Cambece Law Firm collections
Question:
My husband of 11 days has been making monthly payments to the Cambece Law Firm for several years now out of our joint checking account to pay off an old car debt. Several times a year they call wanting to up the monthly payment. Again today they called wanting more money monthly but, we really cannot afford it.
They take their monthly payment automatically out of our account so it has never been late or missed, they are claiming the car company wants this "settled". Are we required to keep paying more when they ask or are we ok as long as those monthly payments are being made, can we tell them we just don't have more money? The balance is about $1300 down from about $5000
Answer:
Cambece Law Firm ranks high on anyone's list of the worst collection agencies. They can do any one of many bad things to people trying to do the right thing and are not to be trusted for anything. They can and often do file lawsuits against people who have been paying regularly once they get their balances paid down to a small amount. They do that to keep the people on the hook and paying more and more.
A favorite trick played by some debt collectors is to get the account paid down to some predetermined level then sell the debt to some other debt collector who then tacks on their collection fees putting the consumer much deeper in the hole than they should be. Filing lawsuits on consumers once the account is down to a relatively small amount is another dirty trick sometimes played on unsuspecting consumers.
Constant demands for larger payments is often just an excuse to build up to a lawsuit. After a few demands for larger payments they can "justify"
filing a lawsuit and then the amount owed grows exponentially.
Another nasty trick is often played on consumers because the consumer is never given any receipts for their money. As time goes on there is little chance that the consumer can prove that they paid the debt and it is sold to some zombie debt collector who starts hounding the consumer all over again for the same debt.
I'm not suggesting that such is what they have planned for you but knowing that such things do happen lets you be more prepared for what might happen.
So how does one prepare for the possibility that an outfit like Cambece will pull some bad trick on you such as letting you pay down to some figure such as maybe $600 or so and then file a lawsuit on you?
The way to prepare for such eventualities is to first of all be certain that all phone calls are recorded and that you have the full name of any person from the agency recorded on every call. Ask them when was the last time they called and what was agreed to on the last call. Then move on by asking what is the purpose of today's call.
Keep a careful written record of all calls including the date, time and a short synopsis of what was said on the call.
Make all payments by certified bank cashier's check and never using check by phone direct from your account. Send all payments by certified mail return receipt requested and keep a careful record of those. Make a photo copy of the check before you send it. You should do this even with original creditors such as your car loan. They aren't going to give you any receipts either.
With such outfits as Cambece you need to include a report about any and all violations they might commit. Write them down in your phone record diary. But above all don't ever trust them to do anything right. Deal with them much as you would a rattlesnake because they are fully capable of biting you at any time.
Their claims that the car company wants the matter settled is probably phony too. Sounds like this developed from a vehicle purchase that ended up as a repo and Cambece bought the debt from the finance company. That is their normal way of getting accounts to collect. They probably paid about eight to ten percent of what you owed for the debt and now will extract every last penny possible from you by any means they can.
I certainly hope they don't sue you because if they do you won't be prepared to do battle with them and win. You would be almost guaranteed to lose in local court. Your fine record of past payments won't mean a thing. Even if the judge wanted to listen to your pleas about how you never missed a payment it won't mean a thing if you can't prove it and most likely not even if you could.
Their violations of federal law is the only way to beat them in court and you have to take them to federal court to do that. So while paying them what you owe is a commendable thing you need to prepare yourself for the almost inevitable. With prices escalating as rapidly as they are making those payments is going to become nearly impossible very soon. Miss one and you will find a sheriff at your door with a summons very quickly.
Then you will have to learn how to defend yourself without a lawyer because you won't have the money to pay one to help you even if you could find one willing to do so.
I wish you the best of luck.
Bill Bauer
405-684-9297
405-227-9423
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
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RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
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See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
This article is published as a knol in the Google data base of knols.
A knol by Creditwrench CEO Bill Bauer
knol
Friday, July 25, 2008
Thursday, July 24, 2008
Collections on medical bill
Subject: collections on medical bill
Question:
My fiance and I clean house for two very dear friends of ours, Martha and Arnold. They are on a fixed income and receive only social security and because they have worked hard all their lives, they both have pensions too.
My fiance and I think they are being taken advantage of by the collections agency that keeps threatening to sue them. The facts concerning the whole mess is that Martha had eye surgery in both eyes by an eye surgeon. The surgery was completely covered by her health insurance. The eye surgeon TOLD Martha to see an ophthalmologist friend of his for her post-op. Because the ophthalmologist was not a "surgeon", the health insurance company refuses to pay for Martha's ophthalmologist bill of $1,200.00 (By the way the ophthalmologist charged $600.00 PER EYE to look at her eyes for 5 minutes and tell her that the surgery looked great!).
The surgery was approx. 6 months ago and since then a collections agency has gotten involved. The bill is now up to $1,700.00 because the collections agency is charging their fee of $500.00! Arnold says he is going to have to pay it somehow because he is terrified that they are going to garnish his bank account and go after their pensions after they file suit. Can the collections company do that? They won't even back down on their collections fee. We really care about this kind, honest people and would like to know if they have any recourse against any party involved. They won't even have enough to eat for a while if they have to pay this bill. If there is no recourse, I would just like to put my two cents in that it's a SAD day in America when two lifelong, hardworking people have to worry their survival because of a stupid, overpriced insurance bill that should have been paid by the insurance company in the first place!!
Thanks for your help in this matter.
Answer:
They really don't have much to worry about. Their ss checks cannot be garnished for any reason by anybody except the U.S. Government. Tell them that and that they should not even worry about it.
On the other hand, while it may be illegal for anyone to garnish their checks it can and has been done countless times simply because oldsters didn't know that and didn't know how to protect themselves.
Here are some of the things they need to learn and do and that you can do to help them learn.
1. Have them get a digital voice recorder. They can get one at many places such as Target, Radio Shack, Circuit City and more. It don't have to be really expensive so long as it has a USB port. Do they have a computer? If not, help them get one and teach them how to use it. The computer can record phone calls too. If they don't want to do any of that then just have them keep a written diary of all the calls, date, time and phone number. If they don't have caller ID then get one. Those are really cheap if you shop for them.
2. Teach them not to take abuse on the phone and teach them to demand validation of the debt. Teach them that although everybody has a moral obligation to pay their bills it is not a crime to refuse to pay that which you cannot pay. Teach them that the necessities of life are far more important than the bills are. Teach them that they can be sued and they can get a judgment against them for not paying the bill but a judgment is only a court order saying that they owe the money but it is not a court order saying the must pay. The court order saying they must pay is a separate process entirely. Tell them that if they get a garnishment hearing summons or a summons for an assets hearing they must go to those kinds of hearings and then they can tell the judge that they are on SSI and have no other income. That should take care of it.
There are lots of things they can learn from me for free. Give them my phone number and tell them that if they have any questions about their problems I'll be glad to talk to them and try to help as much as I can for free. If and when the time comes they need more help than I can afford to give for free I'll tell them and if they can't afford it they will owe me nothing. I do hope they have a computer and internet access however. Just makes things so much easier.
Bill Bauer
405-237-2124 Voice line Call anytime
405-227-9423 Voice line Call anytime
405-684-9297 Fax only
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
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Creditwrench - The lethal weapon against debt collectors
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(405) 227-9423 - CALL ANYTIME
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Question:
My fiance and I clean house for two very dear friends of ours, Martha and Arnold. They are on a fixed income and receive only social security and because they have worked hard all their lives, they both have pensions too.
My fiance and I think they are being taken advantage of by the collections agency that keeps threatening to sue them. The facts concerning the whole mess is that Martha had eye surgery in both eyes by an eye surgeon. The surgery was completely covered by her health insurance. The eye surgeon TOLD Martha to see an ophthalmologist friend of his for her post-op. Because the ophthalmologist was not a "surgeon", the health insurance company refuses to pay for Martha's ophthalmologist bill of $1,200.00 (By the way the ophthalmologist charged $600.00 PER EYE to look at her eyes for 5 minutes and tell her that the surgery looked great!).
The surgery was approx. 6 months ago and since then a collections agency has gotten involved. The bill is now up to $1,700.00 because the collections agency is charging their fee of $500.00! Arnold says he is going to have to pay it somehow because he is terrified that they are going to garnish his bank account and go after their pensions after they file suit. Can the collections company do that? They won't even back down on their collections fee. We really care about this kind, honest people and would like to know if they have any recourse against any party involved. They won't even have enough to eat for a while if they have to pay this bill. If there is no recourse, I would just like to put my two cents in that it's a SAD day in America when two lifelong, hardworking people have to worry their survival because of a stupid, overpriced insurance bill that should have been paid by the insurance company in the first place!!
Thanks for your help in this matter.
Answer:
They really don't have much to worry about. Their ss checks cannot be garnished for any reason by anybody except the U.S. Government. Tell them that and that they should not even worry about it.
On the other hand, while it may be illegal for anyone to garnish their checks it can and has been done countless times simply because oldsters didn't know that and didn't know how to protect themselves.
Here are some of the things they need to learn and do and that you can do to help them learn.
1. Have them get a digital voice recorder. They can get one at many places such as Target, Radio Shack, Circuit City and more. It don't have to be really expensive so long as it has a USB port. Do they have a computer? If not, help them get one and teach them how to use it. The computer can record phone calls too. If they don't want to do any of that then just have them keep a written diary of all the calls, date, time and phone number. If they don't have caller ID then get one. Those are really cheap if you shop for them.
2. Teach them not to take abuse on the phone and teach them to demand validation of the debt. Teach them that although everybody has a moral obligation to pay their bills it is not a crime to refuse to pay that which you cannot pay. Teach them that the necessities of life are far more important than the bills are. Teach them that they can be sued and they can get a judgment against them for not paying the bill but a judgment is only a court order saying that they owe the money but it is not a court order saying the must pay. The court order saying they must pay is a separate process entirely. Tell them that if they get a garnishment hearing summons or a summons for an assets hearing they must go to those kinds of hearings and then they can tell the judge that they are on SSI and have no other income. That should take care of it.
There are lots of things they can learn from me for free. Give them my phone number and tell them that if they have any questions about their problems I'll be glad to talk to them and try to help as much as I can for free. If and when the time comes they need more help than I can afford to give for free I'll tell them and if they can't afford it they will owe me nothing. I do hope they have a computer and internet access however. Just makes things so much easier.
Bill Bauer
405-237-2124 Voice line Call anytime
405-227-9423 Voice line Call anytime
405-684-9297 Fax only
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson
RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
__________________RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
http://shrinkmylink.com/qlmqson Try this great new search engine!
This Sigline updates constantly! Try it!
Creditwrench - The lethal weapon against debt collectors
ceo@creditwrench.com
Creditwrench Blog
(405) 237-2174- CALL ANYTIME
(405) 684-9297 FAX NUMBER
(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME
Do the right thing
Debt collection practices
Question: I was unemployed between August 2006 and August 2007 and as a result defaullted on a number of debts with a total value of over $50,000. After obtaining employment in 2007 I began makeing payment on these debts on a regular and consistant basis. Some are already paid off and others are gradually paying down. One account of unsecured credit in the amount of $24,000 was sold to a collection attorney. After 6 minths of payments at $400 per month I increased my payments to $500 per month. For the next few months I found they were no longer taking the payments on the scheduled date, and I had to call each time and set up the payment. Each time the collector first offers me an offer for a settlement in full which I cannot accept as I no access to cash for a lump sum payment. I offer to continue my payments with the expectation of increasing my payment to $1000 per month in October 2008. The collectors have then become abuse and tell me they have no obligation to accept my monthly payment and have intention to sue or take "other" legal actions. Each time they have eventually taken that months payment over the phone. What recourse do I have if they refuse to contine taking my payments?
Answer: You have no recourse at all so long as you are trying to cooperate with them. They take your good efforts as a sign of weakness and much like a barking dog which will become much more aggressive if you show fear.
You need to learn to defend yourself against the possibility that one day they will do just what they threaten to do and file a lawsuit on you. Accept the fact that they might very well do just that. Prepare yourself for that eventuality now. Learn what laws they violate, record all phone conversations with them using a digital voice recorder and keep a written record of them as well. You will soon have a nice history of their violations.
When the time comes that you have a few violations recorded start controlling the conversations instead of letting them control the conversations. If they refuse to take your payments and start their illegal threats tell them that if they want to take you to court then they should do just that. Tell them to either take your money or take you to court. Tell them you are sick and tired of getting this hassle every time you want to make a payment. When they start giving you a hard time demand a full accounting of the debt.
Let them know you are not the least bit afraid of them or their lawyers.
After all, there is no need to be afraid of them or their lawyers if you are well prepared to not only deal with them on a local basis but on a federal basis as well.
What you don't seem to realize is that they will never give you any receipt for your payments and you will probably end up paying forever and stand an excellent chance of ending up in court anyway.
I realize that you are fearful of having to go to court but once you have become familiar with how to go there and defend yourself against their lawyers and win there is nothing to fear except fear itself.
Learn that even though you pay them and try to do the right thing your payments are actually being used against you via your credit reports.
You are actually doing nothing but buying your own bad credit.
I don't blame you for trying to do the right thing and nobody else will either but are you really doing the right thing for yourself? That is a question you should be seriously considering.
I can assure you that while you are doing the right thing from a moral standpoint you are doing the wrong thing for your own good. You are simply paying out huge sums of money fruitlessly hoping to stave off what may well turn out to have been inevitable anyway.
All that money could be going towards your eventual retirement or making a better life for yourself.
http://shrinkmylink.com/qlmqson Try this great new search engine!
This Sigline updates constantly! Try it!
Creditwrench - The lethal weapon against debt collectors
ceo@creditwrench.com
Creditwrench Blog
(405) 684-9297- CALL ANYTIME
(405) 684-9297 FAX NUMBER
(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME
Question: I was unemployed between August 2006 and August 2007 and as a result defaullted on a number of debts with a total value of over $50,000. After obtaining employment in 2007 I began makeing payment on these debts on a regular and consistant basis. Some are already paid off and others are gradually paying down. One account of unsecured credit in the amount of $24,000 was sold to a collection attorney. After 6 minths of payments at $400 per month I increased my payments to $500 per month. For the next few months I found they were no longer taking the payments on the scheduled date, and I had to call each time and set up the payment. Each time the collector first offers me an offer for a settlement in full which I cannot accept as I no access to cash for a lump sum payment. I offer to continue my payments with the expectation of increasing my payment to $1000 per month in October 2008. The collectors have then become abuse and tell me they have no obligation to accept my monthly payment and have intention to sue or take "other" legal actions. Each time they have eventually taken that months payment over the phone. What recourse do I have if they refuse to contine taking my payments?
Answer: You have no recourse at all so long as you are trying to cooperate with them. They take your good efforts as a sign of weakness and much like a barking dog which will become much more aggressive if you show fear.
You need to learn to defend yourself against the possibility that one day they will do just what they threaten to do and file a lawsuit on you. Accept the fact that they might very well do just that. Prepare yourself for that eventuality now. Learn what laws they violate, record all phone conversations with them using a digital voice recorder and keep a written record of them as well. You will soon have a nice history of their violations.
When the time comes that you have a few violations recorded start controlling the conversations instead of letting them control the conversations. If they refuse to take your payments and start their illegal threats tell them that if they want to take you to court then they should do just that. Tell them to either take your money or take you to court. Tell them you are sick and tired of getting this hassle every time you want to make a payment. When they start giving you a hard time demand a full accounting of the debt.
Let them know you are not the least bit afraid of them or their lawyers.
After all, there is no need to be afraid of them or their lawyers if you are well prepared to not only deal with them on a local basis but on a federal basis as well.
What you don't seem to realize is that they will never give you any receipt for your payments and you will probably end up paying forever and stand an excellent chance of ending up in court anyway.
I realize that you are fearful of having to go to court but once you have become familiar with how to go there and defend yourself against their lawyers and win there is nothing to fear except fear itself.
Learn that even though you pay them and try to do the right thing your payments are actually being used against you via your credit reports.
You are actually doing nothing but buying your own bad credit.
I don't blame you for trying to do the right thing and nobody else will either but are you really doing the right thing for yourself? That is a question you should be seriously considering.
I can assure you that while you are doing the right thing from a moral standpoint you are doing the wrong thing for your own good. You are simply paying out huge sums of money fruitlessly hoping to stave off what may well turn out to have been inevitable anyway.
All that money could be going towards your eventual retirement or making a better life for yourself.
Bill Bauer
405-684-9297
405-227-9423
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson
RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
__________________405-684-9297
405-227-9423
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson
RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
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Wednesday, July 23, 2008
Bankruptcy?
Question:
hello and thanks for taking the time.
I have been financing my wife real estate business for 2.5 years hoping she could pay back, unfortunately i have racked up allot of debt as a result and no longer have the cash flow. Credit cards are at 50,000 combined. they have shut down my lines and because i am getting squeezed i have misled one payment. I have assets cars etc to sell but the market is bad so i don't know if i can raise that kind of money. I also anticipate loosing my job in the small town i work in in about a year. I have gone one month behind on my credit card bills only. I have not spoken to the credit card companies yet. I would like to negotiate a payoff! please advise, I have no problem filing bk once i am laid off as well.
Answer:
Your plans sound very rational and well laid. Looks like you have it all figured out as to what is the best thing to do but I don't think I can agree that they are the best course of action you could choose for you and your family. As you now know it wasn't a good idea to try to finance your wife's real estate business. That cost you dearly. I have found that the more money one has to put into a new startup business the less likely it is to succeed while in contrast to that a business that is going to be successful will be that way right from the start and will generate a good cash flow very quickly. Of course, that depends on the type of business. Naturally you can't start many businesses for nothing. You can't start a convenience store without buying the stock the store needs to sell but I'm talking about service type businesses where no stock or inventory is required and the owner's labor is about all that is needed at first. Basically speaking a real estate business only needs the owner's labor to get going. Sell a house or two and the cash to get going should be available.
But now you are in deep trouble and say that even though you sell off all your assets you still wouldn't have enough cash to get yourself out of debt and your situation is going to get much worse day by day because they will keep on adding a mountain of interest, late fees and what have you and when you can't keep up and default entirely they will turn it over to collection agencies who will add thousands more. Sooner or later the debt collectors will send it to their lawyers who will add on even more thousands of dollars.
Of course, you will file bankruptcy and hope to get rid of the mess that way since you will also have lost your employment by that time.
So then what do you plan for a future? Just retire and live on pension or what? Looks like a very bleak future you have planned for yourself to me.
You also say you would like to negotiate a reduced payoff. You might be able to do that in some cases but probably not in all cases. Some won't deal with you at all. But even if you can work out a reduced settlement offer it will be reported to the credit bureaus that way and that won't help your future any either. Bad credit can not only make it impossible to buy things like cars you might need to get to the grocery store, the doctor, and back and forth to a new job if you can find one and with bad credit you might not be able to get good employment.
So why plan a miserable future? Now is the time to start taking positive steps instead of negative ones. Why not do as a North Dakota rancher is doing right now? Dusty got hit with some problems and fell behind on a credit card debt to Citibank. He too owed them about the same amount as you do and they turned it over to a debt collector in Bismark which is about 90 miles from his ranch. As soon as they contacted him he sent them a demand for validation to which they never responded except to call his wife's father and start asking him how many cows Dusty owned and when asked why they wanted to know that they told the old man the whole story and how much Dusty owed them.
Then they turned it over to a lawyer who filed a lawsuit against Dusty. Dusty sent the lawyer a demand for validation which the lawyer ignored and Dusty also filed a response to the court, sent it to the lawyer along with demand for interrogatories, admissions and production of documents. When the lawyer answered he answered one of the questions by stating that he didn't have to abide by the Fair Debt Collection Practices Act. He also made a couple of other mistakes as well which also violated FDCPA. Dusty prepared a complaint against both the debt collector and the attorney and got it finished today. Next he will work on his memorandum of law which may take him a couple of days since this is his first federal case and then he will prepare an intent to sue letter and send his already prepared case and the intent to sue letter to both the lawyer and the debt collector and see how they react to that.
If they want to keep from having to answer Dusty's federal complaint they will have to dismiss their case against him and take all related derogatory remarks off his credit report.
If they ignore him and go on to court on the 18th of August as now is planned Dusty will simply file his federal case and then the cheese will become much more binding. He will win beyond a shadow of a doubt
and because they won't want to go to a federal jury trial and try to explain why they violated the law they will want to settle out of court which Dusty will be only too happy to accept but the terms of settlement will be vastly stiffer. Besides what he would have settled for earlier he will tack on the $350 filing fee, attorney fees at $125 an hour for his time preparing the case and he will have added in their violations of Fair Credit Reporting Act. Those violations will cost another $3,000 per month for each month they have been in violation plus damages. They get nothing and pay Dusty more money than his little ranch will make in a year and Dusty walks off with pristine credit. How did all that become possible? Because they apparently thought Dusty was just a dumb old rancher and the truth is that before he started he didn't know a thing about FDCPA or FCRA, much less how to successfully prepare, present and argue a federal court case. He still has a lot to learn but he is getting the job done very quickly.
Now then, whose plan is better? You tell me.
Bill Bauer
405-684-9297
405-227-9423
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson
RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
hello and thanks for taking the time.
I have been financing my wife real estate business for 2.5 years hoping she could pay back, unfortunately i have racked up allot of debt as a result and no longer have the cash flow. Credit cards are at 50,000 combined. they have shut down my lines and because i am getting squeezed i have misled one payment. I have assets cars etc to sell but the market is bad so i don't know if i can raise that kind of money. I also anticipate loosing my job in the small town i work in in about a year. I have gone one month behind on my credit card bills only. I have not spoken to the credit card companies yet. I would like to negotiate a payoff! please advise, I have no problem filing bk once i am laid off as well.
Answer:
Your plans sound very rational and well laid. Looks like you have it all figured out as to what is the best thing to do but I don't think I can agree that they are the best course of action you could choose for you and your family. As you now know it wasn't a good idea to try to finance your wife's real estate business. That cost you dearly. I have found that the more money one has to put into a new startup business the less likely it is to succeed while in contrast to that a business that is going to be successful will be that way right from the start and will generate a good cash flow very quickly. Of course, that depends on the type of business. Naturally you can't start many businesses for nothing. You can't start a convenience store without buying the stock the store needs to sell but I'm talking about service type businesses where no stock or inventory is required and the owner's labor is about all that is needed at first. Basically speaking a real estate business only needs the owner's labor to get going. Sell a house or two and the cash to get going should be available.
But now you are in deep trouble and say that even though you sell off all your assets you still wouldn't have enough cash to get yourself out of debt and your situation is going to get much worse day by day because they will keep on adding a mountain of interest, late fees and what have you and when you can't keep up and default entirely they will turn it over to collection agencies who will add thousands more. Sooner or later the debt collectors will send it to their lawyers who will add on even more thousands of dollars.
Of course, you will file bankruptcy and hope to get rid of the mess that way since you will also have lost your employment by that time.
So then what do you plan for a future? Just retire and live on pension or what? Looks like a very bleak future you have planned for yourself to me.
You also say you would like to negotiate a reduced payoff. You might be able to do that in some cases but probably not in all cases. Some won't deal with you at all. But even if you can work out a reduced settlement offer it will be reported to the credit bureaus that way and that won't help your future any either. Bad credit can not only make it impossible to buy things like cars you might need to get to the grocery store, the doctor, and back and forth to a new job if you can find one and with bad credit you might not be able to get good employment.
So why plan a miserable future? Now is the time to start taking positive steps instead of negative ones. Why not do as a North Dakota rancher is doing right now? Dusty got hit with some problems and fell behind on a credit card debt to Citibank. He too owed them about the same amount as you do and they turned it over to a debt collector in Bismark which is about 90 miles from his ranch. As soon as they contacted him he sent them a demand for validation to which they never responded except to call his wife's father and start asking him how many cows Dusty owned and when asked why they wanted to know that they told the old man the whole story and how much Dusty owed them.
Then they turned it over to a lawyer who filed a lawsuit against Dusty. Dusty sent the lawyer a demand for validation which the lawyer ignored and Dusty also filed a response to the court, sent it to the lawyer along with demand for interrogatories, admissions and production of documents. When the lawyer answered he answered one of the questions by stating that he didn't have to abide by the Fair Debt Collection Practices Act. He also made a couple of other mistakes as well which also violated FDCPA. Dusty prepared a complaint against both the debt collector and the attorney and got it finished today. Next he will work on his memorandum of law which may take him a couple of days since this is his first federal case and then he will prepare an intent to sue letter and send his already prepared case and the intent to sue letter to both the lawyer and the debt collector and see how they react to that.
If they want to keep from having to answer Dusty's federal complaint they will have to dismiss their case against him and take all related derogatory remarks off his credit report.
If they ignore him and go on to court on the 18th of August as now is planned Dusty will simply file his federal case and then the cheese will become much more binding. He will win beyond a shadow of a doubt
and because they won't want to go to a federal jury trial and try to explain why they violated the law they will want to settle out of court which Dusty will be only too happy to accept but the terms of settlement will be vastly stiffer. Besides what he would have settled for earlier he will tack on the $350 filing fee, attorney fees at $125 an hour for his time preparing the case and he will have added in their violations of Fair Credit Reporting Act. Those violations will cost another $3,000 per month for each month they have been in violation plus damages. They get nothing and pay Dusty more money than his little ranch will make in a year and Dusty walks off with pristine credit. How did all that become possible? Because they apparently thought Dusty was just a dumb old rancher and the truth is that before he started he didn't know a thing about FDCPA or FCRA, much less how to successfully prepare, present and argue a federal court case. He still has a lot to learn but he is getting the job done very quickly.
Now then, whose plan is better? You tell me.
Bill Bauer
405-684-9297
405-227-9423
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson
RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
Civil summons. What should I do?
Judgement Civil Summons
Question: I received a Civil Summons for a Judgement brought against me from a credit card company. The Collection company is out of Kansas. The collection company is going through an attorney in Tucson, AZ. I live in Phoenix, AZ. What should I do?
Answer: What should you do? Respond to the court summons then learn to fight back by taking advantage of their mistakes and violations of federal law. It is the only way to win. You owe them money for your mistake of not paying when due and they want you to pay dearly for that mistake yet they make mistakes all the time and think nothing of it. Of course they want you to think nothing of their mistakes either. Never mind our mistakes it is your mistakes we are worried about they say. Its not fair that you accepted their money, goods or services and don't pay it back. That's their argument and of course we all know that it is a valid argument that the judge will accept and therefore rule in their favor. Of course we should have paid them and we would have if we could but we just didn't have the money to keep up with their demands. We didn't just go out and deliberately run up bills we knew we couldn't pay. Something unforseen happened and we had no choice but to default.
Now they have filed a lawsuit which will end up as a judgment against you and from there it will go into a garnishment which they will use to take up to 25% of each paycheck or go garnish your bank account or maybe even go to your home and grab up any valuables they can find. They will do anything the law allows them to do to get their money.
Things are already tough for you. Its costing more and more to heat and cool your home, buy the gasoline you need to get to work or the store or other places you have to go as well as food and other essentials getting more and more expensive every day. You are barely getting by now so what will you do with 25% less money than you have now? How will you make it? Hold garage sales and sell off everything you can possibly do with out? That's not going to get the job done and you already know that. Or will you go get another job and see them take 25% of your second job too? The second job will most likely pay less than your first job and with gasoline costing what it does today and going up and up daily you won't gain a thing from that second job.
I can't see any alternative but to learn how to fight back and win by using their mistakes against them just as they are using your mistakes
against you. Can you think of any other alternative other than just putting up with it? If so I'd like to know what other options there are too. After all, there might come a time in the future when I might be faced with the same problem you are today but I'll have the knowledge and the skills needed to fight back and make them pay me instead of the other way around.
When the wolf comes to my door which I firmly believe he will do sooner or later he is going to have to bring an awfully big picnic basket with him. First of all I'll be recording every howl he lets out. I'll demand that he validate his claim right away. When he turns his claim over to a lawyer he will suddenly find himself trying to explain to a federal judge why he did all the things he did that he wasn't supposed to do and then when his friend the shark (Lawyer)tries to take a bite out of my hide he will also find himself explaining the same kinds of things to a federal judge.
I'm not worried about my ability to catch them making mistakes. The problem they have is that there are so many ways they can break the law that it is almost impossible for them to attempt to collect a debt without breaking the law one way or another. I'll catch them every time and make them pay before they get to the point of making me pay and I'll use the law against them.
I'm not an original genius. I'm just an average old man so if I can do it so can you. I can't give you legal advice but I can teach you what I know. I can't fix your credit for you because I'm not a credit repair expert and I don't fix anybody's credit but I can teach you what I know and if you use that knowledge to get you out of the fix your are in then more power to you. And if you decide you aren't going to take this lying down you will probably end up teaching me some things I didn't know too. That's just the way it works. I don't think I've ever had a student who didn't teach me something or other and I've had a lot of students over the years.
So what should you do? I think you should learn how to fight them off instead of just taking it on the chin.
Question: I received a Civil Summons for a Judgement brought against me from a credit card company. The Collection company is out of Kansas. The collection company is going through an attorney in Tucson, AZ. I live in Phoenix, AZ. What should I do?
Answer: What should you do? Respond to the court summons then learn to fight back by taking advantage of their mistakes and violations of federal law. It is the only way to win. You owe them money for your mistake of not paying when due and they want you to pay dearly for that mistake yet they make mistakes all the time and think nothing of it. Of course they want you to think nothing of their mistakes either. Never mind our mistakes it is your mistakes we are worried about they say. Its not fair that you accepted their money, goods or services and don't pay it back. That's their argument and of course we all know that it is a valid argument that the judge will accept and therefore rule in their favor. Of course we should have paid them and we would have if we could but we just didn't have the money to keep up with their demands. We didn't just go out and deliberately run up bills we knew we couldn't pay. Something unforseen happened and we had no choice but to default.
Now they have filed a lawsuit which will end up as a judgment against you and from there it will go into a garnishment which they will use to take up to 25% of each paycheck or go garnish your bank account or maybe even go to your home and grab up any valuables they can find. They will do anything the law allows them to do to get their money.
Things are already tough for you. Its costing more and more to heat and cool your home, buy the gasoline you need to get to work or the store or other places you have to go as well as food and other essentials getting more and more expensive every day. You are barely getting by now so what will you do with 25% less money than you have now? How will you make it? Hold garage sales and sell off everything you can possibly do with out? That's not going to get the job done and you already know that. Or will you go get another job and see them take 25% of your second job too? The second job will most likely pay less than your first job and with gasoline costing what it does today and going up and up daily you won't gain a thing from that second job.
I can't see any alternative but to learn how to fight back and win by using their mistakes against them just as they are using your mistakes
against you. Can you think of any other alternative other than just putting up with it? If so I'd like to know what other options there are too. After all, there might come a time in the future when I might be faced with the same problem you are today but I'll have the knowledge and the skills needed to fight back and make them pay me instead of the other way around.
When the wolf comes to my door which I firmly believe he will do sooner or later he is going to have to bring an awfully big picnic basket with him. First of all I'll be recording every howl he lets out. I'll demand that he validate his claim right away. When he turns his claim over to a lawyer he will suddenly find himself trying to explain to a federal judge why he did all the things he did that he wasn't supposed to do and then when his friend the shark (Lawyer)tries to take a bite out of my hide he will also find himself explaining the same kinds of things to a federal judge.
I'm not worried about my ability to catch them making mistakes. The problem they have is that there are so many ways they can break the law that it is almost impossible for them to attempt to collect a debt without breaking the law one way or another. I'll catch them every time and make them pay before they get to the point of making me pay and I'll use the law against them.
I'm not an original genius. I'm just an average old man so if I can do it so can you. I can't give you legal advice but I can teach you what I know. I can't fix your credit for you because I'm not a credit repair expert and I don't fix anybody's credit but I can teach you what I know and if you use that knowledge to get you out of the fix your are in then more power to you. And if you decide you aren't going to take this lying down you will probably end up teaching me some things I didn't know too. That's just the way it works. I don't think I've ever had a student who didn't teach me something or other and I've had a lot of students over the years.
So what should you do? I think you should learn how to fight them off instead of just taking it on the chin.
Bill Bauer
405-684-9297
405-227-9423
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson
RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
405-684-9297
405-227-9423
Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson
RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.
See all my questions and how I answered them.
Just send an email to ceo@creditwrench.com and ask to join my mailing list of all answers. I'll put you on the list and you can easily unsubscribe any time you wish.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.
http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer
Statute of Limitations for all states
http://shrinkmylink.com/zlwpson
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
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