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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

Sued by Palisade Collections8/20/2008Creditwrench
  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 california8/20/2008Creditwrench
  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 ...
AMEX Debt Collection Atty8/20/2008Ray A Miller
  Q: I live in Arizona. In May 2008 I was contacted by a Debt Collection Atty for AMEX. I received a ...
  A: Winning favor with the court is almost and impossibility. Send the letter asking for validation and ...
co-sign8/20/2008Apex Credit Services, LLC
  Q: My husband made a very bad decision and co-signed a loan for a "friend." The "friend" has had major ...
  A: Tori: I hate to be the bearer of bad news but, there is virtually nothing you can do to remove ...
JUDGEMENTS8/20/2008Jason Barnette
  Q: I HAVE 2 JUDGEMENTS ON MY CREDIT REPORT...BOTH JUDGEMNTS ARE FOR CREDIT CARDS I HAD FROM COLLEGE AND ...
  A: Tiffany: Yes, they are final unless you have grounds for a motion to vacate. Honestly, with ...
bad check8/20/2008Ray A Miller
  Q: I say this is in the state of PA. I recently had several checks out wich in not uncommon, during ...
  A: You should report the Internet fraud to the FTC as soon as possible. Your bank should be notified ...
Bank Levy8/20/2008Michael Brotherton
  Q: Recently had a judgement against me for my daughters medical bill which we are still fighting. Got ...
  A: In most cases I would say no. I have insufficient info to say definitively but unless they did some ...
Suit by Mann & Bracken8/19/2008Creditwrench
  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 Collections8/19/2008Creditwrench
  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 ...
AMEX Debt Collection Atty8/19/2008Ray A Miller
  Q: I live in Arizona. In May 2008 I was contacted by a Debt Collection Atty for AMEX. I received a ...
  A: You can ask for validation and dispute the debt at any time. Send your letter to them certified and ...
bounced check8/19/2008Ray A Miller
  Q: I had a customer that is a famous professional boxer. he purchased jewelry from me and wrote me a ...
  A: http://www.ckfraud.org/penalties.html Please see the above web site. In your case, the check was ...
Help8/19/2008Ray A Miller
  Q: have Williams and Fudge on my tail telling me I owe Cadek Conservatory (a University music ...
  A: Your mother is responsible. Dispute this debt and demand validation of it from William and Fudge. ...
titlemax8/19/2008Jason Barnette
  Q: i took out a auto loan with title max, but my car broked down on me. Okay my monthly payments with ...
  A: Harris: They are within their rights to call you at work insofar as the FDCPA does not apply ...
bounced check8/19/2008Ray A Miller
  Q: I had a customer that is a famous professional boxer. he purchased jewelry from me and wrote me a ...
  A: Please tell me what state in which you reside. Just about every state has different laws governing ...
Time period after filing a response to a civil suit summons8/19/2008Creditwrench
  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!8/19/2008Creditwrench
  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 Repo8/18/2008Creditwrench
  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 ...
Length of time debts show on credit reports8/18/2008Apex Credit Services, LLC
  Q: I recently obtained my credit reports and I'm confused as to the dates showing for each creditor. I ...
  A: Michelle: The reporting period is seven years for most accounts. It begins from when the ...
Collection Calls Won't Stop8/18/2008Jason Barnette
  Q: Ok before i ask the question i just want to give you a quick back ground. I had a account with ...
  A: Amanda: You need to consult with an attorney in your state insofar as FDCPA and probably FCRA ...
Hospital Bills8/18/2008Ray A Miller
  Q: Like anybody else ...my Health Insurance didn't covered my delivery. So I have a total due of ...
  A: Are you saying that they called your home at 9:27 on a Sunday night? According to the FDCPA, this ...
debt8/18/2008Ray A Miller
  Q: My mother has a bad debt and only receives social security and pension can they take any of her ...
  A: http://www.lloydmc.com/articles/in_collection_law_review.shtml You may find the above web site ...
Capitol One8/18/2008Ray A Miller
  Q: In 2005 I rented a car from Hertz and used my COne card for the initial 'hold'. My maximum credit ...
  A: Cap One has several different type cards and with each card, a different set of "rules". To make ...
auto lien8/17/2008Creditwrench
  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 ...
Finding information about a judgment against me8/17/2008Jason Barnette
  Q: I have a very old judgment against me from Ohio. I have a docket number and a State of Ohio number, ...
  A: Willow: Call the clerk of the court in which the judgment was filed. They should be able to ...
9 year old debt8/17/2008Creditwrench
  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 ...
Doctor agrees to a physical now wants to...8/17/2008Ray A Miller
  Q: My doctor agreed to bill an appointment on June 30, 08 as a free physical as required by my company ...
  A: I need just a little more information: do you have anything in writing, such as a discharge slip ...
Civil summons for invalid debt beyond SOL8/17/2008Creditwrench
  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 sol8/17/2008Creditwrench
  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 SOL8/17/2008Creditwrench
  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 ...
student loan from 19888/16/2008Ray A Miller
  Q: In 1988, I had a student loan out in NJ, and moved out of state (I am in FL). It is appearing as ...
  A: You should absolutely dispute this with the credit bureaus as well as the creditor. To the best of ...
Limitations on credit card debt8/16/2008Apex Credit Services, LLC
  Q: I had credit card debt from 1994. It was written off by the original bank. I have a collections ...
  A: Ann: The statute would run from the date of last payment. You should be in the clear for both ...
Bill on my credit report but the collection agency can't find it.8/16/2008Jason Barnette
  Q: I have a past due account appearing on my credit report. I have now called the reporting agency ...
  A: Derek: Visit http://www.creditnet.com or http://www.infinitecredit.com. There you will find ...
Civil summons for invalid debt beyond SOL8/16/2008Creditwrench
  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 repossession8/16/2008Creditwrench
  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. ...
insufficient funds8/16/2008Jason Barnette
  Q: In January of this year I wrote a check not realizing I did not have enough money to cover it. When ...
  A: Marlene: Certigy is a debt purchaser. You could pay them and that would take care of the ...
Being Sued by JP Morgan Chase8/15/2008Creditwrench
  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 ...
Notice of right to cure default letter8/15/2008Ray A Miller
  Q: Miller! In 2004 I purchased some furniture from Raymour and Flanagan. I was able to get instant ...
  A: A right to cure letter explains what your rights are to "cure" a past due debt or in other words pay ...
Responding to Bill of Particulars8/15/2008Creditwrench
  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 summons8/15/2008Creditwrench
  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 & Roman8/15/2008Creditwrench
  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 ...

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Questions by
Active Experts:
CreditwrenchJason BarnetteMichael Brotherton
Robert PaisolaApex Credit Services, LLCRay A Miller
John G. Watts  

     
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