AboutMichael Brotherton Expertise Consumer/Debtor Rights Advocate.
Current President of Financial Emergency, Inc FKA Debt Mediation & Financial Counseling. Inc, a debt mediation service.
30 years in the credit and collections industry. Former loan officer and debt collector. Managed two middle to large finance companies.
I am well versed in Loss Mitigation practices and the legal collection process. I have helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
We actively promote Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. It is my opinion that the more informed you are of your rights in the credit and collections practices the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mediation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser)
Experience Former loan officer 23 of last 30 years. I have been a debt counselor and mediator since 1992. Current owner of Financial Emergency, Inc. A Debtor Advocacy organization. I also have a radio program called "Financial Emergency" where I routinely answer call in questions from listeners about credit, debt, and the collection system. My emphasis is on "Consumer/Debtor Protection" and the collection process.
Education/Credentials Many years hands on experience. No formal eduction other than Finance and Credit Management training through former employers where I managed two rather large finance companies.
Awards and Honors Numerous letters of recognition from previous employers for excellence in my field.
Question "I'm not sure if you can help in this area, but whatever advice you can give would be much appreciated. My husband owns his own business and was just served papers from a company he holds a past due account with. The amount is for $2111.68. And it says we must submit our answer to the court within such a time period. It never asks a question. What exactly do we need to submit back to them? Is it a guilty not guilty kinda thing, or do we say, we want to pay it off, what are the options? Ideally, we do want to work out some kind of deal without going to court. The last thing we want to tack on all of their attorney and court fees to the debt."
Answer When you "answer" a complaint you are giving your explanation of the situation in an attempt to defend yourself against the "complaint". Your answer is a preliminary attempt to offer a potential defense for the purpose of getting a hearing. The problem is that most suits for money or a debt are legitimate in that the defendant actually owes the money and financial hardship is not a defense so avoid using this as your answer.
You do want to respond or the creditor will win by default. You may dispute the amount of the debt and demand a hearing to determine the accuracy of the amount being demanded. Keep your answer short and to the point. Do not get wordy or you might shoot yourself in the foot.
If you feel the creditor contributed to the problem state so in your answer. Ask that the creditor produce documents signed by you indicating you agreed to the terms of the obligation. If they cannot produce the documents ask that the case be dismissed.
My advice is somewhat limited so you may want to contact the courts to see if there is a format that needs to be followed for your answer. Make sure you reference the case number and all party's names in your answer. If they grant you a hearing make sure you show up. Ask again that they produce documents signed by you or your husband. Dispute the amount of the debt and ask them how they arrived at their figures. Worse case is they will get a judgment but you could get a lower interest and waive other collection fees. If the original agreement doesn't allow for collection of legal fees they should not grant these charges.
