over the past few years as I have been able to assist many of you in this and other varous forums, I have been asked over and over about the possibility of hiring me personally to resolve your specific issues.

If your situation is one of crisis - losing a home, serious collection stress, attorney involvement, tax issues, etc, a reduced rate can be provided for direct one-on-one help.

In matters where you have a lot to lose, it may be wise to call our offices at 1-877-517-9555 and ask for Lisa to see if she can set you up as a private client.

Due to my extensive travel schedule, I will not always be able to take all cases, but my goal is to assist as many people as possible.

Most of the time, we get results very quickly and we cut through all the red tape.

Are you the owner or manager of a credit and collections department? Visit www.mycollector.com and spend some time looking around.

You can now have Have Robert Paisola provide on-site training for your collectors and call center employees.

Just Call Western Capital at 1-877-517-9555 for more information or email Robert at trainings@mycollector.com

Finally, If you feel like your life is running in circles and you feel like you have lost all hope, check out Impact Trainings in Utah at www.impacttrainings.com and tell whomever you end up talking with that I personally sent you. I PERSONALLY recommend this program to all of my students, It may be the biggest challenge you ever face...YOU!

UPDATE 7-2006 We are noticing that many of the complaints that you have are against debt collection companies.( Listen to the calls at http://www.WesternCapitalTurnaround.com and you will clearly see that we may be able to assist you.

If you are looking for an attorney to merely churn papers, then I am not the solution. If you are mad as hell and want RESULTS email me now at robert.allexperts@mycollector.com and lets talk. You can also visit http://www.WesternCapitalVIP.com

WOW! I feel like I never get any sleep! YOU ARE MY CAUSE! I LOVE WHAT I DO! But, Sometimes CONFLICT is necessary to PROTECT YOU. JUST GO TO THE SITE AND BE PREPARED TO BE BLOWN AWAY!!!!!!

Also, please take the time to provide your feedback and understand that I WILL ALWAYS REPLY, and take that into consideration when you rate for answering your question QUICKLY!

I have logged in from seminars in India, Germany, Hong Kong, The United Kingdon, China, Japan and all over the world to assist YOU in a timely manner!

Please Visit www.RobertPaisola.com for all of the details!


We are taking this mission very seriously and have received over 2 Million Hits on our site at www.MyCollector.com in the past 90 days.
That shows that YOUR VOICE IS BEING HEARD!

Finally, let me say that I am honored that you are taking the time to read this. We have worked very hard to create CHANGE in the collection industry and we know that you have many choices on this incredible site to submit your questions to, and I am more than happy to assist you! Just Please provide the positive feedback when you receive a reply!

UPDATE- 4-2007 LISTEN TO A LIVE 3 STAGE CALL to ALLIED INTERSTATE AND INTELLIRISK- AS THEY VIOLATE FEDERAL LAW....WITH ROBERT PAISOLA! Robert Paisola wins $30,000 in FDCPA Damages in 45 Minutes! GO TO www.MyWesternCapital.com/news_allied.html NOW! This is a LIVE AUDIO FEED THAT WILL GIVE YOU AN IDEA HOW YOU HAVE TO DEAL WITH COLLECTORS WHO CROSS THE LINE. IF YOU HAVE HAD PROBLEMS LET US KNOW!

UPDATE OCTOBER 2006- NATIONWIDE CREDIT IS NAILED TO THE CROSS BY ROBERT PAISOLA FOR MULTIPLE FDCPA VIOLATIONS- CLASS ACTION LAWSUIT IN PROCESS- MILLIONS TO BE PAID! LISTEN TO THE LIVE CALL AT MYCOLLECTOR.COM

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