Creditors and Bankruptcy/creditors lawsuit

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Expert: Regan Shinski - 10/27/2010


Question
I recieved a lawsuit from a creditor attorney who is suing for a creditor who is suing for another creditor.  Yes that is 3.  They are saying i entered into a contract with this so called collection agency and recieved a credit card from them.  Of course this is not true since collection agencies dont hand out credit cards.  My question is they want to bring another into it WAMU (never heard of them) since WAMU is not part of this lawsuit can they even bring it up?  Or do they have to prove the case that they brought against me with the 3 parties of collection agencies?

Answer
Hi Becky:

I'm sorry to say that I did not formally answer your question because I am really confused by it.  It's hard to follow with you explaining it and it's really hard to answer in this forum without seeing actual papers and really knowing the history.

What I can tell you is that you will want to make them prove the ownership or right to collect on the debt. You can start this pre-trial through the discovery process.  Sadly, this process varies by the court and jurisdiction you are in, so I can't advise you too much on the specifics of how to do this.  Contact the court or an attorney for the discovery options you have.  Alternatively, you can wait until the trial but you risk them having the answers and proof and you losing without a back-up plan.  you can also use credit repair techniques such as sending a validation letter directly to the suing attorney/collection agency asking for validation under the FDCPA.

WAMU, stands for Washington Mutual.  They were a fairly major credit card issuer and bank.  They also recently purchased the Providian credit card portfolio and then WAMU themselves were purchased by Chase.  Did you have any of these accounts that may be part of this lawsuit?

I wouldn't get too hung up that they are saying you received a "credit card" from this collection agency.  They real key isn't the semantics but if they can prove you entered into any contractual agreement with them.

Good luck, I hope this information helps.

Regan

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Creditors and Bankruptcy

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Regan Shinski

Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA - University of Minnesota

Past/Present Clients
(private)

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