Monday, September 8, 2008

[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of rss:Debt Law Network.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3496

Here is the message that has just been posted:
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Richard Rosenau received a debt collection letter from Unifund Corp saying it was from the Unifund Legal Department.* Rosenau learned the Legal Department consisted of six employees, four of whom are Legal Liasons who handle various daily clerical duties, one is a Project Coordinator and one is an Administrative Assistant.* The Legal Department is supervised by a Vice President of Legal Operations.* No one in the Legal Department is a lawyer.
Rosenau felt deceived and filed a lawsuit under Fair Debt Collection Practices Act (FDCPA) 15 U.S.C. 1692e(10) alleging Unifund used a false representation or deceptive means to collect a debt.* While he was at it, he included a request to act as a class action representative on behalf of similarly situated persons who received letters from the same Legal Department.* Unifund defended on the basis that the letter is not from a law firm and is not signed by an attorney.* Two courts agree.
The District Court in Eastern Pennsylvania believed the letter was not deceptive and concluded it would be bizarre or idiosyncratic to infer that it came from an attorney.* On appeal to the 3rd Circuit, that Court agreed and said "using the term Legal Department is not equivalent to using the letterhead or signature of an attorney."* The Appellate Court took a subjective look at the facts and said "different legal departments have different functions."* After reviewing the evidence, the Court concluded that Unifund had a Legal Department, therefore the broad allegation of deception under 1692e(10) was meritless.
Note:* As I discuss in Debt Collection Letter May Not Falsely Imply it is from Lawyer, this Court remanded the case to the District Court for further action on Rosenau's 1692e(3) allegation that the letter falsely implied it was sent by a lawyer.
*If you liked that post, then try these...*

Debt Collection Letter May Not Falsely Imply it is from Lawyer (http://www.debtlawnetwork.com/debt-collection-letter-may-not-falsely-imply-it-is-from-lawyer/) by Andy Miofsky, Illinois Consumer Law Attorney
How Long Does It Take A Check To Clear (http://www.debtlawnetwork.com/how-long-does-it-take-a-check-to-clear/) by Andy Miofsky, Illinois Consumer Law Attorney
Bill collectors don't care where you get the money - just pay them! (http://www.debtlawnetwork.com/bill-collectors-dont-care-where-you-get-the-money-just-pay-them/) by Pamela Stewart

More... (http://www.debtlawnetwork.com/feed/)
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[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of rss:Debt Law Network.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3460

Here is the message that has just been posted:
***************
Collection attorneys without warning of a bankruptcy stay won an action by farmers against them last week.* The Court ruled 1) actions for violation of the bankruptcy stay require a warning letter, and 2) consumer protection laws don't apply to collection of Kansas agricultural debts. _Smith vs. Butler_, 07-7065, (D.Kan. August 29, 2008).
The Smiths are family farmers who wrote bad checks to the local cooperative for fuel and cattle feed. The Smiths filed a chapter 12 bankruptcy two months later.* The attorneys sued the Smiths in state court to collect the checks.* The Smiths sued the attorneys in bankruptcy court for violation of the bankruptcy stay on collection and for violations of the "Fair Debt Collection Practices Act and the Kansas Consumer Protection Act.
Debtors lost their stay violation claim because they didn't tell the collection attorneys about the bankruptcy filing. Citing Johnson v. Smith (In re Johnson), 501 F.3d 1163, 1172 (10th Cir. 2007), the Court ruled that recovery under 11 U.S.C. 362(k)(1) requires proof that the creditor knew of the automatic stay and intended the actions, though no specific intent is required.
The Court found the following uncontroverted facts to be true: the Smiths did not respond to collection* letters.* The attorneys filed a collection lawsuit.* The Smiths, knowing they were debtors in a bankruptcy case, did not tell the attorneys about the bankruptcy case in their state court answer to the lawsuit.* In a reply to a counterclaim, the Smiths finally disclosed the bankruptcy.* The collection attorneys dropped the lawsuit once they knew of the bankruptcy.
The Court ruled against the debtors on the consumer violation claims saying the those laws did not apply to Kansas agricultural debts.
*If you liked that post, then try these...*

Is All Debt Collection Governed By The FDCPA? (http://www.debtlawnetwork.com/is-all-debt-collection-governed-by-the-fdcpa/) by Karen Oakes, Southern Oregon Debt Law Attorney
How Does the 3rd Circuit Determine FDCPA Violations (http://www.debtlawnetwork.com/how-does-the-3rd-circuit-determine-fdcpa-violations/) by Andy Miofsky, Illinois Consumer Law Attorney
Some Attorneys are Not Debt Collectors - In House Counsel (http://www.debtlawnetwork.com/some-attorneys-are-not-debt-collectors-in-house-counsel/) by Andy Miofsky, Illinois Consumer Law Attorney

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***************

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Sunday, September 7, 2008

[creditwrench newsletter] New Post/Thread Notification: CreditWrench Resources

Hello,

Creditwrench has just posted in the CreditWrench Resources forum of CreditWrench under the title of The time has come the Walrus said to speak of ..........

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3457

Here is the message that has just been posted:
***************
RSS feeds and why they are so useful. Not only are they extremely useful but they are also easy to use. All you need is a feed reader and a little knowledge to help you keep on top of anything and everything going on in the world today.

Knowledge and information is spreading so fast that without RSS you can't possibly keep up with even a small fraction of the information on whatever subject you might be interested in or need information about.

As you might have noticed I have added a large number of RSS feeds to this board to help you keep up with the latest in new technology, court cases, law reviews and more. Now I have discovered a brand new search engine that will RSSify your searches. As I search for new things relevant to the subject matter we cover here I will be adding those searches to the RSS feeds here. That means that whatever is mentioned almost anywhere on the web about the item I searched for will be constantly updated as new developments are found anywhere on the web. I'll be adding a new category to illustrate those searches and to bring you new search tools that you can use to enhance your searches. That category will also have links to many different search engines since the world of search engines is growing rapidly.

So how do you get the same results since you don't have a message board to post your search results on and probably don't want one either. The answer lies in a free program called Mozilla Thunderbird. It is an excellent email program that will let you aggregate all your emails from any number of email addresses you might have such as Gmail, Hotmail, and most others and get new mail from them as it comes in.
Thunderbird also has an RSS aggregater feature that lets you keep track of all your RSS feeds. So all you have to do is use the RSS search engine and put the results in Thunderbird and keep up with all the latest news related to the search you just made easily and quickly. All you have to do is put your search term in the box below and you will be taken to the search engine website and the results of your search. When you get there look in the URL bar at the top and you will see an icon that looks like this: [IMG]file:///C:/DOCUME%7E1/admin/LOCALS%7E1/Temp/moz-screenshot-7.jpg[/IMG][IMG]file:///C:/DOCUME%7E1/admin/LOCALS%7E1/Temp/moz-screenshot-8.jpg[/IMG]<img
Here is the link to that new search engine.


<div class="container"><div class="align-right box">
<a name="a2a_dd" onmouseover="a2a_show_dropdown(this)" onmouseout="a2a_onMouseOut_delay()" href="http://www.addtoany.com/bookmark?linkname=feedmysearch -Turn google searches into usefull rss feeds&linkurl=http%3A//feedmysearch.com"><img src="http://static.addtoany.com/buttons/share_save_171_16.gif" width="171" height="16" border="0" alt="Share/Save/Bookmark"/></a><script type="text/javascript">a2a_linkname="feedmysearch -Turn google searches into usefull rss feeds";a2a_linkurl="http://feedmysearch.com";</script><script type="text/javascript" src="http://www.addtoany.com/menu/page.js"></script>
</pre>
</div>
<div class="span-24 last align-center">
<a href="http://feedmysearch.com/" title="FeedMySearch ! Oh yeah !"><img src="i/feedmysearch.png"/></a>
</div>
<div class="span-24 last align-center">
<form action="http://feedmysearch.com/getrss.php" autocomplete=off>
<input type="text" name="q" id="q" value="" maxlength="255" style="font-size:1.5em;padding:.3em" class="span-10" />
<select name="where" style="font-size:1.5em;padding:.3em">
<option value ="web" >web Search</option>
<option value ="news" >news Search</option>
<option value ="video" >video Search</option>
</pre>
<option value ="blogs" >blogs Search</option>
<option value ="local" >local Search</option>
<option value ="books" >books Search</option>
<option value ="images" >images Search</option>
<option value ="patent" >patent Search</option>
</select>
<p class="box white">
</pre>
<input style="font-size:3em" type="submit" value="Feed My Search !" />
</p>
</form>
</div>
<div class="span-24 last align-center">
<h3 class="quiet">Turn your usual Google searches into tiny rss feeds.<br/>
Get instant updates whenever a new result appears <span title="On the first 30th results actually. Perfect in most cases">significantly</span> on Google<br/>
Free yourself from the noise of results moving up and down ! Only get what is new to your search.<br/>
Save time for other activities !</h3>
</div></pre>
***************

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[creditwrench newsletter] New Post/Thread Notification: Credit repair discussions

Hello,

Creditwrench has just posted in the Credit repair discussions forum of CreditWrench under the title of The Simple Dollar.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3446

Here is the message that has just been posted:
***************
Image: http://farm3.static.flickr.com/2415/2089487917_ce5a8b0be4_m.jpg (http://www.flickr.com/photos/russellbernice/2089487917/)After six years of dating followed by five years of marriage, my wife and I finally decided to merge our finances together into the same accounts. We're going to use a local bank for teller purposes and paper checks, and stay with ING Direct for much of our checking and savings purposes.
*Why did this take so long?* A lot of people were surprised that we didn't just do this by default when we got married, or even earlier. There were several reasons why we did not.
First, *we didn't have genuine conversations about our personal finances before we got married.* As our relationship grew, we had deep conversations about almost everything except for our money. It wasn't until three years after our marriage (and some serious financial troubles (http://www.thesimpledollar.com/2006/11/08/the-road-to-financial-armageddon-8-meltdown/) along the way) that we finally started talking seriously about our money decisions.
Second, *we kept many bills separate from each other.* There were simply some bills I paid and some bills she paid, carried over almost directly from our dating days. In short, we just let inertia carry us, instead of rethinking things. This worked really well most of the time, but it made a clear accounting of our financial situation almost impossible. If one of us had a larger bill than normal, could we rely on the other one's income to pull us through? This was never clear, and we often just muddled through.
Third, *we were both fairly concerned about privacy.* Not so much in the sense of directly hiding things from each other, but in the sense that it gave the other person free reign to leaf through our spending, likely making judgments on our individual spending choices. It was something that we were both very uncomfortable with for a long time - and something that we've become more comfortable with as we've talked more and more about our finances.
*How did we come to this decision?* Mostly, we came to realize that we were simply in a different place than before. Instead of each of us handling our own bills and not really paying attention to what the other was doing, we were pretty clear on what we both were doing. We watched each other grow more careful and frugal with our spending and we came to trust each other's spending habits more.
We also began to realize all of the little ways our separate accounts were costing us. Instead of having a complete financial picture whenever we needed it, we often strained and stretched to cover our individual bills ourselves. We also realized that some of our banking choices were still dinging us with fees, and there was no better time than the present to start over and choose a better account.
*How did we choose a bank?* We basically did a canvas of all of the banks within a fifteen mile radius, comparing their basic checking account offerings. We wanted a free basic checking account with free checks and free online banking, plus reasonable hours. Ideally, I wanted one that I could easily reach on a bicycle ride.
Basically, we wanted easy access to a real live teller for services such as check cashing and change redemption, plus a paper checking account that had no maintenance fees, online banking access, and a wide ATM network. Since we planned on keeping most of our money with ING Direct, we didn't care about interest rates much at all - we mostly sought to avoid fees.
Knowing this, I just perused the websites of every bank in the area, gathering information about their checking accounts, and we found four that had all of the criteria we wanted. We decided to simply select the one of the four with a branch closest to our home.
*One big piece of advice* If we learned one lesson from our experience, it's this.
*Communicate with your partner about money from the beginning, and don't leave anything hidden when you talk about it.*
Complete honesty and regular, deep communication about your finances as you begin to merge other parts of your lives is vital. My wife and I now have very regular talks about our personal finances and we've moved to a complete open door policy of looking at any statements or material that comes in the mail.
This communication opened the door to financial success. We set goals together. We learned what we needed to do to reach those goals together. We created microgoals to help us get started along that path. We talked through our important decisions.
And now, our financial future is completely linked.
Image: http://feedads.googleadservices.com/~a/LZDY9yK8FQ8sLweDNeNN8g2HTJI/i </img> (http://feedads.googleadservices.com/~a/LZDY9yK8FQ8sLweDNeNN8g2HTJI/a)
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Thursday, September 4, 2008

[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of {rss:Debt Law Network}.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3332

Here is the message that has just been posted:
***************
You read the papers and a company you never heard of, say, Asset Acceptance (http://www.assetacceptance.com/), is suing you.
They bought the bad debt from a credit card company.* This is now a multi-billion dollar industry, big banks and credit card companies sell charged off debt, that is, debt they cannot carry as an asset on their books, to companies that buy bad debts for pennies on the dollar, then try to collect them.
What did they get?
The debt buying company (http://www.michigancollectionlawblog.com/index.html) gets a one page computer printout with your name, account number, and a balance.* No contract between you and Capital One, or, whoever.* No statements.* Not even a breakdown of the principal, interest, late charges, an accounting of how the total balance was calculated.
In Michigan, this is not enough to win a lawsuit.* They cannot prove that you owe the money.
The debt buyers are not concerned with that, as most people do not respond to lawsuits.* With no response, the debt buyer wins by default and moves to garnishment and/or other collection measures.
The debt buyers (http://www.michigancollectionlawblog.com/index.html) and their lawyers know this, and frequently drop the suit if met with a response.
So, as always, when you get legal papers like a lawsuit, contact an attorney.* Just because it was filed with a court does not mean it is true.
*If you liked that post, then try these...*

Should You Voluntarily Give Back Your Auto Before Repossession? (http://www.debtlawnetwork.com/should-you-voluntarily-give-back-your-auto-before-repossession/) by Karen Oakes, Southern Oregon Debt Law Attorney
Creditor Can Not Claim Mistake Defense Without Precautions (http://www.debtlawnetwork.com/creditor-can-not-claim-mistake-defense-without-precautions/) by Kent Anderson, Oregon Bankruptcy Lawyer
More Teeth in the Jaws of the Student Loan Debt Trap (http://www.debtlawnetwork.com/more-teeth-in-the-jaws-of-the-student-loan-debt-trap/) by Kent Anderson, Oregon Bankruptcy Lawyer

More... (http://www.debtlawnetwork.com/feed/)
***************

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[creditwrench newsletter] New Post/Thread Notification: Credit repair discussions

Hello,

Creditwrench has just posted in the Credit repair discussions forum of CreditWrench under the title of The Simple Dollar.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3328

Here is the message that has just been posted:
***************
Image: http://farm2.static.flickr.com/1158/1303101703_585d3d9d59_m.jpg (http://www.flickr.com/photos/peasap/1303101703/)Let me tell you a pair of stories about opportunity.
When I was fifteen years old, I had a long heart-to-heart discussion with my parents. All throughout my childhood, my parents had told me that the door to college was open for me and that if my grades were good enough, they would help me go. What I learned, however, is that our family's finances were simply too tight. My father had suffered a few extended layoffs from his factory job and his commercial fishing on the side wasn't bringing in much money, either. In short, there was no money for me to go to college.
I didn't take it well. I was very, very disappointed, and I withdrew. Prior to this discovery, I had a high school GPA in the 3.8-3.9 range, taking the most advanced classes I possibly could (and in some cases, even more advanced than that, as I skipped a year in the school's math track). For the first half of my high school sophomore year, I basically gave up. I didn't turn in a solid portion of my assignments, and I didn't bother to study at all for any tests. While I never came close to failing anything, I did pile up a bunch of bad grades during that third semester of high school, dropping me far down the list in class rank.
One day, after watching me turn in yet another heartless and mediocre paper in English class, my teacher, Mr. Byrn, sat me down for a few moments before class. He showed me my line of grades in his grade book and flat-out said, "You're better than that. You're one of the best natural writers I've ever had in my class. You have an *opportunity* to do some great things with that mind of yours." I told him that I wasn't going to go to college, and he said, "The only reason you won't go to college is because you didn't try. If you want to go, you're smart enough and you will find the opportunities you need. Just keep your eyes open and take care of your grades and you will go to college. Don't worry about little obstacles like money."
And I believed him.
I got very intense about my schoolwork for the second semester (and thereafter) and pulled my GPA back up to respectability. But, more importantly than that, *I kept my eyes open for opportunity.* I applied for every scholarship that came my way, and eventually, I netted a big one. I wound up with enough scholarship money to go to college.
*Roll the clock forward several years*, to a point in time when I was near my financial meltdown (http://www.thesimpledollar.com/2006/11/08/the-road-to-financial-armageddon-8-meltdown/). As some of you know, I was once an avid player of Magic: the Gathering, a trading card game, and I still have some idea of what the individual cards and packs are worth on the secondary market.
One afternoon in March 2006, I was helping a friend of a friend clean out the back of a recently-closed coin and collectibles shop. In a cupboard in the back, we came across a box - thirty six packs - of a very old, early set of these cards. I immediately recognized that these cards had some significant value on the secondary market. A single pack of these cards can sell for as much as $200 on eBay.
Unsurprisingly, I got fairly excited about this find. I asked the guy I was cleaning up with what he was going to do with these things. He said he planned on having a lot of it appraised. I was honest - I told him that these cards had some significant value, plus they had some personal sentimental value to me (because just seeing the packs brought back some fond memories). He examined the box and noted that they originally retailed for $2.49 and offered to sell me the entire box worth for $4 a pack if I could pay him in cash right then.
The only problem was I didn't have the cash. I couldn't come up with the $150 he wanted for the box in cash right then, and the only friends I had who could easily loan me such cash either had adamant "no loans to friends" policies or had already loaned me money for other purposes. My checking account balance was too low and I didn't have an emergency cash stash either. I asked him if he could hold onto the box for a little while and he said that he would, but a week later when I had the cash, he had already sold the box for substantially more than that.
If I had easy access to $150 right then, I would have been able to buy $7,200 worth of trading cards in one swoop. But because I was completely unable to take advantage of opportunity,
What's the moral of these stories? *Opportunity makes all the difference in the world, but even opportunity doesn't matter much if you haven't prepared yourself to take advantage of it.*
In the first story, about my college preparation, I was ready to let the opportunity of college pass me by because of one little setback, and without a mentor to guide me in a sensible direction, I would have allowed that to happen. In the second, opportunity did pass me by, not because I wasn't aware of it, but because I didn't have the resources I needed to capitalize.
These stories together point towards a handful of truths about opportunity and how you can prepare for it.
*Opportunities come along more often than you think.* I have interesting opportunities all the time, from discovering trading cards in the back of a shop to simpler things like getting thirty pounds of Jonathan apples for free. The Simple Dollar itself was an opportunity, giving me a chance to spread my wings and write. Keep your eyes open at all times and many opportunities will come your way.
*Mentors and strong relationships are the best things you can have to improve your chances at opportunity.* Opportunities usually come your way through the people around you. That means if you surround yourself with good people, then inevitably good things will happen. One big key for me was finding a mentor who knows more about the field of battle than you do - I've done this several times in my life, starting with teachers during my school days and continuing to today where I've found a few successful writers as mentors. I'm also building a large network of friends in my local community.
*Keep plenty of buffer in your checking account - that means actively spending less than you earn.* Quite often, opportunities can be best taken advantage of by having an amount of cold, hard cash on hand. For example, if I had had $150, I would have been able to quickly snag $7,200 worth of trading cards. It was my own financial mismanagement that made it impossible for me to step up.
*Don't let little setbacks derail you from anything.* It's easy to give up because of a setback, especially one that looks at first glance to be devastating, like my news about college money. But did it really change the fundamentals? I still had the tools I needed to actually get into college - what I was lacking was an understanding of how I could get financial aid and scholarship money to help me attend. By getting past that one obstacle, I was able to keep on my path towards college and take advantage of other opportunities along the way.
*Live an opportunity-heavy life.* That means keeping a constant focus on your goals, having a large social network, and keeping your eyes open for situations that are strongly advantageous for you. If you sit at home, rarely contact anyone, and then feel as though opportunities don't happen for you, it's likely because of you.
*Give opportunity plenty of chances to come knocking, and be ready to answer the door when it does.*
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***************

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Monday, September 1, 2008

[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of {rss:Debt Law Network}.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3304

Here is the message that has just been posted:
***************
Facts:** Creditor states "if you don't make an electronic payment over the phone right now,*I will report you to the Sheriff for Theft of my goods."** Debtor:* "No, no, I will pay you; here's my bank information."
Hmmmmmmm…..who should really be worried at this point?* Do you really even owe the debt?** Jay Fleischman, (http://www.newyorkbankruptcylitigation.com/) a New York bankruptcy attorney, recently wrote about West Virginia warning against debt collectors (http://www.debtlawnetwork.com/west-virginia-warns-against-abusive-debt-collectors/)calling apparently random folks threatening unbelievable consequences if a debt is not* paid immediately.
So, let's look at the rule and see if the facts fit the crime: Oregon Revised Statute 164.075 (http://www.statelawyers.com/Statutes/Index.cfm/StateID:37/ID:47295) states*that Theft by extortionis when
(1) A person commits theft by extortion when the person compels or induces another to deliver property *(TO TRANSFER MONEY VIA ELECTRONIC PAYMENT)* to the person or to a third person by instilling in the other a fear that, if the property is not so delivered *(if the transfer is not made right now)* , the actor or a third person will in the future: *(not right now, but says that they will do something tomorrow, or the next day, or the next….)*
(a) Cause physical injury to some person;* (*okay, that doesn't fit this particular example, but it would for other phone calls I have heard about)*
(b) Cause damage to property;* (*our example does not fit there but it would in other phone calls I have heard about)*
(c) Engage in other conduct constituting a crime;
(d) Accuse some person of a crime or cause criminal charges to be instituted against the person;* DING DING DING and ladies and gentlemen, we have a winner…..the creditors phone call constitutes the crime of theft by extortion….)*
……..
(2*) Theft by extortion is a Class B felony.*
What should you do if a creditor or debt collector is threatening you in this manner?** First, call an experienced debt collection attorney.** Second, if you can't find a civil attorney, then consider calling the sheriff to report that you have been the victim of a crime (if your state has a similar statute).* Write letters to the media if no one takes you seriously.
It is time for debtors to demand protection from criminal acts, whether the acts are committed by those who look like criminals or those who look like creditors.
*If you liked that post, then try these...*

FDCPA Violated By Letter To Attorney (http://www.debtlawnetwork.com/fdcpa-violated-by-letter-to-attorney/) by L. Jed Berliner, Springfield Bankruptcy Attorney
Woman Fakes Obituary to Gain Sympathy from Abusive Debt Creditors (http://www.debtlawnetwork.com/woman-fakes-obituary-to-gain-sympathy-from-abusive-debt-creditors/) by Jill Michaux
What Kind of Damages Can I Get From A Debt Collector For Violations Of The FDCPA? Part 2: Actual (http://www.debtlawnetwork.com/what-kind-of-damages-can-i-get-from-a-debt-collector-for-violations-of-the-fdcpa-part-2-actual/) by Karen Oakes, Southern Oregon Debt Law Attorney

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[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of {rss:Debt Law Network}.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3305

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Darrel McGraw, West Virginia Attorney General recently warned the public (http://www.wvago.gov/press.cfm?ID=444&fx=more) about scam artists who are threatening consumers about Internet payday loans they never obtained, or paid off several years ago.
McGraw says the scammers pose as law enforcement officers, investigators, lawyers and bankers. They have heavy, foreign accents, indicating they may be from off shore locations or foreign countries, including India. Thus far, they have been impossible to locate and prosecute.
ABC News (http://abcnews.go.com/) notes that the scammers often use obvious fake names, like Denzel Washington or Steve Martin. They call their debt collection agencies believable names, such as US National Bank or United Legal Processing.* One man claims to have worked for them in a company called Financial Crime Division.
These scammers are hard hitting. They threaten consumers with arrest and use phrases that sound like legal terms to the average consumer. They call at all hours, several times a day.* One consumer stated in his interview with ABC News that they frightened him so much, he wired them $800, even though he knew he had paid the debt.
The scammers use unusual tactics when a consumer denies the debt and says they won't pay. The scammer replies by saying, "only God can help you now".
They also harass employers and family members. They call employers and tell the supervisor that their employee has committed fraud and is going to be arrested.
West Virginia residents aren't the only ones to be scammed. The Florida Attorney General's office has heard dozens of complaints about the US National Bank.
Attorney General McGraw states the consumer's best defense is to be informed of the scam so that all demands can be resisted, in spite of frightening but false threats.* But we here at the Debt Law Network caution that consumers who are subject to abusive debt collectors take the additional step of hiring a qualified attorney to help protect their rights under the Fair Debt Collection Practices Act.
*If you liked that post, then try these...*

Who Pays Bills When Someone Dies? (http://www.debtlawnetwork.com/who-pays-bills-when-someone-dies/) by Brett Weiss, Esq.
Landlord charged with serving fake eviction notice (http://www.debtlawnetwork.com/landlord-charged-with-serving-fake-eviction-notice/) by Chip Parker, Jacksonville Debt Law Attorney
FDCPA Violated By Letter To Attorney (http://www.debtlawnetwork.com/fdcpa-violated-by-letter-to-attorney/) by L. Jed Berliner, Springfield Bankruptcy Attorney

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[creditwrench newsletter] 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 {rss:Debt Law Network}.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3306

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The*Fair Debt Collection Practices Act covers letters to an attorney and not only to the consumer.* This is not commonly understood, yet it can add dollars to your ultimate recovery.
The Supreme Court's benchmark decision, which ruled that attorneys are subject to the FDCPA, was itself based upon a lawyer-to-lawyer settlement demand for a false insurance obligation as part of a defaulted car loan. (The Supreme Court's opinion inexplicably described a letter to the debtor plaintiff and not to her attorney.* Heintz v. Jenkins, 514 U.S. 291 (U.S. 1995).

On remand, the Seventh Circuit made clear that the violating letter was to the consumer's attorney: "[D]efendant Heintz sent Jenkins' lawyer a settlement offer asking for $ 4,173 in premiums for this force placed insurance as well as $ 3,000 remaining on the principal balance of the loan (as well as some $ 1,000 in penalties)." Jenkins v. Heintz, 124 F.3d 824, 827 (7th Cir. 1997) (recovery denied for other, evidentiary*reasons).





*If you liked that post, then try these...*

Who is Not Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)? (http://www.debtlawnetwork.com/who-is-not-subject-to-all-provisions-of-the-fair-debt-collection-practices-act-fdcpa/) by Stephen Otto, Pittsburgh Consumer Attorney
Can A Creditor Garnish My Paycheck? (http://www.debtlawnetwork.com/can-a-creditor-garnish-my-paycheck/) by Karen Oakes, Southern Oregon Debt Law Attorney
Should You Voluntarily Give Back Your Auto Before Repossession? (http://www.debtlawnetwork.com/should-you-voluntarily-give-back-your-auto-before-repossession/) by Karen Oakes, Southern Oregon Debt Law Attorney

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[creditwrench newsletter] New Post/Thread Notification: Credit repair discussions

Hello,

Creditwrench has just posted in the Credit repair discussions forum of CreditWrench under the title of The Simple Dollar.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3300

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In my recent article about having a weekly cheap supper night (http://www.thesimpledollar.com/2008/08/21/cheap-supper-night-hacking-one-meal-a-week-to-save-money/), I made the following fairly innocuous statement:I looked into this question for my own family recently when calculating our estimated food costs for a month. Over the period of a month - and this includes the prorated costs of bulk food purchased earlier - I estimated our food costs for our family of four to be around $770. That comes out to be an average of $2.07 worth of food consumed on average per family member per meal.

This simple statement elicited a lot of shocked reactions from readers. Here's a sample.$770 per month on food for a family of 4? Is that a typo?

And- $770 a *month*? Really? That seems awfully high, especially since you garden.

Maybe I misunderstood, but $770/mo seems like an awful lot for 2 adults and 2 kids under 3.

I was thinking $770 was high as well, especially since Trent has a garden.

When I first saw this reaction, I thought perhaps something was off base, so I went through my receipts again (and also added in my own estimates for fractional costs of things used, like spices and garden vegetables) and I came up with the same number again - just shy of $770 for the four of us per month.
After that, I did some research. The first place I looked was in the huge public data available from the federal government, and it didn't take long before I found the data I was looking for. According to the USDA's Center for Nutrition Policy and Promotion, *the average cost for a moderate meal plan for a family of four (http://www.cnpp.usda.gov/Publications/FoodPlans/2008/CostofFoodFeb08.pdf) in the United States is $771.10.* This is substantially less than the liberal food plan, which comes in at $954.60 for a family of four for a month.
In other words, my estimate is pretty much in line with normal food spending in the United States. That seems reasonable to me - a lot of our staples are cheaper, but as I've mentioned many times, we spring for things like organic milk, free range chickens and eggs, some organic vegetables, fresh cheeses, and the fairly regular bottle of wine.
*What Constitutes a "Moderate Meal Plan"?*
The details of what exactly constitutes a "moderate meal plan" is found in USDA publication CNPP-20, The Low-Cost, Moderate-Cost, and Liberal Food Plans, 2007 (http://www.cnpp.usda.gov/Publications/FoodPlans/MiscPubs/FoodPlans2007AdminReport.pdf). Needless to say, if you browse through it, it's extremely detailed.
*But is it reasonable?* I compared what's in both the moderate and liberal food plan to what my family and I actually eats in a given week - and they're pretty comparable, actually. The actual dietary content of the moderate meal plan and what my family eats is pretty similar.
I also looked at the low-cost and liberal food plans and found them only really different in specific food choices - choosing higher quality grains, for example. *Is a loaf of twelve grain bread at the store better for you than a normal whole wheat loaf? Yes, but is it enough to make it worth that extra cost?* Your answer to that question and countless others like it - and there is no right answer for everyone - will determine a big part of your food costs.
*What Would Trent Do? The Healthy-Cheap Balance*
The question then becomes *what's the right balance between healthy food choices and saving money?* Here are a few principles I stick with in my own food purchases. Sometimes they don't produce the cheapest purchase, but they do produce healthy food and they largely produce inexpensive food.
*Stick with staple ingredients.* Usually, buying components of an item is substantially cheaper than buying the prepared item. Stick with the items in the produce aisle and the fresh meats aisle and you'll usually be just fine.
*Buy healthy versions of those staple ingredients.* However, I don't encourage people to buy the least expensive version of the staple ingredients. This is a personal decision you'll have to make up your own mind about - I'm not going to advise you whether a free range chicken is a better choice than a regular chicken, or grass-fed beef is the right choice for you. On most ingredients, my family tends to pay a premium for ingredients with fewer hormonal, herbicidal, and pesticidal treatments, but we're lucky to be in a situation where this is a choice we can consider on merit rather than be pushed into by our pocketbook. Do your own research on this topic and make up your own mind.
*Grow some of your own.* Gardens not only produce very inexpensive produce, they give you a very cheap hobby to fill your time, too. It's not as difficult as you might think, either (http://www.thesimpledollar.com/2007/03/15/how-to-start-a-simple-garden-even-in-an-apartment/), and you can grow whatever your heart desires in your own garden.
*Look at a CSA.* If you're committed to buying healthy produce, look for a local community-supported agriculture group. Most CSAs are strongly committed to sustainable and healthy practices (meaning very healthy food), but it's produced locally, meaning almost no transportation costs. Many CSAs require you to buy shares up front, which entitle you to regular allotments of food over the growing season - and the quantity of food you get is usually a solid bargain. The only catch? Finding a group with an open slot and paying the cost up front for that share.
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[creditwrench newsletter] New Post/Thread Notification: Credit repair discussions

Hello,

Creditwrench has just posted in the Credit repair discussions forum of CreditWrench under the title of The Simple Dollar.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3295

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Each Monday, The Simple Dollar opens up the reader mailbags and answers ten to twenty simple questions offered up by the readers on personal finance topics and many other things. Got a question? Ask it in the comments. You might also enjoy the archive of earlier reader mailbags (http://www.thesimpledollar.com/category/reader-mailbag/).
As usual, we'll start things off with a few links to older articles that directly answer questions I've heard recently.
My thoughts on Dutchmen buying tulips in the year 1637 (http://www.thesimpledollar.com/2007/02/22/what-a-dutchman-buying-tulips-in-1637-has-to-do-with-your-finances-today/)
What's compound interest? (http://www.thesimpledollar.com/2007/02/24/an-introduction-to-compound-interest-with-spreadsheets-part-1-getting-started-and-defining-compound-interest/)
What does compounded monthly mean? What's an APR and an APY? (http://www.thesimpledollar.com/2007/02/24/an-introduction-to-compound-interest-with-spreadsheets-part-2-monthly-compound-interest-aprs-and-apys/)
And now for some great reader questions!
*We just bought a used chest freezer for $50 to help us stock up on refrigerated/frozen deals, meat and otherwise. Many of our friends have opted to buy a "freezer pack" of beef (for a family of our size, 1/4 of a cow, or about 100 lbs) from a local farmer. This guarantees getting local, organic, grass-fed beef, and a variety of cuts that will last us a year or more.
The catch: this 100 lbs of beef works out to about $4/lb- which is very expensive for the (albeit high-quality) ground beef in the pack, but a great deal on the steaks and other cuts. Under normal circumstances, we'd only buy ground beef, limit our meat consumption, and stretch what we do buy.
So, is it worth the price for high-quality, low-carbon-footprint meat? Or should we stick to filling the chest freezer with only meat on sale, regardless of the origin? *
- Joanna
If you're up to date on current food prices, the $4 a pound rate for top-grade ground beef isn't really that bad, either. You can get it for lower, but will you be able to get top grade ground beef for $4 six months down the road? I'm not sure.
The real question is whether or not this purchase raises your overall food budget and food quality, and that's one that I can't tell from this question. If you typically did not consume higher-end cuts of beef (steaks, et. al.), it's quite possible that this did raise your overall food budget. However, if a prime steak is substantially healthier than what you were eating before (like preservative-laden box meals, for example), especially since it's grass-fed beef.
One concern, though, is the rate of consumption. If it will take you a year to get through it, some of the meat near the end may be getting old from the time in the freezer - the taste may be a bit off. Eat the prime cuts earlier and save the roasts and other lower-quality cuts for later.
*How does your audience look like - States vs the rest of the world?*
- Nefertete
Approximately 80% of the site's visitors come from the United States, with roughly another 7% coming from Canada. The other 13% is distributed all over the place.
It's worth nothing, though, that those percentages represent fairly large numbers. For example, my non-US audience adds up to about 120,000 visitors per month, so there are a lot of non-US readers out there.
*My company is expecting to merge with another company in the next few months and as a part of the merger, we employees will be issued stock equity in the new company upon closing of the merger. The newly issued stock can be held or immediately sold. Since I'm relatively young and have never really held any equity, especially under these circumstances, I wonder what you suggest. My industry is a relatively volatile one and the company's stock price can fluctuate fairly wildly within even just a few months, so it's hard to project where it will be at any time in the future. Also, my industry is facing potential bankruptcies of several of our competitors within 1-2 years unless the market dramatically changes.
So, long story short, what would you recommend I do with my soon-to-be acquired equity in my company? Sell it immediately and pay off debt? Keep it as a "nest egg"? Something in-between, more likely?*
- Derek
It comes down to one thing: do you believe in the merger? Is this just a merger of two flailing companies who will flail together, or is one or both of the companies bringing something compelling to the table?
As someone working inside the doors, you should have something of a grasp on this. If you don't, start asking a lot of questions around the office and see what sort of feel you can get for the merger.
If you don't believe in the merger, sell. Dump most if not all of the stock. If you do believe in the merger, don't sell - hold onto the stock until you have genuine need for the money. No matter what, though, your stock investments should be diversified. If you look at all of the investments you hold and more than 20% of those investments are in the merged company, trade away from it until it's down to
*I really enjoy hearing about your marriage. As a single woman in my 30's, I'd like to find a partner that is able to think about things and who is able to communicate as well as you do. It's hard to know from what I've read if you and your wife have always had this kind of relationship, or if it's something you've developed and cultivated. I'd love to hear your ideas about singles meeting and dating and talking about life goals - without being overly creepy.*
- Mary
I really believe the best way to find potential singles is to get involved with social opportunities connected to things that deeply and personally interest you. If you're passionate about something, get involved with it and see what happens. You'll become exposed to people who are also passionate about that very thing.
If I were you, I'd sit down and think about your true interests. What things fill you with the most personal joy? That's your starting point, right there. Follow that interest and you will find some like-minded people.
For me, at least, most of the "singles"-type places were a waste of time. Everyone was there trying to find their "match" and in their rush were overlooking interesting people.
*You mentioned that you did computer repair as a way to generate some additional income. Do you have any resources that you could recommend on doing computer repair as a side business? I have two sons who are on the Autism Spectrum, and a large part of our income goes towards their needs. On top of that, we have medical bills and such that we need to pay down. Fortunately, we have no credit card debt, but we just recently had to take out a car loan (though we were able to make a large down payment). I would really like to do something to make some extra money, but am at a loss on how to get started.*
- Kris
All I did was hang up some flyers around town (the post office, city hall) with some number tags, stating that I'd help people with computer repairs, tune-ups, and figuring out what computer was right for them. I also tapped my social network, sending out some emails to local people I knew.
That's really all it took. I spent a lot of time on customer service, talking to people and answering some simple questions on the phone for free. Before long, I had a pretty wide network of people who'd call me up to have me look at their computer or help them pick out a new one. It was pretty steady, except I usually got a business burst close to Christmas and often the two or three days after Christmas.
Most of the questions I dealt with were extremely easy - things like plugging in monitors or making sure power was going to the computer or simply de-installing crummy software.
*My question is where can I find a reliable emergency radio that does not depend on electricity?*
- Glenda
I've seen several models, but the one I was most impressed with was the American Red Cross FR150 (http://www.amazon.com/gp/product/B0014SWPO6?tag=onejourney-20). It's an AM/FM/weather radio with a flashlight and a cell phone charger that operates on solar power and a hand crank. It's got a small footprint (it's about the size of a dollar bill and about an inch and a half thick) and it doesn't take much winding time to get the radio or light working (about a minute of good cranking gets you about thirty minutes of radio).
Just put it on a sunny windowsill somewhere in your house and it'll be good to go whenever you need it.
*How can I bring myself to let go of saved money??
I have about $5,000 in CC debt (nothing extravagant, accumulated living expenses while I searched for a job) and about $3500 saved up…but I can't bring myself to take large chunks of saved money to pay off my debt! I'm worried that the second I send like $1500 to the CC company, I will have some emergency and need the money.
I'm super cheap already, so parting with money is always difficult, but I'd really like advice on how to pay off the debt and feel comfortable about it.*
- Dee
If you feel comfortable with your emergency fund now, but the thought of getting rid of some of it for a non-emergency purpose makes you nervous, don't spend it. Seriously. The point of an emergency fund is not only to help you take care of emergencies, but also to make you sleep better at night, not having to worry about how you'll handle some unforeseen emergency.
Alternately, you could be expressing a general problem you have with saving money, in that you are psychologically fixated on saving more and more. If this is the case, you should start thinking about your real goals in life - what are you saving this money for? What kind of life do you wish to lead? One of my closest friends saves the majority of his income, but he's doing so so that he can basically walk out the door at age 40 and do whatever he pleases.
*You often mention that everyone should strive for continued self-improvement, something I think as well. However, can't this lead to people thinking they're never good enough? At what point to you say "I'm happy with the way I am?"*
- John
I think it's psychologically healthy and normal to be happy with they way you are right now - if you're not, you've either got a very specific problem that you should bear down on right now or you should seek professional assistance to help you through your situation.
Being happy with the way you are, however, doesn't mean there's no room for improvement. I'm happy with the way I am, but I'd like to lose weight and become more well-read in some certain areas. To do this, I set some personal goals for myself. I don't feel bad about where I am now, but I know that there are always things I can be doing to improve my situation.
*I don't want to ever retire. Retirement sounds really boring - I want to be doing stuff until I die. What should my investment plan look like?*
- Joe
Just because you're not going to retire doesn't mean you shouldn't take advantage of the tax sheltering made available by retirement plans, particularly a Roth IRA. A Roth IRA allows you to make tax free withdrawals at any time up to your total contribution, and when you turn 59 1/2, you can withdraw the investment earnings tax-free as well. I'd definitely use a Roth IRA for part of it simply for the tax benefits.
Since you never plan to actually retire, you should spend some time figuring out what your long term goals really are. Do you want to be self-employed? Do you want to start your own business? Or are you just pretty happy where you are right now and you just want to save so you can do interesting traveling when you're older or follow up on other interests?
The real question is how far down the road are these goals, and what sort of dollar amount will you need? The further down the road they are, the more risky your investments can be - you should be putting most of your money into a stock index fund if the goals are more than ten years down the road. If things are closer, keep money in bonds, treasury notes, or even just in cash in a savings account - this is so you don't lose any money (but you won't have the potential for big gains, either).
*My brother is working for a political campaign for a state senator running for the House of Representatives. The candidate is likely going to lose the race, but my brother absolutely BELIEVES victory is going to happen and that he's going to get a nice job working for that guy. How do I clue him into reality?*
- Will
I don't think you need to "clue" your brother "into reality." Most likely, if he's a paid staffer for a House campaign, he's probably strongly committed to a life in politics and is building up a network of connections as we speak. No matter what happens from this campaign, he'll likely be able to move on to some sort of position, perhaps with a PAC or maybe with a lobbying firm, or maybe even in the office of another politician if his candidate is putting in some good words for him.
Your brother, especially if he's young, is doing the right thing for his career right now. He's building the lifelong contacts he'll need for a long career in politics. If he's skilled enough to be a paid staffer for a Congressional campaign, I'm pretty sure he'll find some worthwhile work even if his candidate loses.
*Got any questions?* Ask them in the comments and I'll use them in future mailbags.
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Sunday, August 31, 2008

[creditwrench newsletter] New Post/Thread Notification: Credit repair discussions

Hello,

Creditwrench has just posted in the Credit repair discussions forum of CreditWrench under the title of The Simple Dollar.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3292

Here is the message that has just been posted:
***************
Over the past month, I've been doing quite a bit of traveling - family-related trips, vacations, and so on. That basically means that I've been managing my writing and other professional obligations out of my travel bag for the most part.
How do I do that? How do I manage to keep up with my writing, keep adequate research materials with me, keep track of my ideas and ongoing projects, and manage all of it effectively enough so that I can sit down anywhere (http://www.peterandannies.com/) and get right down to business.
While figuring out how to write this post, I started by simply making a list of the little things that really add up when taken as a whole, and when I had them all written out, I realized that it might be really effective to just list them all. So, here are ten productivity tips I've found that help me keep my ideas and writing straight as a writer on the road.
*Get a good messenger-style bag.* This has made all the difference for me. Up until recently, I used a backpack as a travel bag and it would quickly descend into chaos, with items floating around all over the place in the bag, making me dig forever for the individual item I needed. Recently, I moved to a messenger-style bag, with a large single pocket for my laptop, a few magazines and books, and some papers, and a side panel with a ton of additional pockets. This has made traveling far easier than before.
*Utilize those pockets sensibly.* One challenge with having a lot of little items and a lot of pockets is that you forget what pocket you put your things in. What I've found is that putting stuff into pockets so that just a bit of the item is peeking out is really useful for finding stuff. When I open up the bag, I can see at a glance where my small notebook is, my pens are, my current reading is, my memory stick is, my USB mouse is, and so on.
*Use Backpack (http://www.backpackit.com/) to manage notes for projects and meetings and store to-do lists.* For simple personal to-do notes, I still use Remember the Milk (http://www.rememberthemilk.com/) (which does that job fantastically), but for collecting notes for work projects and making more complex to-do lists, I've fallen in love with Backpack (http://www.backpackit.com/). I can use it anywhere I have wi-fi access and it does a stellar job of storing all of the data I need in one place. I actually prefer it to most offline tools - plus, if my laptop has a hardware failure, I don't lose those notes or project ideas.
*Keep a pocket notebook and pen with you always - it's even more important on the road.* Without the familiarity of your normal work environment, it's very easy to lose ideas through the cracks. This makes the idea of a pocket notebook even more paramount. Keep it with you - along with a good pen - to jot down any ideas that creep into your head that merit any follow-up whatsoever. Then review your jottings once a day or so.
*Keep at least one item with you that inspires ideas.* When I'm at home, I have all kinds of books and other materials to help inspire my ideas. On the road, such items are unavailable to me. Because of that, it's vital for me to include at least one item in my travel bag that's not strictly there to aid as research material, but there solely to inspire my ideas. For me, it's often recent issues of magazines related to personal finance in some way - Consumer Reports, Money, The Economist, BusinessWeek, or something like that. If I need inspiration, I leaf through those and try to find ideas to riff on.
*Distinguish quickly between things that can easily be done on the road and things that can't.* Whenever I'm struck with inspiration, I have a tendency to want to start digging into a hot idea immediately. Of course, there are some ideas that simply don't work out of a travel bag. The key is to distinguish which is which as quickly as I can. I ask myself a few key questions: to do this well, does it require research materials I don't have? Are there supplemental materials (such as pictures) I'd need to create elsewhere? The key to staying productive is knowing what you can actually do in your given situation - and figuring it out quickly.
*… but don't abandon a great idea just because you can't do it right now.* What I do for those things is open up a document on my laptop, sketch down all of the details I can, then save it in a folder of things to look at when I get back to the office. A good idea is a terrible thing to waste, but so is chasing something that's really beyond your means to complete successfully.
*Make your work environment as conducive as possible - wherever you are.* For me, that means controlling the sound, and that means having a pair of very good headphones that cancel out external sound and only allow in what I want (usually calming music that helps me to write). For you, it might mean other things - a picture of your family or the right kind of beverage might be the key. Make sure whatever it is you need to make your work environment a success is in your travel bag if possible.
*Know where to find the things you need to work (such as wi-fi).* For me, wi-fi is essential to the work I need to do, so I made a master list of chains that give away free wi-fi (http://www.thesimpledollar.com/2006/12/27/ten-places-to-find-free-wi-fi-in-any-neighborhood/) to patrons, and I keep it in mind when I'm out and about. Because of this inventory, I often keep an eye open for Panera, Caribou Coffee, and Fazoli's when I'm traveling, with several other lesser options, and use those places as my "home away from home."
*If all else fails…* If I know I'm going to need a piece of information that's only stored electronically, I make a printed version before I go. I keep a paper copy of my schedule, key phone numbers, maps of each route I'll need to know, a to-do list, and other such materials so that if an electronic item stops working, gets damaged, or fails in some fashion, I'm not completely lost while on the road. This has saved me more than once.
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Saturday, August 30, 2008

Google Alert - (405) 684-9297

Unfair Debt collection Practices - a knol by Bill Bauer

405-684-9297 has been changed to a fax only line. The new voice contact number is (405) 237-2174 or 405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results plus you get paid for it. You are going to do the searches anyway so why not get paid for it?
http://www.scour.com/invite/Creditwrench


[creditwrench newsletter] New Post/Thread Notification: CreditWrench Resources

Hello,

Creditwrench has just posted in the CreditWrench Resources forum of CreditWrench under the title of {rss:FDCPA updates from Cornell University Law Library}.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3260

Here is the message that has just been posted:
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Friday, August 29, 2008

[creditwrench newsletter] New Post/Thread Notification: Credit repair discussions

Hello,

Creditwrench has just posted in the Credit repair discussions forum of CreditWrench under the title of The Simple Dollar.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3256

Here is the message that has just been posted:
***************
Before I got control over my spending, I used to splurge all the time on small things that I wanted.
I'd buy a new book (or three) every Friday in order to "reward" myself for getting through another work week.
I'd often buy a new CD or DVD whenever I received a paycheck.
Whenever I'd hit a personal or work milestone, I'd usually buy a video game as a reward for myself.
It was easy to justify these purchases. I worked hard and earned a good salary. I deserved some of these items, particularly after getting through some obstacle in my life - even the routine ones, like finishing a work week.
At first glance, this doesn't seem like that big of a deal, but when you step back and look at it from a wider perspective, it's clear how big this "reward splurge" problem really was.
Let's say I bought $25 worth of books each Friday. Let's also say I received two paychecks a month and bought a DVD for $15 with each one. And let's also say I'd buy a new video game once a month, for $50.
Right there, *$180 gone each month*. Boom.
Do that month in and month out for four years and *you've spent $8,640*. Just on silly little "rewards" for ordinary life accomplishments.
The amazing part is that *I know of people who are far worse.* One of my closest friends in my college years went on to buy a new video game every weekend (about $50 a pop) and about twice a month would buy a box of trading cards (about $100 worth). Another lady I knew used to spend about $200 on new clothes each Saturday afternoon - it was her way of "release" after a week of hard work.
This is the worst type of financial leak - unnecessary spending that's become a part of a routine and tied to a sense of accomplishment. Not only does it cost a lot of money over time, it also reduces the actual good feelings a person gets from the accomplishments themselves.
*One of the best personal finance moves I've ever made was breaking this habit.* I stopped buying things to "reward" myself and instead started putting that money towards repaying debt. I didn't let my reading down, either, because I started getting heavily into the local library and the amazing usefulness of interlibrary loans.
It's not a simple routine to change, though. Here are four tactics to use while breaking yourself of this costly habit.
*Find non-purchase methods to celebrate your successes.* Instead of heading out to buy something expensive, why not go home and have a nice romantic dinner with your spouse? Spend some time playing with your children, or spend some time doing something personally important and enjoyable. I often find a bigger positive rush and "rewarded" feeling from
*Always ask yourself why you're making a purchase.* If the reason revolves around a routine or a self-reward, that's a sure sign that you shouldn't be in the store. It's fine to occasionally buy yourself unnecessary things, but if they're tied to a part of your routine, that's dangerous and should be avoided.
*Break up the part of your routine that causes you to splurge.* If you find yourself stopping each Friday to pick up some sort of splurge item, do something else on Fridays that takes you away from the temptation. Take an alternate route to work on Fridays - or use Fridays to find a better optimal route to and from work (preferably one that doesn't take you close to the places you might stop). If you go out on Saturdays to shop, instead stay at home and find a personal project to work on.
*Keep an entertainment portion of your budget.* If you still want to splurge but want to control it, keep a portion of your budget for entertainment and make all splurge purchases come out of that portion.
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[creditwrench newsletter] New Post/Thread Notification: Credit repair discussions

Hello,

Creditwrench has just posted in the Credit repair discussions forum of CreditWrench under the title of The Simple Dollar.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3249

Here is the message that has just been posted:
***************
Image: http://farm1.static.flickr.com/83/213802790_2fabd6c045_m.jpg (http://www.flickr.com/photos/cats-eye-view/213802790/)My father has the most innate, natural grasp of mathematics of anyone I've ever known. He can't tell an equation from Greek, but when you back away from explaining things in terms of equations and instead talk about it conceptually, he understands intuitively a great deal of mathematics. Conceptually, he understands it as well as I do, and I took quite a bit of advanced math in college.
Not only that, he's incredibly quick to pick up anything. He can fix a radio, dress and skin a rabbit, read a Pulitzer Prize-winning novel, run a trot line, entertain a dozen people, and conduct a very interesting debate about politics, often all in the same day.
The kicker is that my father never had the opportunity to even complete high school. He quit because he had a sick father who was unable to work and three siblings who needed food on the table.
Every so often, I try to imagine him as a teenager. He made the choice to do what he needed to do for his family without skipping a beat, and he likely never knew or saw that he had the opportunity to do great things with his life. He had all of the tools he needed right between his ears, but fate dealt him a different hand.
*Bad Luck That Changes a Life*
Quite often, the only difference between the people we look up to and the people we look down upon are a handful of little events. A parent that cared a little more. An unexpected death. A bad test result with no positive reaffirmation to get up and give it another shot. A lost promotion. A hurtful comment at an emotionally weak moment. A flash of anger, by them or by someone else. A bit of peer pressure. The opportunity to make a connection with someone who can open a door.
Our lives are full of these little events, most of which are out of our control. It's those events - and how we react to them - that determine much of what we have in life, and what we work for.
*Hard for Some, Easy for Others*
Some people are "lucky" in that they wound up on the right side of most of the coin flips in their life. Others are "unlucky" in that some events in their lives led them down a path away from where their dreams might have taken them.
Take my father, for example. What might have happened to his life if he had completed school? Might he have met a teacher that inspired him or recognized his natural talents? That one moment in time - the sickness of his father and his caring for his family - changed his entire life. He wound up never really leaving the town he grew up in and before he knew it, he was married, working in a factory and as a commercial fisherman for his "side hustle."
What would have happened if he had stayed in school long enough for the math to click into place for him? What if a teacher sees that natural skill and pushes him to pursue it, making a few phone calls and getting him some scholarships that get him into the nearby university? His life follows a completely different path.
But his life - and his moral character - didn't lead him down that path. Instead of being a "lion of the community" and living in a nice house, he lives in the same small old house that I grew up in, one in sore need of repair in places. Instead of going to the Lion's Club, he has a beer with his friends at a picnic table. All because he had a hardship hit his life, and he made the courageous choice to give up his path and do what needed to be done.
Take another situation that pops into my mind. One of the most bright and cheerful and wonderful women I know, the third child of five, contracted polio as a child and, by early adulthood, was confined to a wheelchair and eventually required a great deal of equipment and medicine to even go through life. Through all of this, she's maintained a sunny disposition. Her dream as a child was to have a house full of children, but life didn't allow her to play that card. She has three beautiful sisters, all of whom had multiple children, and when you look back at their childhood and high school pictures, you see four equal young women, all with great opportunity in front of them. Three of them got to live their dreams, the fourth wound up with polio.
It's so easy to look around and see those who wound up with lower-paying jobs and a different social outcome and draw some negative conclusions about them. They didn't work as hard, or they didn't apply themselves, right? Only rarely is that actually the full picture.
*Never Give Up*
Most of you reading this site - and me included - are among the lucky ones. We've either not had many hardships in life or we've had enough positive luck to counteract the hardships.
But for those of you who have been knocked down by life, here are some lessons I've learned from the people in my life who have faced terrible luck and rolled through it to find whatever may come.
*Don't blame others.* If something devastating has happened to you personally, don't spend your time blaming others for it. *Your problems and challenges in life are not their fault.* I happen to be deaf in one ear, which means that in some situations I simply can't hear people speaking on my left side. This is not their fault, and blaming them for me not hearing their comment is foolish.
*Get back up and try again.* If you fail at what you're trying to accomplish or if life knocks you down, don't curl up into a ball and give up. Get right back up and give life another swing. I've watched many people give up on life because they hit a rocky patch - even after they came out the other side of it, they wallowed in self-pity and refused to get back up again. *The mistakes and bad breaks of your past have nothing to do with your present.*
*Don't be too proud to ask for help.* When something disastrous befalls you and you're having a hard time picking up the pieces, ask for help. Ask your family for help. Ask your true friends for help. They will be there for you when you need them, and they want to help you when the chips are down.
*Make your mind up about others based on who they are and how they act, not by how they look or what they own.* This is true for everyone. I'm reminded of a small company I'm familiar with. At one of them, the most naturally gifted person in the building is the janitor. He'll often trudge by a group working on a project together and, off the top of his head, suggest an amazing solution for it. He does it so often that many of the workers there actually seek out the janitor for input on what they're working on. But the company can't promote this man, oh no, they can't. He's a lowly janitor who doesn't have a degree. Even the people who ask him for help sneer about him behind his back.
As for me? If I were to start a competing business, that janitor would be the first person I'd want to hire. He wears shabby clothes, talks slowly, and pushes a broom all day, but underneath that he has tremendous gifts, ones that are often ignored because people can't get past their first impression.
*Jealousy does nothing more than drag you down.* It's easy to feel jealous of the successful person. We envy them and try to find explanations for how they found success while we did not. Doing that is a waste of time. Focusing on the fact that someone else had better luck than you did is time spent not focusing on the aspects of your life that you can control. Don't worry about the guy who just got promoted - worry instead about what you can do to snag the next one.One left a sweater sitting on the train
And the other lost three fingers at the cannery
Everything's so easy for Pauline
- Neko Case, Margaret vs. Pauline, from Fox Confessor Brings the Flood (http://www.amazon.com/gp/product/B000Y0F7GS?tag=onejourney-20)

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