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You can call me anytime, Saturdays, Sundays, Holidays, whenever you want.
(405) 237-2174 or (405) 227-9423

Questioner:

Questioner:	ivan
Category:	Collections Law
Private:	No
Subject:	midland credit hassles
Question:	Some papers were seved at my house by a legal company, and the person that presented the papers didnt ask who he was handing the papers to and I get them 16 days later from my cousin who was house sitting at the time. this is a civil suit for collections that i have been working with the bank to pay back. NOW THIS IS GIVING ME A DATE TO APPEAR IN COURT. What can I do? I have called the collection agency and they gave me a lawyers office and when I called them I get no return phone call. What will happen if I dont go to court and what steps can I take to stop this. I was out of work for over a year and keeping my house was more important than worrying over a credit card with ridiculous finace charges. Please help with any advice.
Answer:	click here to enlarge The question I must ask is what do you want to do? You have some options at this point in time. Here are some of them. (1)Hire an attorney who may be able to work out a deal for you to pay less than they are currently asking. An attorney might be able to work out a settlement of around 75% to 85% of what they currently ask. If you have the cash to pay up you can probably avoid a judgment being granted against you. It is unlikely that an attorney can just make it all go away because they know they can easily get a judgment, garnish wages, seize bank accounts, vehicles or whatever else they can find to seize and sell at auction to get their money. If you don’t have the cash to pay the settlement plus whatever the attorney wants then that option won’t work for you. (2)Just ignore the whole situation, don’t respond to the summons and let them get a judgment. Then the process I mentioned above will kick in and you start getting called in for an assets hearing and you will have to bring all your books and records to court and turn them over to the plaintiff’s attorney so he can see what you have that may be garnished or seized to satisfy the debt. (3)Learn how to respond to the summons and complaint without hiring a lawyer, learn how to catch the plaintiff’s lawyer violating the law and take him to federal court and make him forget about ever collecting a crying dime, pay you for your court costs, pay you for your time preparing your case, pay you damages on top of that. It really isn’t hard to do. Make them pay you and go away and leave you alone. So you tell me what you want to do. If you choose option #3 just call me anytime..

Bill Bauer
CEO@Creditwrench.com
(405) 237-2174
(405) 227-9423
Creditwrench message board
Creditwrench videos and podcasts
Message board
Join our regular Friday night conference call which starts at 7:00 P.M. central time every Friday night. The call in number is 1-712-432-1601 The pin number is 508548#
You will be able to join the call, ask questions and speak to some of my students who have been very successful in courts.

Questioner:

Questioner:	Brenda Seitz
Category:	Collections Law
Private:	No
Subject:	debt collector obtaining my credit report without consent
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?
Answer:	click here to enlarge 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.

Subject:	Summons served
Question:	I have been served with a summons to appear in court to answers questions pertaining to my property, employment, and assets.  Do I have to disclose this information?  What might be the outcome of this disclosure?  Can I protect myself from  wage garnishment?  Can they remove items from my home?  Should I get a lawyer to help?  I would be grateful for the advice.
Answer:	Do I have to disclose this information? [Yes, or at least most of it. Some infomation can be denied but since this seems to be a case where judgment has already been granted to the plaintiff and it appears that  it is for an assets hearing then you must be very careful in answering their questions or providing documentation of any kind.] What might be the outcome of this disclosure? [Garnishment of wages if allowed under state law, seizure of some assets, bank accounts or other valuables not exempt under state law.] Can I protect myself from  wage garnishment? [That all depends on your special situation. I would have to know more about your special situation in order to answer that question.] Can they remove items from my home? [Yes, it is possible. State law will say what they can not garnish and anything else might be siezable] Should I get a lawyer to help? [Where are you going to find one that you can afford and who is competent enough to do you any good. Those are rare birds indeed. Quite frankly I wouldn’t trust one of them as far as I could pick one up and throw ‘em and I got a bad back. If you want I’ll help you get through answering those questions without any charge or obligation. All you have to do is call me at 405-684-9297 or 405-227-9423. I will want to take you call and then call you back so as to keep my main lines open for other incoming calls. You can call most any time except tomorrow evening between 6:00 P.M. and 9:30 P.M. central time since I have a meeting I must attend. I can also be reached for consultation on Saturdays and Sundays. http://www.creditwrench.com

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