Richard Cornforth Seminar in Oklahoma City

A Richard Cornforth seminar will be held in Oklahoma City, Oklahoma on February 29, 2008 through March 2, 2008. There will be a group supper on Friday night followed by two days of teaching by Richard Cornforth and will cover all the topics in his new and revised book entitled Secrets of the Legal Industry II..

CREDITWRENCH-THETRUTH

Motion to dismiss

CREDITWRENCH-THETRUTH

Name: Jerry

Subject: Motion to Dismiss?

Question: QUESTION: Hi,

I did asked for vertification of proof debt (credit card) with Chase Bank, an attorney must be idiot, he sent me the same statements copies of charges by the mail that I asked for strict proof of documents, up to date, he did not do it so I sent 2nd letter to demand more information to force him to dismiss the lawsuit on Jan 7, 2008. Let me know what do you think of this letter I sent to this idiot attorney.

My question, if this attorney do not provide proof before the hearing, should I argue at the court or file an motion to dismiss before court date based on this letter?

By the way, I do think you are doing excellent job helping those people with this stuff. BIG KUDOS TO YOU!

Thank you for your help.

Jerry

--------------------------------------------------

I am the Defendant in the above matter.

I received the few documents from you concerning the above matter; however there seems to be a lapse in dates of documentation; as well as omitted documentation that should have been included.

Please forward to me the following documents:

A Copy of the ORIGINAL signed Chase Bank - Credit Card Application,

A Copy of the COMPLETE Payment History Concerning this Chase Bank Account,

A Copy of each Monthly Statement during the active Months/Years of this Account,

Signed Contracts or Any Agreements between you & Chase Bank that you personally; or you has been assigned to the debt in question. Please include dates of said Agreement/Contract & Signatures of all parties involved in the requested Agreement/Contract,

Sworn Affidavits to the Authenticity of all Documents,

Document Chain of Command, (to include Sworn Affidavits to said documents).

Thank you in advance for your cooperation and attention to this matter.

ANSWER: No, that letter isn't likely to do you any good at all. The reason is that you are asking for that which is provided you through the vehicle of demand for production of documents. That has to be done by sending the plaintiff's attorney a demand for production of documents. How to do this is somewhat outlined in your rules of civil procedure. Attorneys will quite often fail or refuse to do that in which case you have to subpoena the documents you demand. In the event that you are serious enough about your quest you can go so far as to demand electronic discovery of all related information on all of the attorney's electronic devices. That would include all computers and their hard drives, PDAs, cell phones, dictation equipment and any kind of electronic device whatever. As you might imagine the cost of doing so would be prohibitive indeed, usually running well above #10,000 since such searches have to be performed by outside data recovery specialists with legal backgrounds and their findings have to be turned over to the court for it's approval before it can be released to you. Such searches usually start at $10,000 and go up steeply from there so you certainly aren't going to go there unless you are dealing with a case worth millions of dollars. But you can subpoena the information if they refuse to give it after demand for production of documents has been sent to them. Of course, they will object to your subpoena and then you have to get the judge to order it. So you should send your demand for production of documents along with your demand for interrogatories and admissions. These are usually sent all at the same time. You are limited as to the number of interrogatories you can send in all courts. Therefore you will only want to ask a few questions at first then wait to see what comes back before sending more and better ones. That is only one of the reasons why demand for more definitive statements is so important and so valuable. In making your demand for more definitive statements you are not under the discovery rules limiting the number of questions you can ask so you can get most of the questions you might ask via interrogatories answered and will have a much better base upon which to build your demand for interrogatories. Lawyers will often complain about your having filed motion for more definitive statements in lieu of an answer to their complaint and refuse to answer but unless the judge denies your motion for more definitive statements (also known as a bill of particulars) the attorney will have to answer. Most judges will allow that but if they deny then you follow up with demand for bill of particulars. If the judge denies that then you have grounds to appeal that decision as a denial of due process of law. So don't send that as a letter but rather send it as a demand for production of documents. Also I would not include the demand for each monthly statement as you propose to do above. That one can kill your defense. I teach that a better approach is to file suit in federal court for providing false and misleading information to a consumer when they fail or refuse to provide those documents. That makes the cheese a whole lot more binding for them.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your reply, greatly appreciated. It is for $15K credit card debt by collection agency but transferred to an attorney for debt collection, I did challenge it on the answer form stated "no standing relationship between original creditor chase bank to this attorney retained by collection agency "capital investment inc". I can use this defense in the court, up to date, there is no proof of this relationship except the summon papers stated "assignee of chase bank" that is crap of bull. Excuse my language. I look forward to hearing from you about what you think of that?

Thanks.

Answer: I really have no comment about that except that no proof of relationship is not going to get you anywhere in court because the judge knows that the attorney didn't just invent this alleged debt.

How to answer a summons

CREDITWRENCH-THETRUTH

Questioner: LaTonya
Category: Collections Law
Private: Yes

Subject: summons
Question: I was served yesterday with a summons saying I am being sued for a old credit card debt( Providian). According to my credit report the debt has been charged off. The debt is also out of the SOL. The summons says I need to file a written answer. is there a form used for this and how do I file this written answer?

Answer: In the first place, if the summons was the first communication from the law firm I would check to see if the complaint contained all of the required miranda warnings. If it did not I would wait 5 days to see if they send me a letter which contains all the required Miranda notices.

I would then send a demand for validation to the attorney so that if he failed to provide proper validation or moved forward with his lawsuit without doing so I would have additional causes of action against him in federal court. Then I would prepare my motion to dismiss and wait until about 5 days before the deadline date on the summons and file a motion for more definitive statements first then follow that with all 5 of my discovery options in the proper order. Here is a great movie by Creditwrench CEO Bill Bauer teaching about motions for more definitive statements.
Bill Bauer live


I would also probably file some motions to dismiss for whatever reason that might arise. If I were to receive a summons for a debt that was out of stat however I would probably file a motion to dismiss with prejudice first because that would be more likely to succeed.

My next step would then be to file a federal lawsuit against the attorney for misrepresenting the legal status of the debt plus whatever other violations might have committed.

Some courts have forms that can be used but most of them don't allow enough room or proper options. I'd rather make up my own documents than to even bother with any court forms.

You can check with the clerk of the court to see if they have any such forms and if they don't you will just have to learn how to do it without such forms.

A very few state courts have forms that you must use for such purposes but you can follow those up with explanatory briefs in most courts which require you to use specific court provided forms.

Creditwrench students learn how to do all of this very quickly. They start off by going to http://www.creditwrench.com then visiting our message board at http://consumers.creditwrench.com and then becoming actual creditwrench students.

Old debts being collected on

CREDITWRENCH-THETRUTH

Questioner:	Nicole
Category:	Collections Law
Private:	No
Subject:	Type of debt
Question:	I have received a call from a debt collector regarding a bill from 1998. I know the statutes for collection in my state, however it has four different kinds of dept listed-oral, written, open ended, and promissory note. However I do not know what kind of bill a phone bill is considered. I do not believe that this bill is mine, but it would be a lot easier to get cleared if it is too late to collect. Do you know what type of bill a phone bill is considered?
Answer:	Telephone bills, much like credit cards are an ongoing offer of credit. The company provides the service then bills you for it at the end of each month or billing period. So the same statute of limitations would apply. I fail to understand why you think it will be any easier to get cleared if it is too late to collect. Debt collectors often demand payment on debts that are more than 20 years old no matter what the statute of limitations might be. They rely on the fact that most people don't know about such things as statutes of limitations and will often pay the bill whether they owe it or not just to keep themselves out of trouble. If they know about the statute of limitations they often ignore the debt collector because they think that the debt collector can't collect it. They often learn the hard way that if the debt collector files a lawsuit and they don't defend by filing a proper response to the complaint the statute of limitations means nothing and they will get a judgment. They also rely on the fact that finding competent legal help at a reasonable price is not an easy thing to do. The lawyer costs more than just paying the debt in many cases. The debt collector gets paid on out of Stat debt so often that it is very profitable to buy those old debts for pennies and go for the entire amount. Folks need to learn how to deal with abusive debt collection practices like that and do it without having to resort to lawyers or credit repair organizations. It just isn't all that difficult. The first step is learning how to combat the phone calls. To learn about that all anyone has to do is to go to www.creditwrench.com/18questions.html and then visit my message board at consumers.creditwrench.com where they will get lots of tips and tricks and inside information about dealing with debt collectors. They will learn how to stop them in court without resorting to lawyers and sue them for their abusiveness in federal courts. They can also learn how to do it by calling 405-616-7901

PCMHODINGS.COM and Uncle Normie support sex offenders.

CREDITWRENCH-THETRUTH

E. Normis
Expert Member



Joined: October 12 2004
Location: United States
Online Status: Offline
Posts: 1442

Posted: August 30 2006 at 12:44pm | IP Logged

This guy can do it in an hour and for half the price the tool charges. Plus, with the tools methods there is a high probability of your getting sued, garnished, evicted, and imprisoned.

This guy has a fabulous record and I greatly support him. Here is his record.

http://www.cr.ex.state.ut.us/asp-bin/sexoffender.asp?offender=452&addrid=953&jurs_flg=N&name_id=0 http://www.kscourts.org/ca10/cases/2003/08/02-4129.htm
A blog is devoted to him here : http://rip-off-report.blogspot.com/

Creditwrench-thetruth's latest scam

CREDITWRENCH-THETRUTH

There is a new web site out there called CCH CONSULTING. Of course, they are supposed to have the latest and greatest credit repair information and all for only $200. Here it is.

https://id317.securedata.net/creditcollectionhelp.com//merchantmanager/

But lets look at that URL a wee bit closer. What about that first part? What does it mean? Is that supposed to mean it's on a secure server so you don't have to worry about the personal banking information you provide when you pay for the info?

Well, I'm sure that is exactly what they would like you to believe, but let's just investigate that a bit closer and see who and what is really behind that "secure" website.

Let's just reconstruct the obviously phony link. Let's make it a bit simpler and see what we come up with.We do have to keep the width down on images or we end up having problems with the blog so here is a link to our message forum where you can see it full size

http://www.creditcollectionhelp.com ought to be about right.

And here is what we come up with.



Ok, not much to go on there, but what happens when we view the certificate to see if it is genuine or what??

Here is where the lid comes off the pot.



AhHA Cried the blind woman as she shook her wooden leg, Ah Ha! Our old friend EQUIFAX!

Now then, I must ask just what kind of a fool would it take to give Equifax $200.00 to tell them how to fix their credit? Especially when you are going to have to give up private banking and other information and tip them off that you are in fact trying to fix your credit???????

So what tells us that something is fishy with this web site before we ever get started?

The very fact that there is no contact information whatever on the web site. That's no different than you stop at some truck stop and some dude in a long trench coat comes up to you and opens up his coat to show you that it is absolutely lined with supposedly expensive watches and asks if you want to buy a Rolex for only $20.00!!! Would you buy one from him? Of course not. You don't know who he is and if those really are Rolex watches then they are probably hot from some jewelry store burglary or the guy is an undercover cop waiting to arrest somebody for trafficking in stolen property. Either way you aren't likely to buy anything from him for the simple reason that he won't give you his name, his address or his telephone number and that is the first sign that a webpage or an email is a scam.

Reputable business people always put their names, addresses and phone numbers on their web pages because they want you to know who they are and how to contact them if you have problems or need help installing their products and making them work. Scam artists won't do that. They just want your money and hope they never hear from you again.

What else tells you its a scam? The fact that the coding was first done on a blog and then copied and pasted into a webpage using dreamweaver or maybe front page or coffeecup or whatever. The coding is all strange looking unless you don't know what html coding looks like. Then you wouldn't know the difference unless you checked out the source coding on that web site and then checked out the coding on a legitimate website.

Believe me, its easy to do.

So what else told me it was a scam? The fact that the link was posted on a debt collector's message board. That's enough to raise your hackles in the first place.

(LOL)

So watch out for these scam artists and don't fall prey to their shennigans.