Thursday, August 04, 2005

New Post/Thread Notification: CreditWrench


Hello,

Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Served with a Summons today.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=734

Here is the message that has just been posted:
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I have 4 credit cards in total, three of them had the business name on them and one was in my name, of course the one in my name is the one the law firm has.

I have never heard that if its a business card it would make any difference, do we need to talk ? There is way to much info to type to evaluate if I need to go ahead and file or use your methods.
Yes it does make a difference if it is a business card. But there are several variables in that too. First of all they quite often bring suit on a personal level even though it is a business card. If they do that then FDCPA and other consumer laws can be brought into play but if they bring it as a business debt then you are into commercial law unless you can prove that it was used only for personal purposes. (See Skenk vs Transworld Systems). Do we need to talK? You have to decide that.

As you know, I'm not a lawyer and I don't claim to be able to pull rabbits out of magic hats so you have about 3 choices.

1. Take the easy way out and go file bankruptcy.
2. Learn how to fight. Learn that FDCPA violations are not a defense to a lawsuit but can be used in countersuits to get the same thing done.
3. Sit back, ignore the summons, ignore the garnishment proceding and wait for the inevitable disaster.

Well, got your phone call a minute or so ago so we will take it from there.
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