Creditwrench CEO Blog

Thursday, August 04, 2005

New Post/Thread Notification: CHIT CHAT

Hello,

Creditwrench has just posted in the CHIT CHAT forum of CreditWrench under the title of Jurisdictionary is a real winner..

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=733

Here is the message that has just been posted:
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<div class="moz-text-html" lang="x-western"> <div><img alt="" src="about:blank" align="bottom" border="0" hspace="0" /> Jurisdictionary ®</div> <div align="center"><a name="_Toc29733906">How to Win</a> </div> <div align="center"> </div> <div align="left"> <div align="left"></div> <div align="left"> <div> <div></div> <div> <div> If you want to win your lawsuit, the first thing to do is understand it is a law-suit ... not a creative writing contest.

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</div> <div> If you ignore the rules of procedure, write 30-page pleadings, file motions without setting them for hearing, and fail to exercise your powerful right to discover evidence from the other side and from non-parties like the phone company or an expert witness, you might as well give up now.

</div> <div> Jurisdictionary gives you these 3 essential keys ... power you need to control crooked lawyers and corrupt judges.</div> <div> </div> <div>1. The rules of causes of action.</div> <div>2. The rules of evidence.</div> <div>3. The rules of procedure.

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</div>
<div> ----------------------------------------------------------------------------------</div>
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</div> <div align="left"> </div> <div align="left"> If you play by the rules we teach ... you can make everyone else play by the same rules ... and your chances for winning are multiplied ten-thousand-fold.

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<a href="http://www.jurisdictionary.com/index.asp?refercode=BB001">www.Jurisdictionary.com</a><o:p></o:p>

<o:p></o:p> <div align="left"> </div>
</div>
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New Post/Thread Notification: CreditWrench

Hello,

genuwine84 has just posted in the CreditWrench forum of CreditWrench under the title of First victory with the wrench.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=735

Here is the message that has just been posted:
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I received a letter in the mail today from Genesis Financial Solutions after sending first payday letter last week. This is what the letter states:

Re: Smart Energy Account Number Blah Blah Blah

Dear Mr. Genuwine84:

This letter is in response to your recent inquiry regarding the aboved referenced account.

Please be advised that Genesis Financial Solutions, Inc cancelled the account in February 2005. In addition, we requested the credit reporting agencies remove any information reported by us regarding the account from your credit profile. Until the credit reporting agencies have updated their files, you may use this letter as confirmation of our action.

If you have additional questions, please contact our Customer Relations Department at 1-888-615-8762, Monday through Friday, 8:00 am to 5:00 pm, Pacific Time. Any representative will be able to assist you.

Sincerely,
Customer Relations

THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILLL BE USED FOR THAT PURPOSE.

I started this process back in December but dropped the ball on sending the 1st payday letter until last week. Apparently the issue was already resolved after the second letter. The only issue that still remain is the inquiry on my credit report. Hopefully I wont have to sue the credit bureaus to have that removed. I guess the next step would be to dispute the inquiry by sending a copy of this letter to the bureaus. The debt was only for $81 so I did not see them trying to file a suit over that. Additionally, I had several violation of FDCPA on them.
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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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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 live in Tulsa and law firm is located in (Love, Beal & Nixon) Oklahoma City. I'm not sure about any violations thast they have committed.

I just get phone calls, letters (not CRR) just mailed by ordinary postage. I have only talked with them once after numerous calls, denied knowing what they were talking about and ask them for validation of the debt.

They mailed a copy of a credit card statement as "verification" two weeks and now (yesterday) I recieved a summons. Then you are going to have to answer that summons and if at all possible come up with a valid reason to countersue them. Don't worry about the fact they didn't send their letters (CRR) as there is no requirement whatever that they do that. You have to do it but they never do. Ordinary postage is plenty good enough for them.

You have been posting here for quite a while and have been coming up with some good posts so I'm very surprised you didn't realize that. I'm also very surprised by some of the other things you are coming off with.

Be that as it may, you are obviously going to need some serious help and although I do know some lawyers and other people over there in Tulsa like Vern Holland, Frank Taucher, Greg Phillips and others and they are mostly interested in tax matters or child custody and support matters. Father's rights and stuff like that. They were mostly members of Dan Meador's group and they used to meet regularly at Hardesty Library but of course when Dan died that sort of put an end to that group and nobody seems to have picked up since then.

I don't know of anybody in Tulsa whom you might contact for help with your kind of problems. It is also too late for the Creditwrench program to help you any so if you want me to help we have to get into a much deeper level than that.

Coming up with a proper answer to the court is pretty simple but it is what has to come after that which gets involved.

You can give me a call if you want to get into it.
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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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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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Your correct about the other procedures, other than just disputing. If they can't validate the debt (signature on the original contract) and only verify the debt (copy of statement) and the original address of the original creditor will this be enough to win a judgement ?
Seems to me that you are making some statements there that just won't hold up. (signature on the original contract) has absolutely nothing to do with validation of a debt. Your next phrase, (copy of statement) does not "verify a debt" is also totally incorrect. Put together they are very misleading. To a newbie it would probably seem that you really know what you are talking about and putting out information that they really like to hear. Just imagine!

If they don't have a copy of a contract with my signature on it and they don't have a copy of a statement they can't get a judgment against me and of course that is total hogwash.

People need to understand that in most courts the mere fact of a plaintiff's attorney filing a lawsuit against "Average Joe" is more than enough to establish the presumption that "Average Joe" has unjustly enriched himself at Poor Plaintiff's expense and that is a wrong which the Honorable Judge Belch is dooty bound to remedy at all costs. Judge Belch don't really care whether Poor Plaintiff has any evidence or not. Judge Belch don't really care whether Poor Plaintiff has any contract or not. After all, Poor Plaintiff is usually a nationally known bank or collection agency and everybody knows they don't lie, don't accuse people falsely and do great public services.

So Average Joe is at a huge disadvantage at the outset because the court has a mindset against the bum. And that is not to say that Judge Belch is crooked, dishonest, corrupt or anything else.

If Average Joe wants to win he is going to have to do some pretty fancy hoop jumping unless he can prove beyond a shadow of a doubt that he already paid the debt or is not the person Poor Plaintiff thinks he is. Frivolous arguments such as you suggest are not normally going to win the day in court.

Average Joe is going to have to know his rules of civil procedure, know the causes of action, and understand the difference between a competent witness or proper affidavit and heresay. He is going to have to understand how to prepare a proper answer to the court and find the defects in Poor Plaintiff's arguments and even that isn't likely to be enough to beat Poor Plainiff in court before Judge Belch for the simple reason that Judge Belch don't want to waste a lot of time listening to Katz & Katz (http://www.freep.com/news/locoak/katz3e_20050803.htm) and Average Joe blowing hot air back and forth bickering over the finer points of law.

So the only real hope Average Joe has is to prove to Judge Belch that Poor Plaintiff and Katz & Katz (http://www.freep.com/news/locoak/katz3e_20050803.htm) have wronged him woefully, broke the law and denied him his rights under the law as well as having harassed him unmercifully and are now before the court guilty as sin while trying to collect a totally unreasonable amount of money and at usurious rates of interest.

Average Joe simply isn't going to get that done by hollering about their not verifying the debt. It takes a lot more than that to win.
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New Post/Thread Notification: CreditWrench

Hello,

ICU812 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

Creditwrench CEO

Thursday, August 04, 2005

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