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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

payday loan10/6/2008Michael Brotherton
  Q: I got your answer on that payday loan. they called and they said they were from national ...
  A: They can call but this is an attempt at fraud. If they call back let them know you are filing a ...
False amount lied affidavit10/5/2008Creditwrench
  Q: I have confusing question I hope you Can help me with. I have a default CC from about 3 years ago.It ...
  A: Lots of things I have to know before I can start to give you any suggestions. So here goes. 1. What ...
How do i answer a summon?10/5/2008Creditwrench
  Q: I have till tomorrow to answer a summons. I owe $1,761 plus $352 lawyers fee. I have no idea what ...
  A: You say that you have until tomorrow to answer a summons but you may actually have until Tuesday to ...
how do i plea on a court summons10/5/2008Michael Brotherton
  Q: I have till tomorrow to answer a summons. I owe $1,761 plus $352 lawyers fee. I have no idea what ...
  A: If you are unemployed they cant touch you anyway although you may want to respond to the summons and ...
court summons10/4/2008Michael Brotherton
  Q: I had a credit card that was written off by the company. I just recd a court summons from ...
  A: Yes, it is common that creditors sell bad debts to collection agencies or attorneys and they assume ...
Amex Default self-employeed10/3/2008Jason Shear
  Q: I'm self employeed, used my amex last year for business even though amex tells me I shouldn't have ...
  A: Robert: Sorry to hear your business is not doing well. Let me start with your first question. ...
Court Summons for Credit Card Debt.10/2/2008Creditwrench
  Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ...
  A: Yes, all you have to do is show up in court and demand that your case be heard in a trial before a ...
Court Summons for Credit Card Debt.10/2/2008Creditwrench
  Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ...
  A: Mediation is nothing more or less than arbitration and I don't like either one because both of them ...
Collection on residential lease10/2/2008Creditwrench
  Q: Last year I signed a lease for an apartment in Washington DC with my friend for 12 months. After ...
  A: Then you need to pull your credit reports to find out if there is any incorrect information or ...
Credit Card debt10/2/2008Jason Shear
  Q: My elderly mother in law has 3 credit cards that she has not been paying. She is on a very limited ...
  A: Nora: Hope all is well, sorry to hear your mother has to deal with this stress while she is ill. ...
Court Summons for Credit Card Debt.10/1/2008Creditwrench
  Q: I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; ...
  A: Will your SOL argument work? Probably not unless you really know how to make it stick. Most judges ...
Civil Summons10/1/2008Creditwrench
  Q: I received a civil summons to answer within 20 days. It is from a credit card debt I do owe. I have ...
  A: You will have to file a response to the summons. It makes no difference that you owe the money. That ...
seizing of assets10/1/2008Creditwrench
  Q: I have a court appearance on an old credit card. I was told that the creditor would try and put a ...
  A: You have really shot yourself in the foot. That is about the worst thing you could have possibly ...
Closed Account in May... Sent to Collections in July!9/30/2008Apex Credit Services, LLC
  Q: I closed my residential telephone account with Verizon in May 2008. Background: I've had the ...
  A: Alicia: You can dispute the tradeline through the credit reporting agencies and try a goodwill ...
seizing of assets9/30/2008Creditwrench
  Q: I have a court appearance on an old credit card. I was told that the creditor would try and put a ...
  A: You want to make certain that the money from the pension and the money from the court settlement are ...
old debt9/30/2008Michael Brotherton
  Q: Two years ago I had to hire an attorney because my two brothers and I didn't see eye to eye on what ...
  A: First, in all fairness you should write a letter to the attorney and express your concerns and what ...
Past due cell phone bill9/29/2008Jason Shear
  Q: My in-law received a call from someone saying they were the Orange County Sheriff dept in ...
  A: Kimberly: Sorry to hear you are going through this with this unethical and lawbreaking collection ...
Voluntary Car Reposession9/29/2008Michael Brotherton
  Q: I am strongly considering turning my car over to the bank as a voluntary reposession. Technically, I ...
  A: The problem with a voluntary or involuntary repo is that once they sell the car they will come after ...
filing summons answer9/28/2008Michael Brotherton
  Q: I'm trying to write up an answer to a summons and I have a couple of questions. 1. If I'm going to ...
  A: Yes, of course that would be the most reasonable action for them to take but there are no legal ...
breach of contract9/27/2008Ray A Miller
  Q: they made me sign a contract for 2 years,after serving 1year I had to relocate so I resigned, whilst ...
  A: Please remember that I am not an attorney but, you seem to need legal advise. You need to read the ...
Judgements & Credit Report9/27/2008Barnette Law Offices, LLC
  Q: My husband has several judgements that are at least 5 to 7 years old but on the credit report it ...
  A: Debby: The only thing I can suggest is to try and dispute them off your reports. Unpaid ...
providians lawyer9/27/2008Jason Shear
  Q: providian retained a lawyer to collect a debt from me. i was served papers in oct of 04 i started ...
  A: Sandra: What I need to know before I answer you more fully and walk you through what to do is: ...
Collection Process in Ohio9/27/2008Ray A Miller
  Q: I live in Ohio, and had an unexpected medical event happen to me in February (unable to walk) where ...
  A: First of all, try the charity route again. The worst thing they can do is say no. Most medical ...
judgement/charge offs9/27/2008Michael Brotherton
  Q: I invested in a house rehab project and it went downhill. We still own the house (not in my name) ...
  A: Your situation is getting to be more and more common these days as the markets keep plummeting. One ...
credit card debt from my deceased wife9/26/2008Jason Shear
  Q: and had a bunch of big medical bills on some credit cards - 2 Chase Cards ($37k), Amex ($16k) and ...
  A: Michael: Hope all is well. Sorry to hear about your wife. First, what we need to determine is on ...
Collection Process in Ohio9/26/2008Ray A Miller
  Q: I live in Ohio, and had an unexpected medical event happen to me in February (unable to walk) where ...
  A: Adam, I am very sorry to hear of your circumstances. I, as most, do not recommend bankruptcy. In ...
Removal from credit report strategy...9/26/2008Ray A Miller
  Q: So two irresponsible friends and I leased a home, 3 on one lease, the home suffered damages from a ...
  A: A general attorney should be able to help you with this. The Credit Reporting Agency, I believe is ...
I am being sued for FDCP violation9/26/2008Ray A Miller
  Q: I am a debt collector for over 25 years. I am being threatened with a lawsuit for violating the ...
  A: Please remember, I am NOT an attorney and can not give legal advice. I can advise you to seek legal ...
hi9/26/2008Jason Shear
  Q: are safe deposit boxes seizable? does one have to give their ssn to obtain one? which creditors ...
  A: I will try to break down your question so that I can answer it. First, with regards to the credit ...
Debt collection practices9/26/2008Apex Credit Services, LLC
  Q: My school attempted to collect unpaid tuition fees which were well in excess of the original ...
  A: Derek: Technically, no, it isn't legal if your request for validation to the first debt ...
Orthodontist Bill sent to Collection Agency9/25/2008Barnette Law Offices, LLC
  Q: I am in Knoxville TN. I received a call today from a collection agency about a bill for my ...
  A: Krista: Because you are from TN and I practice in TN, I may be able to assist. But, I don't ...
Credit card debt9/25/2008Jason Shear
  Q: I was called from a law firm representing HSBC and was told that if I didn't come up with a certain ...
  A: Cheryl: Your recourse is that you do not have to pay this bill. If your last payment on this card ...
hi9/25/2008Ray A Miller
  Q: are safe deposit boxes seizable? does one have to give their ssn to obtain one? which creditors ...
  A: Most of these questions can be answered by a brochure at the bank which you are considering getting ...
collections letter received, never notified of money owed9/25/2008Ray A Miller
  Q: I recently received a letter from a collections agency. The letter arrived at my parent's house. I ...
  A: Carrie: From what I can find out, as long as the original creditor owns the debt, they can place it ...
hi9/25/2008Jason Shear
  Q: are safe deposit boxes seizable? does one have to give their ssn to obtain one? which creditors ...
  A: j: Yes you can have a safe deposit box under two names. You probably would have to give a SSN ...
Another one sued by Citibank9/25/2008Michael Brotherton
  Q: I was served my summons last month. I have my day in court next Wednesday. I am looking for advice ...
  A: You need to document everything you just said and file a response to the courts if you haven't ...
Love, Beal, and Nixon9/25/2008Creditwrench
  Q: I got information today from a home investor that LB&N had some type of lien or had attached an ...
  A: I certainly would advise against contacting LBN in any way because judgments have a 5 year statute ...
repo9/24/2008Barnette Law Offices, LLC
  Q: We live in NY. My husband has had auto repossessed voluntarily due to health issues. He is no longer ...
  A: Laurie: If the original creditor is calling then the FDCPA does not apply. They can generally ...
Charge off limitation9/24/2008Apex Credit Services, LLC
  Q: My ex answered a credit app in 1999 and started charging on it. By the time I found out he had moved ...
  A: Maryjo: Yes, insofar as the reporting period under the FCRA is seven years while the statute of ...
Collection of newspaper advertising9/24/2008Apex Credit Services, LLC
  Q: I received a call from a company stating my business owed a debt with a newspaper for advertising. ...
  A: Rob: Honestly, not much insofar as the FDCPA does not apply to business debts. You may opt to ...

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Questions by
Active Experts:
CreditwrenchJason ShearBarnette Law Offices, LLC
Michael BrothertonRobert PaisolaApex Credit Services, LLC
Ray A Miller  

     
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