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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Guess I thought if they didn't prove the debt by showing the signed contract I had a chance......I see now the only way to protect myself is if they break the law of procedure somehow and I can use that as a defense.

Think I'm screwed on this one............I have several debts out there like this one from a failed business in November of 2002. I have made it this far up till now thinking the Okla SOL on credit card debts was 3 years, but in reality its 5 from speaking to several lawyers.

Thought if I could make it till Nov of this year I would qualify for SOL defense, also with the new bankruptcy law going into affect on Oct 17th I may have to make the choice of fileing Chapter 7 which I have worked hard to avoid.

Any thougts, Bill ?
Any thoughts? Yes. First of all, if you are/were a business entity, have a corporation or an LLC or something like that then bankruptcy is for you. First of all people really need to understand bankruptcy and it's real intentions. It is not to help "Average Joe" beat his creditors although that is exactly the way it has been used for so long that everybody thinks that's what its for. That has now become its "true" purpose and that is probably one of the reasons the law has been changed.

What I think Congress has really intended to convey is the idea that maybe we ought to get back to what bankruptcy was really intended for and quit abusing the system. They didn't come out and actually say that but it does seem to me that is at least in the thinking.

Bankruptcy was never intended to be used as it is today. Bankruptcy was originally intended to be the corporate equivalent of probate court for the natural person. Corporations are unnatural persons. Without bankruptcy there would be no way to settle the estate of the unnatural person that "died". Probate court does that for the natural person who died.

It also provided a way for the unnatural person which was still very much alive to gain the protection of the courts while it paid off it's debts and restructured itself. All it had to do was prove that it had enough assets and strengths to pay it's debts and work itself back to solvency to gain the protection of the courts while it did so.

So lawyers soon figured out that if unnatural persons could get that protection then why shouldn't natural persons also have the right to get that protection from the courts and the game has been on ever since and of course at the price of great enrichment for the lawyers and at the expense of the unnatural person(s).

Now they have finally complained to Congress so much that Congress decided to try to level the playing field and make Average Joe pay up instead of escaping scott free. So now if Average Joe wants to escape paying his bills he is going to have to find other ways to get the job done.

Can he do that? Of course he can but it isn't going to be easy. Bankruptcy was a romp in the park. All you had to do was pay some lawyer and you were off the hook for the most part. Now you hare going to have to do your homework which should have been the case all all along.

What are you going to have to do? Learn the law and learn how to use it. Simple as that.

It means learn the causes of action, learn the rules of procedure, learn the rules of evidence and learn the FDCPA. Do that and you can win most of the time.
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