| Question: |
QUESTION:
Can a debt collector obtain my credit report and send me a letter
statng they see I have a recent loan of 52,000, and have paid off some
debt and have available credit of 704.00,and I should be able to pay
these old doctor bills.I then called and they said they were putting a
lean on my house for 1700.00. It seems to be an Attorneys office. I
sent them a registered letter yesterday asking for proof of this debt
to be paid to them, to prolong the threat of the lean, and stated all
correspondence will be done in writing. One of the Bills I know is 4
years old, is there a statute in Oklahoma on doc. bills? Can I deal
directly with the originator of this bill as well?
ANSWER:
Statute of limitations in Oklahoma on doc bills is the same as it is
for any other written agreement. Five years. Who sent you the letter
and what makes you think it is from an attorney’s office? Do they
already have a judgment? If they don’t they can’t put a lien on your
house or anything else. Sounds to me like they are breaking the law big
time. Maybe you should be thinking about filing a federal lawsuit
against them before they file a local lawsuit on you.
———- FOLLOW-UP ———-
QUESTION:
Malcom Hammond Law office in Jenks Oklahoma is who sent the letter, no
judgment has been filed to my knowledge. How do I start my federal
lawsuit? Are they allowed to get my credit report without consent?
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| Answer: |
So you need to know quickly whether they have filed a
lawsuit against you or not. Do this every day. Go to
http://www.oscn.net and click on the court dockets tab. Click on search
dockets and scroll down to where you can enter your last name then your
first name and hit your enter key and any lawsuit that has ever been
entered against you will show up.
As soon as a new one shows up you
should immediately prepare your response, your demand for admissions,
your certificate of mailing and go file them them and send a copy of
all that to the plaintiff’s attorney. If the lawsuit has been filed
within 30 days of their first contact with you then you need to also
prepare your validation demand and include that with your mailing.
Whatever you do, don’t let that 30 day window of opportunity go by
without sending your dispute/validation letter to the attorney. That
stops them from doing anything to attempt further collection activity
until they do validate the debt meaning that if they have not yet filed
a lawsuit against you they cannot file a lawsuit until they have
provided you with documentation about the debt, who you owe and how
much you owe.
They can’t call you or even send you any letters until
they do comply with your demand for validation. Of course, they will
probably get stupid and violate the law in some way which is what you
hope will happen so you will have more causes of action against them in
federal court. That is where you need to be aiming to go because that
is the only way to beat them, the only way to win. You should go into
this thing with the idea in mind that no matter what you do in local
court they will win and get a judgment against you. That is because the
only question before the local court is whether or not you owe the
debt. You know you owe the debt, the lawyer knows you owe the debt and
the judge believes you owe the debt so what is likely to be the outcome
of their lawsuit? Don’t take much imagination to figure that out. So
the only way to win is to turn the table on them and become the
plaintiff in federal court where the only question before the court is
whether or not they have broken the law. If you can prove that they
have then once again, it don’t take much imagination to figure out what
the outcome will be. You win, they lose. The nice part is that you
don’t even have to appear before the judge in federal court. It is all
done by mail, on the internet and by phone.
Even many of the court
papers they file or send you can contain violations and you need to be
aware of all of their possible violations so you can use them to your
advantage. Your response should be carefully prepared so you admit
nothing and at least attempt to force them to prove to you and the
court that you do owe the debt. You see, I know how to win and I know
how to teach you how to win so if you want to make this all go away and
get well paid for doing it then you need to start learning right away.
If you choose not to do that then the alternative is they win, you get
a judgment against you, they file for an assets hearing and you have to
go tell them all about your assets. How much money you have in banks,
what banks your money is in , give them copies of all your bank
statements for the last year or more, all your income tax returns for
the last few years, tell them how many cars you own, where you work or
how you make your money, how much you earn, how often you get paid,
when you get paid and any other assets you might have such as real
estate, all your personal information. Then they go to your bank and
grab any money you might have in your bank accounts. Then its go for
your wages or other income. After that they can try to get vehicles,
put lien against your home, even send the sheriff to your home to
hijack any valuables worth selling at auction to get their money. It
gets real vicious sometimes. So which way is it going to go for you?
Its all up to you. Learn how to stand up and fight or lie down and take
it on the chin.
If you want to learn how simply check out the image to get my phone number and call me and we can get you on the right road very quickly.
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