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About 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.
 
   

You are here:  Experts > Business > Corporate Law > Collections Law > Being sued by capitol one

Collections Law - Being sued by capitol one


Expert: Creditwrench - 12/16/2007

Question
I can't find on this sight where you talk about the procedure to follow once one gets served.  Like I read "drfinitive statements" in the answer to the summons. The debt is within Nevada's 6yrs SOL. However most of it is all late fees and interest since it had a $300 credit line at the time I did use it.  Now they want $2500 in the suit. If anything I would like to know if I go to court and ask for validation and an accounting of the charges so the judge sees that its way out of line in fees and maybe bring it down to a more reasonable amount.  They are suing because they found out I own my house when I did a refi this summer and didn't pay them off. I think they want to get it so they can put a lien on my house for the debt.  Any advice is appreciated.
Thank you
Sharon

Answer
I don't know of any site where I talk about the procedure unless you are talking about http://www.creditwrench.com/2007_10_03_archive.html where I have discussed that subject. It is unlikely that the judge will care how much they have inflated it and will only care about whether you owe them money or not. In reality you don't want them to provide proper validation. If they do then you are really dead meat because then you may not have a cause of action against them unless you can develop other violations to sue them on.

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