Saturday, August 2, 2008

Sued

Sued, Liened, and Maxed Out
Question:
Hi CW,

I just settled with IRS who is taking all of my disposable income every month (there is *barely* enough for rent, food, utilities, and to drive my car).



However Capital One has hired a law firm to collect on a $700 principle credit card debt (a card I never used, signed for, my wife signed for it in my name). The debt is up to $1400 with penalties and late fees however the law firm is telling me if I don't pay in full by monday they will sue and I will end up owing the $1400 plus 8k in attorneys fees.



I have explained my situation to them and they either don't believe that I don't have the money or frankly don't care at this point. I have exhausted any potential lenders to get me out of this situation, if they are awarded a judgment against me and a garnishment (which will cause me to fail on my lien agreement with the IRS) I am totally screwed with the IRS who already has said if I fail even one month to make my payment they will levy everything I own including bank accounts.



Will a judge really award a judgement that will cause me to be levied? Can I still dispute that this debt is mine (I never used the card and I know I never signed for it)? Any help would be greatly appreciated.



p.s. I owe IRS 50k and 65k in credit cards in case that changes any of your answers, no I don't qualify for bankruptcy according to the attorney I met with.




Answer:



I'd let them sue me. I know you are very frightened by what might happen if they get a judgment and I certainly can't disparage you for that. But if you learn to fight back the right way then you can turn the table on them. Let them learn that what goes around comes around.

First of all, where is the contract that you supposedly agreed to? I've just been provided with some new information from at least 3 attorneys who all state that the card agreement must be presented in court. No card agrement, no statements showing use of the card then there is no case. These same attorneys, One from Alabama, one from Oregon and one from New York all say the same thing and all agree on a shocking new legal theory dealing with credit cards and credit card lawsuits.



Now then, I must admit that this is probably not the least bit new or shocking to some lawyers but it sure was shocking to me and it will be very shocking to millions of consumers. The "new" information heavily underscores the need to force them to produce that contract upon which they base their claim.




The "new" information is so devastating that it presents an entirely new approach to how consumers can fight in local courts and win and leaves the vast majority of credit card judgments null and void upon their face and vulnerable to collateral attack that is going to be very tough for judges to deny motion to vacate their judgments.

So in order to get these people off your back you need to start learning how to detect their violations of law and take them to federal court. That will put a big hitch in their git-along.

It is, in fact, so devastating that it also opens up a new line of attack in federal courts.

Now then, how did I make this "earth shattering" discovery? Just this last week I have been setting up RSS feeds on my message board at http://consumers.creditwrench.com so the latest in court decisions and law related information is brought in for my readers to learn from. I also have set up a newsletter that people can subscribe to and follow what is happening on my message board and on my blogs.
People can subscribe to my newsletter by going to my web site at http://www.creditwrench.com and looking in the right hand column. Once there look for the GOOGLE box where it says "subscribe to the creditwrench newsletter.

The advantage is that one does not have to visit my message board to pick up on the latest posts and rss feeds because they can get an email everytime someone posts or they can get a daily digest of everything that happened that day by email. Saves people a great deal of time.

One thing I'm going to start asking people to do is to send me copies of credit card agreements from any and all credit card companies they might have. New ones, old ones, it don't matter. In fact, the older the better. All they have to do is scan them front and back and send them to ceo@creditwrench.com so they can be used to help people defeat these bloodsuckers.

Bill Bauer
405-684-9297
405-227-9423

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