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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

SubjectDate AskedExpert

court summons on old credit debt12/3/2008Creditwrench
  Q: I was served with a summons to court for a capital one debt, court date for december 10th 2008. ...
  A: If you fail to respond to the summons or show up in court they will get a default judgment and can ...
medical collections12/3/2008Ray A Miller
  Q: My son owes $1000 to OU Medical Center, (a teaching hospital)in Oklahoma from 2006. When he ...
  A: I am afraid they are correct. You can verify this with the Oklahoma Attorney General's office. I ...
payments12/3/2008Ray A Miller
  Q: i have offered to make payments to a creditor, but they state they need half of the payment or they ...
  A: Unfortunately, you have very few options. If they will not agree to smaller payments and your ...
SOL of Debt Collection12/3/2008Creditwrench
  Q: My husband recently received a call about a debt from 2000. I researched the company and found out ...
  A: I can well understand why you feel confused. First rule is never believe what somebody tells you ...
Power of Attorney12/3/2008Ray A Miller
  Q: If I am working with a debt consolidation company and I have signed a power of attorney. Are the ...
  A: Not necessary. Unless you are represented by an actual licensed attorney, the collectors can not, by ...
Debt Collection Agency12/3/2008Creditwrench
  Q: Recently I received a letter from a debt collection agency because I served as a co-signer for a ...
  A: Other than paying the debt? Let me assure you that if you pay the debt it will go on your credit ...
debt collection summons12/2/2008Apex Credit Services, LLC
  Q: My bill was never sent to the correct address. I just got a summons the other day. The original ...
  A: Jay: That would depend on whether they actually obtained a judgment. If so and fees and costs were ...
Discover card suing me12/2/2008Barnette Law Offices, LLC
  Q: I was just served yesterday by the Sheriffs office, the amount is $7100. My husband and I divorced ...
  A: Deb: If you do not respond to the Summons a Default Judgment will likely be rendered against you. ...
Debt Collection Agency12/2/2008Creditwrench
  Q: Recently I received a letter from a debt collection agency because I served as a co-signer for a ...
  A: It might very well be there now. Have you checked that out yet? If the apartment management has the ...
Letter of Debt12/2/2008Creditwrench
  Q: Kingman, Cole and Assocates November 20, 2008 RE: ...
  A: Problem with that is that it isn't an affidavit at all. In order for it to be an affidavit it must ...
Lease agreements terminated due to my husband's death12/2/2008Apex Credit Services, LLC
  Q: My husband passed away on June 12. At that time, he had two outstanding leases, one on a Honda, ...
  A: Grace: If you were not a joint applicant, they cannot pursue you for the debt if the estate was ...
Getting Satisfaction of judgment12/2/2008Michael Brotherton
  Q: I live in Ohio, Asset Acceptance filled a judgment against me and won. I have since then paid the ...
  A: File a motion for dismissal based on the judgment being paid in full. Send a copy of the motion to ...
Collections12/2/2008Creditwrench
  Q: I was very over medicated for chronic nerve damage. I can not remember or recall that I applied for ...
  A: You can't. They don't want to understand. All you can do is convince them that calling you will do ...
Letter from Debt Collection Agency12/2/2008Melissa Douros
  Q: Recently I received a letter from a debt collection agency because I served as a co-signer for a ...
  A: Tamara, it is unfortunate that your relative put you in this position. I would contact the original ...
Not My Debt...12/1/2008Barnette Law Offices, LLC
  Q: About 2 months ago they left a message on my machine along the lines of " If u do not disconnect ...
  A: Nichole: In short, you must send them a written communication stating that they shall not contact ...
repoed truck: collections12/1/2008Apex Credit Services, LLC
  Q: 2 years ago, my girlfriend (at the time) and i purchased truck. Me the buyer and her the ...
  A: Dan: You and your ex-girfriend are both liable for the deficiency insofar as it was a joint ...
wage garnishment12/1/2008Melissa Douros
  Q: Can wages be garnished for medical bills in Michigan? Everyone I know says no & I would like to put ...
  A: Sharon, it is a common misconception that many people go along with. The truth is wages can always ...
How to get judgement money.12/1/2008Michael Brotherton
  Q: I recently won a civil consent judgement IN THE SUPERIOR COURT OF CHATHAM COUNTY(GA) against a ...
  A: All you would need is to assign the collections to an agency or attorney to pursue collection of ...
Statute of Limitations "misinformation"11/30/2008Creditwrench
  Q: One of the experts here (Michael Brotherton), stated that "The SOl is based on the Date of Last ...
  A: The answer really depends on state law. Most states say something to the effect that the SOL begins ...
what can they take?11/28/2008Creditwrench
  Q: my girlfriend got a credit card about 2two years ago she never made a payment on it and they ...
  A: I can well imagine that you would just want it over and done with but that isn't going to happen ...
disability and debt11/28/2008Michael Brotherton
  Q: i was recently diagnosed with malignant cancer and have undergone major surgrey. i am now disabled ...
  A: Your options depend on your assets and overall financial situation. If you are on disability that ...
Court Summons11/26/2008Creditwrench
  Q: I have received a real summons from the superior court of san diego from atlantic credit and finance ...
  A: Letters get no respect in a court of law. Courts use a special format for all documents. Everything ...
what can they take?11/26/2008Creditwrench
  Q: my girlfriend got a credit card about 2two years ago she never made a payment on it and they ...
  A: You aren't married? Then no, they can't take anything from you. What do you do when you get the ...
Is this allowed11/26/2008Apex Credit Services, LLC
  Q: Is it ok for a collection agency to tell a family member that you have a debt and the exact amount ...
  A: Kristian: No, it is impermissible under the FDCPA for a debt collector to speak to anyone aside ...
collections11/26/2008Melissa Douros
  Q: if the plaintiff wins a case in small claims court because the defendant is a no show, and all the ...
  A: Aycia, you do not need a social security number to place a debtor in collections, and also, many ...
credit card debt interest11/25/2008Apex Credit Services, LLC
  Q: I recently contacted a collection agency that I was making monthly payments to and they proceded to ...
  A: Jonell: No, not unless their purchase included language of such right. I doubt that it did ...
debt collections11/25/2008Michael Brotherton
  Q: 2 years ago, my girlfriend (at the time) and i purchased a 2004 dodge ram truck. Her and I both ...
  A: At this point your options may be few. You may attempt to take your X to court for defaulting on the ...
Debt Verification & Cert. Mail11/25/2008Creditwrench
  Q: In June 2008 I sold my home in a short sale and the bank forgave the outstanding balance on the loan ...
  A: No, don't send anything to the original bank. Check your state laws on foreclosure to see what the ...
Sued for credit card past SOL11/25/2008Creditwrench
  Q: On Saturday I received a summons. I am being sued by a collection agency for a credit card that is ...
  A: You would probably want to file a motion to dismiss as your response to the complaint. I would not ...
lease sublet was evicted-- collections wants me to pay11/25/2008Melissa Douros
  Q: In June 2007, I signed a 1-year lease for an apartment, along with 1 other person. We agreed to ...
  A: Julie, it is unfortunate that these things happen, but usually when an apartment is "sublet" the ...
Car Loan Collection11/24/2008Creditwrench
  Q: I voluntarily returned a vehicle I could no longer afford. My credit report says my last payment was ...
  A: You are most definitely headed for a lawsuit. The chances they will file suit before the SOL expires ...
Court Summons11/24/2008Creditwrench
  Q: I have received a real summons from the superior court of san diego from atlantic credit and finance ...
  A: Yes, it is too late to send a validation letter to the collection agency but the lawyer is a 3rd ...
capital one judgement and homeless11/24/2008Michael Brotherton
  Q: We found out through the mail (we have a temporary postal box) that the bank in connecticut froze ...
  A: I am sorry to hear about your troubles. One thing I can say for sure is things have a way of working ...
judgement11/24/2008Barnette Law Offices, LLC
  Q: my question is, last Friday i went to take money out of my checking account and was told my account ...
  A: Thomas: Certainly you could file to vacate the judgment or have it set aside. Then, the underlying ...
collection laws11/24/2008Creditwrench
  Q: I have been paying a medical collection agency 150 dollars a month for 10 months. Now they have ...
  A: They can do that, no problem. You made a big mistake paying them anything but I'm sure you can see ...
car repos11/23/2008Melissa Douros
  Q: Melissa: I recently had my two cars repossessed due to a very large pay decrease by 75 pecent at ...
  A: Patty, I would call them and explain your previous conversation. It honestly could be simple error ...
SOL for North Carolina regarding debt coll.11/23/2008Melissa Douros
  Q: I received a phone call out of the blue from Hall & Associates in New York regarding an old account ...
  A: Pamela, you absolutely correct about the date being changed, but that would only pertain to your ...
Admittance verification11/23/2008Michael Brotherton
  Q: I have been sued by a credit card collection company and am in the discovery phase. My credit ...
  A: The SOl is based on the Date of Last Activity (DLA) which is the date of last payment or charge ...
Cell Phone Collection from 200111/22/2008Creditwrench
  Q: I had a cell phone through Voice Stream from 2000 - 2001. After completing my one year contract, I ...
  A: No, don't know the name of the law. I'm guessing it is in the telecommunications law. I remember ...
JUDGMENT11/22/2008Apex Credit Services, LLC
  Q: If someone owes us money / refund for a broken contract, what, if any, legal recourse do we have in ...
  A: Tammy: You would need to institute a civil action via filing a Complaint and having the offending ...

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Questions by
Active Experts:
CreditwrenchJason ShearBarnette Law Offices, LLC
Melissa DourosRobert PaisolaMichael Brotherton
Apex Credit Services, LLCRay A MillerOntrack Financial Group LLC
   

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