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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

judgement7/19/2008Creditwrench
  Q: I have an old debt which I think the statute of limitations may have run out but I didn't know about ...
  A: I can't really answer your questions here because they take personal investigation by you. The only ...
Collections and cease and desist letters7/18/2008Creditwrench
  Q: I was contacted by Hyat, Hayt, & Landau in regards to a matter they acquired thru Asset Acceptance. ...
  A: The only way you will get any relief is to sue them in federal court. You seemingly have lots of ...
Payday Loans7/18/2008Michael Brotherton
  Q: I am in trouble with too much payday loan debt. As of now I am current on everything, ...
  A: First, unless the lender can prove intentional fraud you cannot be prosecuted for a bad check on a ...
Breach of contract7/17/2008Creditwrench
  Q: Totaled car with no insurance 1997; owed $6400 on loan, lost job with no ability to pay. This week ...
  A: call me and I will go through the questionaire and help you give the best answers possible without ...
judgement7/17/2008Creditwrench
  Q: I have an old debt which I think the statute of limitations may have run out but I didn't know about ...
  A: No, you have to plead a statute of limitations defense at the hearing. You have to prepare it in ...
Payday Loans7/16/2008Creditwrench
  Q: I am in trouble with too much payday loan debt. As of now I am current on everything, ...
  A: They can't get to your disability or pension checks. Don't close any bank accounts and keep just a ...
debt elimination7/16/2008Creditwrench
  Q: I've heard that there is a company in Alabama called Court Mediation Services, which claims to be ...
  A: Give me a call and I'll show you how to do it the right way and it will cost you less than $1000.00 ...
judgment7/16/2008Creditwrench
  Q: A judgment was filed against me in 2002. I recently ordered a copy of my credit report and ...
  A: He sure can if you don't stand up and fight. For instance, you say the judgment was filed against ...
debt elimination7/16/2008Creditwrench
  Q: I've heard that there is a company in Alabama called Court Mediation Services, which claims to be ...
  A: No, I don't know anything about them other than the fact that they are in Phoenix City, Alabama. ...
Foreclosure after chapter 7 discharge, mortgage included7/16/2008Creditwrench
  Q: I filed for chapter 7 in December of 2005, discharge was in Feb, 2006 which included my home ...
  A: Just a formality? I'll believe that when I see pigs flying by flapping their ears. Yes, they will ...
Chase Attorney's7/16/2008Creditwrench
  Q: I have an old Chase Credit Card from back in college that paid for my final semester. When I ...
  A: Desperate and stressed? Why not learn how to fight back and give them more grief than they are ...
Agreement violation7/16/2008Creditwrench
  Q: I was sued and I lost and I entered into a written payment agreement. I made my first payment and ...
  A: So keep the copies you have so you don't run out and send them a set. Can you file any papers with ...
Garnish Wages7/16/2008Creditwrench
  Q: I have just got a notice from my work that my wages will be garnished by a co Hyat Hyat Landau and i ...
  A: The question(s) are how did it happen that you got a judgment against you and you didn't even get a ...
Agreement violation7/16/2008Creditwrench
  Q: I was sued and I lost and I entered into a written payment agreement. I made my first payment and ...
  A: You should have a copy of the money order before you sent it. If I send a money order or a check to ...
Charged-Off Accounts and Debt Reporting7/15/2008Creditwrench
  Q: I live in California. I have several marks on my credit from agencies that purchased my debt from ...
  A: Depends on which statute of limitations you are asking about but it appears that you are asking ...
Debt collectors & credit reporting7/15/2008Creditwrench
  Q: My stepson (Dyllan)was buying a vehicle when he was told he had a debt in collection. He had never ...
  A: You should be keeping a careful written history of all that has transpired so you can sue them in ...
letter from a law office7/15/2008Creditwrench
  Q: Just asking if a law office sent me an e-mail if the law office has to be in the same state to take ...
  A: Do they have to be in the same state? No, not to send you an email. They don't have to be in the ...
Wage and Bank Account Garnishments7/15/2008Creditwrench
  Q: My wages and bank accounts have been garnished. What can I do to try to get these removed in ...
  A: Normally speaking it is not possible to get garnishments removed in any state. You owe the debt and ...
Civil Summons7/14/2008Creditwrench
  Q: My dad has been served with a civil summons. He does not speak the language very well so I must ...
  A: All I can say is that if he has been served with a summons he must go to court and argue the case. ...
debt collection third party7/14/2008Creditwrench
  Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ...
  A: Now you knnow why I always recommend that people get themselves a good digital voice recorder and ...
debt collection third party7/14/2008Creditwrench
  Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ...
  A: Why do you want to pay them when you can easily make them pay you instead? You were abused by them ...
debt collection third party7/14/2008Creditwrench
  Q: i have recieved a phone call today from spellman and roman stating i had until 11:00 am today to ...
  A: Yes, it is illegal to threaten to do that which they know cannot be done. Payday loan companies ...
Agency harassment7/14/2008Creditwrench
  Q: I paid off my Capital One credit card at least six months ago. After receiving the payment, they ...
  A: The first thing is to get rid of the calls either by sending them a certified mail return receipt ...
Court Summons from Debt Collector7/14/2008Creditwrench
  Q: "On Friday, I was presented with a Summons demanding that I provide an answer to the complaint ...
  A: I can't help you with bankruptcy and wouldn't even if I could because bankruptcy is a mess you don't ...
Court Summons on debt7/14/2008Michael Brotherton
  Q: On Friday, I was presented with a Summons demanding that I provide an answer to the complaint "which ...
  A: You may request validation as part of your answer but would need to dispute the debt and show a ...
medical bill payments7/12/2008Creditwrench
  Q: I owe $300 for a overnight hospital stay last fall. I have been paying $10 a month on this bill ...
  A: Do whatever you can do. Best if you just pay them and be done with it. Bill Bauer 405-684-9297 ...
leaving the country7/12/2008Michael Brotherton
  Q: I lost my job, my only choice is to go back to my country and stay with my family. I found someone ...
  A: Although I believe they can pursue collection in other countries it is not likely unless the debt is ...
Payday loans7/11/2008Creditwrench
  Q: I live in Texas. I have too many payday loans and cannot pay them. Some of them required that I ...
  A: NO. District prosecutors won't take a complaint from a payday loan company because they knew that ...
Summons On old dept7/11/2008Creditwrench
  Q: I just received a summons on a old credit card dept from Jan 2002. I looked up Ca is says SOL is 4 ...
  A: Yes, there is a link in the body of my first reply that goes through that as will as there being ...
Sued by collecions agency7/11/2008Michael Brotherton
  Q: I received a summons from a friend that was at my house. He answered the door and I was not home and ...
  A: This depends on your state. Some states allow prejudgment garnishments or seizure of assets under ...
Civil summons on credit card debt.7/10/2008Creditwrench
  Q: I let this credit card get away from me because I tried to make payments with the credit card ...
  A: In far too many courts they don't have to prove anything at all to get a judgment. They ask for it ...
Civil summons on credit card debt.7/10/2008Creditwrench
  Q: I let this credit card get away from me because I tried to make payments with the credit card ...
  A: How will you answer the summons? What will you say? How will you prove that the statute of ...
collection7/10/2008Creditwrench
  Q: My daughter received a summons to appear in court on 7-29-08 from Midland credit management for ...
  A: You are going to have to respond to the summons, of course. Both of you need to respond. I'd use a ...
Summons On old dept7/10/2008Creditwrench
  Q: I just received a summons on a old credit card dept from Jan 2002. I looked up Ca is says SOL is 4 ...
  A: If you don't prepare and file a properly written SOL defense they will get the judgment no matter ...
Statute of limitations7/10/2008Creditwrench
  Q: What is the statute of limitations on medical debt (open contract?) in the state of Nebraska? ...
  A: Check out the link below that says Statute of limitations for all states" Bill Bauer 405-684-9297 ...
Bad Debt Haunting Card Signator7/10/2008Michael Brotherton
  Q: A few years ago, I had a credit card in my name only with a nationwide home improvement store. My ...
  A: Since he was just an authorized signer he is not responsible for the debt. He may file a complaint ...
2 accounts - same CA7/10/2008Creditwrench
  Q: I'm in a predicament. Not intentionally... but I'm there and need some help getting myself out the ...
  A: You are asking me to speculate on what the outcomes might be and unfortunately I can't do that. I ...
Collection harrasment.7/9/2008Michael Brotherton
  Q: We were getting behind on our credit cards so we went and did a Morgage consolidation loan to pay ...
  A: You will need to provide proof the debt was paid to the original creditor. Did you pay by check, ...
2 accounts - same CA7/9/2008Creditwrench
  Q: I'm in a predicament. Not intentionally... but I'm there and need some help getting myself out the ...
  A: The first thing I would do is go directly to the tax collector's office and try to pay them directly ...
Sued by credit card company7/8/2008Creditwrench
  Q: I received papers from a constable for a lawsuit from a credit card company. The plaintiff is the ...
  A: So you got served with a summons? I've answered this same question so many times that it is ...

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