Do I just Default?Question: 30 K to Chase. Divorced 2 years ago and had
about 15 k outstanding after I absorbed all the debt in the divorce.
Had just bought house with ex-wife and it’s sat, empty, on the market
this entire time. I have a decent job, but was laid off prior to
getting it for a while.I was over my credit limit (by a 100 bucks or
so) the last couple months. And several months ago was a few days late
on a payment. They hiked my interest to 29%. They wont work with me,
though I could pay as agreed before.What are my options. I believe max
garnishment in MO is 10% and I have no assets (little equity in
unsellable home). Would my money be better spent with a lawyer? I see
no chance of chase even talking to me and I’m not gonna be able to get
back under my credit line ($1300). Also have decided to forclose on my
house as that was another $1000/mth. What a mess…Answer: When it
comes to debt related problems lawyers are most often a waste of money
if you can even find one willing to take your case. Here is why. First
and maybe foremost is that debtors normally don’t have a viable defense
and lawyers don’t like to take cases that are almost indefensible. If
you owe a creditor or a debt collector money there isn’t any reason
that most judges will accept for failing to pay your creditors what you
owe.While judges do realize that people run into financial difficulties
their thinking is that when you can’t pay your debts your only recourse
is to run to the bankruptcy courts to absolve yourself of your debts.
As is usually the case when government is asked to resolve a problem
they end up creating more problems as a result.Bankruptcy only creates
more problems and is quite expensive. There are no free rides even if
you are dead broke and worse. Bankruptcy is no exception. Yet, sadly,
people are rushing to bankruptcy in ever increasing numbers.So what is
the answer to lawyers who can’t or won’t help and bankruptcy courts?The
answer is to learn how to defend without lawyers but once you do that
and lose a few cases in local courts no matter how well you have
learned or how well you have prepared your defenses your back is
against the wall and now you think you should have either hired a
lawyer or filed bankruptcy and it would have been all taken care of by
now without all the fight. So why did you lose even though you thought
you were sure to win?Maybe you are like a personal friend of mine named
Gene. He and I are going to court this afternoon because he has a solid
reputation of winning in various courts in other types of cases. He is
a well respected member of Richard Cornforth’s local J-accuse group
here in OKC. That’s how I met Gene a few years back.Gene has an
unbeatable defense that Judge Croy can’t deny. We believe that Gene
can’t possibly lose but the real truth is that although Judge Croy is
an outstandingly fair judge and treats Pro Se litigants with respect
and dignity and gives them a fair hearing, rules on the merits of the
case as it is presented by both parties Gene still could lose.The
reason is that instead of properly presenting his supposedly unbeatable
defense then moving on to other arguments if need be he wants to argue
that he wasn’t properly served because they didn’t personally hand him
the summons but rather served another person who was not a member of
the household but was just visiting. Gene might win on that one because
the visitor was a famous private investigator and told the process
server that he was just a visitor but the server would not believe him.
Gene should forget his outrage about that and concentrate on his
unbeatable defense.Gene also wants to argue that they failed to
validate the debt even though he demanded it and committed other
violations but I’ve told him time and time again that Judge Croy won’t
listen to those kinds of arguments. I know. I’ve sat in his court room
and watched him ignore those complaints several times. So Gene may or
may not win depending on how he argues his case today. I’m almost
willing to bet money he argues the wrong thing and loses and that’s why
I am going to go listen to the hearing today.So if he loses today what
is he to do? Just what I’m going to tell you to do. He has good proof
that they have committed several violations of federal law and if he
uses the proof he has and presents his federal case properly he will
win and not only force them to vacate the judgment they got in local
court but take the debt off his credit reports and pay him for his
expenses, time and troubleand damages as well. He should have done that
as soon as they filed a case on him in local court instead of trying to
come up with a bunch of arguments that are surefire losers.Gene has
kept careful records of all phone calls, has them recorded and his
history all written up so he can take them to court. He used my 18
questions to ask debt collectors every time they call to rack up more
violations and end up stopping them from harassing him on the phone. 18
questions He quickly reduced them to the point that they call him every
few days, ask him his name and hang up immediately without saying
another word. Each time they do that is another violation in his bag of
ammo to use against them in federal court.So that is what you need to
do. Keep careful records, learn how to deal with debt collectors both
on the phone and off and what are all the possible violations they
might commit. Do nothing more until such time as they take you to court
then file a federal case against the debt collector, prepare your
defense using what you have learned and then once the case is over and
you know whether you have won or lost sue both the plaintiff (if
possible) and their lawyer in federal court. Turn the tables on them
and make them pay you. It isn’t hard to do.So how would you like to get
started learning right now for free? All you have to do is send me an
email at with the words SUBSCRIBE ME in the subject line and I’ll send
you an invite to get my newsletter which will give you a big head start
towards getting rid of your problems without hiring lawyers or filing
bankruptcy.Bill Bauer405-684-9297405-227-9423Make 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/qlmqsonRECOMMENDED READINGSubscribe
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List of community property statesHow to answer a
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STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE
CALLS.http://www.creditwrench.tv/MIKEJM-06-27-08.mp3http://www.shrinkmylink.com/uimqson
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Mark in Rhode Island gets settlement offerStatute of Limitations for
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find.http://tinyurl.com/3lqxawThe Creditwrench conference calls will
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Posted By Creditwrench to creditwrench at 7/31/2008 05:53:00 AM