hello well my name is Lisa and I have a 2 year old credit card judgement against me. I have read Richard Cornforths book how to beat up on debt collectors. My first question is what is the date for SOL..... I understand that it was the date of the last payment you made is that correct. In Virginia where I live SOL on an Oral Contract is 3 years. I quit paying my credit card bill December 17, 2005. They proved in this court that all I had was an oral contract no written was produced. I am not totally ignorant of the law as I have been able to make myself debt proof for the last two years so all they have collected is 18.00 which was in a bank account. Richard Cornforth told me they were not allowed to take that money as it put me below the poverty line or something to that meaning. So now what I am understanding by what I am reading is that this would havet to go to Federal Court. Now can you please tell me how do I learn all I can about this???? It is somewhat in Mr. Cornforths book but I am concerned the same thing that happened in state court will happen in a new court. Please contact me with any help you can give. I went on the call tonight which was suppose to happen every friday night at 7 I assume that was central time and no one was on. my email is lisaangle0028@yahoo.com..... thank you in advance Lisa
--- On Fri, 9/12/08, Creditwrench <creditwrench@gmail.com> wrote:
From: Creditwrench <creditwrench@gmail.com>
Subject: [creditwrench newsletter] [creditwrench] Collections Law
To: creditwrench@googlegroups.com
Date: Friday, September 12, 2008, 3:16 PM
collection of summary judgment Question:I have a court case in which a credit card company is seeking a summary judgment. If the summary judge\ment is awarded, what can be done to collect this debt. I have tried to work with the credit card companies attorney, by offering to pay what I can but they want a settlement I can not coming up with. Also if the judgment is awarded will the judge set the amount to be paid and what if they amount is more than I can make each month. Will they be able to take money out of my husbands checking account. Thanks Phyllis Answer:
Creditwrench
If a summary judgment is awarded? There isn't any "if" to it unless you start learning how to deal with the situation in a realistic way. And no, when the judgment is awarded to the plaintiff the judge will not set the amount they can take. State and federal law does that and it is set at a maximum of 25% of your take home pay so long as that leaves you a minimum amount of just over $150 a week. There is a formula they must follow in garnishment of wages.
They can take money out of your husband's checking account if you live in a community property state. There are other special situations in which they can grab money out of a spouse's checking accounts but those are not common.
Now then, why are you worried about getting a judgment against you? Of course, one reason might be that most people who are sued for debts lose and get judgments against them. Most of them lose because they don't even try to defend themselves. Others lose because they answer the complaint with some dumb letter they think ought to get them off the hook but never does. Others lose because they come up with some cute sounding idea they found on the internet that has no validity whatever.
But when it is all said and done it all boils down to simple ignorance about the law. They think they don't have time to learn the law and learn how to control the situation in a realistic way. They don't know and don't learn that they can control how the judge rules or how to keep the judge from ruling at all.
Yes, defendants can actually keep the judge from making a ruling at all. They can tie the judge's hands completely just by knowing the law, the rules of civil procedure and the rules of evidence. They do not have to take abuse in the courtroom. They can do something about it. They just have to know that they can and how to do it and it don't take long to learn.
So what will you do? Just let the court do as it pleases to you or are you willing to learn and stand up and fight against the abuse handed out all over America today?
Creditwrench students know how to make the judge get off the case if he abuses them in court or makes totally wrong rulings. It isn't hard to do at all.
It's all up to you. Don't take it laying down.
-- Posted By Creditwrench to creditwrench at 9/12/2008 02:06:00 P --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Creditwrench" group. To post to this group, send email to creditwrench@googlegroups.com To unsubscribe from this group, send email to creditwrench+unsubscribe@googlegroups.com For more options, visit this group at http://groups.google.com/group/creditwrench?hl=en -~----------~----~----~----~------~----~------~--~---
Bill, Coit's Root Beer stand tonight for the meeting? I have a hunch you didn't
get my last email or you didn't have time to respond. I plan on bringing
the man (Walter) with me too. Thank you, Tiffanni ----- Original Message -----
From: "CreditWrench" <ceo@creditwrench.com>
To: <creditwrench@googlegroups.com>
Sent: Wednesday, September 10, 2008 9:17 PM
Subject: [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 Hasler law firm. This thread is located at
http://www.creditwrench.com/consumers/showthread.php?t=3594 Here is the message that has just been posted:
***************
Thanks to World of Work Law Blog for Major Changes to ADA Coming
(http://www.worldofworklawblog.com/2008/08/articles/news/major-changes-to-ada-coming/).
My personal opinion is that the ADA was effectively neutered for plaintiffs
(employees) ages ago by the United States Supreme Court. I followed it more
closely when I was in-house counsel for this very same reason: employers
who ignore the ADA are the ones who plaintiffs sue successfully. "Here's
something to be watching: a bill currently winding its way through Congress
is likely to bring significant changes to the Americans with Disabilities
Act. The bill, knows as the ADA Amendments Act ('ADAAA'), will greatly
broaden the scope of the ADA. Some highlights of the ADAAA: * Reverses several Supreme Court decisions that have seemingly narrowed the
coverage of the ADA, restoring what the drafters perceive to be the original
Congressional intent
* Broadens the definition of disability, including what it means to be
"substantially limited in a major life activity
* Creates a list of per se 'major life activities'
* Clarifies that accommodations are not be required if an individual is
merely 'regarded as" having a disability
* Prohibits the consideration of mitigating measures such as medication,
prosthetics, and assistive technology, in determining whether an individual
has a disability
Provides coverage to people who experience discrimination based on a
perception of impairment regardless of whether the individual experiences
disability" ***
To read an official summary of the ADAAA, click here
(http://www.govtrack.us/congress/bill.xpd?bill=h110-3195&tab=summary). To
read the full text of the current bill, click here
(http://www.govtrack.us/congress/billtext.xpd?bill=h110-3195). Stay tuned
to the World of Work (http://www.worldofworklawblog.com/)for updates on
this landmark legislation. More... (http://haslerlaw.blogspot.com/feeds/posts/default?alt=rss)
***************
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Hello, Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Debtor's Hell by The Boston Globe. This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3608 Here is the message that has just been posted:
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More... (http://syndication.boston.com/globe/special/podcast/bg_spotlight_rss.xml)
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Hello, Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm. This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3602 Here is the message that has just been posted:
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Not a civil case, but *Regenerations founder gets 10 years, owes Medicaid $3.3M* (http://www.indystar.com/apps/pbcs.dll/article?AID=/20080910/LOCAL/809100380)treads on an issue interesting to me: whistleblower/.qui tam cases.
"Regenerations, an Indianapolis nonprofit, started out small in 2005. That first year, it reported providing psychotherapy for 20 disabled people on a $30,000 budget. But Varnador K. Sutton had grander plans for his nonprofit.
Advertisement Over the next two years, a bogus Medicaid billing scheme netted more than $3 million in taxpayer money for Regenerations, which prosecutors said was nothing more than a shell. As that cash streamed in, Sutton made seven-figure investments and real estate deals, and bought a 2007 Lincoln MKX and 2006 Jaguar.
A federal judge this week gave Sutton a 10-year prison sentence for health-care fraud. Authorities said they have seized the cars, property and bank accounts worth more than $2 million. That gives Sutton a start on paying nearly $3.3 million in restitution to the state Medicaid program.
Until a Medicaid recipient called a hotline about suspicious activity involving Regenerations, the firm flooded Indiana's Medicaid program with claims. Sutton, who had worked for the state, submitted bills for 84,000 counseling sessions on behalf of 2,500 Medicaid recipients.
More... (http://haslerlaw.blogspot.com/feeds/posts/default?alt=rss)
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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=3599 Here is the message that has just been posted:
***************
Image: http://farm4.static.flickr.com/3250/2496308570_c4245a2d4b_m.jpg (http://www.flickr.com/photos/doctorow/2496308570/)*When you ask for a bargain, the worst thing that can happen is that they say "no," which is effectively what happens if you don't ask at all.*
One thing I've learned over the last few years is that it's almost always worth your while to ask for a bargain, almost everywhere you're at. Here are nine quick examples of what I'm talking about.
*Ask for bulk kid clothes discounts at a yard sale.* The cheapest place to buy clothes for your young children is at yard sales, where you can find tons of barely-worn kids' clothes for cheap. You can make them even cheaper by asking - make an offer for all of them, save an additional 50%, and not have to worry about clothes for your tykes.
*Ask for soup bones for free (or for cheap) at the butcher.* Buy something at a butcher shop? Ask for any extra soup bones they might have - and literally use them for soup. Toss them in with some chopped meat in a pot of boiling water along with some vegetables - delicious.
*Ask for package deals at the pottery store.* I visited a potter's barn recently and asked if I could get a package deal on three items - they were happy to oblige to make the sale. It gave me the opportunity to support a local craftsman and business while still shaving some dollars off my bill.
*Ask for a lower price and/or for free amenities at the car dealership.* Go in near the end of the month when salesmen are trying to meet their quotas and negotiate hard, asking for a very low price for your car. The sticker price is just the starting point - ask for something much lower.
*Ask for extra toppings on your deli sandwich.* I used to get a foot long sandwich at Subway. Now I just get a six inch and ask for some of every vegetable (and often for extras of my favorites, such as black olives). Ask and they'd be happy to load you up.
*Ask for extra ketchup or hot sauce packets at the fast food restaurant.* One of my best friends never buys condiments - he just asks for extra packets of anything he can when he visits fast food restaurants on occasion and stores them in his fridge. Again, ask and ye shall receive.
*Ask for a raise or more flexible scheduling from your boss.* If you've been doing good work, ask your boss for a raise - or, more likely, a bit more flexibility in your schedule. An employer is more likely to give you some flexibility if you show yourself to be a solid employee - but you'll never know unless you pipe up.
*Ask for help on something that's personally challenging to you from a friend.* Having trouble kicking a habit or adopting a healthy new one? Need someone to talk to about your problems? That's what friends are for - ask them for help. You'll be surprised how helpful a good friend can be when you need help - just ask, and be willing to help in return when they need it.
*Ask for cooperation in repaying your debts from your creditors.* Having trouble getting rid of your debts? Give your creditors a ring and simply ask for a more palatable repayment plan, one that gives you the room you need. You can ask, or you can keep struggling to get through.
Again, *when you ask for things, the worst thing that can happen is that you hear "no" for an answer.* "No" isn't a bad thing at all - at the very least, it's where you were at before, and you often have a better idea of the person or organization you're dealing with.
*Building Up the Courage to Ask*
The biggest problem with this philosophy is that it takes courage and self-confidence to be able to always ask for what you want. Most people feel comfortable asking in some situations, but not in others - and the comfort zone varies from person to person.
*Whenever you ask for help, you're continuing a value exchange that is at the basis of every relationship.* It might be the value exchange between friends, between employer and employee, between client and business, or between customer and business. When you ask for something, you're simply requesting some additional value - *and that's your right*. The other person has the right to agree or disagree, of course, but you never open the door to that value if you don't ask to begin with.
Here are some things you can do to help build up your confidence to ask - and know when it's appropriate, too.
*Put extra effort into identifying "asking" situations.*
Many people don't mind asking, they just don't think about it at the times where it can be useful. Spend a day or two focusing entirely on identifying situations where asking for a bit more might come in handy. Look at all avenues of your life - where you eat, where you shop, where you work, and who you spend your time with.
*Get comfortable asking for small things and sure "yes's."*
One good place to start is to ask for extra condiments at a restaurant, or to ask a friend for a small favor. Both of these are likely to receive a positive answer, reinforcing your confidence to ask for things in life. Build up your confidence by asking for other things, like bulk buys, and eventually move on to big things, like asking for a raise, negotiating a car deal, or kicking a habit with the help of a friend. The key is to build up confidence.
*Be giving when others ask.*
When you ask for more things, there will inevitably come a time when others are asking you for a bit of extra help. When that time comes, give of yourself easily and freely, especially if the request is simple. Giving your friend some strong advice and support when they need it (as well as a listening ear and a shoulder to cry on) can help cement a relationship. When someone needs a bit of professional assistance, assist them. If you show that you're willing to help when asked, others will be much more willing to help you when you ask.
*DON'T ask just for the sake of asking - and accept "no" when it's clear.*
Many people enjoy the rush of getting "something for nothing" (in their mind) and take it too far, constantly asking for things above and beyond rational reason and expressing irritation when they do not get their way. Life doesn't owe you anything and neither does the person you're interacting with. You're merely hoping to shift the value of the relationship a bit - it's not your right, and believing that it is will cause many problems. If you ask for a small thing and are rejected, let it be - walk away without worrying about it. If it's a bigger thing, one that merits attention, and you believe you have a real reason for getting what you asked for (like a raise, for instance), don't hesitate to ask for a meeting about it, but don't let your request unfairly eat up the time of others. Standing in line at Subway and complaining loudly about how they won't put an extra pickle on your sandwich not only won't get you that extra pickle, but it will irritate the person behind the counter and everyone standing in line behind you. Moderation and respect for others is always key.
Image: http://feedads.googleadservices.com/~a/Bpbbe7O2C2xK4PuCoBXvFDAh7iY/i </img> (http://feedads.googleadservices.com/~a/Bpbbe7O2C2xK4PuCoBXvFDAh7iY/a)
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Hello, Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm. This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3594 Here is the message that has just been posted:
***************
Thanks to World of Work Law Blog for Major Changes to ADA Coming (http://www.worldofworklawblog.com/2008/08/articles/news/major-changes-to-ada-coming/). My personal opinion is that the ADA was effectively neutered for plaintiffs (employees) ages ago by the United States Supreme Court. I followed it more closely when I was in-house counsel for this very same reason: employers who ignore the ADA are the ones who plaintiffs sue successfully. "Here's something to be watching: a bill currently winding its way through Congress is likely to bring significant changes to the Americans with Disabilities Act. The bill, knows as the ADA Amendments Act ('ADAAA'), will greatly broaden the scope of the ADA. Some highlights of the ADAAA: * Reverses several Supreme Court decisions that have seemingly narrowed the coverage of the ADA, restoring what the drafters perceive to be the original Congressional intent
* Broadens the definition of disability, including what it means to be "substantially limited in a major life activity
* Creates a list of per se 'major life activities'
* Clarifies that accommodations are not be required if an individual is merely 'regarded as" having a disability
* Prohibits the consideration of mitigating measures such as medication, prosthetics, and assistive technology, in determining whether an individual has a disability
Provides coverage to people who experience discrimination based on a perception of impairment regardless of whether the individual experiences disability" ***
To read an official summary of the ADAAA, click here (http://www.govtrack.us/congress/bill.xpd?bill=h110-3195&tab=summary). To read the full text of the current bill, click here (http://www.govtrack.us/congress/billtext.xpd?bill=h110-3195). Stay tuned to the World of Work (http://www.worldofworklawblog.com/)for updates on this landmark legislation. More... (http://haslerlaw.blogspot.com/feeds/posts/default?alt=rss)
*************** --~--~---------~--~----~------------~-------~--~----~
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Hello, Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm. This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3546 Here is the message that has just been posted:
***************
So reported The Indiana Lawyer on Monday:
The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years. This news is according to a Sept. 4 letter by Mishawaka attorney E. Spencer Walton Jr., chair of the Indiana State Bar Association's paralegal committee that has been studying the issue for years and drafted a Proposed Rule 2.2. In October 2006, the bar association tabled the measure for a year and in October 2007 sent a report to the court for consideration. As it currently stands, Indiana does not have official qualifications in place for its estimated 4,000 paralegals - anyone who wishes to call himself or herself a paralegal can do so. Although the Indiana Rules of Professional Conduct govern an attorney's supervision of paralegals, there's nothing currently in place for governing these individuals directly.
For more read *Court not ready to create paralegal rule (http://74.219.68.10/ilemg/ILEmails/2008_09_08_ILDaily_Standard/Articles/2406.htm?1=1&EGEmailID=379&PublicationID=1&PublicationDesc=Indiana%20Lawyer%20Daily&EmailType=Standard).*
More... (http://haslerlaw.blogspot.com/feeds/posts/default?alt=rss)
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Hello, Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm. This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3545 Here is the message that has just been posted:
***************
The Massachusetts Biotech and Technology News and New England Local Business News has a very interesting article in Noncompete agreements that don't mean what they say (http://www.masshightech.com/stories/2008/09/01/focus4-Noncompete-agreements-that-dont-mean-what-they-say.html): "With the rise in importance of intellectual property and the associated threat to such property as a result of an increasingly mobile workforce, noncompete agreements have become a standard part of employment agreements. Like a prenuptial agreement, noncompetes address what happens at the breakup of a relationship while the relationship is still good. Typically, noncompete agreements purport to prohibit an employee from going to work for a competitor. While such agreements are generally enforceable like any other contract, they frequently are not enforced to the full extent provided, and, if you are defending against a noncompete agreement, certain steps can be taken to decrease the odds of their full enforcement. The law in most states is clear: Noncompete agreements will be enforced, but only to the extent reasonably necessary to protect the former employer's legitimate business interests, typically identified as the company's trade secrets, confidential information, goodwill and, sometimes, special skills. On its face, a noncompete agreement that says that the departing employee may not go to a competitor may seem quite reasonable and, therefore, enforceable. That is not always so....
Nothing I cannot disagree with anything so far and I will say that you will similar comments from me in other posts here (just follow the "Non-compete agreements" link below). Still, good to remind people of these things.
The article proceeds to analyze two scenarios involving a sales person. These are worth reading. These two paragraphs should be memorized by every employer using a non-compete agreement:To maximize the possibility of persuading a court that these dual, seemingly incompatible goals can in fact be harmonized, the employee and new employer should take active steps to disclose (i.e., do not mislead or even be coy with the former employer about the new job), describe (i.e., the employee and new employer should be clear about what the new role is and how it protects the former employer's legitimate business interests), and document their relationship before the employment begins. It bears mention that, because the enforceability of a noncompete agreement is so fact-intensive, not all three steps are advisable in all circumstances, but they should always at least be considered. The most important guiding principle to remember is that noncompete agreements are as much about the equities as they are about the language of the restrictions. If a court believes that the former employee and new employer are genuinely trying — and able — to protect the former employer's legitimate business interests, the employee is far more likely to be able to work for a competitor than would otherwise be the case.
More... (http://haslerlaw.blogspot.com/feeds/posts/default?alt=rss)
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Hello, Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm. This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3523 Here is the message that has just been posted:
***************
The Indiana Lawyer reports they might be. From State puts brakes on red-light cameras (http://www.theindianalawyer.com/html/detail_page_Full.asp?content=02375):"Green means go, red means stop. Motorists know that well, and in a 21st century society embracing technology on every front, it might not seem out of the ordinary to wonder if someone's watching to make sure motorists are stopping when they should. Not in Indiana, at least not at the moment. The Indiana Attorney General's Office has put the brakes on municipalities passing ordinances for the use of traffic light cameras in catching red-light runners. The state agency issued an official legal opinion Aug. 8, saying that any local ordinances or rules allowing the traffic control measures are illegal until state lawmakers first pass a statute allowing locals to move forward with those plans." *** >Most recently, the attorney general's opinion put the burden on legislators to decide how to proceed on red-light cameras. Sen. Earline Rogers, D-Gary, asked about the power of a municipality to implement those programs using stationary cameras to digitally photograph license plates of any vehicles entering an intersection on a red light. Hammond launched a pilot program in June for that, but at the time it was unclear whether state legislation was first needed before the ordinance could be adopted. Once the photos were taken, a private company operating the system would mail the tickets after a police review. Fines of $100 would be assessed and the tickets would be considered non-moving violations, similar to parking tickets. Other communities including Gary, Hobart, Lafayette, and West Lafayette have expressed interest in the idea, which has grown more popular and controversial nationally. But the AG's Office says no. "A red-light camera ordinance would be an invalid attempt to locally regulate conduct that is already regulated by a state agency," Attorney General Steve Carter wrote, noting that the General Assembly must first pass legislation. "Unless expressly granted authority by statute, a local governmental entity's passage of such an ordinance would be in contravention of the state's home rule law at Indiana Code Section 36-1-3-8(a)(7)." More... (http://haslerlaw.blogspot.com/feeds/posts/default?alt=rss)
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