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Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

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I know Bill will support my statement on this..Absolutely!

And as most cases turn out you have a confidentiality clause in the settlement that says you will not mention the firm or attorney you beat.. I have a real problem with those kinds of clauses. My feeling on that issue is very strong.

Here it is. The lawyer and his cronies had no problem with trashing the defendant, his money and his credit files. They were very willing to do all of that and more and with no qualms whatever. They were willing to do all of that and more if need be no matter that they were breaking the law and were thereby very elegible to be called scofflaws and worse. So why do they think they have any right to keep their unscrupulous and illegal acts swept under the carpet?

Their demeanor is little more than pure and simple arrogance and they need to pay the price just like any other common criminal.

Maybe I might have to change my mind someday in order to get a settlement done and over with but it sure isn't going to be willingly. I'd fight them over a clause like that in a heartbeat.

I was told by the last one "we must have this as we do not want anything winding up in the papers such as" and I quote "Beach bum prose' beats attorney"

Too bad, so sad. If they can't stand the heat then let them get out of the kitchen. That's the way I feel about it.

I can sum this up very simply when someone does not follw the letter of the law and is brought to task makes no difference civilian or attorney when your right,, your right and that is part of winning..
And the right to crow about it is also a part of what makes winning worthwhile.

I've just caught a debt collector in the very act of unauthorized practice of law and an attorney aiding and abetting them. All I need now is some case Oklahoma case law to back me up and/or the judge to agree with me and I've got them nailed to the proverbial cross and I durn well plan to set the proverbial fire under it if I can.

Will I be able to do that?

Right now your guess is as good as mine.
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New Post/Thread Notification: CreditWrench

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ecir80 has just posted in the CreditWrench forum of CreditWrench under the title of Please help.

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Thanks alot for your help, I will do some research on this and keep the board updated on my progress, hopefully I can get these people off my back and off my credit report, so I can get back on track, you are doing a great thing for people who probally would get screwed if not for your help, I saw some people getting sued on our county public records online from the hospital my bill is from that are from the early 1980's for under a couple hundred bucks, hopefully with your help I wont be one of thos people thanks alot again, Brian.
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New Post/Thread Notification: CreditWrench

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Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Please help.

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Dear Creditwrench, I have tried to find the SOL for Ohio and all I can find is some websites that say written 15, oral 6, injury 2, damage 2, open accounts just have a - mark, a long time ago i was researching it and thought I came across a website that said it was 4 on open accounts, how can I be 100% sure what the SOL is in Ohio? and is a hospital bill considered an open account or one of the others? sorry for all the questions but this thing really has me a nervous wreck, thanks for your help, Brian.
As always, you need to go to the annotated statutes in your state. The short cut to that is to go to your state statutes on line and look up Statute of Limitations. Easy way is go to Google and type in OHIO STATUTE OF LIMITATIONS and go for what comes up. You should always take an official state government or court website and not somebody else's website.

In your specific situation I would imagine that the SOL would be 4 years but once again, you have to get your info direct from the source which is the Ohio state statutes.

When it gets down to the wire and they have you by the throat then you may need to actually go to the law library nearest you and actually read the annotated statutes. Look for the notes in the back of the book. That tells you what the real scoop is most of the time.

There are always two sets of law books. One is the state statutes and the other is the statutes annotated. You always want to consult the annotated statutes.

One thing I haven't harped on much is the aspect of using only the annotated statutes and using your local law libraries. Go get familiar with them. Get to know the librarians and seek their help and assistance. They are usually extremely knowledgeable and willing to help you find what you need.

Your law library is definitely one of your best friends in time of need. Go there and learn to use it.
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New Post/Thread Notification: CreditWrench

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Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Please help.

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Dear Creditwrench, I have a problem I live in Ohio and I have a Hospital Bill from 1999 in the amount of $3,200 that a local collection agency has, they seem like they are going to sue me because of the phone call I got from them the other day, so I looked at our public records online here in the county I live in and that hospital is sueing alot of people for old bills and small ones and I fear I am next, I know you charge for this information as you should, but I am in a very bad spot right now and could never come up with money even on payments, I have run across the worst luck recently and it does not seem to be getting any better, and if this agency takes me to court it will kill me, I would greatly aprreciate anything you or the people on your board could help me with, the last thing in the world i need is to be sued by these vultures, they dont care a single father trying to raise 2 daughters cant pay a $3,200 bill, and to make things worse last week the same day they called I was on my way to work my car blew the head gasket and now im without a car or anyone to ask for a ride, when it rains it pours i guess, but if you or anyone else on the board can help please respond, I would be forever greatfull, thanks, Brian.
It seems to me that if they do file suit you might want to look at the statute of limitations defense. That is very simple to do so if it applies to you then you would not have to do all the complicated stuff that has to be done to win a more "normal" credit card type case.

If the SOL fits your situation then your answer might be nothing more than a simple motion to dismiss for failure to state a claim upon which relief can be granted.

If that is true then you would not need to worry about all the rest of the arguments, admissions, affidavits and "junk" that has to go into winning a more complicated situation.
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New Post/Thread Notification: ASK AN ATTORNEY

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Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=700

Here is the message that has just been posted:
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I apologize humbly if you feel that you have been misled. Was not my intention, nor I'm sure Mikes either. The information you received was accurate, that I can assure you. I dunno, but maybe sometimes I'm a little too eager to help others.
Let's not get too upset with each other around here.

Our attorneys automatically get a heads up on every message posted here. At least WestCoast Litigators does and any other practicing attorney can get the same notifications by email when messages are posted in this forum as well by simply asking me to set it up for them. Then they can answer or not as they have time and see fit to do so.

If one or another of our attorneys don't answer withing a day or two then I do hope other knowledgeable members will jump in and do the best they can as they have just done. No problems there.

On the other hand, the poster's question was placed in the forum on Sunday so that may be why he didn't get a real prompt answer from one of our attorneys.

But what is important here is that nobody feels "chastised" because they posted an answer. It might help if those of us who are not attorneys and answer here post a little disclaimer along with their message in this forum.

That never hurts anyway.

I'm not an attorney type of thing. I've seen some fairly funny ones in various forums and a little humor never hurts either.
LOL
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New Post/Thread Notification: ASK AN ATTORNEY

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ICU812 has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

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Well you are getting the idea.. However this part of the site is for the response of Attorneys only..Which I am not and I do not think ICU is either.. Rather then get Bill upset about this please move your questions to the open forum..

You will get basically vague anwers there as well...The answers you seek and the way to solve this is with-in the Creditwrench family,, If you want to stop these guys cold and it looks like you may have actionable violations think about becoming a student.. What you learn as a student is something you will carry for life and no one will want to mess with you after you have had some experience in handling these things..
I was thinking the exact same thing Mike and no, I am not an attorney.

Raidix, you have a choice of fighting them pro se or hiring an attorney or just rolling over and paying them. The CA wants you to make the last choice. If you file suit on them they have to hire an attorney to defend themselves. They don't want it to get that far, because of the expense. It could cost them $1000.00 just to reach a settlement. To file suit on you would probably cost more than that in litigation fees. And they would have to prove their case. So they do the next best thing, which they already have - they ruin your credit report, hoping you'll come crawling.
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New Post/Thread Notification: ASK AN ATTORNEY

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Raidix has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=700

Here is the message that has just been posted:
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Write to the CRA's and ask them. Be polite, tell them you have disputed it with the CA and that you are wondering why it is not listed as in dispute. Request that they validate and ask for the name of who they contacted, address, phone number. Tell them to take the additional time if necessary. I believe it's 30 days +15. They should correct it or say it's ok as is. If it's the latter, I suspect it's proof that the CA didn't report it to the CRA as in dispute. That's a violation. The denial for the construction account is additional damages. $How$ much you will have to determine.Just to clarify if I understand your statement:

1) I write to CRA's requesting that they validate debt and provide me with method they used to validate debt.

2) If they indicate that the C/A responds to their requestion for validation with ANY communication re: this alleged debt OTHER than directions to the CRA's to remove the debt from collections, this is PROOF that it was not initially reported by the C/A as disputed and is, in fact, ANOTHER violation of FDCPA, since the C/A was obligated to validate debt to me PRIOR to reporting to CRA's, and is obligated by Section 809 (b) to cease collection of the debt until verification is mailed to the consumer by the debt collector?

Is this what you are saying?

Thanks AGAIN!
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New Post/Thread Notification: ASK AN ATTORNEY

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Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

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Well, I'm not about to get upset with him for asking the opinion of one of our resident attorneys. After all, that is what this forum is for. If our resident attorneys feel that there is some reason his post should not be here then in most cases I leave that decision to them. This is their forum and they can pretty well react, answer or not answer as they see fit.

Be that as it may, there are some strategies that attorneys simply won't use or can't use that are successful. I'm currently working on one here in Oklahoma trying to get a collection agency nailed for unauthorized practice of law and their attorney nailed for aiding and abetting them. I'd have no problem getting that job done in many states because I have a lot of case law covering this particular situation. In California, Florida, Texas and Michigan these birds would be dead meat legally speaking. In Oklahoma I can at least attempt to get the attorney nailed because he can't aid another in the unlawful practice of law here but the problem is going to be to find some Oklahoma or even 10th circuit case law to nail the debt collector with. Haven't had any luck with that yet. I may just have to have the student file the counter suit and see what happens when the judge rules on it.

I really don't like that option either because of course I don't know how the judge will rule if he don't have local case law to go by. The only hope I have is that I happen to know that the judge is a fair fellow and leans over backwards to do all he can to give pro se litigants the benefit of the doubt. I've seen him spend an unusual amount of time explaining to pro se litigants what it is that they have done wrong or have not done what they should have done. Then he recommends that they get a lawyer. Only problem with that is that in every case the pro se has consulted with counsel or the plaintiff's attorney has screwed it up badly enough to scare any pro se off of attorneys.

I've got another case that is pretty badly mishandled by the plaintiff's attorney too and I'm really afraid of that one because I also know the judge in that case and that judge is a real purple people eater.
LOL

I've already told the pro se he could count on losing the case no matter what he pleads or how he goes about it. The judge is so bad that I honestly believe that although I hope I turn out to be wrong, of course.

The only thing the pro se can do in that case is to be sure he has his grounds for appeal built in and I don't think that is going to be the least bit hard to do because the plaintiff's attorney has bungled the case so badly that getting an appeal going should be no problem at all.


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