All Experts Blog

Payday loans

2009-03-10T07:09:00.002-05:00

payday loans

Question:

i received a payday loan in set and had issues with my bank account and made them aware of it, they then told me it was going to go to collections, a company named i-collect in which i havent received a phone call. now im getting calls from a company named ccrm stating they represent Hawiian midland financial, but they refuse to send a invoice so that i can pay the bill or anything. and when i contact the company i got the loan through they insist they only go through i-collect. i have received nasty voicemails from ccrm stating jail and going to court and i better get a good lawyer. please advise what to do or what is possible, the company dont have a number for me to contact i-collect. i asked how do i pay the loan off if i-collect dont contact and the loan company rep said that she dont know

Answer:
If I were in that kind of situation my first thought would be that they must not want to get paid very badly. It seems logical to think that if they wanted to get paid they would provide me with the address where I could simply send them a U.S. Postal money order by certified mail return receipt requested. That is the only way I would pay them because I know that any debt collector who won't be up front with me would never give me a receipt for my money so I could prove I had paid the debt.

On top of that I would also know that a debt collector who wouldn't give me full contact information and even got so far out of line that they threatened me with jail was a debt collector who obviously wanted me to sue them for those violations of FDCPA and so I would be only too happy to oblige them.

Of course, I would be recording their phone calls and I would have sent them a debt validation letter within 30 days of their initial contact with me. I would be using the list of 18 questions to be found at 18 questions for debt collectors every time they called. They would either answer the questions or I would simply hang up on them. Then if they did send the account to a lawyer I'd sue them again and then send a debt validation letter to the attorney and get ready to start gathering evidence against the lawyer so I could take the lawyer to federal court naming the debt collector as a co-defendant.

I'd also be watching my public record at the courthouse on a daily or weekly basis so I would know when they filed a lawsuit against me and I would respond to their lawsuit before I ever got served by a sheriff. I wouldn't wait to get served.

Now why are you worried about how to pay them when you should be worried about how to make them pay you to go away and leave them alone?

Homebuyers beware.

2009-02-08T06:39:00.002-06:00

ccscissors

Newbie

New Mortgage Guidelines

I don't know how it was before the housing crisis, but what are the current rules when two unmarried people want to buy an apt together (mind you the apt costs as much as some houses), and person A has great credit, and person B has horrible credit? I think they could both have the house in their names/buy the house together before because person A would shoulder the responsibility for person B's credit. But I'm not sure if its that way now. And I dont know if you have to also have liquid capital to boot. Does anybody know.

Quote:

Originally Posted by greg1045

Nothing dramatically will change. Both applicants' credit reports will be scrutinized, both applicants' wages will be verified. Doesn't ,matter one way or another if the two are married to each other or not.

Not quite the way it can work. Assuming A has great credit and B has bad credit or no credit, the A credit can be used as the responsible party without consideration of the B credit. B can be on the mortgage but not on the note. The note is the negotiable instrument and the mortgage is the security for the note. There are many potential traps or pitfalls in the process that borrowers need to be wary of. Firs t of all, one or both parties should attend all meetings with brokers, lenders or anything to do with the process and both should be carrying digital voice recorders. Borrowers should always stay away from any kind of Adjustable Rate Mortgages better known as ARM type loans. ARM loans will always keep on costing more and more each month, often ending up with the monthly payments being two, three, even four times what the loan started out costing. ARM loans are nothing more than a foreclosure waiting to happen.

Borrowers should steer clear of notes which contain any reference to a company named MERS or Mortgage Electronic Registration Systems. Borrowers are usually told that MERS is nothing but a data base for the storage of notes and mortgages but the truth is that they are also designated as the servicer of the note and ostensibly have the power to foreclose in lieu of the true lender who probably won't be the lender in fact. The final true lender is seldom if ever revealed or even known to the present lender who normally holds the note for a short period of time, often less than a month.

Once a lender has a sufficient number of outstanding notes in hand they are all bundled up and sold to a larger lender while the present lender remains the true servicing agent and the unsuspecting borrower continues to make his payments to the original lender. The note will eventually be sold on the securities and exchange markets to investors world wide who will each buy a tranche (piece of the original loan) Tranches are usually sold in amounts of $25,000 each so that if a note is worth $100,000 there might actually be four investors each owning one tranche. At the time of securitization the note and the mortgage are actually separated.

It is imperative that the borrowers understand as much of the loan process as possible so an attorney who is knowledgeable about notes and mortgages should always be hired to review the paperwork before signing. If at all possible one should hire an attorney who is also a mortgage fraud investigator. I would recommend Norm Bradford of Maryland or Neil Garfield of California. There are many more good ones out there and they are not very difficult to find if one searches for them but the important part is that whomever is hired should be both an attorney and a recognized mortgage fraud investigator. They won't be cheap, usually costing from about $500 to about $1,000 but are well worth it. If that is not affordable then borrowers should be well familiar with such things as the right to recession and the fact that both borrowers must be provided with written notice of their right to rescind the note within 3 days of the signing. If that condition is not met the right to rescind never expires.

Be very, very careful about buying a home at this time. The house you pay $250,000 for today will probably be worth much less than $100,000 next year. The housing bubble has burst and Obama isn't going to fix that. He will only throw more and more money at the problems thereby making the final economic crash much worse than it would have been had he not meddled with it.

2008-12-22T13:17:00.002-06:00

Questioner: Lynn
Category: Collections Law

Subject: Medical Bills
Question: I have insurance, but even with 90% of everything covered, ended up owing $1,000.

The hospital is a non-profit, but would not work with me unless I could pay the entire balance off in 6 months or less. (I could not).

So, the bills were turned over to collections. (an Agency in Greeley, CO, who, ironically, has the majority of its clients as non-profit, medical organizations!).

1) Is it true that I, personally, had to agree or sign off on their turning this over to collections, more specifically, to this agency in particular?
2) Is it true the hospital is now likely collecting twice; once in its profit and loss statement, once selling this to Professional Finance?
3) I am really struggling to keep up with the $50 a month they demand; if I am making every effort, being sure to pay something each month, keeping in contact with them,can they still take me to court and garnish my wages?

I did not get sick intentionally. The economy sucks, there have been lay offs at my company, I struggle to keep utilities on, food on the table, a roof over my head. How do these people live with themselves? Must you sell your soul to Satan, to work in collections? Especially for medical bills?

Answer:

click here to enlarge
1) Is it true that I, personally, had to agree or sign off on their turning this over to collections, more specifically, to this agency in particular?

Probably not.

2) Is it true the hospital is now likely collecting twice; once in its profit and loss statement, once selling this to Professional Finance?

I have no knowledge of that subject. Maybe they did and maybe they didn't. Depends on their internal bookkeeping procedures.

3) I am really struggling to keep up with the $50 a month they demand; if I am making every effort, being sure to pay something each month, keeping in contact with them,can they still take me to court and garnish my wages?

Yes, they can and you should believe that they will do that sooner or later and start preparing for it now. Above all, you should never pay another dime to the hospital nor the debt collector and most especially not to the debt collector. Start learning all about FDCPA, FCRA and how to catch debt collectors breaking the law and how to take them to court for their violations. If you do that you can easily end up making them forget about ever collecting a dime and make them pay you instead. My students do it all the time.

I did not get sick intentionally. The economy sucks, there have been lay offs at my company, I struggle to keep utilities on, food on the table, a roof over my head. How do these people live with themselves? Must you sell your soul to Satan, to work in collections? Especially for medical bills?

Sounds logical to me. How do these people live with themselves? Easy! The same way all thugs, corrupt politicians, and other scam artists live with themselves. They convince themselves that what they do is right or at least OK and they can make good money fast and easy. They somehow kid themselves into believing that they won't get caught.

Licensing requirements

2008-12-01T08:19:00.002-06:00

Questioner: Katia

Subject: Law Firm Licensing Requirements
Question:
I have a case with a debt collection law firm. The law firm first acted as a collection agency by sending out a dunning letter and then proceeded to file suit after validating. I keep reading according to my state's laws and Federal Law that this firm is acting as a collection agency within the law firm and according to my state's law, the firm must be licensed as a collection agency. My lawyer, however, says I should settle for the full claim (including all fees). If this firm is supposed to be licensed as a collection agency, shouldn't they be unable to collect on this account since they are not licensed?

Answer:

That is a really dumb lawyer you have there. Be that as it may, you need to check with your state consumer protection division but in most states lawyers are specifically excluded from such license requirements. Of course, there is a catch to that because if the law firm is not licensed to practice law in your state then I tend to think they would have to be licensed in your state. More importantly, have they complied with all aspects of FDCPA? Here is a starter list of 15 things that debt collectors cannot do.
__________________________________________________________________
The Fair Debt Collection Practices Act, FDCPA, dictates how debt collectors can act when collecting a debt from you. These are things a debt collector can't do. If you need to reference the law, citations have been provided.
1. Ask you to pay more than you owe
The collector cannot misrepresent the amount you owe. [15 USC 1692e] § 807(2)(a)

2. Ask you to pay interest, fees, or expenses that are not allowed by law. The collector can't add on any extra fees that your original credit or loan agreement doesn't allow. [15 USC 1692f] § 808(1)

3. Call repeatedly or continuously
The FDCPA considers repeat calls as harassment. [15 USC 1692d] § 806(5)

|4. Use obscene, profane, or abusive language
Using this kind of language is considered harassment. [15 USC 1692d] § 806(2)

5. Call before 8:00 am or after 9:00 pm
Calls during these times are considered harassment. [15 USC 1692c] § 805(a)(1)

6. Call at times the collector knew or should know are inconvenient
Calls at these times are considered harassment. [15 USC 1692c] § 805(a)(1)

7. Use or threaten to use violence if you don't pay the debt
Collectors can't threaten violence against you. [15 USC 1692d] § 806(1)

8. Threaten action they cannot or will not take
Collectors can't threaten to sue or file charges against you, garnish wages, take property, cause job loss, or ruin your credit when the collector cannot or does not intend to take the action. [15 USC 1692e] § 807(5)

9. Illegally inform a third party about your alleged debt
Unless you have expressly given permision, collectors are not allowed to inform anyone about your debt except:

* your attorney
* the creditor
* the creditor's attorney
* a credit reporting agency your spouse
* your parent (if you are a minor)

[15 USC 1692c] § 805(b)

10. Repeatedly call a third party to get your location information
The collector can only contact a third party once unless it has reason to believe the information previously provided is false. [15 USC 1692b] § 804(1)

11. Contact you at work knowing your employer doesn't approve
A collector is not allowed to contact you at work if you’ve let them know your employer doesn’t approve of these calls. [15 USC 1692c] § 805(a)(3)

12. Fail to send a written debt validation notice
Within five days of the collector's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [15 USC 1692g] § 809(a)

13. Ignore your written request to verify the debt and continue to collect
A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector's written notice. [15 USC 1692g] § 809(b)

14. Continue to collect on the debt before providing verification
After receiving your written dispute, the collector must stop collecting on the debt until you have receieved verification. [15 USC 1692g] § 809(b)

15. Continue collection attempts after receiving a cease communication notice
If you make a written request for the collector to cease communication, it can only contact you one more time, via mail to let you know one of the following: that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions. [15 USC 1692c] § 805(c)
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
That's a pretty broad list of potential violations and it is virtually impossible for a debt collector (lawyers are 3rd party debt collectors) to collect or attempt to collect a debt without running afoul of the law. When they do break the law the best bet is to take them to federal court where the fact that you owe them money has no bearing on the outcome. You can win the case that way if they broke the law which they most likely did on multiple occasions.

They might very well get a judgment in local court but they will be more than willing to drop that and pay you some good damages, expenses and maybe more to keep from going before a federal judge and jury where they have no chance of winning.

For instance, I have a situation where an elderly lady lost her case in local court then the lawyer attempted to garnish her SSI. They cannot do that according to item #8 so they have probably violated. I say probably because all they have done so far is send her a question sheet wanting to know all about her finances. That in itself is not a violation so she has to wait until they actually make some move to grab SSI money so she can see what they actually try to grab. Asking questions isn't a violation.

They didn't actually threaten to take money from her. While I realize that filing an action against her might seem like a threat to take her SSI they might only put a lien on her property and wait until she passes on. So until they actually make some palpable threat or make a move to go after her SSI money she doesn't have a solid case. At least not on that grounds but she does have a possible cause of action on another grounds. Combine multiple causes of action and then a solid case can be built.

So if you want to win then you need to think in terms of finding their violations and go after them in federal court where you can win.
You don't need a lawyer in either local or federal court and you will never see the inside of a federal courtroom.

Your lawyer says you should just pay up in full? With friends like that who needs enemies? What have you done to respond to the case? Nothing yet? I'm not a lawyer so obviously I can't give you legal advice but I sure know what I would do if I were sued for a debt. First thing I would do is file a denial as my response then I'd prepare my demand for admissions and send both of them to the plaintiff's attorney and we would go from there. You should have done that long ago instead of getting some lawyer who is only going to sell you down the river.

The Lawyer's tool box

2008-10-05T13:17:00.002-05:00

Tips & Tactics

The Lawyer's Little Red Toolbox ...

Every lawyer has a little red toolbox of tricks and traps intended to throw you off track and put you at a disadvantage.

Today's "Tips & Tactics" gives you a glimpse into that toolbox. To learn more, of course, get our complete Jurisdictionary 24-hour step-by-step self-help course.

Issues. Lawyers typically try to "muddy the waters" by trying to get you to argue issues that have absolutely nothing to do with the outcome of the case. If you aren't careful, they will drag you off into a never-never land of expensive and time-consuming efforts to prove or disprove facts that are "outside the pleadings", facts that were not raised by the pleadings and, therefore, do nothing but drain your energy and gobble up your time so the other side can make it look like you are struggling to prove your case. Don't put up with it. Make your record. "Objection, your Honor. Counsel is raising issues beyond the scope of the pleadings!" (More about this in our 24-hour self-help course.)

Sidebar. Lawyers will try to whisper to the judge on the bench (so the court reporter cannot hear) communicating to the court about matters they would never be allowed to present if the court reporter were taking everything down and you were in a position to object on the record. When the lawyer on the other side of your case calls for a sidebar conference, make sure the court reporter comes with you to the bench and types every word spoken by the judge, the other lawyer, and yourself. Failure to do so has been the downfall of many. Don't let it happen to you!

Testifying. This is the biggest and most common crime and one of the many reasons people hate lawyers. When a lawyer can't find a witness or documents or anything else to support their arguments, they'll just tuck their thumbs under their armpits and strut about the courtroom stating facts about which they have no personal knowledge whatever. And, if you let them get away with it, you are inviting disaster. The only time a lawyer (or pro se litigant, for that matter) should be allowed to talk about facts is when the facts recited are already in the record - either because a witness testified to them or some documents or other things were presented to the court to demonstrate those facts. Unless the lawyer has first-hand knowledge, he is an incompetent witness. "Objection, your Honor. Counsel is testifying." If the lawyer claims to have first-hand knowledge, move the court to make him or her submit to cross-examination under oath!

Empty Objections. Ever watch court programs on TV and hear the lawyers call out that familiar word, "Objection", without saying anything more about why they are objecting? Of course you have. Not many script writers are lawyers, so they assume that single word, without more, is good enough. It's not! If the other side jumps up with an "Objection", you jump up immediately and demand, "Grounds, your honor! What are the grounds?" Unless an objection is based on proper grounds, it is improper for the court to sustain the objection. If you allow this trickery, you only invite the other side to get away with murder.

Well, that's just a few of the things you'll learn with our fabulous, wildly popular, 24-hour step-by-step lawsuit self-help course. Get your own little red toolbox now at Jurisdictionary and learn how to fight legal corruption in court and win!

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Court Summons for Credit Card Debt.

2008-10-01T22:23:00.003-05:00

Court Summons for Credit Card Debt.
Question:

I live in Florida. The alleged credit card debt was initiated in Massachusetts. My question is; under my credit card agreement under "Applicable Law" This Agreement and your Account will be governed by federal law, and the laws of Arizona, whether or not you live in Arizona and whether or not your Account is used outside of Arizona. You agree that:(1) this Agreement is entered into in Arizona; (2) all credit under this Agreement will be extended from Arizona; and (3) all credit extended under this Agreement is subject to, and governed by, Section 44-1205(C) of Arizona Revised Statutes. All terms and conditions of this Agreement (including Returned Check Charge and Over Limit Change provisions) are deemed to be material to a determination of the finance charge.

My argument would be to dismiss this law suit due to this debt is pass the SOL period. Since Arizona Open accounts is 3 yrs. Do you think this argument will work?

My second argument would be that the debt amount is incorrect and I would then request a original application with my signed signature. I know the amount is incorrect and read some where that it's illegal for them to state an amount this is false; is that true?

My last question is I received another letter from the same Attorney, same Case No. but for a larger amount. Do you think their falsifying their documents?

Thank you so much for your time and any response that you can give me is so much appreciated.

Sincerely,
Guest101

Answer:

Will your SOL argument work? Probably not unless you really know how to make it stick. Most judges simply won't want to hear it first of all because if that argument were to be accepted they would just about have to go to school all over again. It isn't just the SOL argument that can be used against plaintiffs. There are other ramifications and arguments that can be used as well if judges accept that argument. So you are likely to get denied even though there is a fair amount of case law to support your argument. As a result I would guess that you will not only need to know how to argue that point but how to force the judge to accept it whether he wants to or not. Be aware that in order to prevail you may have to take it to the appellate level or even higher. If you are willing to do that then I'd say you have a pretty fair chance. I am aware of an ongoing Florida case that is currently being decided by the judge who took it under advisement and is studying the matter. That person, a student of mine based his argument on another Florida case against Capital One wherein Cap One lost the case argued on the same grounds. The problem is that the first case was also decided in another district court in Florida so it is not a compulsary case.

There is another case that I am aware of that was ruled on in the 10th Circuit court of appeals. That case is not exactly the same but definitely similar and could be cited as well. Once again, however, rulings of the 10th circuit would not be compulsary in your state so all of the cases could only be advisory cases. They might help and they might not. You might very well have to take it all the way to your circuit court of appeals too. I would very deeply appreciate your keeping me abreast of what happens if you do argue it.

Then you ask about getting the original agreement to see if all the charges are allowable under the terms and conditions of the agreement. Another excellent argument that should be vital to the outcome of the case but again you may have to put up a hard fight to get that accomplished.

Are they falsifying their documents to get more money? Most likely they are.

Again, I think your arguments have much merit but trying to get a judge to agree with you isn't likely to be easy unless you know how to argue the case well and be prepared to back it up with further action if things don't go well.

Please keep me posted as your situation progresses.

Facing foreclosure in Oklahoma

2008-09-25T08:48:00.002-05:00

Question: Hello, I got information today from a home investor that LB&N had some type of lien or had attached an $8000.00 dept to my home, I am trying to avoid foreclosure, and am trying to sell fast, as I also have a new job which will have me out of state for 4 weeks starting the 5th of OCT. Any way that $8000.00 would come out of the price I do get for the house, problem is I am getting less than that after pay off.
I have not received any certified mail regarding this, and the last piece of mail I did receive was back in 2002 or 2003, it was for a repossessed car in 2002. I want to call this place tomorrow and ask if they will take less, but after google searching their name to get a phone number and running across nothing but the words "scam" "rip off" and many other negative reports filling the entire first page of the search window I am a bit hesitant. Please I need good advice.

Answer:

creditwrench
I certainly would advise against contacting LBN in any way because judgments have a 5 year statute of limitations in Oklahoma. If there has been no collection activity for 5 years after the judgment as entered against you then there is no judgment against you. It is null and void and unenforceable. The fact of the lien may make that a different story but although I don't know what the length of time a lien can remain on a property may be in Oklahoma I think there is a limit on that too. You can do your research on Oklahoma liens here --
Oklahoma Statute on Liens

I would be very hesitant to label LBN as some websites may have done. They hardly fall under the scam classification regardless of what many of their victims may say about them. While indeed they are one of Oklahoma's most aggressive law firms that fact does not make them scam artists by any means.

You say you are trying to avoid foreclosure by selling the home before it happens? That isn't going to be easy to say the least. If you are going to get less than you owe out of the home then the lender isn't going to let the sale go through. Seems you have some real problems going on and you are going to need some real help if you can't pull out of the foreclosure situation by bringing the not up to date or working something out with the servicer.

Who is the purported lender in your case? The reason I say "purported" lender is that as you may well know by now is that the note may have been sold on the securities and exchange market.

You not only need to get busy trying to get those payments up to date or doing something but you also need to get up to speed on the mortgage meltdown situation and how that works.

The problem also is that while the proposed massive cash influx into the financial arena may shore things up for a while the crash that the politicians are currently trying to stave off isn't likely to work and the economy will crash no matter what they do. If the American economy crashes it will probably make such a huge impact on the entire world that other countries will also see their economies crash setting off a global depression the likes of which are almost unimaginable.

It also is not an economic crisis it is also a worldwide food shortage that confronts us at the same time. Although most don't understand the full scope of the world's problems today I think they will soon enough and the tasting of it will not be good for anybody.
I've been predicting the oncoming crash for the last two years now. The pinch was actually starting to be felt a year ago in July and maybe even before that. What congress is now proposing as a cure is nothing more than a small bandaid on a gaping wound. Secretary Henry Paulson recently stated that if they don't get this legislation passed in a hurry the situation will soon escalate to the point where companies cannot even pay their employees and will have to close their doors. I predict that is going to happen no matter what they do because it will become a chain reaction. Defaults on credit card debt and automobile loans are escalating rapidly as well. When it is all said and done there won't be enough money in all the world to contain the mess.

I know you don't want to hear that there may well be no escaping the foreclosure but I would start thinking in those terms while doing all you can to keep it from happening. I'd starto learning how to fight the foreclosure before it starts happening. As soon as it does you will start getting letters from scam artists telling you that they can save your home from foreclosure with their so called mortgage fraud programs and mythical attorneys who will go to court and fight for you. I know of most if not all of those scam artists here in Oklahoma. I'm working with some of the victims of those scams now.

What happens is that the scammers will have you sign a response to the summons and complaint that looks like it really ought to get the job done but is actually nothing but legal gobble-de-gook that will get you nowhere yet cost you another bundle of money. They will be talking about such foolish ideas as accord & satisfaction, contributory negligence, duress, Estoppel, Fraud, illegality, laches, waiver and regaling you with tales about how their mortgage fraud investigators will scrutinize your mortgage and find all the fraud and RESPA violations so you can sue the lender for those violations.

They may very well include a long list of interrogatories, demand for admissions and production of documents and the whole thing will look very legitimate. When the attorney returns with a laundry list of cut and past objections they may even be smart enough to file a motion to compel the plaintiff to comply with those demands but when the attorney comes back with an objection your scammer runs out of bullets to fire back with and suddenly they lose interest in your case and you are left hanging out to dry but the attorney is still full of fight.

The response that the scammers are now providing also include a laundry list of complaints that they file in a counter claim. Most of those counter claims might very well be valid complaints but the proper place to file them is not in local court as a counter claim but in a federal case against the lender. Local judges don't want to hear all that stuff because they are far to busy to go into the lengthy trials that would ensue if they paid them any attention. Their remedy is to simply dismiss your counter claims no matter how valid they may be and move on to give judgment to the plaintiff and you lose. Of course you lose your property and all the money you invested in that but you lose any money you paid the scammers as well.

The next problem you face is that since you didn't know how bad the scammer's supposed magical cure really is you also can't hire an attorney because you aren't equipped to know whether they are any better than the scammers plus they will cost you much more money than the scammers will. One is as bad as the other.

There is a good possibility that you will be facing LBN all over again or if not them then Baer, Timberlake & company. Between the two of them they probably do the majority of foreclosures in Oklahoma.

Of course, I don't know what county you live in but if you live in Oklahoma County I know most of the judges although not personally but I do know what they are like and how they treat defendants. Most are about as friendly as a pack of wolves on a dark and wintery night.

You might want to call in to my Friday night conference call which starts at 7:00 P.M. central time. The number for that is 712-432-1601 and the pin number is 508548#. You might also want to call in to my Monday night Radio talk show. The number for that is (914) 803-4464 The show starts at 10:00 P.M. central time.

AllExperts Answers - Sent Using Google Toolbar

2008-09-17T08:41:00.002-05:00

Process of hearing vs trial.
Question:	I haven't been served yet, but its coming any day. I can get on the internet and see the hearing is scheduled for October 15Th. Once I get served by the process server i will immediately file a graduated denial. The quesion I have is , When dO I ask for discovery?? I want to know how they came to the amount they say i owe, are they authorized to collec the debt, past invoices, etc etc etc. If I go to the hearing and deny the debt, can I then ask for Discovery or a trial at that time? Or is this first hearing the time where my fate is going to be sealed. I just dont want to show up and teh judge not allow me request the documents I deserve to see to validate the debt. Can I ask for a extension at this time? Thanks for your help.
Answer:	creditwrench Send all your discovery requests to the plaintiff's attorney at the same time you send your denial. The plaintiff's attorney will be likely to object to or deny or refuse to answer as many of your requests as possible. If they don't object, deny or refuse to answer any question or demand you might want to File a Motion to Compel and set it for hearing. Support your motion with a memorandum, showing why the judge should compel production. At the hearing ask the court to enter an Order Compelling Production, giving the other side a set period of time to respond. If the judge refuses to do that you might try to demand that the judge recuse himself/herself. If you do the judge is likely to deny that too. If so then ask for an in camera hearing on the recusal demand. That is likely to get denied too. If so you will have to move to the next steps in getting the judge recused. Getting a judge recused isn't all that hard to do but it does take time and know how. You must understand the process and follow all the steps, taking it to the appellate level if necessary. If they don't obey the second order, file a Motion for Contempt and set it for hearing. At the hearing, if your opponent has not yet produced what he was ordered to produce, the judge will probably have him jailed on the spot and kept in jail until the documents are produced. If he isn't jailed immediately, the judge may give him a few hours to comply before issuing an arrest warrant. The goal of every lawsuit is a judgment or other court orders that favor your cause. The power of a judge's pen to order civilian law enforcement officers to take your opponent into custody if he disobeys the court's orders is your power to win! You can make our American legal system work for you. Once you know how to play your cards the right way. The only real hurdle to getting your way is having the fortitude to stand up and say the right things at the right time and in the right way. Know the law and how to use it isn't rocket science. Anyone can do it. Anyone can also learn how to take the lawyer and his client to federal court and win there. Federal court is much less stressful because you will almost never have to actually see the inside of a federal courtroom. Most cases are handled over the internet, by phone or by email so it is much less stressful that way. RECOMMENDED READING Subscribe to Creditwrench mailing list. It is free and very informative. . See all my questions and how I answered them. Just enter your email address in the box below, choose whether you want individual emails or just a daily digest of all messages posted each day. You can unsubscribe any time you wish

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Dial-in Number: (712) 432-1601

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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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FDCPA

Before you go, stop and think about this. Its all about fighting poverty. Although we may go through our daily routines without realinzed it, the number of homeless people is growing rapidly. While many of the homeless have drug or alchol problems many are simply people who are homeless because of mortgage foreclosures and other financially related problems. I have armed you with a great deal of information about how to deal with debt collectors who can easily beat you out of your hard earned cash and make you the next victim of poverty. Help fight poverty (yours) by keeping your cash in your pocket. Creditwrench teaches you how to do exactly that.

2008-09-02T14:02:00.002-05:00

Do I have to attend court-ordered mediation sessions? I do not want to attend this mediation. Thanks
No, you don't have to attend the court ordered mediation. But failure to attend is likely to make you wish you had attended.

If you do attend you can refuse to mediate and take it to a judicial hearing. Of course, I'm sure you won't want to go to that hearing either so you can just not attend and let them get a judgment, garnish your wages, bank accounts or whatever else you might own that is legal for them to take under the federal and state laws. How would you like to wake up one day to the fact that you had just paid your bills and every check you wrote bounced causing a $25.00 or more service fee plus the bank charged you a hundred or so garnishment processing fee and you went to work only to find out that in the future you will be taking home 25% less money to pay all your bills with?

Now what do you want to do, go or not go? But as usual, that's not the rest of the story which is that almost no matter which path you choose to take the results are probably going to be the same. But a fork in the road don't always leave only two choices. Sometimes there are multiple paths to choose from and this is one of those road forks that has multiple paths going in different directions. One of them leads to a dead end dropoff into a deep canyon with a raging river at the bottom. Another leads to a similar fate and the third ends up on a sort of turntable something along the lines of those used in railroad yards to turn the trains around so they can make the return trip. But this turntable is a bit on the tricky side because you have to learn how to manipulate the levers and switches that make it work.

I've got to run to a meeting with a local student of mine here in Oklahoma City who lost his home to foreclosure the 8th of this month.
Now comes the Sheriff's sale and then the final confirmation hearing. Then they will evict him and throw all his belongings out on the curb if he don't do something to put a stop to it. He is pretty dejected and miserable at this point because his job is taking him out of town for the next month or so. What is he to do?

Never fear, Creditwrench is here. I've prepared his turntable for him and he will go jump on it today. The attorney for the plaintiff forgot at least one or more little details such as the fact that his wife never signed any papers whatever but they sued her too. That is called mis-joinder of the parties. She can file a motion to vacate based on that fact. Mis-joinder of the parties. That should easily get the judgment vacated. Lawyers just hate to get sued for having wrongfully mis-joined someone to a lawsuit. Usually ends up costing them a bundle of money when the injured party sues them for their little mistake. This one ought to be worth somewhere between $50 to $100 Thousand.

But the train isn't going to stop there. We have multiple causes of action under FDCPA, FCRA, TILA and RESPA as well. This train is going to federal court.

So what do you want to do now? Refuse to go or start learning how to operate your own personal turntable?

Here is where you can start learning

Creditwrench
Forum

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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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FDCPA
Before you go, stop and think about this. Its all about fighting poverty. Although we may go through our daily routines without realinzed it, the number of homeless people is growing rapidly. While many of the homeless have drug or alchol problems many are simply people who are homeless because of mortgage foreclosures and other financially related problems. I have armed you with a great deal of information about how to deal with debt collectors who can easily beat you out of your hard earned cash and make you the next victim of poverty. Help fight poverty (yours) by keeping your cash in your pocket. Creditwrench teaches you how to do exactly that.

This post is part of Blog Action Day 08 - Poverty

5 people chatting

Collections Law

2008-08-28T20:41:00.002-05:00

Collections Law

Subject: Physician payment

Question:

My daughter underwent surgery in January and I have been billed for the amount over the insurance coverage. I have paid one of the bills as I can afford, $200 here and $100 there. They are now threatening action against me. If I am attempting to pay the bill, can they turn the case over to collection agency?

Answer:

Yes, they can and they probably will.

You should probably hope they do and the quicker the better.

Don't make the mistake of paying or even admitting that you owe the bill. Don't even take a chance of resetting the statute of limitations that way. It started when you made your last payment to the hospital plus 30 days. It will stop tolling if and when they file a lawsuit to collect the money.

Here are your remedies or at least some of them.

First of all get yourself a good digital voice recorder and make sure it has a means of connecting it to your computer via the USB port.

Then get yourself a small black telephone recording controller from Radio Shack and be prepared to record all phone calls. Learn to record all calls. You can always erase those that you don't want to keep.

Be pepared to also make a written history of all calls to your home coming from the debt collector. Keep a record of the date, time, length of call, phone number showing up on caller I.D. and a short transcript of what was said.

When they call be certain that you tell them that you dispute the debt and demand that they validate the debt. Do it every time they call. Keep on demanding. Don't stop even though they try to tell you that the debt has already been validated. Often debt collectors will ask how you want them to validate the debt. The appropriate answer is "You are supposed to know how the debt must be validated. If you don't know go ask your boss and if your boss don't know either then you ought to go find a boss who does know."

Of course they will probably ask you if you are refusing to pay the debt or they will report you to the creditor as refusing to pay. Don't worry about it if they do.

As soon as you get their first dunning letter you should respond with a written demand for validation/dispute of the debt. Send it certified mail, return receipt requested. Their written demand for payment must be received by you within 5 days after their initial contact by any means including putting it on your credit reports.

Their initial contact letter must have a notice that you have 30 days to dispute the debt or any portion thereof. If it does not that is a violation of the FDCPA and is a valid cause of action against them in federal court.

There are many more violations that they can a maybe will commit and you should learn them all and keep careful records outlining each and every one. Your written record can become the history you will need to take them to federal court and sue them for those violations. Don't let that frighten you. It isn't all that difficult to do. You don't even need a lawyer to help you do it. Just learn how to do it yourself.

It is really the only hope you have to make them go away even if they end up getting a judgment against you.

The law was made to help you in the likely event that you are abused by a debt collector. The law is powerful and you can make it work for you. All you have to do is learn how and it isn't all that hard.

Bill Bauer
405-227-9423
405-684-9297 This number will change in a few days.
See my website at http://www.creditwrnech.com for much more information to help you.

Subscribe to Creditwrench

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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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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

If you click on the banner below and sign up you get $10.00 cash money just for signing up. It is another payment service just like Paypal but much better. Give it a try. You have nothing to lose and at least $10.00 to gain.

If you liked this article please consider a small donation to the author. You can sign up and get the $10 cash and use a buck or so to tip the author with. Costs you nothing that way.

FDCPA
Before you go, stop and think about this. Its all about fighting poverty. Although we may go through our daily routines without realinzed it, the number of homeless people is growing rapidly. While many of the homeless have drug or alchol problems many are simply people who are homeless because of mortgage foreclosures and other financially related problems. I have armed you with a great deal of information about how to deal with debt collectors who can easily beat you out of your hard earned cash and make you the next victim of poverty. Help fight poverty (yours) by keeping your cash in your pocket. Creditwrench teaches you how to do exactly that.

This post is part of Blog Action Day 08 - Poverty

3 people chatting

Chris:

Hey is any one thier

I had a simple question regarding the Discovery phase

8/26/08 11:20pm

me:

Yes, are you still there?

Anybody here?

Anybody here to chat?

jabbify users settings

U.S. Maagistrate Judge Bristow Marchant

2008-08-16T13:40:00.004-05:00

Debt Elimination

Question:

I'm sure you get this all the time - where does someone start if we just cant make ends meet anymore! I have all this debt and had to refinance my house to get out of an ARM Mortgage. We were looking into debt elimination, debt settlement and the "Brad Daley" program using the Assignment of Debt. From reading your post it looks like you use different methods -- I'd appreciate any input or direction you may have.

Answer:

I certainly do use different methods. I vehemently disagree with such scams as those you mentioned. The reason is that I do all the above and more without using any half-baked schemes. My method does debt elimination because it teaches how to determine whether or not the debt collector has violated federal law and how to take them to federal court and make them pay the debt in most cases. I say "in most cases" because if the consumer owes a huge debt and their violations are minimal then one cannot hope to wipe it all out.

My method teaches how to do debt settlement too and the description for debt settlement is exactly the same as above.

Assignment of debt is nothing more or less than a pure scam. You cannot assign your debt to anyone else. Some of those assignment scams have you incorporate your ALL CAPS NAME and assign your debts to your ALL CAPS NAME. Of course, your all caps name corporation is just as broke as you are. The all caps name is called your strawman. I sat through a couple of hours of talks given by some idiot telling us all about how great he thought that idea was. There is very little that could disgust me more than that nonsense because back in 2004 U.S. District Magistrate Judge Bristow Marchant heard a case before his court in which two dumbos filed a case trying to get the judge to overturn a case they had lost in their local court system. They signed their names in all caps and even put a copyright symbol after their names. Federal judges do not have the power to overturn state court judgments.

In his scathing decision Judge Marchant falsely accused me and a good friend of mine, Richard Cornforth, of teaching that garbage on the internet. I got wind of his decision and posted an article about it on my creditwrench blog. The article and a link to the actual decision is to be found at http://www.creditwrench.com/06-18-04.html I have never taught that kind of nonsense and I'm not about to forget being falsely accused anytime soon.

http://www.shrinkmylink.com/jwrqson
Bill Bauer
405-237-2174
405-227-9423

RECOMMENDED READING
Subscribe to Creditwrench mailing list. It is free and very informative. .
http://www.shrinkmylink.com/iomqson
Creditwrench 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

If you click on the banner below and sign up you get $10.00 cash money just for signing up. It is another payment service just like Paypal but much better. Give it a try. You have nothing to lose and at least $10.00 to gain.

If you liked this article please consider a small donation to the author. You can sign up and get the $10 cash and use a buck or so to tip the author with. Costs you nothing that way.

FDCPA
Creditwrench
debt elimination
debt eliminationtion
paypal
strawman
Before you go, stop and think about this. Its all about fighting poverty. Although we may go through our daily routines without realinzed it, the number of homeless people is growing rapidly. While many of the homeless have drug or alchol problems many are simply people who are homeless because of mortgage foreclosures and other financially related problems. I have armed you with a great deal of information about how to deal with debt collectors who can easily beat you out of your hard earned cash and make you the next victim of poverty. Help fight poverty (yours) by keeping your cash in your pocket. Creditwrench teaches you how to do exactly that.

This post is part of Blog Action Day 08 - Poverty

False and misleading information

2008-08-10T06:33:00.003-05:00

False and misleading information

Question:

In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane Katrina. This made us late on payments and the default rate drove us to send Citibank our reasons for foregoing payments and at that time offered to settle for 1/2 debt making payments.

We had other accounts that closed and took this type of arrangement but not Citibank. Since 2006 we have had multiple summons to the local Civil Court here in Ky. all from different lawyers in the same law firm. They have worked the debt from $4,6.00 to $8,000.00 plus. We could not afford that then and cannot now.

With each new lawyer from this same law firm I ask for debt validation and no debt validation has been rendered.(They send copies of statements and call it validation)

I certify my letters but this last time a lawyer did not respond at all, except to send a summons via regular mail. I wrote the court immediately that I received the letter regular mail, and when I went to the courts website the docket did not have the summons posted for hearing. So to prove I sent a validation request I sent it certified a SECOND time and wrote payment enclosed to try and receive my US postal service green card as proof they DID receive debt validation request.

Now I am facing the hearing, but I did send a request to dismiss based on Violation of FDCPA Section 809B. I have two years left on the statute of limitations and I have fought them tooth and nail. Can you tell me what to expect if I show up in court the date will be 8/18/2008. Thank you in advance for your reply

Answer:

First of all, your request to dismiss based on violation of FDCPA is going to get denied. FDCPA violations are never a valid cause of action for dismissal of a plaintiff's case. Won't ever happen. So forget that.

It is also not a valid response to the complaint, so what did you file as your response? If you filed no response then you need to do so as soon as possible.

You say you sent a second certified validation request. If the first was sent certified why would you need a second?

You say that statements are not validation? Exactly what do you think validation consists of?

You say that you have two years left on the Statute of Limitations? How do you know that? Where did you get that information? Yes, I am well aware that the statute of limitations in Kentucky is 5 years on open accounts but you may be using the wrong statute of limitations.

Seems to me that you have been exposed to and believed lots of false and misleading information. You need to get your act together very, very quickly or you will lose and get a garnishment against you.

You cannot normally defend and win. You must go on the offensive to do that.

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.
__________________
http://shrinkmylink.com/qlmqson Try this great new search engine!
This Sigline updates constantly! Try it!
Creditwrench - The lethal weapon against debt collectors
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(405) 237-2174- CALL ANYTIME
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(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME

Citibank
False and misleading information
FDCPA
validation
Katrina
Katrina
hurricane
creditwrench

How to contact paypal and ebay

2008-08-09T08:32:00.000-05:00

Here are over 450 pieces of internal email addresses and phone numbers to reach a real live human at Paypal/eBay. Anyone who has ever experienced Paypal unfairly freezing their funds, Paypal siding with someone who scammed them and losing money because of it, Paypal seizing funds from their bank account or credit card without permission, or just the simple impenetrable, rude, and useless customer service can surely appreciate this list. There's contact info for executive relations, high executives, practically every department, and more, both US and international. The information comes courtesy of Screw-Paypal.com, a site started by a man who says Paypal wrongfully denied access to his funds for four years. I guess that's how long it takes to track down every single piece of Paypal contact info. He got his money back eventually, and you can too, with the email addresses and phone numbers inside...

PayPal Phone Numbers: America & Canada

1-408-967-5033 (TOLL NUMBER) Michael Oldenburg, HE WANTS TO HEAR YOUR COMPLAINTS!
1-408- 376-7514 (TOLL FAX Number) Ryan Downs, Senior Vice President Operations, PayPal, Inc. and eBay Inc.
1-402-935-2050 (Toll Number)
1-888-215-5506 (Toll Free Number)
1-888-221-1161 (Toll Free Number)
1-408-376-7400 (Toll Number)
1-408-376-7514 (Toll Fax Number) PayPal, San Jose, General Fax #
1-650-864-8000 (Toll Number)
1-402-935-2284 (Toll Number — Banking and Check Issues)
1-402-935-2212 (Toll Number — ACH Processing & Check Services)
1-402-935-2255 (Toll Number — Account Review Department)
1-402-935-2257 (Toll Number — Account Review Department)
1-402-935-2223 (Toll Number — PayPal Compliance)
1-402-935-2250 (Toll Number — PayPal Compliance)
1-402-935-2000 (Toll Number — Customer Service Department)
1-402-935-2007 (Toll Number — Customer Service Department)
1-402-935-5181 (Toll Number — Debit Card Services)
1-402-935-2116 (Toll Number — Escalations Department)
1-402-935-2129 (Toll Number — Escalations Department)
1-402-935-2238 (Toll Number — Management, Escalations Department)
1-402-935-2239 (Toll Number — Fraud Prevention Department)
1-402-935-2251 (Toll Number — Manager, Resolutions Department)
1-650-251-1101 (Toll FAX Number — Never Fax w/o a Case Number!)
1-408-376-7514 (Toll FAX Number — Never Fax w/o a Case Number!)
1-408-967-1005 (Toll Number — Amanda Pires, PayPal Media Relations)
1-402-537-5755 (Toll FAX Number — PayPal Chargeback Department)
1-402-938-2337 (Toll FAX Number — Compliance Department)
1- 303-395-2802 (Toll FAX Number — Compliance Department)

PayPal Phone Numbers: America & Canada — Senior Agents

Should you have a PayPal problem that needs decision making authority, these are the persons you can contact directly. Each one of these persons has the power to review your account, unlimit your account or arrange for your money to be returned to you (among other things as well). PayPal Office of Executive Escalations:

1-402-952-8691 (Thomas, PayPal Executive Dying to Receive Your Call)
1-402-935-2238 (Tiffany Zaporowski, Strategic Risk Operations)
1-402-935-2116 (Elizabeth Morey, Supervisor, Executive Escalations)
1-402-952-8691 (Thomas, Senior Agent, Dying to Receive Your Call)
1-402-935-2172 (Adam Braasch, Senior Agent)
1-402-952-8902 (Gabriel, Agent, Executive Escalations)
1-402-935-2268 (Beth Beutler, Senior Agent)
1-402-935-5146 (Leslie Byrne, Senior Agent)
1-402-935-2399 (Janyce Erikson, Senior Agent)
1-402-935-5145 (Melody Fry, Senior Agent)
1-402-935-2174 (Jackie Hart, Senior Agent)
1-402-935-2229 (Michael Lazure, Senior Agent) *ACH/Wire Expert*
1-402-935-5163 (Rick Martin, Senior Agent)
1-402-935-5073 (Stephanie Mikovec, Senior Agent)
1-402-935-2157 (Megan Moore, Senior Agent) *WORKS WEEKENDS*
1-402-935-3533 (Peggy Pattavina, Senior Agent)
1-402-935-2331 (Tara Stevens, Senior Agent)
1-402-938-3532 (Megan Wetzel, Senior Agent)

PayPal Phone Numbers: United Kingdom

08707/ 307 191 (UK Calling Rates Apply)
0870/730-7191 (UK Calling Rates Apply)
0208/ 6053000 (Landline Phone Number)
020/8605 3001 (UK FAX — UK Calling Rates Apply)

PayPal Phone Numbers: Australia

(02) 8223 9500 (Australian Toll Rates Apply)
1800 073 263 (Toll Free Number)
(02) 8223 9555 (Fax Number Australia — AU Calling Rates Apply)
(02) 8223 9501 (Fax Number Australia — AU Calling Rates Apply)

PayPal Phone Numbers: Deutschland

0180/ 500 66 27 (14 Euro Cents Per Minute)
0870/730-7191 (Calling Fees Apply)
030-8019-5161 (PayPal/eBay Hauptquartier)
030-8019-5252 (FAX nummer PayPal/eBay Hauptquartier)

paypal.robert@ebay.de
paypal.nico@ebay.de
paypal.eva@ebay.de

PayPal Addresses America & Canada

PayPal President, Rajiv Dutta, 19700 Montauck Court, Saratoga, CA 95070 (Home Address)
PayPal Inc., 2211 North First Street, San Jose, CA 95131
PayPal Inc., 2145 Hamilton Avenue, San Jose, CA 95125
PayPal Inc., P.O. Box 45950, Omaha, NE 68145
PayPal Inc., 11128 John Galt BLVD, STE 300, Omaha, NE 68137
PayPal Inc., Legal Department, 2211 North First Street, San Jose, CA 95131
PayPal Inc., 701 First Avenue, Sunnyvale, CA 94089
PayPal Inc., 3000 Hanover Street, Palo Alto, CA 94304
PayPal Inc., 3404 E Harmony RD, Fort Collins, CO 80528
PayPal Inc., 18110 SE 34th Street, Vancouver, WA 98683

PayPal Addresses: United Kingdom

PayPal Europe Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, Surrey, TW9 1EJ
PayPal Europe S.a.r.l. & Cie, S.C.A., 5th Floor 22-24, Boulevard Royal L-2449, Luxembourg

eBay (UK) LTD,
P.O. Box 9473
Dublin 15
Ireland

PayPal Managing Director, David Graham Clarke, 3 Woodside Road, New Malton, Surrey, KT3 3AH

PayPal Addresses: Australia
PayPal, Locked Bag 10, ATTN: Error Resolution, Australia Square PO, Sydney, NSW 1215
PayPal, 19 1 York Street, Sydney New South Wales

ADDITIONAL NOTES: PayPal Australia Pty Limited is a registered Australian Company (ACN 111 195 389) and is subject to Australian law.

PayPal Addressen: Deutschland
PayPal Europe S.a.r.l. & Cie, S.C.A., 5th Floor 22-24, Boulevard Royal L-2449, Luxembourg
PayPal GmbH., Marktplatz 1, Europarc-Dreilinden, BerlinD-14532

PayPal-Kundenservice
Postfach 750263
60532 Frankfurt/Main

PayPal Email Addresses

Avoid using PayPal's automated email submission center — that email goes straight to New Delhi, India where you will get a prompt reply back that has nothing to do with what you asked in the first place. For faster results, email the following departments (where people with decision making authority can help you or not help you):

moldenburg@paypal.com (Michael Moldenburg, Paypal Complaints)
sthompson@paypal.com (Scott Thompson, PayPal President)
mhentges@paypal.com (Mary Hentges, CFO PayPal)
crme@paypal.com (PayPal Office of Executive Escalations)
appeal@paypal.com
harbor1@paypal.com
account-review@paypal.com
ppelce@paypal.com
cardreview@paypal.com
complaint-response@paypal.com
abuse@paypal.com
Europeanservices@paypal.com
resolutions@paypal.com
appeals@paypal.com
compliance@paypal.com
escalations@paypal.com
webform@paypal.com
service@paypal.com (Unmonitored)
spoof@paypal.com
complaints@paypal.com
aup@paypal.com
press@paypal.com (Let public relations know you are filing complaints)
apires@paypal.com (Amanda Pires — Media Relations Contact)
chargebackresponse@paypal.com
pending_reversal@paypal.com
global2@paypal.com
intl@paypal.com
ppe_courtesycredit@paypal.com
BoEappeal@paypal.com

Tip: Send your problem to EVERY PayPal email address that you can find, not just one. That way you have different people and different departments dealing with your problem.

eBay Contact Information America/Canada

1-800-322-9266 (eBay Customer Service Number — Toll Free America & Canada)
1-800-717-3229 (eBay Customer Serive Number — Toll Free America & Canada)
1-866-304-3229 (eBay Marketing — Toll Free America & Canada)
1-408- 376-7400(eBay General Phone Number — Toll Number)
1-408-376-7401 (eBay General FAX Number — Toll Number)
1-408-376-7419 (Gary Dellabo, ebay Strategic Partnership's Group — Toll Number)
1-408-376-7517 (eBay General FAX Number — Toll Number)
1-408-376-7205 (eBay Investor Relations, Tracey Ford — Toll Number)
1-408-376-7458 (eBay Media Relations, Hani Durzy — Toll Number)
1-801-545-2276 (eBay President, Direct Number Salt Lake City — Toll Number)
1-408- 376-7514 (TOLL FAX Number) Ryan Downs, Senior Vice President Operations, PayPal, Inc. and eBay Inc.
1-801-545-1853 (eBay Accounts, Christa, Accounts Specialist, Salt Lake City — Toll Number)

eBay Email Addresses

spoof@eBay.com (Report Spoof or Phishing Emails/Websites)
exec.relations@ebay.com (eBay Executive Relations)
matthewb@ebay.com ( Matthew J. Bannick, President, eBay International)
government_relations@ebay.com (eBay Government Relations Department)
billcobb@ebay.com (President, eBay North America)
paypal.robert@ebay.de
paypal.nico@ebay.de
paypal.eva@ebay.de
paypaldamon@ebay.com

eBay Address/eBay CEO Home Address

eBay Inc.
2145 Hamilton Avenue
San Jose, CA 95125
USA

eBay Contact Information United Kingdom

0700 500 3229 (eBay General Number — UK Calling Rates Apply)
020 8605 3111 (UK Power Seller's Help Line — UK Calling Rates Apply)
0906 665 8030 (eBay Customer Service — UK Calling Rates Apply)
0906 665 8030 (eBay Customer Service — UK Calling Rates Apply)

eBay Address UK

eBay UK Ltd, Complaints Department
PO Box 659, Richmond-upon-Thames
Surrey, TW9 1TX

eBay (UK) LTD,
P.O. Box 9473
Dublin 15
Ireland

PayPal Buyer Credit 866-571-3012 Say "agent" at each prompt, ignoring messages.
PayPal F 888-221-1161 Press 0 at each prompt, ignoring messages.

300 other internal numbers that might get you what you're looking for...

(402)935-2114 Kay P. ACH / Check Service
(402)935-2212 ACH Processing Main Line ACH / Check Services
(402)935-2284 cindy ACH / Check Services Processing / Bank Only
(402)935-2295 Chuck ACH / Check Services Processing Manager
(402)935-2255 Jasmine Account Review
(402)935-2256 Jamie Account Review
(402)935-2257 Jamie Account Review
(402)935-2328 Chris Account Review
(402)935-2333 Luke Account Review
(402)935-2114 Kay P. ACH / Check Services
(402)935-2212 ACH Processing Main Line ACH / Check Services
(402)935-2284 cindy ACH / Check Services Processing / Bank Only
(402)935-2295 Chuck ACH / Check Services Processing Manager
(402)935-2223 Sheryl AUP Compliance
(402)935-2250 Katrina AUP Compliance
(402)935-2275 Lisa AUP Compliance
(402)935-2332 Julie Gonzales AUP Compliance
(402)935-5140 Alahandre Elise(?) AUP Compliance
(402)935-2029 Todd Business Development
(402)935-5126 Shane Business Development Schedule: 8:30~5PM M-F
(402)935-5197 Ken Holston Business Development Business Management & Account Management
(402)935-2000 Call Center Inbound Call Center
(402)935-2007 Call Center Inbound Line Call Center
(402)935-2012 Call Center Inbound Call Center
(402)935-2011 Call Center Inbound Call Center
(402)935-2014 Call Center Inbound Call Center
(402)935-2017 Call Center Inbound: Debit Cards Call Center
(402)935-2019 Call Center Inbound Call Center
(402)935-2021 Call Center Inbound Call Center
(402)935-2022 Call Center Inbound Call Center
(402)935-2023 Call Center Inbound Call Center
(402)935-2024 Call Center Inbound Call Center
(402)935-2025 Call Center Inbound Call Center
(402)935-2030 Call Center Inbound Call Center
(402)935-2050 Call Center Inbound Call Center
(402)935-2053 Call Center Inbound: Premier Services Call Center
(402)935-2057 Call Center Inbound Call Center
(402)935-2065 Call Center Inbound Call Center
(402)935-2079 Call Center Inbound Call Center
(402)935-2080 Call Center Inbound Call Center
(402)935-2081 Call Center Inbound Call Center
(402)935-2082 Premier Service Line Call Center
(402)935-2084 Call Center Inbound Call Center
(402)935-2085 Call Center Inbound Call Center
(402)935-2092 Call Center Inbound Call Center
(402)935-2100 Call Center Inbound Call Center Premier Services Line
(402)935-2106 Call Center Inbound Call Center Premier Services Line
(402)935-2107 Call Center Inbound Call Center
(402)935-2124 Call Center Inbound Call Center
(402)935-2148 Call Center Inbound Call Center
(402)935-2166 Call Center Inbound Call Center
(402)935-2194 Call Center Inbound Call Center
(402)935-2233 Call Center Inbound Call Center
(402)935-2300 Call Center Inbound Call Center
(402)935-2323 Call Center Inbound Call Center
(402)935-5119 Call Center Inbound Call Center
(402)935-2165 Jessica Card Services
(402)935-2396 Tamara Spurlock Card Services
(402)935-5181 Lisa Weaver Card Services Debit Card Team
(402)935-2015 Teresa Rains Charge Backs
(402)935-2141 Mikalea Charge Backs
(402)935-2152 Anna Charge Backs
(402)935-2189 Margaret Charge Backs
(402)935-2340 Debbie Charge Backs
(402)935-2063 Taj Education Team Product Education
(402)935-2064 Dona Education Team
(402)935-2116 Elizabeth Executive Escalations Works closely w/Tiffany(detp.mgr). Very Responsive.
(402)935-2129 Joe Executive Escalations
(402)935-2156 Brian Executive Escalations
(402)935-2157 Megan Executive Escalations
(402)935-2172 Adam Executive Escalations
(402)935-2173 John Executive Escalations
(402)935-2174 Jackie Executive Escalations
(402)935-2192 Eric Executive Escalations
(402)935-2128 Stacy Executive Escalations
(402)935-2228 Stacy Executive Escalations
(402)935-2238 Tiffany Executive Escalations Manager of Executive Escalations.
(402)935-2268 Beth Executive Escalations
(402)935-2269 Michelle Executive Escalations Schedule: Tues~Thur 9:30AM~8PM
(402)935-2334 Luke Executive Escalations
(402)935-5145 Melanie Executive Escalations Schedule: M-F 4PM~Mid. CST
(402)935-5146 Leslie Executive Escalations
(402)935-5163 Rick Martin Executive Escalations
(402)935-2112 Gloria Finance
(402)935-2207 Jeremy Finance
(402)935-2371 Julie Finance
(402)935-2239 Collin Fraud & Security Fraud Prevention
(402)935-2267 Mark Fraud & Security Trust & Safety
(402)935-2272 Michael Fraud & Security Protection Services
(402)935-2366 Suzanne Combes Brown Fraud & Security Risk Management Manager
(402)935-2368 Sheryl London Fraud & Security Protection Services: Senior Agent
(402)935-5134 Bill Gray Fraud & Security Internal Audit. Mountain View Office: 650-864-8046
(402)935-2044 Paula Adams Global Services Global Help Desk
(402)935-2127 Amy Bush Global Services
(402)935-2048 Joyce Brown Human Resources Training Department
(402)935-2051 Melanie Human Resources Training Department
(402)935-2128 Michelle Human Resources HR/Benefits Coordinator
(402)935-2169 Sterling Blackwell Human Resources Employee Development
(402)935-2283 Amy Human Resources Staffing
(402)935-2318 John Latke Human Resources Training Department
(402)935-2339 Michelle Mullis Human Resources
(402)935-5128 Michelle Human Resources Benefits Coordinator
(402)935-2001 IVR Testing Line Internal / IT Tests voice recognition, play around.
(402)935-2004 IVR Testing Line Internal / IT Tests voice recognition, etc.. play around
(402)935-2026 Password Prompt (?) Internal / IT Line immediately prompts for password. Unsure of it's use.
(402)935-2032 Employee Attendance Line Internal / IT (try user: 1234 pass:1234, works to play around with)
(402)935-2069 ECS System Testing Internal / IT Play around, not sure of purpose.
(402)935-2299 Internal Software Helpdesk Internal / IT
(402)935-5100 Employee Attendance Line Internal / IT (user: 1234 / pass: 1234 to play around)
(402)935-5151 Hold Music / Advertisement Internal / IT Test Line for Hold Music ?
(402)935-5149 Monitoring Line? Internal / IT
(402)935-5168 Monitoring Line Internal / IT
(402)935-5184 Gene (or Steve) Internal / IT Technical Support Manager
(402)935-5199 Call Center Status Line Internal / IT This ext. will place the call center in Emergency or Normal state.
(402)935-2274 Matthew Member Services Member Services Supervisor
(402)935-2321 Michelle Member Services Supervisor (Sat/Sun/Mon 11A~Mid)
(402)935-2357 Terry Dale Member Services
(402)935-5161 Tim Loban Merchant Fraud & Risk Weekend Supervisor (Sat/Sun/Mon 11AM~Mid)
(402)935-5169 Alicia Merchant Fraud & Risk
(402)935-2074 Tammy Galvin Quality Development
(402)935-2226 Jenny Quality Development
(402)935-2034 Janie Bartlett Resolution Services
(402)935-2132 Bryant Resolution Services Team Leader
(402)935-2241 Lynn Vogue Resolution Services
(402)935-2251 Mike McCormick Resolution Services Resolution Services Supervisor
(402)935-2266 Rich H. Resolution Services
(402)935-2353 Lorie Kilstrom Resolution Services
(402)935-5120 Tim Underlow Resolution Services Product Education Trainer for Resolution Services
(402)935-5141 Resolutions Department Line Resolution Services
(402)935-2218 Douglas H. Security
(402)935-5172 Michell Security
(402)935-2002 April Garner Unknown
(402)935-2005 Adonocca Banks Unknown
(402)935-2010 Nick Unknown
(402)935-2013 Pat Unknown
(402)935-2018 Vicki Hernandez Unknown
(402)935-2020 Mary Jo Unknown
(402)935-2028 Megan Unknown
(402)935-2039 Jeff Hagan Unknown
(402)935-2040 Mary Steeley Unknown
(402)935-2041 Michelle Parkins Unknown
(402)935-2049 Jason Finer Unknown
(402)935-2052 Eduardo(?) Unknown
(402)935-2054 Tonya Unknown
(402)935-2055 John Freeze Unknown
(402)935-2061 Rick Unknown
(402)935-2062 Nick Unknown
(402)935-2066 Michelle Unknown
(402)935-2073 Kelly Shipley Unknown
(402)935-2086 Jeff Allen Unknown
(402)935-2087 Patience Unknown
(402)935-2091 Dawn Mouski Unknown
(402)935-2095 Steve Unknown
(402)935-2098 Dona Shong Unknown
(402)935-2099 Shelly Unknown
(402)935-2101 John Unknown
(402)935-2103 Latrisha Harris Unknown
(402)935-2104 Lisa Hughes Unknown
(402)935-2110 Amy Lescott Unknown
(402)935-2113 Kelly Unknown
(402)935-2115 Maggie Mentato Unknown
(402)935-2118 Paul Ingles Unknown
(402)935-2119 Stacy Price Unknown
(402)935-2123 Kelly Unknown
(402)935-2125 Koreen Unknown
(402)935-2126 Michelle Unknown
(402)935-2134 Cindy Langstrom Unknown
(402)935-2136 Lynette Lane Unknown
(402)935-2138 Kim Unknown
(402)935-2142 Kimberly Unknown
(402)935-2149 Mark Rosenthal Unknown
(402)935-2150 Eddie Unknown
(402)935-2154 Charles Unknown
(402)935-2158 Bill Unknown
(402)935-2168 Peggy Unknown
(402)935-2170 Deb Myer Unknown Schedule: M-F 8AM~4:30PM
(402)935-2171 Trish Unknown
(402)935-2175 Zack Unknown
(402)935-2178 Lashaun Unknown
(402)935-2179 Beth Unknown
(402)935-2181 Valerie Dasante Unknown
(402)935-2182 Erin Crain Unknown
(402)935-2183 Frank Unknown
(402)935-2184 Kevin Armstrong Unknown
(402)935-2186 Emily Heldridge Unknown
(402)935-2187 Erin Unknown
(402)935-2188 Lamay Unknown
(402)935-2201 Ray Unknown
(402)935-2203 Sherry Unknown
(402)935-2204 Lisa Thompson Unknown
(402)935-2205 Kimberly Unknown
(402)935-2206 Osma Unknown
(402)935-2216 Tracy Unknown
(402)935-2217 Shaun Unknown
(402)935-2224 Meliss Unknown
(402)935-2225 Jim Unknown
(402)935-2227 Eric Harrison Unknown
(402)935-2129 Name not known Unknown
(402)935-2229 unknown Unknown
(402)935-2230 Mark Peterson Unknown
(402)935-2234 Dave Unknown
(402)935-2236 Brock Unknown
(402)935-2237 Shaun Unknown
(402)935-2240 Angie Anderson Unknown
(402)935-2244 Julie Gonzales Unknown
(402)935-2246 Sally Unknown
(402)935-2253 Deb Unknown
(402)935-2254 Ellie Unknown Number changed to 935-1835, per voicemail.
(402)935-2259 Tereasa Unknown
(402)935-2264 Eric Unknown
(402)935-2265 Doug H. Unknown
(402)935-2271 Cynthia Unknown
(402)935-2273 Leslie Walker Unknown
(402)935-2276 Heather Johnson Unknown
(402)935-2281 Jason Alexander Unknown
(402)935-2288 David Unknown
(402)935-2291 John Unknown
(402)935-2298 Chris Unknown
(402)935-2302 Jim Norway Unknown Call was forwarded to a Nextel Phone Afterhours (management?)
(402)935-2305 Amanda Unknown
(402)935-2308 Cathy Unknown
(402)935-2316 Laurie Unknown
(402)935-2317 Jason Unknown
(402)935-2322 Jamie Swanson Unknown
(402)935-2324 Jessica Carasoul Unknown
(402)935-2335 Steve Unknown
(402)935-2336 Marissa Unknown
(402)935-2341 Laurie Unknown
(402)935-2342 Torrence Unknown
(402)935-2349 Karen Unknown
(402)935-2350 Beverly Unknown
(402)935-2351 Karen Lovette Unknown
(402)935-2358 John Kimmee Unknown
(402)935-2363 Claire Shumiker Unknown
(402)935-2364 Mary Viella Unknown
(402)935-2365 Frank Unknown
(402)935-2367 Mary OBrien Unknown
(402)935-2369 Kelly Carson Unknown
(402)935-2370 unknown Unknown person answered, unsure, will recheck later.
(402)935-2372 Bob Miles Unknown
(402)935-2375 Renee Unknown Schedule: Tues~Fri 1:30PM~Mid.
(402)935-2376 Foreign Speaking Employee Unknown Foreign Employee.. anyone identify language ?
(402)935-2377 David B. Unknown
(402)935-2381 Tina Unknown
(402)935-2386 Cameron Unknown
(402)935-2387 Cindy Unknown
(402)935-2391 Alisha Rhea Unknown
(402)935-2392 Cindy Kathork Unknown
(402)935-2393 Andres Unknown
(402)935-2394 Robin Unknown
(402)935-2395 Jim Unknown
(402)935-2397 Mark Davis Unknown
(402)935-2399 Janice Erickson Unknown Schedule: M-F 6AM~2:30PM
(402)935-5103 Nicole Unknown
(402)935-5105 Natalie Unknown
(402)935-5106 Angie Unknown
(402)935-5108 Gene Unknown
(402)935-5111 Doug Maxum Unknown
(402)935-5113 Becky Unknown
(402)935-5115 Carrie Unknown
(402)935-5116 Paula Baldwin Unknown
(402)935-5117 Dave Burchill Unknown
(402)935-5121 Andy J. Unknown
(402)935-5123 Micheal Jones Unknown
(402)935-5129 Marlow Rumington Unknown
(402)935-5133 Jeanette Unknown
(402)935-5136 Quincy Unknown
(402)935-5138 Terrell Anderson Unknown
(402)935-5144 Lisa L. Unknown
(402)935-5147 Evan McCaul Unknown
(402)935-5152 Jessica Palamino Unknown
(402)935-5156 Steve Unknown
(402)935-5164 Tonya Lynn Unknown
(402)935-5165 Devon Unknown
(402)935-5171 Carrol Unknown
(402)935-5175 Cindy Unknown
(402)935-5148 Jeff Lonka Unknown Admin maybe (msg says if urgent, call: 402-490-9749)
(402)935-5176 Sheila Unknown
(402)935-5178 Unknown Employee Unknown
(402)935-5179 Tim Maxwell Unknown
(402)935-5185 Rich Unknown
(402)935-5186 Jerry Lowe (female) Unknown
(402)935-5187 Brian G. Unknown Voicemail says w/Ebay
(402)935-5189 Brian Unknown
(402)935-5192 Christian Reese Unknown
(402)935-5194 Reese Unknown
(402)935-5195 Angie Unknown
(402)935-5196 Scott Unknown

Source: Screw-Paypal.com (Thanks to L!)

(Photo: Getty, Travelin' Librarian)

*
*

Here we are again, my own spoils from an EECB that weren't in this list:

"Lieberman, Usher" ulieberman@ebay.com
Sr. Manager Corporate Communications

"Vergara, Mike" mvergara@paypal.com
Senior Direct, Accounts Protection

"Friedberg, Larry" lfriedberg@paypal.com
Senior manager of Brand Marketing and Security

"Canfield, John" jcanfield@ebay.com
Senior Director for Trust & Safety policy management

"Wong, Catherine" cwong@paypal.com
Senior Product Manager, Merchant Services

"Barrett, Michael" mbarrett@paypal.com
Chief Information Security Officer

"Omidyar, Pierre" pierre@ebay.com
Chairman

"Donahoe, John" john@ebay.com
President, ebay marketplace

"Dutta, Rajiv" rajiv@ebay.com
President, Paypal

"Thompson, Scott" scott@paypal.com
Senior Vice President and Chief Technology Officer

"Livnat, Sarah" slivnat@paypal.com
Paypal Risk management

"Rule, Colin" crule@paypal.com
???

"Office of the President" csme@ebay.com

PS: The PayPal and eBay official blogs are REALLY good places to gather names from ...

car repossession

2008-08-04T14:52:00.000-05:00

Car Repossesion

Question:

I voluntarily turned in my car at the dealership. While in their possession the car was in an accident. Do I have any means of legally disputing the balance owed on the car reflected when they auction the car?

Answer:

The fact of the vehicle having been in an accident would not make a difference on the total amount owed but it would or at least might make a big difference on what the vehicle brings. Repoed vehicles are sold at auction and many dealers have detectors that will detect the thickness of the paint on a vehicle. They take these detectors and run them over the entire body before the sale and they can tell immediately whether the vehicle has ever been in an accident or not no matter how good the repair job was. Of course that will make a difference in what the car will bring. Or if they didn't bother to repair it but sent it over the block as is. Then it would bring almost nothing.

And when you look at it that way it would make a difference in what the final balance will be. If they just hauled it over the block as is then you would have a cause of action against the dealer to recover whatever damages you might suffer as a result. You could use carfacts.com to see who bought the vehicle and maybe whether or not it had been in an accident. You could also check to see if you can find any accident reports on that vehicle. There are several ways to discover what the vehicle brought at auction and what condition the vehicle was in when sold. You could even demand information about the sale from the auction house.

There are many other actions to consider as well that you didn't mention in your question.

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

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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!
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(405) 684-9297- CALL ANYTIME
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(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME

Sued

2008-08-02T09:16:00.000-05:00

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).

IRS

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.

Capital One

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.

judgment

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.

judgemnet

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.

bankruptcy

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.

credit card

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.

consumers
lawyers

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.

Cambece Law Firm

2008-07-25T09:48:00.000-05:00

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.
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.

This article is published as a knol in the Google data base of knols.
A knol by Creditwrench CEO Bill Bauer

knol

Collections on medical bill

2008-07-24T12:19:00.001-05:00

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.

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.

__________________
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

2008-07-24T08:30:00.000-05:00

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

Bankruptcy?

2008-07-23T14:44:00.000-05:00

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.

Civil summons. What should I do?

2008-07-23T08:01:00.000-05:00

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.