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About Creditwrench
(Top Expert on this page)

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.

You are here: Experts > Business > Corporate Law > Collections Law

Questions Answered By Expert Creditwrench
In Category Collections Law

Subject	Date Asked

Colorado - credit card debt, lawsuit, default judgment questions	10/6/2008
Q: Background: I'm Colorado based. To keep a business afloat I sold personal assets and used credit ... A: To answer your first question, I would check with the clerk of the court to see if the court dockets ...
debt validation	10/6/2008
Q: Can a debt collector ask for more information after a validation letter is sent? I recently sent a ... A: I suspect they are just trying to stall you and befuddle you with nonsense. You probably have a ...
False amount lied affidavit	10/5/2008
Q: I have confusing question I hope you Can help me with. I have a default CC from about 3 years ago.It ... A: Lots of things I have to know before I can start to give you any suggestions. So here goes. 1. What ...
How do i answer a summon?	10/5/2008
Q: I have till tomorrow to answer a summons. I owe $1,761 plus $352 lawyers fee. I have no idea what ... A: You say that you have until tomorrow to answer a summons but you may actually have until Tuesday to ...
Court Summons for Credit Card Debt.	10/2/2008
Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ... A: Yes, all you have to do is show up in court and demand that your case be heard in a trial before a ...
Court Summons for Credit Card Debt.	10/2/2008
Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ... A: Mediation is nothing more or less than arbitration and I don't like either one because both of them ...
Collection on residential lease	10/2/2008
Q: Last year I signed a lease for an apartment in Washington DC with my friend for 12 months. After ... A: Then you need to pull your credit reports to find out if there is any incorrect information or ...
Court Summons for Credit Card Debt.	10/1/2008
Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ... A: Will your SOL argument work? Probably not unless you really know how to make it stick. Most judges ...
Civil Summons	10/1/2008
Q: I received a civil summons to answer within 20 days. It is from a credit card debt I do owe. I have ... A: You will have to file a response to the summons. It makes no difference that you owe the money. That ...
seizing of assets	10/1/2008
Q: I have a court appearance on an old credit card. I was told that the creditor would try and put a ... A: You have really shot yourself in the foot. That is about the worst thing you could have possibly ...
seizing of assets	9/30/2008
Q: I have a court appearance on an old credit card. I was told that the creditor would try and put a ... A: You want to make certain that the money from the pension and the money from the court settlement are ...
Love, Beal, and Nixon	9/25/2008
Q: I got information today from a home investor that LB&N had some type of lien or had attached an ... A: I certainly would advise against contacting LBN in any way because judgments have a 5 year statute ...
Confused as hell.	9/23/2008
Q: I was about to be taken to court back in April from a Law frim representing Asset Acceptence. THis ... A: Well, your dumb attorney wasn't so dumb after all when he told you to wait for the summons. I say ...
Served for old debt	9/22/2008
Q: My wife and I recently moved out of Tulsa, Oklahoma to Charlotte, North Carolina on 8/16/08. The ... A: The Oklahoma Statute is 5 years, not 3 years. As you say, North Carolina is 3 years and that is the ...
CREDIT CARD DEPT	9/22/2008
Q: MY HUSBAND HAD A CREDIT CARD FOR SEVERAL YEARS. THE AMOUNT CHARGED WAS LESS THAN $4,OOO. WE CAME ... A: Although the solution (how to do it) is fairly complicated what you should do is simple. You must ...
Anser to cournt sumon on debt collection	9/21/2008
Q: I am recently being serrved a summon in Travis county court of TX, the plaintiff is citibank and law ... A: You are theoretically correct on the sworn denial issue but what are you going to do if there is no ...
Anser to cournt sumon on debt collection	9/20/2008
Q: I am recently being serrved a summon in Travis county court of TX, the plaintiff is citibank and law ... A: Why would you file two different types of denials? One is all you need. But what are you planning ...
filing an answer(defense) in a civil complaint	9/18/2008
Q: I need to file an answer and just need to know how to set it up so that it would be accepted by the ... A: Just look at the complaint. That should give you a pretty good idea of how to do it. I am truly ...
filing an answer(defense) in a civil complaint	9/17/2008
Q: I need to file an answer and just need to know how to set it up so that it would be accepted by the ... A: You don't want to file an answer. You want to file a response. There is a big difference between the ...
How to respond to summons if cc debt is past sol	9/17/2008
Q: I received a civil summons today from an officer at my home for a credit card debt.When I checked my ... A: I would say that it depends on whether or not they actually dismissed the case in the first county ...
unsecured debt and judgements	9/16/2008
Q: i live in georgia, i own a home with 60% equity, i am current on the mortgage and small 2nd ... A: I would get your name off of any checking accounts and anything to do with the corporation. If your ...
summuns	9/16/2008
Q: I receved a summons from the clerk of courts in euclid ohio.FOR CREDIT CARD THEY SAY I HAD BUT I DO ... A: YOu will have to answer the summons. I would be very suspicious of that affidavit. It is probably a ...
unsecured debt and judgements	9/16/2008
Q: i live in georgia, i own a home with 60% equity, i am current on the mortgage and small 2nd ... A: yes, they can get to your checking account and they can go after the second vehicle that is paid ...
credit collection	9/16/2008
Q: This is an interesting forum, I do have a question. In the past I fell behind on my Sears card. ... A: Obviously you made a huge mistake paying the debt collector anything at all so don't make the same ...
Summons-SOL	9/16/2008
Q: I was served for a credit card debt that I believe is beyond the SOL. My credit report says that ... A: SOL runs from the time you made your last payment plus 30 days until the time they filed their ...
Process of hearing vs trial.	9/16/2008
Q: I haven't been served yet, but its coming any day. I can get on the internet and see the hearing is ... A: Send all your discovery requests to the plaintiff's attorney at the same time you send your denial. ...
How to respond to summons if cc debt is past sol	9/16/2008
Q: I received a civil summons today from an officer at my home for a credit card debt.When I checked my ... A: April /05 to April /08 would be the 3 years so they filed in time. Can't use a SOL defense. You ...
unsecured debt and judgements	9/15/2008
Q: i live in georgia, i own a home with 60% equity, i am current on the mortgage and small 2nd ... A: Georgia is not a community property state so they can't touch your husbands assets. They can put a ...
Summons for a lawsuit	9/14/2008
Q: I recieved a personal loan from a credit union (I live in GA) in 2001. in january 2004 my ... A: You will have to respond to the summons or they will get a default judgment. Above all, don't pay ...
collection of summary judgement	9/12/2008
Q: I have a court case in which a credit card company is seeking a summary judgement. If the summary ... A: If a summary judgment is awarded? There isn't any "if" to it unless you start learning how to deal ...
court summons,possibly past statue of limitations	9/11/2008
Q: I just received a court summons for a debt with Citibank, it's a summons to appear in court. I ... A: Can I explain briefly how you can use the graduated denial? Not in a public forum I can't. Far too ...
How to prepare for trial	9/10/2008
Q: I received a court summon on August 28 from a collection agency lawyer, and this account is formerly ... A: The problem is no longer in the hands of the debt collection agency. It is in the hands of the ...
summons served	9/9/2008
Q: I just recently was served a summons from an attorney out of town by Asset Acceptance LLc with my ... A: Just writing letters will get you absolutely nowhere when dealing with courts. All courts use ...
Response to Civil Summons	9/9/2008
Q: I recently was served a civil summons on a vehicle I voluntarily let go back in 2005. On June 30, ... A: I can't give you legal advice and even if I could I wouldn't be able to do it in such a forum as ...
summons served	9/8/2008
Q: I just recently was served a summons from an attorney out of town by Asset Acceptance LLc with my ... A: First of all, don't attempt to educate the other fellow. If they used a name with a totally wrong ...
Credit Card	9/8/2008
Q: Mi ex novio uso mi informacion de SSN para abrir 2 cuentas de tarjeta de credito por un total de 9 ... A: Su ex novio agarro su information personal y uso para abrir 2 cuentas de tarjeta de credito? ...
debt	9/7/2008
Q: I have two negative accounts on my credit report. 1)I owed $500 to at&t for a cell phone bill that ... A: I need to know what state you live in because the 7 year statute of limitations has absolutely ...
getting my money back	9/7/2008
Q: I loan someone $400.00. I had them sign an IOU for it and stating she would pay it back by Dec ... A: Yes, you can do that by filing a complaint against her in small claims court and getting a judgment. ...
Resolving judgement	9/5/2008
Q: My husband has a judgement against him for a defaulted Dillard's card, filed in 2005. We are trying ... A: Well, seems to me that the attorney is the one who should resolve this issue. If nobody knows ...
FNCB Speigel	9/5/2008
Q: My debt was a $35 late payment that has balooned into $880+ (including a $350 lawyer fee). My ... A: Five years on an oral contract? What state do you live in? If the SOL has passed you need to file a ...
I'm a little confused with procedure.	9/3/2008
Q: I'M about to be served, I know this becasue it says "out for process server" in my states database. ... A: You are actually trying to consider a number of things that really don't make much difference or at ...
summons served	9/3/2008
Q: I just recently was served a summons from an attorney out of town by Asset Acceptance LLc with my ... A: The first thing to do is check with the clerk of the court at the county court house and see if a ...
Debt Collection	9/2/2008
Q: I purchased a vehicle in 01/2003 in 05/2005 I became ill and could no longer afford the vehicle due ... A: You situation is a bit confusing because SC law says that written contracts are 10 years and ...
Received a court summons today	8/31/2008
Q: I received a court summons today from a law firm representing Midlands Credit Management. After ... A: If they haven't filed the case but sent you papers that allege that they did that could be a ...
FAber and Brand says FDCP doesnt apply and wont send me info?? I need help.	8/30/2008
Q: I need help bad. I opened a credit card with advanta bank 3 under my name . It was a card they would ... A: Thats a lot of hopes you have there but you might as well hope they get hoof and mouth disease or ...
FAber and Brand says FDCP doesnt apply and wont send me info?? I need help.	8/29/2008
Q: I need help bad. I opened a credit card with advanta bank 3 under my name . It was a card they would ... A: I asked the question because if it is a consumer debt or you actually used the card for personal ...
Settling Debts with Collection Agencies; or Filing Chapter 13?	8/29/2008
Q: I have a specific question for you about my debt situation. To explain; I am the single Mom of an ... A: Well,it seems obvious to me that you have already seen how much the credit card companies have ...
mediation	8/29/2008
Q: Do I have to attend court-ordered mediation sessions? I do not want to attend this mediation. Thanks A: No, you don't have to attend the court ordered mediation. But failure to attend is likely to make ...
statute of limitations defense	8/29/2008
Q: The statute of limitations on open end accounts in my state is three years. Will a recent credit ... A: A judge may or may not consider that to be reliable evidence. I really don't know of any instance ...
Nationwide Credit	8/29/2008
Q: American Express has sent my account to Nationwide. Nationwide says they won't accept monthly ... A: But then said I shouldn't pay American Express and would have to pay Nationwide. I'm confused. If I ...
Capital One Bank	8/28/2008
Q: My husband, before we were married, got a credit card with a limit of $500.00 from Capital One ... A: First of all, what state do you live in? When did your husband make his last payment to Cap One? The ...
Judgement	8/28/2008
Q: I had a judgement place against me and is still on my credit for almost 5 years now. It was a ... A: No, you didn't do the right thing. So let's start with gathering a couple of facts. 1. What state ...
RE:Notice of right to Have Exemptions Designated	8/28/2008
Q: I received this court paper from the sherriff and i dont know what to do.Im being sued for the money ... A: There are some things I need to know before I can help you. I need to know what state you are in and ...
Physician payment	8/27/2008
Q: My daughter underwent surgery in January and I have been billed for the amount over the insurance ... A: Yes, they can and they probably will. You should probably hope they do and the quicker the better. ...
Received a court summons today	8/27/2008
Q: I received a court summons today from a law firm representing Midlands Credit Management. After ... A: I would be extremely careful what I did with this deal. You will have to do your research on this ...
Nationwide Credit	8/26/2008
Q: American Express has sent my account to Nationwide. Nationwide says they won't accept monthly ... A: First of all, they are a 3rd party debt collector but regardless of who they are you should never ...
We've received a collections summons on a CitiBank account.	8/26/2008
Q: My wife has just received a court summons from a collection agency's lawyer, and this account is ... A: You are very lucky the debt negotiation company wouldn't take your case. They would have just robbed ...
service time from date issued, summons	8/26/2008
Q: I was served a summons last night, 8/25 the issue date was 7/21. I am notified to appear or face a ... A: I'd file a motion for extension of time and in your motion tell them when you got the summons. You ...
Served for a Debt I am paying	8/26/2008
Q: Lovely, the day before my 30th B-day I'm served by the Merchants Credit Corporation. A nasty mean ... A: That's what you get for messing with a debt consolidation company. The creditors have no obligation ...
Summons/SOL for NM Passed/Now Live In OR	8/26/2008
Q: I will do my best to state the facts clearly & succinctly as I am in need of advice: Had a free ... A: Probably more tricks but you need to call up the clerk of the court in that county and find out if a ...
Vol. Car Repo	8/25/2008
Q: I had a car that I turned in, in 2006. I received a letter from my local saying I was being sued by ... A: You should send the second attorney a demand for validation/dispute letter immediately. Don't say a ...
Someone Giving Out My Number	8/25/2008
Q: For over a year, I have been getting phone calls from credit agencies (either 866 number or UNKNOWN ... A: Not hard at all. All you have to do is answer the phone and demand that they give you their contact ...
How a representative spoke to my wife.	8/25/2008
Q: At the end of May this year we had sent our credit card info to a debt management company to help ... A: Absolutely! Sue him in federal court and make him pay for his abusive tactics. Bill Bauer ...
BAD DEBT IN TEXAS	8/25/2008
Q: I was reading your response that after 7 years a company can't sue you over the debt. and that 11 ... A: Yes, but it must say: Cease & Desist from any and all contact with me by any means whatever. She ...
statute of limitations defense	8/25/2008
Q: I am being sued by LVNV Funding claiming to be a "factoring account" collecting a credit card debt ... A: It might be used as evidence but the best evidence rule would dictate that a statement from the ...
Summons/SOL for NM Passed/Now Live In OR	8/25/2008
Q: I will do my best to state the facts clearly & succinctly as I am in need of advice: Had a free ... A: @ The plantiff is LVNV. Looks like something they bought from Sears Nat'l Bank. Debt dated as being ...
20 Year Old Debt Collection	8/24/2008
Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ... A: That would be within 5 days after their initial contact with the consumer they must have a letter ...
Vol. Car Repo	8/24/2008
Q: I turned in my car in 2002 when I became pregnant with my second son. As a single mom, I choose to ... A: Well, your response is good but now you need to follow up with interrogatories, admissions and ...
20 Year Old Debt Collection	8/24/2008
Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ... A: I'd suggest that you forget all about what you have read "elsewhere" and start getting your ...
Received a court summons today	8/24/2008
Q: I received a court summons today from a law firm representing Midlands Credit Management. After ... A: First go to your bank and get copies of the checks you paid them with. Secondly prepare your ...
Debt Validation	8/24/2008
Q: I have written before, still with the same problem. I received a collection letter from the JDB that ... A: They can file a judgment even though they have never validated the debt. No problem. Yes, they must ...
debt collection	8/23/2008
Q: i just recently asked a question about arbitration. i need to add to that question. i want to say ... A: Believe it or not they can do that but when it gets to your local court the judge isn't going to pay ...
debt collection	8/23/2008
Q: we have received an arbitration claim by certified mail against a credit card debt. (claim ref. # ... A: Credit solutions? Fire them immediately. They aren't doing you any good. Fact is they are probably ...
Summons & Court Date	8/23/2008
Q: I immediately pulled my credit report with Transunion and can find no mention of this debt. I ... A: You thought they could not proceed until they supplied you with full debt validation? Where did you ...
debt collection	8/23/2008
Q: I received a telephone call from a debt collection company stating that they were given my account ... A: No, $400 isn't going to bankrupt that company. Neither is the $4.00 they probably paid to buy that ...
credit card debt	8/22/2008
Q: I received a summons to appear in court for a credit card debt I haven't paid on in several months.I ... A: You must respond to the complaint. If you don't then they will get a default judgment. Once they do ...
hospital bills in collections	8/21/2008
Q: In 2005 I had an approx. $500 hospital bill go to collections in NC. I was unable to pay at the ... A: I don't know a thing about credit reports or credit repair so I don't get into that kind of thing at ...
Electric Bill Collections	8/21/2008
Q: I have just received two calls from a collection agency in regards to our Electric Bill from the ... A: Pay the original creditor or nobody. If you live in or near the same city where the electric company ...
SERVED A SUMMONS TO FORECLOSE	8/21/2008
Q: I WAS SERVED A SUMMONS TO FORECLOSE ON AN INVESTMENT PROPERTY THAT I OWN AND HAVE BEEN UNABLE ... A: Postmarked date don't usually work. Has to be in the court by the due date or you lose. But what ...
20 Year Old Debt Collection	8/21/2008
Q: I was contacted by a debt collection agency on 8/20/08 regarding a Kay Jewelers credit card debt ... A: First of all, as you may be aware, the debt is outside of your state's statute of limitations. Even ...
deficiency balance	8/21/2008
Q: I have a loan thru a finance company in Washington State. The security consists of a motorcycle, ... A: Count on the fact that if you let it go bad they will sell it for much less than it is worth and you ...
Injured by dentist, Bill in collection	8/21/2008
Q: Please help asap!! I have been receiving strange calls from an unknown tel. number, which I never ... A: First of all, why is it that you don't want to sue the dentist? You really should. Secondly, if you ...
NCO	8/21/2008
Q: I have an outstanding debt with NCO. The Bill says that the purchased amount is $134.97 Yet they ... A: Sounds to me like you have a great case against NCO. You should sue them. If you demanded ...
Sued by Palisade Collections	8/20/2008
Q: I received a summons stating that I was being sued by Palisades Collections for an old Providian CC ... A: What I would do is go to the clerk of the court and ask to see your public record then look for that ...
statue of limitations for unpaid bills in california	8/20/2008
Q: my son owes alot of debt credit card, car loans,medical bills. his wife says if they wait 7 years ... A: Both of you are correct. It just depends on what statute of limitations you are talking about. She ...
Suit by Mann & Bracken	8/19/2008
Q: Am I correct to assume that the declarations page which is not notarized but is signed by the lawyer ... A: I must assume that you didn't demand validation in writing within 30 days after you received their ...
Electric Bill Collections	8/19/2008
Q: I have just received two calls from a collection agency in regards to our Electric Bill from the ... A: You may not want to believe what I am going to tell you but the truth is that paying the debt will ...
Time period after filing a response to a civil suit summons	8/19/2008
Q: I filed response to a civil suit summons about a month ago and I have not received anything from the ... A: Absolutely not! They are not allowed to continue with collection attempts until they have validated ...
Old Debt...Midland Mgmt trying to pursue legal action!	8/19/2008
Q: I have an old debt with Associates Company! The debt is almost 9 years old and has been passed along ... A: According to some courts, the letter threatening legal action can be construed as a violation. ...
Vol. Car Repo	8/18/2008
Q: I had a car that I turned in, in 2006. I received a letter from my local saying I was being sued by ... A: So you have been served with a summons and copy of the complaint or not? That has to be the first ...
auto lien	8/17/2008
Q: I was involved in an accident in Nov.o7 and have not worked or made any income since. I have a ... A: Have your friend put a lien on it for whatever it is worth. Sign a contract with him to pay him the ...
9 year old debt	8/17/2008
Q: I was just contacted today, Sunday August 17th, by a collection agency. The person I spoke with ... A: The first thing to do is remember that since that is their initial contact with you they have 5 days ...
Civil summons for invalid debt beyond SOL	8/17/2008
Q: Yesterday I received a certified letter from the county courthouse listing me as a defendant in a ... A: I sure would like to see an actual copy of that affidavit. Is there any way you can send it to me? ...
Collection on old credit card debt past sol	8/17/2008
Q: State is NC.I was sent a collection notice from ATG CREDIT ,LLC.Account has been referred to them ... A: That presents a bit of a problem. You know the debt is past SOL because the account number is for a ...
Civil summons for invalid debt beyond SOL	8/17/2008
Q: Yesterday I received a certified letter from the county courthouse listing me as a defendant in a ... A: Time barred is approximately correct. Motion to dismiss for failure to state a claim upon which ...
Civil summons for invalid debt beyond SOL	8/16/2008
Q: Yesterday I received a certified letter from the county courthouse listing me as a defendant in a ... A: Why would you file an answer to any debt regardless of age? Of course, you must respond to the ...
unfair car repossession	8/16/2008
Q: I would just like to ask about car repossession and as well as deficiency judgement. My story was ... A: I certainly do use different methods. I vehemently disagree with such scams as those you mentioned. ...
Being Sued by JP Morgan Chase	8/15/2008
Q: I was served with a lawsuit for full payment of my credit card. The problem is that I was on a ... A: I'd go for it pro per knowing that I would most likely lose in local court. But I would look for ...
Responding to Bill of Particulars	8/15/2008
Q: I am the plaintiff. The defendant is my ex-husb. He hired a lawyer when I filed a warrant of debt ... A: The first thing you should do is to check both your state and local court rules to see if they allow ...
Time period after filing a response to a civil suit summons	8/15/2008
Q: I filed response to a civil suit summons about a month ago and I have not received anything from the ... A: Most affidavits are false or misleading one way or another. Many are outright lies that can be ...
Spellman & Roman	8/15/2008
Q: This co. called me this morning threatening to have my husband arrested if we didnt come up with ... A: No, it is not legal for them to do that. You can't do much about it if you can't prove that they did ...
Civil Summons Update	8/15/2008
Q: I just submitted a question and after I did I did some research and found that according to my ... A: That would not be a good approach to the problem at all. First of all, letters to the court are not ...
statute of limitations	8/14/2008
Q: I had a credit card in Connecticut in late 1990. I moved to Rhode Island in 1999.An agreement with ... A: There are actually three different statutes of limitations that can be used in credit card debt ...
RE: How do i find out how much i really owe the bank?	8/14/2008
Q: Expert: Creditwrench Date: 8/11/2008 Subject: How do i find out how much i really owe the bank? ... A: Is answering the best thing to do? Well, what is your answer going to be? That should tell whether ...
Summon for Medical Bill	8/14/2008
Q: I live in Washington State and I have received a summons regarding a medical bill from Christmas ... A: You are absolutely correct in saying that the validation letters to be found all over the internet ...
Judgement	8/14/2008
Q: I read some of your questions and answers on your website. I can certainly can relate! I was served ... A: Why would you want to pay some gentleman who has a friend who is an attorney and would cost over ...
Collecters harassing me about someone else	8/13/2008
Q: I receive a good three, five, sometimes ten phone calls a day from what seems on my caller ID to be ... A: Before you can take legal action against these people you need causes of action. To get your causes ...
Law suit against me from Global Acceptance Credit Corp. LP	8/13/2008
Q: First: The DLA on the debt is 06/05. The complaint was filed 05/27/08. I never received any letters ... A: You won't be successful with a statute of limitations defense then. Inside is inside and outside is ...
prevent a medical bill from going to judgement	8/13/2008
Q: My question is 10/28/07 my husband had acute appendicitis he was operated on our insurance paid at ... A: Legal rights? Well, you have the legal right to fight about it for whatever good that will do you. ...
Being Sued by Dynamic Strategies, inc.	8/13/2008
Q: my wife was just served papers on my behalf from a company called Dynamic Strategies, Inc. They are ... A: Yes, there are some legal loopholes that can get you past this problem. Can you prove when you made ...
judgements	8/13/2008
Q: Credit card company recently froze 2 of my checking accounts and a savings account which was not ... A: There is a way or maybe even two ways to do that But in order to tell you whether or not that is ...
being sued by BofA	8/13/2008
Q: Greetings Bank of America has "sold" my debt to a third party collector-for what it seems anyway. ... A: I was just inclined to want to do that.. however is it legal to record voice mails in NC, if not as ...
being sued by BofA	8/13/2008
Q: Greetings Bank of America has "sold" my debt to a third party collector-for what it seems anyway. ... A: For right now all I can tell you is don't call them back and save those voice mails. Record them if ...
received non jury roster	8/12/2008
Q: i live in the state of south carolina. i received a non jury roster for a collection from the year ... A: Ok so you are in good shape for a SOL defense. Household bank is not a collection agency nor is it a ...
sued by capital one	8/12/2008
Q: I received a civil summons on Aug 3 2008. I am being sued by capital one for a $1580.00 that with ... A: Court appointed lawyer? What court appointed lawyer? This isn't a criminal case and only those ...
Voluntary Repo	8/12/2008
Q: My brother voluntarily repoed his Hundai Sonata in July of 2004. Somehow, someway, they are just ... A: Your father needs to send a cease & desist letter to the collection agency. That should stop them. ...
judgements	8/12/2008
Q: Credit card company recently froze 2 of my checking accounts and a savings account which was not ... A: One thing you might do if the other family members are adults is to have them sue for wrongful ...
statue of limations	8/12/2008
Q: My ex-husband had a car repossessed in 2000. I am on the loan as well and they are coming after me ... A: Pennsylvania statute of limitations is 6 years so it is well outside the statute of limitations. ...
Time period after filing a response to a civil suit summons	8/12/2008
Q: I filed response to a civil suit summons about a month ago and I have not received anything from the ... A: I can't answer that. Maybe the clerk of the court could give you some kind of answer. So what was ...
received non jury roster	8/12/2008
Q: i live in the state of south carolina. i received a non jury roster for a collection from the year ... A: Then you must respond to the complaint or they will get a default judgment. Can you prove when you ...
judgements	8/12/2008
Q: Credit card company recently froze 2 of my checking accounts and a savings account which was not ... A: You may have little choice since you didn't do the proper things back then. If you can tell me ...
Judgement on Civil Case	8/11/2008
Q: I owed a debt and missed a court date. When I tried to straighten it out, they told me the judgement ... A: Don't worry about the car. It is safe in your step dad's name. The only thing you really have to ...
How do i find out how much i really owe the bank?	8/11/2008
Q: Mr Creditwrench, I called BOA to find out how much I really owe they said it was charged off and ... A: You will probably never find out how much you really owed the bank. The truth is that they sold the ...
colections	8/11/2008
Q: My fiance' and I recently had a baby and we have some left over med bills....they are not outrageous ... A: No, You have to make better arrangements that they will accept. Call them up and see what the ...
judgement	8/11/2008
Q: I just received a summons I am being sued by a credit card company I know if I don't answer this ... A: Basically speaking they can't do a thing to you except hurt your credit even more than it already ...
Civil Court Debt Collection/Ohio Law Firm	8/11/2008
Q: In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane ... A: While I do have several blogs a better way is for you to join in on our Friday night conference call ...
Civil Court Debt Collection/Ohio Law Firm	8/10/2008
Q: In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane ... A: What you seem to fail to understand is that there is only one question before the court and that is ...
Being Sued by Capital One	8/10/2008
Q: I received a Summons and Complaint Aug. 1, 2008. I live in Michigan I am being sued by Capital One ... A: If you file an answer and take your chances with the judge the outcome is a foregone conclusion. ...
Civil Court Debt Collection/Ohio Law Firm	8/9/2008
Q: In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane ... A: First of all, your request to dismiss based on violation of FDCPA is going to get denied. FDCPA ...
auto repossession	8/8/2008
Q: Our auto was repossessed and sold at auction. The finance company lists the debt as charge off on ... A: If they have not done anything wrong in their collection efforts then you might want to see to it ...
Being Sued by Capital One	8/7/2008
Q: I received a Summons and Complaint Aug. 1, 2008. I live in Michigan I am being sued by Capital One ... A: I probably got it but to know for sure let me ask you a question which will help me identify your ...
Judgement on Civil Case	8/7/2008
Q: I owed a debt and missed a court date. When I tried to straighten it out, they told me the judgement ... A: Forget the appeal. That is a waste of time and money. You are a single mom so what do you do for ...
summons	8/7/2008
Q: My daughter just got a summons to appear in court because of a credit card debt that she has not ... A: Michigan is not a community property state. What can the credit card company do next? That may ...
Debt Collection and the Army	8/7/2008
Q: I am a Army National Guard soldier and do to my wife loosing her job and a decrease in my income I ... A: I don't know about military law or regulations so can't answer much about that but I tend to doubt ...
auto repossession	8/7/2008
Q: Our auto was repossessed and sold at auction. The finance company lists the debt as charge off on ... A: Can they put a lien on your home? Yes, they can do that. You cannot afford to pay the debt? Don't ...
Civil Summons for credit card	8/7/2008
Q: I have just been served a civil summons for a debt that they say I owe, I know the amount is no ... A: I can't possibly answer your question with no more information than you have given me. Among the ...
arbitration/registration of award	8/6/2008
Q: I signed an agreement with a well known law firm in CA to negotiate my debts. MBNA took me to ... A: There are several things I need to know in order to help you. 1. What state do you live in? 2. ...
Signing a Consent Judgment	8/6/2008
Q: (Arising from lawsuit after an accident where my ins. had lapsed)After a long fight with insurance ... A: Absolutely do not sign any kind of stipulated agreement or judgment of any kind. Those things are a ...
Collections	8/6/2008
Q: I have a loan that was a joint account that defaulted during a seperation. The vahicle was ... A: Expect a lawsuit. You should start now to learn how to fight lawsuits without a lawyer. It really ...
Summons for Credit Card Debt	8/5/2008
Q: I received a Summons on 7/31/08 to pay debt that I owe to US Bank. I am in the process of filing ... A: I'd say you should ignore that lawyer and file a response to the summons. I'd also send a validation ...
How to answer a civil summons?	8/5/2008
Q: I just want to know how to answer a civil summons I received this past Saturday 8/2/08. It is from ... A: How to answer a civil summons? That's what I teach my creditwrench students. However there is a link ...
Being Sued by Capital One	8/5/2008
Q: I received a Summons and Complaint Aug. 1, 2008. I live in Michigan I am being sued by Capital One ... A: Well, the first thing I need to know is when you made your last payment to the creditor and on ...
Prior to a Civil Judgement... Ohio	8/4/2008
Q: I received a summons for a civil action. This is regard to money owed to a credit card company. I ... A: Yes, you can do that. The worst they could do is to file an action to have the sale or transfer ...
Texas: Debt Collection Law Suit & Statute of Limitations	8/3/2008
Q: I live in Texas. I have an outstanding debt for collection of an unpaid balance on a car loan. The ... A: The thing for you to do is go to the county clerk's office and ask to see your public record. They ...
Car Repossesion	8/3/2008
Q: I voluntarily turned in my car at the dealership. While in their possession the car was in an ... A: The fact of the vehicle having been in an accident would not make a difference on the total amount ...
Texas: Debt Collection Law Suit & Statute of Limitations	8/3/2008
Q: I live in Texas. I have an outstanding debt for collection of an unpaid balance on a car loan. The ... A: My questions are: 1. Am I correct in my interpretation of the SoL on the start date of the SoL? I ...
Collection fee for a medical claim paid late	8/2/2008
Q: . My name is Dainy, and this is my quest. I recvd a bill from a collection agency for over $1000.00. ... A: That is just a small portion of what you learn when you become a credit wrench student but you can ...
out of state judgement	8/2/2008
Q: I was on the verge of Bankruptcy 5 years ago, but have worked out of it. At the end of February, ... A: They will garnish your wages and maybe take property but that depends on the laws of whatever state ...
Collection fee for a medical claim paid late	8/1/2008
Q: . My name is Dainy, and this is my quest. I recvd a bill from a collection agency for over $1000.00. ... A: You can get hung for those collection fees so you need to learn how to fight back. The reason you ...
Sued, Liened, and Maxed Out	8/1/2008
Q: I just settled with IRS who is taking all of my disposable income every month (theres barely ... A: I'd let them sue me. I know you are very frightened by what might happen if they get a judgment and ...
collections agency	8/1/2008
Q: I received a letter from a collection agency in regards to a sears card over 10 years ago. This ... A: Well then not to worry. First thing to do is send them a validation/dispute letter. Second thing to ...
out of state judgement	8/1/2008
Q: I was on the verge of Bankruptcy 5 years ago, but have worked out of it. At the end of February, ... A: Now then, the next question is how can you prove that it was outside of statute of limitations for ...
Midland Credit management	7/31/2008
Q: I received a formal letter from these guys saying that I owe Citibank 750.00. The kicker is, this ... A: There are several lines of defense to this type of situation. The first is to be able to prove that ...
Do I just Default?	7/31/2008
Q: 30 K to Chase. Divorced 2 years ago and had about 15 k outstanding after I absorbed all the debt in ... A: When it comes to debt related problems lawyers are most often a waste of money if you can even find ...
sued for credit debt	7/31/2008
Q: I'M being sued for credit card debt that has done went off my credit report but the statue of ... A: The answers to this kind of problem are almost always the same. You are being sued so you must ...
Help! I'm being sued over unpaid medical bills	7/31/2008
Q: I received court papers last night stating that I am being sued over unpaid medical bills. I had ... A: First of all send a demand for validation to the attorney certified mail return receipt requested. ...
Collection Call	7/30/2008
Q: I am very upset, I just received a call at my work. It was from someone who claimed to be an ... A: Will you be OK? I suppose that depends on what you call "OK" and you didn't give me any specifics ...
Old Debt and Pending Lawsuit	7/30/2008
Q: Back in 1999, I opened a Clout Visa. I made some poor credit decisions and then fell behind on my ... A: Yes. Read http://www.creditwrench.com/default.html and the links below and you will know exactly ...
Suit by AMEX	7/30/2008
Q: I recently received the citation from the Dallas County Court regarding a case with AMEX. ... A: You already agreed to arbitration (mediation) and spent $450 to shoot yourself in the foot? That's ...
Deficiency on volunteer surrender	7/30/2008
Q: About 6 months ago, after much soul searching and budget making attempts, we did a voluntary ... A: You are asking me a range of questions but I can't tell you a thing about the insurance stuff. I can ...
received summons	7/30/2008
Q: About 3 years ago I lost about $400 in income. I tried negotiating with my 3 credit card bills and ... A: It might but I have my doubts about that. Don't think that would cause a judge to dismiss the case ...
received summons	7/29/2008
Q: About 3 years ago I lost about $400 in income. I tried negotiating with my 3 credit card bills and ... A: Obviously you will have to respond to the plaintiff's complaint or they will get a default judgment. ...
no client at pretrial	7/29/2008
Q: I had my pretrial with midland funding today. in the pretrial notice "attorneys are required to ... A: I have no idea when they might refile it again or if they even will. One thing you want to remember ...
Amex GC Services	7/29/2008
Q: One of my Amex accounts was recently (7-28-08) turned over to GC Services. I had been trying to work ... A: You want real debt relief? What do you think a debt relief company might be able to do for you? I ...
judgment filed against me	7/29/2008
Q: A judgement was filed against me, they have the wrong person. it was filed in 2005. This is 2008. I ... A: The lawyer is probably telling you the truth. On the other hand telling you that if the judge does ...
Car reposession	7/29/2008
Q: My car was reposessed yesterday. What true rights do I have in this situation. They took it in the ... A: None of those are violations of law if you live in what is known as a "self help" state such as ...
automobile loan default	7/29/2008
Q: I live in Californai and my auto loan defaulted 4 years back and the bank decided against ... A: Well, if I were in that circumstance I just might stop and think about what would happen if I were ...
Haunting Debt	7/28/2008
Q: I applied for a credit card with state farm bank in 2003. They had asked me did I want to let anyone ... A: First thing you need to learn is what FDCPA will let you demand of them. I don't think you can find ...
Verbal Agreement	7/28/2008
Q: 4 years ago I had my soon to be brother-in-law purchase two properties. I told him that I would only ... A: Problem is that this is not the type of debt that falls under consumer law. Since I'm not a lawyer I ...
Car reposession	7/28/2008
Q: My car was reposessed yesterday. What true rights do I have in this situation. They took it in the ... A: Do you have the money? Do you want the car back? Quite frankly if I were to get a car repoed I'd ...
notice of hearing on claim exemption	7/27/2008
Q: I have a large judgment against me from a credit card debt; recently my checking account was ... A: I can't offer you much in the way of advice on that type of situation except to say that you must ...
Arbitration Hearing Please Help!	7/27/2008
Q: I am being sued over a Providian credit card that was sold to Calvary Portfolio Services in ... A: annette, I'm truly sorry that you felt that my answers to your questions were not helpful. Let's see ...
getting proof of payment	7/27/2008
Q: I went to court on a debt collection in Sept of 07. During the Pre-Trial conference, the attorney ... A: I'd simply demand a payoff balance as of the date of the letter. Send that certified and if they ...
Case was Dismiss with prejudice	7/26/2008
Q: In Dec. 2007 I win a debt collection case in Maricopa County Justice Court, Phoenix, Arizona. ... A: 1.I have no significant knowledge of this account, therefore I’m disputing it. Please validation ...
Case was Dismiss with prejudice	7/26/2008
Q: In Dec. 2007 I win a debt collection case in Maricopa County Justice Court, Phoenix, Arizona. ... A: While the case in Maricopa county may have been dismissed with prejudice that has no bearing on ...
NCO Financial Services	7/26/2008
Q: I currently have a Capital One account that is charged off and was sent to NCO. I called to see what ... A: Of course not. They can do what they say they will do. Best you start learning how to defend against ...
legal papers	7/26/2008
Q: do i have to accept court papers when a sheriff brings them to my home A: No, you don't have to accept them but it won't make any difference whether you accept them or not. ...
car repo and court	7/25/2008
Q: My husband (who is on social security) and I voluntarily gave up our minivan in May of 2007. I(not ... A: What state do you live in? Where does it say you can go to jail if you don't show up? Don't sound ...
debt management	7/25/2008
Q: I am presently in a debt management program. I redently was sent a civil action notice in regards to ... A: The fact of the debt management program and your participation in such scams won't make a lick of ...
judgement after statue of limitations had expired	7/25/2008
Q: I recently learned of a judgement against my husband, when we checked his credit report. This was ... A: Sounds to me like you have quite an injustice to deal with here. These kinds of things can be ...
credit card debt	7/25/2008
Q: I'm being sued by a creditor. I gave an Answer. A few days later I sent a validation letter via ... A: Seems to me that the debt has to be outside the statute of limitations. You need to respond to the ...
Collector sues my daughter for a medical bill	7/25/2008
Q: My daughter got served with court papers by a collector, to pay an old medical bill from a hospital. ... A: What are her rights? In a way that depends on whose ox is getting gored. As far as the debt ...
Confused in CA about garnished wages	7/24/2008
Q: I just received a garnishment letter from my employer. They forward to me only parts of the ... A: You will probably have to get a court order for any kind of exemption and that isn't going to get ...
Cambece Law Firm collections	7/24/2008
Q: My husband of 11 days has been making monthly payments to the Cambece Law Firm for several years now ... A: Cambece Law Firm ranks high on anyone's list of the worst collection agencies. They can do any one ...
Garnish my paycheck?!	7/24/2008
Q: I had a Ballys Contract back in 2004 that i stopped going to and eventually stopped paying. I ... A: Can he garnish your paychecks? He can if he gets a judgment first then gets a garnishment order. ...
debt collection - I will put it in a outline form	7/24/2008
Q: 1. I was receiving letters from Worldwide Asset Management and never answer a one of the letters. 2. ... A: The amount you can sue for depends on many factors. Far too many to even begin to estimate. I have ...
no client at pretrial	7/23/2008
Q: I had my pretrial with midland funding today. in the pretrial notice "attorneys are required to ... A: What should you do now? Looks like you are doing fairly well on your own so far. That's great. I ...
collections on medical bill	7/23/2008
Q: My fiance and I clean for two very dear friends of ours, Martha and Arnold. They are on a fixed ... A: They really don't have much to worry about. Their ss checks cannot be garnished for any reason by ...
Debt collection practices	7/23/2008
Q: I was unemployed between August 2006 and August 2007 and as a result defaullted on a number of debts ... A: You have no recourse at all so long as you are trying to cooperate with them. They take your good ...
forecloser	7/23/2008
Q: I cannot pay for my house and bank is foreclosing. If the bank sells the house and it leaves a ... A: You can be liable for the balance but they usually don't bother trying to collect it. If they did ...
Confused in CA about garnished wages	7/22/2008
Q: I just received a garnishment letter from my employer. They forward to me only parts of the ... A: Legal aid isn't going to help you. You say you would have been more proactive if you had been the ...
debt collection - I will put it in a outline form	7/22/2008
Q: 1. I was receiving letters from Worldwide Asset Management and never answer a one of the letters. 2. ... A: You may not agree with what I would do but every time they called I would simply tell them that I ...
Debt Collecctions lawsuit	7/22/2008
Q: My Daughter is being sued by to collect a debt she doesn't even believe is hers. She has requested ... A: Well, first thing I look for is the statement that those emails come from a debt collector and I see ...
Citibank Lawsuit	7/22/2008
Q: I got behind with Citibank last year due to illness. Naturally they wouldn’t work with me and I gave ... A: First of all, I've just started a new egroup on Google. I'm going to post all the questions and ...
one month behind	7/22/2008
Q: I have been financing my wife real estate business for 2.5 years hoping she could pay back, ... A: Your plans sound very rational and well laid. Looks like you have it all figured out as to what is ...
Unable to pay unsecured debts	7/22/2008
Q: I work and make a decent income and my wife is at our home with our 3 children. We've been ... A: If you can't make it you can't make it. Don't do that which is impossible for you to do. The present ...
Collections Law	7/21/2008
Q: I understand that I will receive a 1099-C for the amount of debt discharged by a credit card ... A: Well, I'm not a tax expert by any stretch of the imagination but I do know a little about this to ...
COLLECTION AGENCY	7/21/2008
Q: I HAD A BILL FROM 10 YEARS AGO IT HAS BEEN TAKEN OFF MY CREDIT REPORT BUT IT STILL KEEPS GETTING ... A: I keep getting this same question over and over again. The answer is always the same. The only way ...
Summons by First Resolution Investment to appear in Court	7/21/2008
Q: I am being summoned to appear at the Superior Court of California, Riverside County for a credit ... A: If I were in your situation I think I would respond with a graduated denial, then follow that with ...
Lawyer demanding high payments	7/21/2008
Q: I hired a lawyer (or should I say, he hired himself, since he was a friend of the family) for a ... A: With friends like that who needs enemies? (LOL) Can they force you to pay them based on an oral ...
no client at pretrial	7/21/2008
Q: I had my pretrial with midland funding today. in the pretrial notice "attorneys are required to ... A: Motion not granted? That's not surprising. That wasn't a valid reason to dismiss. I think you would ...
collections agency	7/21/2008
Q: I have a Dr. bill I am paying on. I received a call from the Collection agency that has it. She ... A: Will they turn this over to an attorney? I can't answer what they will do. Only they know the answer ...
Citibank Lawsuit	7/21/2008
Q: I got behind with Citibank last year due to illness. Naturally they wouldn’t work with me and I gave ... A: I'm sure you have read such articles as you describe. Such theories sound really great. Theories ...
Credit Card Debt	7/21/2008
Q: I am not sure if this is the right place for this concern but I'll try anyhow. I am currently a ... A: What do I recommend that you do at this point? Just what you do each school day. Study and learn. ...
paying debtor instead of collection agency	7/20/2008
Q: I received a bill from a doctor 6 months after treatment. While I was researching the validity of ... A: First of all the doctor is not the debtor. You are. The doctor is your creditor and the collection ...
Lawyer filed suit but never served me.	7/20/2008
Q: A local attorney filed suit for Accept Acceptence but I was never presented a served notice. I dont ... A: You need to actually race down to the courthouse and ask to see the case file then ask for court ...
WRITE OFF'S	7/20/2008
Q: IF AN ACCOUNT HAS BEEN WRITTEN OFF AND 9 YEARS LATER A COLLECTION AGENCY CALLS YOU ASKING FOR THE ... A: Sorry if I didn't answer all your questions or didn't answer them with sufficient clarity. Can ...
Calvary Portfolio Services, LLC	7/20/2008
Q: i am new to this site and i have reviewed some of the questions & answers. I like the responses to ... A: They are not wasting your time nor the court's time if you don't respond to the summons and ...
Multiple agency's. after me I dont know what to do.	7/20/2008
Q: I defaulted 3 years ago when my company was going under. I defaulted on 3 cards in late 2005 ... A: Yes, I go through all of that in one of the links above and yes, I realize that there is a mountain ...
Late ex-wifes debts	7/19/2008
Q: My wife and I separated in June of 2001 and were divorced in October 2003. Before she moved out we ... A: They have to sue you in the county in which you live. If you get sued for a consumer debt in any ...
judgement	7/19/2008
Q: I have an old debt which I think the statute of limitations may have run out but I didn't know about ... A: I can't really answer your questions here because they take personal investigation by you. The only ...
WRITE OFF'S	7/19/2008
Q: IF AN ACCOUNT HAS BEEN WRITTEN OFF AND 9 YEARS LATER A COLLECTION AGENCY CALLS YOU ASKING FOR THE ... A: No. Bill Bauer 405-684-9297 405-227-9423 Make money using this search engine instead of Google, ...
Credit card Fraud	7/18/2008
Q: My sister got credit cards in my name without me knowing about it back in 2001 and up until 2006 i ... A: Im sure you don't want your sister going to jail over this. I'm sure that would cause a terrible ...
Collections and cease and desist letters	7/18/2008
Q: I was contacted by Hyat, Hayt, & Landau in regards to a matter they acquired thru Asset Acceptance. ... A: The only way you will get any relief is to sue them in federal court. You seemingly have lots of ...
collections	7/18/2008
Q: my name is Keonna and while I was in college I stopped paying my credit cards. This collection ... A: Yes it can and probably will happen sooner or later. You say that you are afraid that they still ...
collection summons.	7/18/2008
Q: I recently got handed a summons paper today. I really don't know what to do as i have no experience ... A: You have been served with a summons and complaint. Now it has suddenly become much more serious than ...
Breach of contract	7/17/2008
Q: Totaled car with no insurance 1997; owed $6400 on loan, lost job with no ability to pay. This week ... A: call me and I will go through the questionaire and help you give the best answers possible without ...
judgement	7/17/2008
Q: I have an old debt which I think the statute of limitations may have run out but I didn't know about ... A: No, you have to plead a statute of limitations defense at the hearing. You have to prepare it in ...
Payday Loans	7/16/2008
Q: I am in trouble with too much payday loan debt. As of now I am current on everything, ... A: They can't get to your disability or pension checks. Don't close any bank accounts and keep just a ...
debt elimination	7/16/2008
Q: I've heard that there is a company in Alabama called Court Mediation Services, which claims to be ... A: Give me a call and I'll show you how to do it the right way and it will cost you less than $1000.00 ...
judgment	7/16/2008
Q: A judgment was filed against me in 2002. I recently ordered a copy of my credit report and ... A: He sure can if you don't stand up and fight. For instance, you say the judgment was filed against ...
debt elimination	7/16/2008
Q: I've heard that there is a company in Alabama called Court Mediation Services, which claims to be ... A: No, I don't know anything about them other than the fact that they are in Phoenix City, Alabama. ...
Foreclosure after chapter 7 discharge, mortgage included	7/16/2008
Q: I filed for chapter 7 in December of 2005, discharge was in Feb, 2006 which included my home ... A: Just a formality? I'll believe that when I see pigs flying by flapping their ears. Yes, they will ...
Chase Attorney's	7/16/2008
Q: I have an old Chase Credit Card from back in college that paid for my final semester. When I ... A: Desperate and stressed? Why not learn how to fight back and give them more grief than they are ...
Agreement violation	7/16/2008
Q: I was sued and I lost and I entered into a written payment agreement. I made my first payment and ... A: So keep the copies you have so you don't run out and send them a set. Can you file any papers with ...
Garnish Wages	7/16/2008
Q: I have just got a notice from my work that my wages will be garnished by a co Hyat Hyat Landau and i ... A: The question(s) are how did it happen that you got a judgment against you and you didn't even get a ...
Agreement violation	7/16/2008
Q: I was sued and I lost and I entered into a written payment agreement. I made my first payment and ... A: You should have a copy of the money order before you sent it. If I send a money order or a check to ...
Charged-Off Accounts and Debt Reporting	7/15/2008
Q: I live in California. I have several marks on my credit from agencies that purchased my debt from ... A: Depends on which statute of limitations you are asking about but it appears that you are asking ...
Debt collectors & credit reporting	7/15/2008
Q: My stepson (Dyllan)was buying a vehicle when he was told he had a debt in collection. He had never ... A: You should be keeping a careful written history of all that has transpired so you can sue them in ...
letter from a law office	7/15/2008
Q: Just asking if a law office sent me an e-mail if the law office has to be in the same state to take ... A: Do they have to be in the same state? No, not to send you an email. They don't have to be in the ...
Wage and Bank Account Garnishments	7/15/2008
Q: My wages and bank accounts have been garnished. What can I do to try to get these removed in ... A: Normally speaking it is not possible to get garnishments removed in any state. You owe the debt and ...
Civil Summons	7/14/2008
Q: My dad has been served with a civil summons. He does not speak the language very well so I must ... A: All I can say is that if he has been served with a summons he must go to court and argue the case. ...
debt collection third party	7/14/2008
Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ... A: Now you knnow why I always recommend that people get themselves a good digital voice recorder and ...
debt collection third party	7/14/2008
Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ... A: Why do you want to pay them when you can easily make them pay you instead? You were abused by them ...
debt collection third party	7/14/2008
Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ... A: Yes, it is illegal to threaten to do that which they know cannot be done. Payday loan companies ...
Agency harassment	7/14/2008
Q: I paid off my Capital One credit card at least six months ago. After receiving the payment, they ... A: The first thing is to get rid of the calls either by sending them a certified mail return receipt ...
Court Summons from Debt Collector	7/14/2008
Q: "On Friday, I was presented with a Summons demanding that I provide an answer to the complaint ... A: I can't help you with bankruptcy and wouldn't even if I could because bankruptcy is a mess you don't ...
medical bill payments	7/12/2008
Q: I owe $300 for a overnight hospital stay last fall. I have been paying $10 a month on this bill ... A: Do whatever you can do. Best if you just pay them and be done with it. Bill Bauer 405-684-9297 ...
Payday loans	7/11/2008
Q: I live in Texas. I have too many payday loans and cannot pay them. Some of them required that I ... A: NO. District prosecutors won't take a complaint from a payday loan company because they knew that ...
Summons On old dept	7/11/2008
Q: I just received a summons on a old credit card dept from Jan 2002. I looked up Ca is says SOL is 4 ... A: Yes, there is a link in the body of my first reply that goes through that as will as there being ...
Civil summons on credit card debt.	7/10/2008
Q: I let this credit card get away from me because I tried to make payments with the credit card ... A: In far too many courts they don't have to prove anything at all to get a judgment. They ask for it ...
Civil summons on credit card debt.	7/10/2008
Q: I let this credit card get away from me because I tried to make payments with the credit card ... A: How will you answer the summons? What will you say? How will you prove that the statute of ...
collection	7/10/2008
Q: My daughter received a summons to appear in court on 7-29-08 from Midland credit management for ... A: You are going to have to respond to the summons, of course. Both of you need to respond. I'd use a ...
Summons On old dept	7/10/2008
Q: I just received a summons on a old credit card dept from Jan 2002. I looked up Ca is says SOL is 4 ... A: If you don't prepare and file a properly written SOL defense they will get the judgment no matter ...
Statute of limitations	7/10/2008
Q: What is the statute of limitations on medical debt (open contract?) in the state of Nebraska? ... A: Check out the link below that says Statute of limitations for all states" Bill Bauer 405-684-9297 ...
2 accounts - same CA	7/10/2008
Q: I'm in a predicament. Not intentionally... but I'm there and need some help getting myself out the ... A: You are asking me to speculate on what the outcomes might be and unfortunately I can't do that. I ...
2 accounts - same CA	7/9/2008
Q: I'm in a predicament. Not intentionally... but I'm there and need some help getting myself out the ... A: The first thing I would do is go directly to the tax collector's office and try to pay them directly ...
Sued by credit card company	7/8/2008
Q: I received papers from a constable for a lawsuit from a credit card company. The plaintiff is the ... A: So you got served with a summons? I've answered this same question so many times that it is ...
received entry of default due unpaid credit cards	7/8/2008
Q: i had bank of america credit cards about 3yrs ago, from losing job, single mom and medical bills. ... A: You should not file for bankruptcy because it is expensive and it also wrecks your credit. Although ...
Civil Suit from Collection agency Chase Credit Card	7/8/2008
Q: I was served court papers from a collection agency that is suing me for an old Chase Credit card I ... A: You must be making about $3000 a month in order for them to take $750 of it via garnishment. Quite ...
Apartment debt nightmare	7/8/2008
Q: My husband never paid our last month's rent in March 2006 (GA) due to loss of job (we notified the ... A: You need to learn about your rights under the law and how to defend them. Once a third party debt ...
Collection Law	7/8/2008
Q: I received routine medical care from a physician that accepted my insurance reimbursements as full ... A: Yes, you do have recourse and it lies in the Fair Debt Collection Practices Act. Your first step ...
Dead breat spouse debt	7/7/2008
Q: My spouse decided to move out and leave me and my daughter in May of 2007. Until divorce papers are ... A: OK then that is good for you. What you need to do is to send a demand for validation and dispute of ...
NAF Award	7/7/2008
Q: NAF (Nat'l. Arbitration Forum) has awarded BofA debt award. How do I counter? A: You can't counter until they try to take it to your local court and attempt to reduce it to a ...
Debt collection threats	7/7/2008
Q: I am working with a lady at church who got a small pay day loan of 280. Today they called and said ... A: I've called you and left you a voice message. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED ...
Dead breat spouse debt	7/7/2008
Q: My spouse decided to move out and leave me and my daughter in May of 2007. Until divorce papers are ... A: Whether or not you both owe the debt can depend on whether or not you live in a community property ...
Lawsuit Midland Collection	7/7/2008
Q: I have received an "Answer to Complaint" notice for a credit card debt that has been sold to ... A: Yes, I may be able to help you. I'm not an attorney and I can't give you legal advice but I can show ...
Being Sued	7/6/2008
Q: I was very recently served via mail with a summons to Kings County court (Brooklyn, NY) for ... A: Sounds to me like you may have goofed up royally. Here is why I say that. You say you are going ...
help with bank of america	7/6/2008
Q: I have used this site in the past and my situation is bringing me for this thing that has arose in ... A: What is your first step? Quit worrying about that which you can do nothing about. Forget about ...
Indiana Debt Collection Statute of Limitation	7/6/2008
Q: I cannot find the paperwork stating I paid off a debt to a local community college and have recently ... A: Yes. Please refer to my link for statute of limitations below. Bill Bauer 405-684-9297 405-227-9423 ...
Judgment against my wife and I before we got married	7/5/2008
Q: 11 years ago I had an emergency appendectomy. I was engaged at the time. My wife does our finances ... A: Maybe, maybe not. The better argument is to file a lawsuit against the debt collector lawyer for ...
being sued by credit card co	7/4/2008
Q: I am in the midst of a lawsuit by NCO for a credit card debt. I stopped making payments in 2004 when ... A: You really cannot the opinions of WhyChat or any other guru including myself or that of any lawyer ...
Received Summons, but no complaint....	7/4/2008
Q: I moved on the first of the year and recently received a district court summons via US mail ... A: Get around giving your new address to the atty and defendant? First of all you are the defendant. ...
being sued by credit card co	7/4/2008
Q: I am in the midst of a lawsuit by NCO for a credit card debt. I stopped making payments in 2004 when ... A: I didn't notice tha you live in CO and mistakenly believe that the statute of limitations for credit ...
sued for 10-year-old debt of $200	7/3/2008
Q: My daughter received notification that she is being sued by a Pennsylvania bank for a 10-year-old ... A: Yes, they can. What she needs to do is file a response to the court. This can be a motion to ...
Plaintiff sending me Interrogatories,production,and admissions	7/3/2008
Q: LVNV Funding LLC is sueing me useing a laywer in my state of Maine. I sent the court and plaintiff ... A: What do you mean by you don't have 30 days to answer? Of course you do. But the question of much ...
Returning Reported Item	7/3/2008
Q: I have a charged off credit card debt that finally became too old to report in August of 2007 and ... A: They can buy the old debt and they can report it to the credit bureaus but if they do then they have ...
fradulent debt - eskanos and adler threatening to sue	7/1/2008
Q: I have experienced frauduelent debt from an ex spouse using my identity in the past. While we were ... A: California Stat is 4 years. So you should be begging them to sue you so you can file an out of stat ...
Being Sued	7/1/2008
Q: I was very recently served via mail with a summons to Kings County court (Brooklyn, NY) for ... A: The first thing to do is to see who is the plaintiff. Who is it that has filed the suit. Maybe then ...
how to respond to a summons	6/30/2008
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ... A: Why present a weak argument like that when you have a statute of limitations defense at your ...
Collection laws	6/30/2008
Q: I have a chase visa, for years. I always try to pay at least the minimum. They raised the interest ... A: Don't worry about bothering me. Exactly what was the message that was left on the answering machine? ...
Collection laws	6/30/2008
Q: I have a chase visa, for years. I always try to pay at least the minimum. They raised the interest ... A: Your father's sworn statement and the phone record of when they called should be enough to get the ...
Debt collections	6/30/2008
Q: I have been making payments for about 3 years to a clinic that did a surgery for me. I was set up ... A: They can turn you over to a debt collector any time they want to. Some medical facilities turn ...
Being sued by Discover (second question)	6/29/2008
Q: In your response to me you said "You also have the right to do all you can to avoid them forcing you ... A: You ask what can you do to avoid going to court. Why do you want to avoid going to court? What is so ...
Sued by Discover	6/29/2008
Q: My husband received a letter from a lawyer saying that Discover was suing us and getting a court ... A: You have absolutely no legal obligation to tell them anything until such time as they have a ...
Wrongful Collection	6/28/2008
Q: I have been dealing with creditors trying to get in contact with my mother to collect her debts for ... A: I have the perfect answer to your type of problem but in order to use it effectively you need to ...
how to respond to a summons	6/27/2008
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ... A: Statute of limitations on credit card debt is 6 years according to Bankrate.com. They are probably ...
how to respond to a summons	6/27/2008
Q: I received a summons from Midland Funding for a Providian credit card that I do not believe that I ... A: The first question has to be what state you live in. Even though you may have included it in BK ...
Oklahoma credit card statute of limitations	6/27/2008
Q: Everything seems to say the SOL in OK is 3 years for credit cards. I see the court calls credit ... A: I can see that you are a pretty good researcher and have covered just about all the bases except one ...
Too late to ask for a debt validation??	6/27/2008
Q: I have been pestered by a collection agency for a debt I believe is beyond the statute of ... A: You are in deep trouble for many reasons. First of all you live in Mass and that is a very bad state ...
levy on partnership account	6/27/2008
Q: Can a judgment creditor levy funds in a partnership account for a debit incurred years prior by one ... A: Your question is actually a two part question. One part deals with business law and the other deals ...
payday loan collection	6/26/2008
Q: I just rec'd a call from Brian Wilson--from Financial Crime Dept indicating that they were going to ... A: LOL! No, of course not. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING: ...
service of process/motion for discovery	6/25/2008
Q: I'm currently preparing my answer to a complaint served 5/27. I filed and was granted an extension ... A: One does not file a motion for discovery. Your interrogatories, admissions and demand for production ...
Oklahoma credit card statute of limitations	6/25/2008
Q: Everything seems to say the SOL in OK is 3 years for credit cards. I see the court calls credit ... A: The statute that governs is 12 OS 95 Subsection 1. It just so happens that I have at least two cases ...
Collectors calling work	6/25/2008
Q: Nationwide Credit keeps calling my husbands job about a discover card that has been charged off. ... A: Send them a cease & desist letter stating that they are not to contact him at work since it is ...
Garnishment	6/25/2008
Q: How much can be garnished each month from my payroll check? My employer received a summons a ... A: Up to 25& of your check but the must leave you at least $150 a week. Actually $150 is sort of a ...
Payday loans	6/25/2008
Q: I have a payday loan that I couldn't pay and I stopped payment on the check, they called and ... A: Police are not going to take a complaint like that from a payday loan company. They knew the check ...
Help with lawsuit	6/25/2008
Q: I am being sued by Midland credit for an old FCNB account. Last payment I made was last year to ... A: Your answer saying you have never done business with them was certainly not the best answer you ...
Collection from apartment	6/24/2008
Q: Basically, our former apartment management says that we did not give proper 30 days notice. My ... A: Don't even think of letting them know anything, much less that you "mean business". Let them learn ...
Spouse's Emergency Medical Debt	6/23/2008
Q: In the spring of 2007, before we were married, my wife had to have an emergency hysterectomy. Life ... A: The first thing that you should be aware of is that no government pension can be garnished by ...
Rcvd Summons from Cap1 atty for	6/23/2008
Q: The summons contains my first name spelt wrong and I cannot recall getting a notice from any ... A: First of all, never educate the other guy. If he spelled your name wrong then respond to the summons ...
Debt collectors calling workplace for co-worker	6/23/2008
Q: .. I work at the switchboard for an office of about 15 people. I have a co-wo