Re: Sent request for Debt Validation and this is what i got… Most
judges at both the federal and state levels would most likely rule that
what they sent you was sufficient to comply with the requirements of
FDCPA. However, in Fields v. Wilburlawfirm Judge Kenneth Minh of the
7th Circuit Court of Appeals disagreed. The case has become somewhat of
a landmark decision in that at least 35 attorneys have referenced the
case in their motions and briefs.But what about the agreement you have
with the credit card company? You should try to make them produce that
or at least a readable copy certified by the maker to be a true and
correct copy of the original. While on the surface of the matter that
may not seem important and you may or may not be able to force them to
produce such a copy even though you use Duces Tecum.Getting a copy of
the agreement can be vitally important to winning in court in many
cases. There are always terms and conditions that may be useful to you
so you should make every effort to make sure the court backs you up on
your demands for production of that document.Also, when you go to court
make certain that you have previously arranged with the clerk of the
court to have a court reporter present and taking notes unless the
court provides that service for you through audio or video transcripts.
Never go to court without a transcription being available.Now let’s
move on to your canned validation letter. Quote: Provide me with copies
of any papers that show I agreed to pay what you say I owe; While it
may not hurt to ask for the above I find no place in FDCPA that says
they have to provide that to you as a part of validation Quote: Prove
the Statute of Limitations has not expired on this account Nowhere in
FDCPA does it state that debt collectors are required to prove that the
statute of limitations has not expired. Demanding it is rather silly
because if the case goes to court and you plead a statute of
limitations defense you will have to prove that it has indeed ran out
on them. The only way to hopefully make them prove they filed timely is
through use of your 5 discovery tools. Quote: Show me that you are
licensed to collect in my stateProvide me with your license numbers and
Registered Agent None of that is required under FDCPA either. Canned
validation letters found on the internet make their users look stupid.
One should never use them in a useless attempt to teach the other
fellow how smart the debtor is. Never attempt to teach the other fellow
how smart you are. The whole point is to learn how smart they are, not
teach them how smart you are. The less you say the better off you
are.Many of the letters one finds on the internet also use the
phrase “cease & desist” in one way or another. It is an attempt to
create a partial cease & desist but use of that phrase in any way is
patently stupid because nowhere in FDCPA is there any provision for a
partial cease & desist. It is all or nothing and use of the phrase can
easily be turned into disasterous results for the sender. FDCPA clearly
provides for use of another phrase that accomplshes the desired results
without those 3 possibly fatal to your case words. You should never
accept anything that anyone says (including me) as being the truth, the
whole truth and nothing but the truth without doing your homework and
thoroughly checking it out for yourself. Blindly accepting things you
see on the internet and blindly accepting the truth of the statements
based on how logical they seem can and probably will be used against
you in a court of law sooner or later. Use what people tell you on the
internet as a starting point for your investigations and nothing
more.Don’t even trust what lawyers and judges tell you as being true
and correct. They are only human beings and are often wrong in what
they say. If you doubt the veracity of that statement just ask a judge
the wrong question and you will get the right answer to the wrong
question every time.
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
Subscribe to Creditwrench Email:

↑ Grab this Headline Animator
- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://ping.fm/nlSn8
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON
OUR FRIDAY NIGHT CONFERENCE CALLS.
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- Listen to this student tell how he got $10,000 from a federal case
against Capital One
- http://ping.fm/UuMku
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files. Makes them easy
to find.
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://ping.fm/uytUl to get answers to questions you need
answered before next Friday night. __________________Try this great new
search engine! It pays you cash money for every search you do!How about
a search engine on steroids? It acts like an RSS feed for most other
search engines. Between these two you shouldn’t ever need anything
else. Use these two for all your searches. You will be glad you
did.Addictomatic Search engineThis 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.FDCPABefore 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 1 person 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?
8/27/08 10:44pm
Anybody here?

Anybody here to chat?
8/28/08 8:45pm Erin:
Anybody here?
8/28/08 11:34pm Lauren:
Hello?

Anybody online?
8/30/08 3:02am me:
If you want to chat call me at (405) 237-2174 or (405) 227-9423 and
I’ll be glad to talk to you anytime including Saturdays, Sundays and
Holidatys.
error jabbify users settings

–
Posted By Creditwrench to creditwrench at 8/31/2008 01:17:00 PM

RSSRSS stands for Really Simple SyndicationRSS is still largely unused
by the majority of the world’s netizens because they simply haven’t
been taught how usefull it is or how to use it. But the truth is that
it is not only really simple to use but it has the great benefit of
allowing people to gather and read huge volumes of information very
rapidly through the use of what are widely known as aggregators which
are more commonly known as feed readers.AggregatorsAggregators come in
many types and are usually available for free. Google Reader is just
one of several that Google has in it’s basket of goodies. Another good
one is Amphetadesk which has been around for a very long time now. The
Creditwrench message board is another type of feed reader.It features a
diversity of feeds from attorneys who are bloggers and talk about a
variety of legal topics for your reading pleasure and brings you up to
the minute information you might not ever find out about just surfing
in traditional ways. Each feed is monitored by Bill Bauer who is the
CEO of Creditwrench.Another form of feed reader is Mozilla’s
Thunderbird which is primarily an Email ready. It lets you gather email
from all your email clients such as Gmail, hotmail, yahoo, MSN or just
about anywhere and brings them all into on reader so you can keep on
top of all your emails easily instead of having to log in to each of
them separately. It also lets you view the headlines from a great many
RSS feeds so you can keep your finger on the pulse of whatever topics
that interest you.I carry the feeds from well over 100 different
sources and can get through the headlines in about half an hour most
days. I was cecking my feeds this morning and noticed a feed that had
an article from a blog known as “The Simple Dollar” in which the author
made the following comments:”I get asked to review all sorts of crazy
personal finance books, plans, programs, and schemes all the time,
ranging from the reasonable to the completely outlandish.For the most
part, all of these programs share more or less the same content. Get
your spending under control, call up your creditors and negotiate lower
rates (or in some cases a balance reduction), adopt a very strong debt
repayment plan, and kick it in the teeth.A few of the programs involve
some legal manuevering in which you attempt to buy your bad debt from
the creditor (and then obviously dismiss it), but the legal
gamesmanship there is murky, dealing with legal nuances that are far
from clearly explained.This is the meat and potatoes of personal
finance, and it’s pretty much true across the board. Spend less than
you earn and get rid of bad debt and plan for the future. Most of it
boils down to nuances of those two statements – earn more, spend less,
pay off debt, invest, and so on.In truth, the big difference between
most personal finance books, programs, and other materials is in how
they’re packaged. Dave Ramsey’s stuff is packaged in the guise of a
straight-talking Christian. Suze Orman paints the picture of a
successful career woman dispensing this advice. Jim Cramer plays the
role of exciting enthusiast. David Bach plays the role of the “friendly
teacher” who tries to make something complicated into something
simple.And you also have the people that use other methods to convince
you. Kevin Trudeau, for instance, plays the role of the insider who is
letting you in on “secrets” (often making over the top and potentially
false claims along the way) – and that appeals to some people.Here’s
the truth: almost all of these programs work. They all deliver most of
the same information, they all agree on the basic principles, and they
all offer a program that will get you into a better financial place.The
only real difference between most of them is in minor details – and in
how they’re presented. That’s really it – the little details and the
presentation.”So there you have it in a nutshell. They are nothing but
tired old hacks who in reality have no better solutions to your debt
related problems than telling you to take an old cold tater and wait.
They have absolutely nothing to offer those who are deeply in debt for
whatever reason, plagued by debt collectors, lawyers, judgments and
garnishments.Even the wealthy cannot escape the immense burden imposed
by the hordes of debt collection locusts that swarm upon our society
much like the plagues of locusts of Biblical times eating up all the
available greenery they can lay hold of because they are heavily taxed
to help pay for the high cost of maintaining our massive court
sytems.All the babblings of such as Ramsey, Orman and their kindred do
nothing at all to help the ever growing segment of our population who
cannot for whatever reason pay their just debts.Yet those whose need
for help is the greatest are led like sheep to the slaughter houses
better known as our court systems not the least of which are our
bankruptcy courts where the final shearing of the sheeple is
completed.Is it any wonder that people are universally so frightened by
the mere thought of having to go to court? So frightened that they will
not even countenance the thought of standing up and fighting for their
rights and freedoms through the use of laws specifically put in place
by the federal government to give them the very tools they need to put
a stop to their torment?People in bad financial straits have no earthly
use for old cold taters like Ramsey, Orman and other such pap servers.
They need to learn how to deal with their problems in a realistic way
that works for them most of the time.
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
Subscribe to Creditwrench Email:

↑ Grab this Headline Animator
- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://ping.fm/nlSn8
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON
OUR FRIDAY NIGHT CONFERENCE CALLS.
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- Listen to this student tell how he got $10,000 from a federal case
against Capital One
- http://ping.fm/UuMku
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files. Makes them easy
to find.
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://ping.fm/uytUl to get answers to questions you need
answered before next Friday night. __________________Try this great new
search engine! It pays you cash money for every search you do!How about
a search engine on steroids? It acts like an RSS feed for most other
search engines. Between these two you shouldn’t ever need anything
else. Use these two for all your searches. You will be glad you
did.Addictomatic Search engineThis 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.FDCPABefore 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 1 person 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?
8/27/08 10:44pm
Anybody here?

Anybody here to chat?
8/28/08 8:45pm Erin:
Anybody here?
8/28/08 11:34pm Lauren:
Hello?

Anybody online?
8/30/08 3:02am me:
If you want to chat call me at (405) 237-2174 or (405) 227-9423 and
I’ll be glad to talk to you anytime including Saturdays, Sundays and
Holidatys.
error jabbify users settings

–
Posted By Creditwrench to creditwrench at 8/31/2008 03:10:00 AM

Bill Bauer for President?
Bill Bauer for President of the United States

–
Posted By Creditwrench to CREDITWRENCH TV at 8/28/2008 10:54:00 PM

Collections LawSubject: Physician paymentQuestion: 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 Bauer405-227-9423405-684-9297 This number will
change in a few days.See my website at http://ping.fm/2tltR for
much more information to help you.
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
Subscribe to Creditwrench Email:

↑ Grab this Headline Animator
- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://ping.fm/nlSn8
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON
OUR FRIDAY NIGHT CONFERENCE CALLS.
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- Listen to this student tell how he got $10,000 from a federal case
against Capital One
- http://ping.fm/UuMku
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files. Makes them easy
to find.
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://ping.fm/uytUl to get answers to questions you need
answered before next Friday night. __________________Try this great new
search engine! It pays you cash money for every search you do!How about
a search engine on steroids? It acts like an RSS feed for most other
search engines. Between these two you shouldn’t ever need anything
else. Use these two for all your searches. You will be glad you
did.Addictomatic Search engineThis 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.FDCPABefore 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?
error jabbify users settings

–
Posted By Creditwrench to All Experts Blog at 8/28/2008 08:41:00 PM

Nationwide CreditQuestion: American Express has sent my account to
Nationwide. Nationwide says they won’t accept monthly payments unless I
enroll in their Care Program by giving them $500 down and then access
to my checking account to pull $204 a month from. Then they reduce the
interest rate from 34.9% to 9.9%.Do I have to do this program or do
they legally have to accept me just sending checks in the mail without
giving them direct access to my checking account?Answer: First of all,
they are a 3rd party debt collector but regardless of who they are you
should never give them access to your checking account and banking
information.To be absolutely safe one should never pay debts to anyone
by giving them access to your banking information. Pay all debts by
Bank Certified cashiers checks so you have a receipt in hand for all
payments made.Mortgage payments, car payments, especially payments to
debt collectors, credit card payments and such should always be made
from bank certified cashiers checks, U.S. Postal money orders, or
prepaid debit cards in which you have to deposit the money first before
you can use the card. Never give your banking information over the
phone under any circumstances.Yes, I am aware that there are those
circumstances when that advice simply won’t work for some reason or
other but in general you should follow it to the greatest exten
possible. On the other hand you should never deviate from that advice
with a debt collector.But in fact you really should never pay a debt
collector a crying dime in the first place. Paying them just encourags
them to abuse those who know better than to pay them. Also, paying them
hurts your credit score much worse than not paying them so why do it?
Makes no sense at all.Do they legally have to accept your form of
payment? No, they don’t have to accept your payments by whatever means
you choose but if you can prove to a judge that you actually sent them
money by some acceptable means such as a bank certified cashier’s
check, U.S. Postal Money order and they refused to accept it and sent
it back to you I tend to think they would have an awfully hard time
trying to get a judgment. One never knows about that however.Nationwide
Credit Question: American Express has sent my account to Nationwide.
Nationwide says they won’t accept monthly payments unless I enroll in
their Care Program by giving them $500 down and then access to my
checking account to pull $204 a month from. Then they reduce the
interest rate from 34.9% to 9.9%.Do I have to do this program or do
they legally have to accept me just sending checks in the mail without
giving them direct access to my checking account? Answer: First of all,
they are a 3rd party debt collector but regardless of who they are you
should never give them access to your checking account and banking
information.To be absolutely safe one should never pay debts to anyone
by giving them access to your banking information. Pay all debts by
Bank Certified cashiers checks so you have a receipt in hand for all
payments made.Mortgage payments, car payments, especially payments to
debt collectors, credit card payments and such should always be made
from bank certified cashiers checks, U.S. Postal money orders, or
prepaid debit cards in which you have to deposit the money first before
you can use the card. Never give your banking information over the
phone under any circumstances.Yes, I am aware that there are those
circumstances when that advice simply won’t work for some reason or
other but in general you should follow it to the greatest exten
possible. On the other hand you should never deviate from that advice
with a debt collector.But in fact you really should never pay a debt
collector a crying dime in the first place. Paying them just encourags
them to abuse those who know better than to pay them. Also, paying them
hurts your credit score much worse than not paying them so why do it?
Makes no sense at all.Do they legally have to accept your form of
payment? No, they don’t have to accept your payments by whatever means
you choose but if you can prove to a judge that you actually sent them
money by some acceptable means such as a bank certified cashier’s
check, U.S. Postal Money order and they refused to accept it and sent
it back to you I tend to think they would have an awfully hard time
trying to get a judgment. One never knows about that however.Nationwide
Credit Question: American Express has sent my account to Nationwide.
Nationwide says they won’t accept monthly payments unless I enroll in
their Care Program by giving them $500 down and then access to my
checking account to pull $204 a month from. Then they reduce the
interest rate from 34.9% to 9.9%.Do I have to do this program or do
they legally have to accept me just sending checks in the mail without
giving them direct access to my checking account? Answer: First of all,
they are a 3rd party debt collector but regardless of who they are you
should never give them access to your checking account and banking
information.To be absolutely safe one should never pay debts to anyone
by giving them access to your banking information. Pay all debts by
Bank Certified cashiers checks so you have a receipt in hand for all
payments made.Mortgage payments, car payments, especially payments to
debt collectors, credit card payments and such should always be made
from bank certified cashiers checks, U.S. Postal money orders, or
prepaid debit cards in which you have to deposit the money first before
you can use the card. Never give your banking information over the
phone under any circumstances.Yes, I am aware that there are those
circumstances when that advice simply won’t work for some reason or
other but in general you should follow it to the greatest exten
possible. On the other hand you should never deviate from that advice
with a debt collector.But in fact you really should never pay a debt
collector a crying dime in the first place. Paying them just encourags
them to abuse those who know better than to pay them. Also, paying them
hurts your credit score much worse than not paying them so why do it?
Makes no sense at all.Do they legally have to accept your form of
payment? No, they don’t have to accept your payments by whatever means
you choose but if you can prove to a judge that you actually sent them
money by some acceptable means such as a bank certified cashier’s
check, U.S. Postal Money order and they refused to accept it and sent
it back to you I tend to think they would have an awfully hard time
trying to get a judgment. One never knows about that however.
RECOMMENDED READING Subscribe to Creditwrench mailing list. It is free
and very informative. .See all my questions and how I answered them.
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↑ Grab this Headline Animator
- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://shrinkmylink.com/kmlqson
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON
OUR FRIDAY NIGHT CONFERENCE CALLS.
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- Listen to this student tell how he got $10,000 from a federal case
against Capital One
- http://shrinkmylink.com/xsjqson
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files. Makes them easy
to find.
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. __________________Try this great new
search engine! It pays you cash money for every search you do!How about
a search engine on steroids? It acts like an RSS feed for most other
search engines. Between these two you shouldn’t ever need anything
else. Use these two for all your searches. You will be glad you
did.Addictomatic Search engineThis 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.FDCPABefore 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 8 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?
8/27/08 10:44pm error jabbify users settings

–
Posted By Creditwrench to creditwrench at 8/28/2008 10:25:00 AM

Tips & Tactics Gassing the Bar …
Hot air may keep a balloon afloat, but it won’t win your lawsuit.

Too many words ruin the argument.

Yet, many of you are using far too many words to carry your case
forward, and it’s hurting you!

A well-played lawsuit is a simple machine with only a few essential
parts. There are:

- Pleadings
- Motions
- Memoranda (supporting or opposing motions)
- Discovery Requests
- Notices
- Orders
That’s pretty much it.

These are your tools, designed to accomplish specific tasks or
objectives … and, like tools, they must be sharp if you want them to
do the job effectively!

Many inexperienced lawyers and most pro se litigants (who go to court
on their own without licensed counsel) go on and on and on, when only a
few simple sentences would do what’s needed.

As a consequence, instead of strengthening their case, they weaken it
by introducing issues that have nothing to do with the outcome!

Don’t gas the bar. Blow it away!

Learn just what’s needed to win with Jurisdictionary.

You’re just 24 hours away from knowing how to win your lawsuit!
… Dr. Frederick D. Graves … 22-Year Veteran Attorney

www.Jurisdictionary.com

Ask anyone who has our course. “Jurisdictionary Works!”
Call Toll Free for details: 866-Law-Easy

Volunteer to Lead a Local Jurisdictionary Chapter

Jurisdictionary ®PMB-11185428 Childers StreetPensacola, Florida 32534USA

RECOMMENDED READING Subscribe to Creditwrench mailing list. It is free
and very informative. .See all my questions and how I answered them.
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↑ Grab this Headline Animator
- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://ping.fm/nlSn8
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON
OUR FRIDAY NIGHT CONFERENCE CALLS.
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- Listen to this student tell how he got $10,000 from a federal case
against Capital One
- http://ping.fm/UuMku
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files. Makes them easy
to find.
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://ping.fm/uytUl to get answers to questions you need
answered before next Friday night. __________________Try this great new
search engine! It pays you cash money for every search you do!How about
a search engine on steroids? It acts like an RSS feed for most other
search engines. Between these two you shouldn’t ever need anything
else. Use these two for all your searches. You will be glad you
did.Addictomatic Search engineThis 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.FDCPABefore 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 1 person chatting
Name * Website Enter your info to chat.

–
Posted By Creditwrench to creditwrench at 8/25/2008 02:43:00 PM

Summons & Court DateQuestion:
Hello on August 19th I was served a summons and complaint from a debt
collector for a credit card. I immediately pulled my credit report with
Transunion and can find no mention of this debt.I answered the summons
saying it was my intent to show for court. I also sent the court and
the collection agency a letter requesting validation and a sworn denial
statement all on August 19th. Today Aug 22 I received a court date to
appear. I thought they could not proceed until they supppled me with
full debt validations?Answer: You thought they could not proceed until
they supplied you with full debt validation? Where did you hear that
nonsense? Tell that to the judge and see where it gets you. The judge
may take the time to tell you that next time you need to hire an
attorney before he grants judgment to the plaintiff. Then again he
might not even bother to tell you that.They can do that with no problem
until you enforce the law in federal court. The problem you have is
that you have obviously been getting your information and advice from
some guru message board that either gives you information that is
totally false and misleading. It was misleading to state that they
could not move forward once you demanded validation. They should have
told you the rest of the story too.I guess you also learned how to file
a response to the court saying that you intended to show for court from
some equally bad source because that isn’t a proper answer or response
at all. You have to file a proper response which can take many forms
depending on the type of response you intend to use. Whatever your
response might be it must respond to the one simple question which is
before the court and that is “do you owe the debt or not” and if not
why not. That is the question and that is the only question which the
judge wants to hear the response to. All the rest usually matters
not.You also say that you received a court date. What date is the
hearing set for? That can be very important for several reasons. If it
is too soon you may want to file a motion for extension of time to
respond.So how do you respond to that question is a rather long
discusson which I will address in greater detail on my blog at
http://ping.fm/cJHIv

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

Subscribe to Creditwrench Email:

↑ Grab this Headline Animator

- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://ping.fm/nlSn8
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON
OUR FRIDAY NIGHT CONFERENCE CALLS.
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- Listen to this student tell how he got $10,000 from a federal case
against Capital One
- http://ping.fm/UuMku
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files. Makes them easy
to find.
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://ping.fm/uytUl to get answers to questions you need
answered before next Friday night. __________________Try this great new
search engine! It pays you cash money for every search you do!How about
a search engine on steroids? It acts like an RSS feed for most other
search engines. Between these two you shouldn’t ever need anything
else. Use these two for all your searches. You will be glad you
did.Addictomatic Search engineThis 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.FDCPABefore 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.

–
Posted By Creditwrench to creditwrench at 8/24/2008 10:14:00 AM

Tips & Tactics What is Hearsay Evidence?
You must understand what hearsay is if you want to win in court.

It isn’t what you think it is.

In court, “hearsay” has a very technical meaning that you must
understand completely … so, please read on … understanding that
your weekly “Tips & Tactics” are brief introductions to topics we
discuss. We’re confident you find them easy-to-understand and that
you’ll want to order our equally easy-to-understand complete $219
step-by-step self-help course to get the rest of the story, so you and
your lawyer (if you have one) can know what you must do to win your
lawsuit.

Let’s start with a simple Jurisdictionary definition of hearsay.

“An out-of-court statement offered to prove what it says.”

When I was in law school my evidence professor spent days on this,
trying to explain his amazingly complex definition. None of us in the
class understood what he was talking about, because his definition was
not “easy-to-understand”. That was then. Now you and your friends have
Jurisdictionary to help you understand all you need to win your
lawsuit! Please read on.

Let’s take the simple Jurisdictionary definition apart and see what its
two separate components really mean.

Consider the first part of the definition.

What is an out-of-court statement? Well, it’s just what it says, a
statement made by someone somewhere other than “in court”. Such
statements may be made in writing, verbally, or painted in the sky with
smoke trails from an airplane. If the statement is not made in court,
it is an “out-of-court statement”.

But, there’s more! If a statement is made at a deposition where a
certified court reporter is creating a transcript, it is considered as
being made “in court”. Both sides are invited to participate in
depositions and ask questions, so neither side can complain they didn’t
have an opportunity to examine the deponent witness under oath. Courts
treat deposition statements as being “in court”.

The key point to latch onto here is that both sides have an equal
opportunity to question the person making the statement under oath. A
statement made by a witness at a deposition may in fact be hearsay, if
the witness is testifying to what somone else said, but it is what the
other person said that is hearsay … the part that was said
out-of-court by someone who could not be questioned under oath by both
sides.

If the person who actually made the statement – the pilot in a sky
writing airplane or the unknown author of some cryptic intra-office
memo, for example – is not “in court” under oath and subject to be
cross-examined, the statement is inadmissible hearsay (unless it falls
into one of the exceptions explained in our complete 24-hour
Jurisdictionary step-by-step self-help course you need to get).

Now for the interesting second part.

Is the statement offered to prove the truth of what it says?

If an out-of-court statement is not offered to prove what it says, it
is not hearsay … even though the statement is made out-of-court, is
not under oath, and neither side has an opportunity to cross-examine.
In order for a statement to be hearsay, it must be offered to prove the
truth of what it says!

“She said she’d bake a cake after church next Easter Sunday.” If a
witness testifies her neighbor said this, and if the other side
objects, you should make clear to the court that the statement is not
hearsay. If the witness testifies to what her neighbor said she was
going to do, then the out-of-court statement is only offered to prove
what the neighbor said, not that what she said was true. If it isn’t
offered to prove the neighbor actually went to church or baked a cake,
then it isn’t hearsay … even though it was an out-of-court statement.

Don’t let the other side trick you!

We make lawsuits easy-to-understand.

Our 24-hour Jurisdictionary step-by-step self-help course goes into
much more detail, making this all-important topic much clearer than we
can explain in a single weekly newsletter.

You must fully understand hearsay and the hearsay exceptions if you
want to win your lawsuit, so order our course today, if you don’t
already have it.

You do want to win, don’t you?

Learn about hearsay, objections, evidence, pleadings, motions, and much
more with our 24-hour step-by-step self-help course.

Order now before the price increase.

Know what you need to win your lawsuit.

It’s easy with Jurisdictionary.

You’re just 24 hours away from knowing how to win!
… Dr. Frederick D. Graves … 22-Year Veteran Attorney …
www.Jurisdictionary.com

Learn effective lawsuit procedure in 24 hours.

Our affordable 4-CD self-help for non-lawyers course includes:

- 5-hour video CD simplifies the litigation process
- 2 audio CDs present tactics and procedures
- 15 in-depth tutorials on 4th CD explain basics
- Free laminated EasyGuide to Court Rules
- Includes Shipping & Handling
- On-Line Access while CDs are in the mail Discover what thousands
know: Jurisdictionary Works!
Save legal fees! Control judges! Defeat crooked lawyers!
www.Jurisdictionary.com
Ask anyone who has our course. “Jurisdictionary Works!”
Call Toll Free for details: 866-Law-Easy

–
Posted By Creditwrench to creditwrench at 8/18/2008 09:09:00 AM

Medical bills credit ratingQuestion:Hello, My question is that this
time last year my credit score was 740 aftercoming out of bankruptcy in
2002. I have worked hard to correct and build mycredit. However, I
became ill last year and gained many medical bills I couldnot pay and
my credit card was maxed at 3500. I stopped paying on my card andnow I
am over 180 days, I gained an “R9″ on my credit report and all my
medicalbills are now appearing on my credit file. I am much better now
and able toreturn to work, however, my credit is ruined and for a long
time I understand.My family says I need to do a settlement with the
credit card company so the R9will be removed in 7-10 years and interest
will not continue. Is this right?Also, the medical bills come to a
total of 1200, and if I pay them off will theybe removed as soon as I
pay them or how long does it stick? What is best, paythem all or leave
it? I was told that the damage is done, and the end result isthe same,
if I pay it, it still stays for many years, if I dont pay it, it
stillstays for the same amount of time. Is this right? I do not have
money to waste,and I want to build my credit back up given that I need
to be able to get a loanfor a place to live since I now will be going
through a divorce as well. Also, Ihave fallen behind on my mortgage
when my ARM changed, so yet another hit on mycredit. How can I speed up
getting my credit score back up? I am at a 500 rightnow.Answer:Well, as
it is you are nearly a ruined bruin. You might be able to file
bankruptcy again and shoot yourself in the other foot, you might be
able to pay them all off and waste your money as others seem to have
told you since it will stay on your credit for the full time allowed by
law unless you waste a great deal of time and money trying to get it
all off your credit report. Whether you do it yourself or hire some
credit repair organization to do it for you statistics show that the
results are about the same. So it would seem that no matter what you do
it is going to take a huge amount of time, money and effort to get
yourself back up to the 700 level and beyond.Obviously you are likely
to get sued multiple times and that will tank your score even more on
top of leaving you even less money to work with.So why not do it my way
and get paid handsomely for doing it? My way is much more likely to
succeed and may do it even more quickly than other methods.My way
teaches you how to legally turn the table on the debt collectors and
make them do your credit repair for you and pay you instead.Of course I
can go into a long detailed explanation here but if you want to learn
how to do it you will have to commit yourself to a program of study and
research so you might as well get started now rather than later. You
will be glad you did. I’ll even teach you how to get paid for doing
your homework. You will find out how to do that for free by following
the links below.Bill Bauer405-684-9297405-227-9423
RECOMMENDED READING Subscribe to Creditwrench mailing list. It is free
and very informative. .http://ping.fm/ahWdx
email. See all my questions and how I answered them. Just send an email
toceo@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.

- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://ping.fm/nlSn8
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON
OUR FRIDAY NIGHT CONFERENCE CALLS.
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- http://ping.fm/UuMku
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files. Makes them easy
to find.
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://ping.fm/uytUl to get answers to questions you need
answered before next Friday night.__________________Try this great new
search engine!It pays you cash money for every search you do!This
Sigline updates constantly! Try it! Creditwrench – The lethal weapon
against debt collectorsceo@creditwrench.comCreditwrench 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.medicalpaypalcreditcredit scoreFDCPAmortgageARMBefore 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

–
Posted By Creditwrench to creditwrench at 8/17/2008 06:37:00 AM

Debt EliminationQuestion: 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://ping.fm/39bjK I have never taught that kind
of nonsense and I’m not about to forget being falsely accused anytime
soon.http://ping.fm/5qQkJ
Bauer405-684-9297405-227-9423

–
Posted By Creditwrench to All Experts Blog at 8/16/2008 01:40:00 PM