We often tend to accept what we are told by others as being the truth,
the whole truth and nothing but the truth because what we are being
told is what we wanted to hear in the first place. We go looking for an
easy solution to our problems. We were told that there is a cancer
among us and we feel the exact same symptoms as that described by a
doctor who is is advertising this great new cancer cure he has
discovered. All we have to do is buy his miracle medicine and we will
be cured. Since we have the same symptoms as described we rush our
$29.95 or whatever the price off into the mail or order on line by
credit card. But did we do our due diligence before ordering? Probably
not. We accepted what we read or heard from someone else on blind
faith.Sometimes we buy based on the fact that because the advertiser
claimed to be a doctor or an attorney or a shoemaker of some sort
without checking them out to be as certain as possible that they really
are doctors or lawyers or whatever they claim to be. Not only that but
who do they refer to as being the source of their education and what is
their accreditation. Did they really attend that great school or belong
to that great organization and if so are they in good standing with
that organization or school?We might complain that we don’t have time
to check all that stuff out but it usually don’t take long. A simple
search or two and maybe a phone call or two will often reveal the truth
of the matter. To illustrate, let’s take a case that came to my
attention just this morning. A person wrote to me asking me for my
advice. This person had purchased an ebook from an attorney in
California and had followed the advice given which was to send all the
credit card companies a check for some amount of money and on the back
put the words “PAID IN FULL”. The purchasers of this great information
were assured by the attorney/author that if the credit card company
cashed the check the sender would have legally paid his debt in full
and there was nothing the credit card company could do about it. They
couldn’t sue because the transaction fulfilled all the elements of
Accord & Satisfaction. The ebook even went on to say that if the credit
card companies sent any more demands for payment or tried to collect
some claimed remaining balance all the consumer had to do was send them
a cease & desist letter which would put a stop to any further
collection attempts. What this poor person failed to do was to perform
a simple Google search which would have revealed that the attorney’s
main business is the collection of debts, yet was selling this great
book from another address. Here is the great ebook and Here is the debt
collector/lawfirm web site. Notice that the addresses are different but
the email address and the logo is the same.Ethical and well meaning
professionals such as attorneys sometimes become involved in nefarious
schemes simply because they are sold a bill of goods by some slick
salesmen. When the scheme turns sour they can find themselves in deep
trouble. This article by the National Law Journal explains how that
happens sometimes.In other examples, lawyers who have been disbarred
actually continue to practice law and put in their appearances during
their disbarment periods. I am personally acquainted with several cases
where that has happened as well. Lawyers who have been disbarred for
whatever reason face a real problem because they have been used to an
above average lifestyle which disbarment ruins very quickly so they
might easily fall prey to one scheme or another in an attempt to
maintain that lifestyle to which they have become accustmed.People
often claim to have a lengthy list of credentials but conveniently
forget to tell us who it is that gave them the alleged credetentials.
One case I am familiar with is a web site of a person who gives a
lengthy list of supposed credentials but never reveals their true
source. Are we to believe that simply because someone puts up a list of
credentials that those credentials are real or that they come from a
real source?I know of a person who is fairly famous in some internet
circles who gives out all kinds of legal advice and always prefaces his
signature with the “DR.” word which tells us that he is a doctor which
he really is. Yes, he really is a doctor. A chiropractor turned legal
expert and supposedly able to give legal advice. For a huge fee, of
course.There was another great expert several years ago who went around
the country to various patriot events, gun shows and what have you
selling books warning us all that the War Powers Act of 1933 made all
of us enemies of the state. He made a lot of money selling his books.
Probably more money than he ever made as a veterinarian.The whole point
I make is that rather than buying on the strength of credentials check
out not only the credentials but the truth of what is being said. Use
verifiable sources of information such as actual court web sites or
actual government web sites or law school web sites to see if what they
have to say agrees with what the expert claims to be true. Learn to
read and understand the law for yourself rather than taking the word of
someone who claims to be an expert.Also be careful of those who base
their claims on old law. Some often quote old English law or law from
the 18th or 19th centuries claiming it is still as valid today as it
was back then while the truth may well be that it has been replaced by
more modern theories of law Laws change dramatically as our society
evolves. Those changes are not always readily available to the general
public unless they know how to track them which most don’t have the
expertise to do.

The New York Times recently posted an article by Pat Marshall, an old,
gray haired debt collector sitting in a small dimly lit cubicle with a
keyboard, a mouse and an old time CRT monitor that looks for all the
world like it came out of some flea market bragging about how he helps
people with their problems. In this article he says, “When someone
calls back and thanks you for suggesting they get the debt resolved
with me before it appears on a credit report, I think, “Wow, I did do
good for someone.” It’s a great feeling to help someone out of a dire
situation. I’ve helped young people just out of school and took time
out to explain how bad credit could hurt them in the long run. They
call back and say: “Thanks for the advice. You’ve saved me years of
heartache.”Of course, what he isn’t saying and is obviously not
thinking about is that he probably also helped them by lightening the
load on their wallets and often by amounts of money they may not even
have owed in the first place.He goes on to say, “Sometimes when people
hear I’m a debt collector, they hang up or blame the hospital or blame
their ex-wife — everybody but themselves. It’s frustrating, but I am
pretty good at getting through to them. Most people find that we’re on
the phone to help them. What we’re trying to do is resolve a problem.”I
wish I had a dime for every person who has ever told me that they just
ignore the calls or hang up when they hear a debt collector on the
other end of the phone. Folks really shouldn’t do that. Hanging up on a
debt collector only means that the phone will keep on ringing, often at
maddeningly short intervals while the debt collector continues to try
to contact them. There are far better remedies than simply hanging up
on debt collectors. This web page outlines a much better way to get rid
of debt collectors quickly and efficiently.Marshall goes on to
say, “Recently, I called a woman in Florida who had lost her job. Her
husband had also been downsized. They were making about $200,000 a
year. I asked her if there was any way to take out a second mortgage.
She said, “We’re already upside down on the mortgage.” They were facing
foreclosure. She was in shock from what had happened and needed time to
look at her financial situation.That’s a much more likely way debt
collectors try to help people resolve their problems. Tell them to
borrow the money to pay off the debt they ostensibly owe. Borrow the
money and put themselves further in debt than they already are.
Refinance the house and pay interest for the next 30 years or more.
People need that kind of help like they need a great white shark in
their swimming pools or a snapping turtle in their bathtubs.Marshall
also has another great suggestion to help people out of debt. Here it
is. “Sometimes if people who owe money really need help, there are
church organizations and programs through the United Way. Some
hospitals offer assistance to people who qualify. It’s a matter of
suggesting things.”Yes, suggesting useless things that are not only
impractical but actually have the potential to be harmful to others.
United Way isn’t there to help people pay off their debts. It is there
to help people who have met with some disaster beyond their control.
Maybe Marshall and his ilk will soon be telling people to apply for a
government bailout grant? Hearing that they are actually making that
suggestion to debtors would not surprise this author in the least.As
told to Amy Zipkin who must have been between an editorial rock and
hard place to have come up with this article. Nothing in her article
makes any sense at all to anyone with the possible exception of another
debt collector. Read the full article here and learn the truth about
why newspapers are losing their grip on the American people. Articles
like this can only hasten their demise.

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Check out Levine v. World Financial Network, No. 08-10416 (11th Cir.
Jan. 12, 2008), a new Fair Credit Reporting Act decision from the
Eleventh Circuit. Experian, the mammoth credit reporting company, sold
a credit report about the plaintiff to the plaintiff’s former creditor.
The plaintiff had paid the debt in full and had no existing account
with the creditor. At the time Experian sold the credit report, there
purportedly existed differing views on whether providing a credit
report to a former creditor violates the Fair Credit Report Act, with
the Fifth Circuit arguably holding that it doesn’t and a Federal Trade
Commission advisory letter holding that it does. (To see why the Fifth
Circuit’s ruling does not necessarily authorize what Experian did in
Levine, take a gander at Wilting v. Progressive County Mut. Ins. Co.,
227 F.3d 474 (5th Cir. 2000).) So, based on this difference of opinion,
and the Supreme Court’s recent decision in Safeco Ins. Co. of Am. v.
Burr, 127 S. Ct. 2201 (2007), the Eleventh Circuit held that Experian
could not be held liable for a “willful” violation of FCRA (which is
required to obtain statutory damages under the Act). FCRA has become
pretty darn hard to enforce in a private case.

Old Debt Collection I oweQUESTION:When I was in college I had several
credit cards that I was unable to pay off. The credit card was opened
in 1997 and closed by the credit card company in 2002. A couple years
ago I was trying to repair my credit and make arrangements to pay off
old debts. I made the last payment May of 2007. Since that date this
outstanding debt has fallen off of my credit and is no longer showing
even in the History. I just recieved a civil summons and have to
respond by the 2 week in January. They want me to pay the agreed
settlement of $953. Since this has fallen off of my credit am I still
obligated to pay this? I was told in the state of North Carolina that
there is a statute of limitations for outstanding debt collections of 2
years. I am not sure if this is correct. I want to know my rights
before I move forward.ANSWER:Statute of limitations for NC appears to
be 3 years. Did you also make payments on this debt in a futile attempt
to clear it up? If so who did you pay it to?

Angela Fitch Subject: being sued by collection agency for medical bill!
Question: Hi I recently was served papers to go to court. I’m 28 years
old and I stay home with my 3 daughters my husband works at the post
office as a contracted mail carrier and the contract is in my name and
he does the work!We make an average paycheck once a month but after
paying our bills we are broke! My Husband and kids are on medicaid! I
just cant see how I am going to pay this bill 4500.00 its bad enough I
went to the ER with a kidney infection and I knew thats what it was and
told them!I’ve never had a Cat scan before so when they took me to have
that done I had no clue! I’m not a Dr but I know I didn’t need a Cat
scan to tell me I had a kidney infection!! I was very upset when I
realized what was going on but it had already been done! When the nurse
brought the papers. I cant afford this especially right now with the
economy the way it is! Please Guide me in the right direction as to
what I should do!! Answer: click here to enlarge I can tell you what is
going to happen with about a 99% certainty of being correct. First of
all, almost regardless of what you do the judge will grant a judgment
against you. Then they will get a garnishment and go after your bank
accounts, savings account (if any) then try to put a garnishment
against your paycheck. They can also go after any other assets you
might have.The contract is in your name so I assume that the checks are
also in your name. You would have to check your state garnishment laws
to see what all they can do.Now that you know the worst of what they
can do to you, let’s see what you can do to beat the law of averages
and turn that around. First of all you need to file a response to the
summons and complaint. You will also need to prepare a certificate of
mailing to send to the plaintiff’s attorney when you send them a copy
of your response. Then, if the summons was their first contact with you
or their first contact with you was within 30 days ago then you also
need to send a demand for validation of the ebt. That will stop them
from pursuing the debt or the case until they provide you with the
demanded validation.You also need to prepare and send your demand for
admissions at the same time which contains at least 40 things you
demand they admit to. When you get their answers back you will have the
material you need to send them demand for production of documents based
on their admissions or denials. Once they respond to your demand for
production of documents you may have to go back to them with demand for
interrogatories which are questions you demand they respond to.Count on
the fact that they will try to get away with giving you nothing at all.
In the process they will almost certainly violate various parts of your
state and/or local rules of procedure so you will need to obtain copies
of those and learn them as well as possible. If they violate you will
want to file motion to have them deemed admitted or file motion to
compel them to answer or produce the demanded documentation. In the
process you will want to catch them violating federal law as well. It
is almost a guarantee that they will do just that giving you a cause of
action to sue them in federal court where you can make it all go away
and actually get paid quite well for all the time and trouble they have
caused you.Another thing you will want to do is to find a way to get
your banking done without getting your money garnished. If you will
send me an email I will send you an invite to a brand new banking
system that will let you pay those you must pay using only your
cellphone. Of course, you also get a regular debit card that you can
use in any store or ATM.It works much like paypal except it is free to
join, and it don’t have all the fees that paypal charges you every time
you turn around. If you owe somebody you can simply use any cell phone
to pay them or if they happen to owe you they can pay using their
cellphone even if they are not account holders.Go to a garage sale for
instance and you want to buy something but don’t have the cash in hand
you can pay them with your cellphone. Plan to get your checks cashed
anywhere but at your bank, deposit cash and of course you will get
instant credit so you can upload the cash to your cellphone account
before you even leave the bank and they will never figure out where the
money is going. It will be safe from their greedy grasp.All you have to
do is email me at ceo at creditwrench dot com and I will send you an
invitation to become an account holder. No charge, no obligation. Look
at it and join if you want to and if you don’t, Oh Well.Next you will
want to learn how to do all the things I have mentioned above and I can
teach you all you need to know for less than the price of a half hour
of a lawyers time. I’ll tell you about that if you email me to get in
on the cellphone banking plan.

How about a great new way to do your banking right from your cellphone
wherever you go?
You can pay anybody or get paid via your cellphone now. It works much
like paypal but without the high fees paypal charges. If you want to
order my new ebook, HOW TO WIN LAWSUITS WITHOUT LAWYERS, you can order
it from your cellphone with no problem.

If you would like to learn how to set yourself up so you can pay via
cellphone just send me an email at ceo@creditwrench.com and put PAY BY
CELLPHONE INFO in the subject line. This isn’t a sales gimmick. I’ll
gladly tell you how to do it for free and you have no obligation to
sign up for this new program whatever. Sign up for it or forget it.
It’s all up to you.

Afraid of getting your money garnished? Have your employer pay you
through your cellphone by direct deposit. It is easy for your employer
to set up to do this and it don’t cost him anything.
No debt collector will ever find your money if you sign up with this
banking system. They can’t garnish what they can’t find and they will
never find this one.

Here are some new Creditwrench Blogtalkradio shows.
12-01-08

12-08-08

12-15-08

12-22-08

12-29-08