How creditwrench works

QUESTION:

You're a saint and I plan on joining your group. It seems you have informed me better advice in one response than my lawyer has in hours of his BS and his outragous fee's. Regarding this circumstance that we are dealing with. I was sent (2) seperate letters from the same lawyers office(Faber and Brand), regarding 2 separate amounts from the same credit card . It makes no sense I dont even have 2 accounts with the credit card company they are attempting to collect on Federated Capital(i.e wash mutual/providian ). So what I get from your response is that I should definitely validate. Do you offer a standard validation letter that is appropriate to send them?
Thanks in advance.

Answer:

Yes, I go through all of that in one of the links above and yes, I realize that there is a mountain of reading to do in those links so I will answer your question directly.

First of all, yes, as part of your creditwrench course you do get a standard validation template you can use but it will have to be modified just a tiny bit each time you use it. But that isn't all.

Obviously you can get any number of validation letters from multitudes of web sites all over the net but the creditwrench validation letter is very, very different and mostly because it does not use a lot of useless and irrelevant nonsense and legalese that is to be found in most validation letters.

And you can also obtain what is known as an estoppel letter from a multitude of web sites on the net. You get one of those as well as part of your course.

From there all resemblance of what you can find on the net for free stops and creditwrench comes to the forefront with a series of continued letters ending in an intent to sue letter which is fully legal in format and the case is ready to file in federal court at that point. In other words once you use the full series you will understand exactly how to file a case in federal court.

In some instances it is not advisable to use the entire sequence. One example is when you have already been served a summons to court or you are going to try to get a judgment vacated. Under those circumstances it is not practical to use the entire series. You will be taught when to use the full series and when not to.

But that is only a very small part of what you will learn as you proceed through your problems.

You will also be taught various defense and offense mechanisms and how to use them and when to use them.

You also get access to our creditwrench student's lounge which is a password protected section of our message board which you already know about. What is posted there is information for students that we do not want made public and also discussions between students.

Once you are a creditwrench student you will always be a creditwrench student and you will never be asked for any more money no matter how many times you need consultation about some problem or other. You get the right to have unlimited technical support for as long as creditwrench lasts as a viable entity. I certainly hope and pray that will be for at least another 40 or 50 years.

In other words, I will give you all the support and help you will ever need until the time comes when I am forced to start taking my dirt nap. After that, you are out of luck and on your own. (LOL)

Sorry but that is just the way life is. When its over its over. (LOL)

So I'm ready to get started any time you are.

Calvary Portfolio Services, LLC

Calvary Portfolio Services, LC

Question: Hello, i am new to this site and i have reviewed some of the questions & answers. I like the responses to some of the more complexed questions, so here is my question: Recently i received a summons to go to court from a company named Calvary Portfolio Services, LLC. The attorney's name is Anne Thomas affiliated with Thomas Law Offices, PLLC. On this summons, the return address is really the address of Cavalry Portfolio Services, LLC but it is being listed as the address of Thomas Law Offices, PLLC! Portions of the address is omitted and my guess is that the name of Calvary Portfolio Services, LLC is not shown for a reason. Anyway, not only the concern about the return address, they filed an outdated legal document, the wrong address for the court, the wrong name as the court clerk and i thought that they could not file anything with the courts until all of the return service (green cards) were received back from the respondents (debtor). Secondly, i found out that my 14-year-old son signed for the certified letter they sent to me regarding this summons. I thought that in order for this service to be effected, the signer would have to be 18 years or older. This summons lacks the CIS# that goes along with the packet, so much is missing from this document. It has the revised date of 09/2002 but looking online the revised date of the official new documents is 2008. I really think that this is a bogus case but i am not sure,I thought about using this as a defense along with the fact that the debt they are coming after me is well over 18 years old and was under a Bankruptcy that was filed and discharged under a Chapter 7 in the 1990's! I know that i typed a lot but i tried to sum things up all in one questionairre. Also, i found out that this company has been doing this to others as well. Can they purchase an old, old debt like this one and get away with it, wasting my time and the court's time?

Answer: They are not wasting your time nor the court's time if you don't respond to the summons and complaint in a proper manner because they will get a judgment and then you will have lost your opportunity to plead the defenses you have available to you.

How do you know that they have the wrong address for the court and the wrong name as the court clerk? Maybe they filed in the wrong court? The correct court would be the court system in your county. Maybe they filed in a different county or state? I would strongly suggest that you check with the clerk of the court in both courts and see whether a case has been filed against you in either one. If so you will have to respond to the summons no matter what court it has been filed in. If they filed in the wrong court you will have to inform the court that they don't have jurisdiction and state what state and county you live in. You may have to prove where you live with copies of utility bills or your driver's license or something official.

When you get it into the proper court you can then start to defend and of course the best defense is a strong offense. I would also recommend that you speak to the judge or referee of the bankruptcy court where you filed bankruptcy to see if that court can be of some help to you. I know little or nothing about bankruptcy but it seems to me that I have read somewhere that attempting to collect a debt discharged in bankruptcy constitutes a contempt of court. Don't bother going to the attorney who filed your case because he probably won't want to do anything unless you pay him again.

This appears to me to be a case that is ripe for a federal case against the debt collector and the attorney who filed it for a multitude of violations. Why not file a federal case against them and make them pay you for your time and trouble to defend. This case ought to be worth several thousand dollars in your pocket. Don't be frightened about filing a federal case. It simply isn't hard to do and it certainly don't need a lawyer to do it for you. Learn how to do it yourself.

Bill Bauer
405-684-9297
405-227-9423

Make money using this search engine instead of Google, Yahoo, MSN or others and get the same results. Get paid in Visa Reward Point cards.
http://www.shrinkmylink.com/qlmqson

RECOMMENDED READING
Subscribe to Creditwrench mailing list on google groups.
http://www.shrinkmylink.com/iomqson Creditwrench google group by email.

http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
http://shrinkmylink.com/kmlqson
www.creditwrench.com/objections.html
www.creditwrench.com/howcreditwrenchworks.html
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
http://www.shrinkmylink.com/exlqson

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://www.shrinkmylink.com/uimqson Mike JM tells about Greentree Financial case.
http://shrinkmylink.com/xsjqson
http://www.shrinkmylink.com/danqson Mark in Rhode Island gets settlement offer

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

answering a summon

Question: I was served a summons recently. This was from a collection agency being represented by a law firm. There isn't a court date on this summons. There is only a statement saying I have 14 days to respond with my answer. I did call the small claims court clerk and was told that a court date would be set after they received my answer if I was denying responsibility of this debt.

My problem is that I don't know exactly what this debt is about. I do have a couple of unpaid credit cards from the past and this matter more than likely relates to one of them, but I don't know which one it would be. I don't recognize the dollar amount being asked for; but I am well aware the original amount could have easily doubled by interest fees, etc. My question is on what to say in my answer.
Why answser at all? Respond to the summons instead with a demand for more definitive statements. How to do that can be found at demand for more definitive statements.

I know to deny but the paper says I must put a reason if I deny this. Do I put a statement saying I deny this due to insufficient evidence that I owe this? How do I go about getting the information about exactly what this lawsuit is about?
You simply state in your demand for more definitive statements that you have no idea what this matter is about and demand that they inform you who it is that you allegedly owe the debt to.

When I send the defendants lawyer my answer to the summons, do I ask him in that letter? Or do I send him a copy of the summons answer that I file with the court and send him an additional letter asking for more information about this.
You must send the plaintiff's lawyer a copy of anything you file with the court by certified mail return receipt requested. Don't send him anything you didn't file in court unless you are demading interrogatories, admissions and production of documents. Those are never filed in court.

Also, Ive read something about discovery and it starts after I've filed my answer to this complaint. Is this something I initiate on my own, or do I have to file something with the courts to do this?

There are 5 discovery tools at your disposal. The first is known as interrogatories, the second is known as demand for admissions, the third is known as demand for production of documents, depositions and Subpoenas such as Subpoena Duces Tecum and other court orders. This is discussed about half way down in the following widget.

Thank you in advance for any and all help you can give me.
This is only a small part of what you must know in order to properly defend against a lawsuit. That is why it is important to become a creditwrench students. My students learn this kind of stuff very quickly. You can become a creditwrench student by calling 405-684-9297 or 405-227-9423. Learn how to win without lawyers.

Help I'm being sued!!

Help I'm being sued!!
Question: My wife and I have been served with papers today stating that we are being sued for multiple deliquent accounts. I have no idea how to fight this and all of them total up to a very big sum. The interest alone os over $700. I am a city police officer and the only source of income in my household. My pay amount is decent but the cost of living here is atrocious!!!! Everything that I make is sucked up by the cost of living. I make roughly $1400. every two weeks, but my rent is 1050, car payment(on the only car we have, the other was repossessed) is $454, insurance is $80, phone bills at least $150, gas (we won't even go there)electricity is $190 or so, food is probably $400-500 (I have a four, five, and six year old)....I mean I can't afford to pay attention!

All of the deliquent accounts are from 2005, 2006 and 2007. I have told the collection agency that I will start a second job in Spring to pay, but they went ahead and filed with a local attorney. I can't pay, I can't afford garnishment, I can't do this! I was just about to file bankruptcy next month which will be too close to the court date won't it? Please help!!!

Answer: If you are a law enforcement officer you recognize that two wrongs don't make a right. Example. If I am stopped for an traffic offense and I am respectful and cooperative with the officer, have no weapons, drugs, liquor or anything illegal in my possession but the officer beats me up Rodney King style because he is angry for whatever reason, can he be sued for his wrongful acts against me? Of course he can be sued. It is the same in the world of debtors. You may owe money but does that give them the right to violate your rights under the law? No, it does not, but they do it routinely and with impunity because few people will ever sue them for their violations of law. Attorneys violate the law in the process of debt collection all the time. They lie to the courts routinely and get away with it in local courts. Local court judges go along with it and say nothing. They care not one whit for debtors such as yourself or their rights. The only thing they care about is getting justice for the creditor and their attorney and nothing at all about the rights of the citizen before them. The citizen can demand to have an accounting of the amounts claimed and the judges just deny it and give judgment to the plaintiff even though the law plainly states that if a debtor demands an accounting it must be provided to him. Debtors can dispute the jurisdiction of the court and even if it is plain that the court does not have proper jurisdiction to hear the case and the defendant disputes jurisdiction the courts deny such allegations and move on to judgment. That in spite of the fact that the United States Supreme Court has ruled on many occasions that if jurisdiction is challenged all further action must be stopped until that issue is resolved. You will not get justice in the court proceedings you are faced with any more than citizens do in local traffic courts. As an officer in court you are always right and the defendant hasn't got a crying chance. It is the same in the court you are now faced with. The attorney is an officer of the court and you are nobody. But there is a way to get justice and that way is to sue the attorney for his illegal acts in U.S. Federal District court where the only question before the court is whether or not they broke the law. The fact that you owe money matters not. I can guarantee you that the attorney and the plaintiff have broken the laws in several ways. So what are you going to do? Are you going to stand still for having your rights under the law ignored and stomped on or are you going to fight back and make them obey the law just like they expect you to do? Don't even consider bankruptcy. That is an exercise in stupidity. If you want to start learning how to defend your rights just click on the following link.
If you want to start learning click here

That will give you a preview of what you need to learn about. There will be lots more links there you can follow to see what you might be able to do.

Richard Cornforth Seminar in Oklahoma City

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

CREDITWRENCH-THETRUTH

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

Michigan bar member for 29 years & don't know how to defend.

#1 11.01.2007, 10:18

bobblehr Newbie Join Date: Jan 2006 Posts: 4

Help: I am being sued I received a summons last Friday from a CA while I was out of town (Left it with my brother). They didnt stamp/date anything. I want to file the "Intention to Defend" but cant afford an attorney to help with it. Should I just sign it and leave the reasons blank for the time being? Also, is this form mailed in or filed in person? I pulled the attorneys records in my county, and am going to see if I can watch a case this week.

apexcrsrv

View Public Profile

Visit apexcrsrv's homepage!

Find all posts by apexcrsrv

#3 11.19.2007, 16:00

knk112 Newbie Join Date: Nov 2007 Posts: 1

I been served last week also! I'm plan to defend myself. I have 10 days to file and answer. I'm going to the courty house to the law library to get research similar cases and affrimative denfenses that I can use.

knk112

View Public Profile

Find all posts by knk112

#4 11.21.2007, 11:36

Capitan Newbie Join Date: Oct 2007 Posts: 2

Lawsuits Ideally, you need to talk to a lawyer. If you can't afford one, call your county bar association and see if they have either a referral program (you can have a 1/2 hour conference with a member attorney for free) or legal aid resources. If that is not an option, try to locate the court's court rules online, usually at a state court website. Depending on the state and the court, "leaving a summons with your brother" may or may not be good service. You need to make sure the CA is following the court court procedure. --Michigan bar member for 29+ years.

Capitan

View Public Profile

Find all posts by Capitan

#5 11.21.2007, 21:44

cap1sucks Senior Member Join Date: Jan 2007 Posts: 598

Intent to defend, affirmative defenses, answers to the summons, lawyers, all of them about as useful as putting a milk bucket under a bull if not worse. The best way to deal with a summons and complaint in most cases is to file a motion for more definitive statements. Make the lawyer explain and prove each and every little thing he says in his complaint. If he says his plaintiff is duly authorized to do business in your state make him explain who authorized his plaintiff to do business in your state. By what authority do they do business in your state? If he names First USA Bank N.A. as being the plaintiff (for instance) go to google and type in OCC and hit search button. That will take you to the office of the comptroller of the Currency which is a government agency of the United States Treasury. Look in the right hand column and you will see lists of all of the banks authorized by the United States Treasury to do business as Nationally Accredited banks hence the letters N.A. and you just might be surprised to learn that First USA Bank is not even listed there, much less being a N.A. bank. So if that is the case for the plaintiff in your case then make the lawyer explain what N.A. means and prove that the plaintiff is not a nationally accredited bank as he has claimed. If he says that the court has jurisdiction and venue make him explain what those terms mean and by what authority does the court have jurisdiction and venue. There are multiple forms of jurisdiction. Make him tell you whether he means geographical jurisdiction, subject matter jurisdiction, IN PERSONAM jurisdiction or exact which types of jurisdiction the court has and how it got jurisdictions. His simple statement that the court has jurisdiction don't cut no ice. If he talks about Quantum Meriute then make him explain what that is and how it applies to you. If he talks about ACCOUNT STATED or UNJUST ENRICHMENT make him explain those terms to you because you are so stupid you don't understand a single thing he claims and you wouldn't admit it if you did. You can't file a motion for a more definitive statement in some states but you can demand a Bill of Particulars in those states and so you simply call your motion for more definitive statements a Bill of Particulars instead of a motion for more definitive statements. Same thing, really, and either way it serves as your response to the summons and complaint even if the judge won't let you do it. Most judges will allow it. And of course the lawyer will object to that in many instances, so if he files an objection you will have to answer his objection and state why you don't understand all his legal nonsense. As an unsophisticated consumer you have the legal right to demand those explanations in order to properly prepare your defense. If he still don't answer all your questions then you file motion to deem admitted. You have that right because the court obviously ordered the plaintiff to answer so if they don't they are actually in contempt of court and can't use any of those terms or statements in their prosecution of the case. So if they can't use any of those words, terms or phrases what have they got left? Nothing at all. Then send them a demand for production of documents and if they don't respond then you can file motion to compel or subpoena Duces Tecum, either one. Then when they do answer your demands you probably will either have grounds to dismiss or you might be able to use them to craft your interrogatories and demand for admissions. More ammo to use against them. Then get ready for the real fun by taking them to federal court for violations of FDCPA and FCRA and that's when the rubber really meets the road. Once you get them there it is no longer a question of whether or not you owe them money bur rather only why they broke the law and if you are right and you have the proof of their wrong doing and you get to the Rule 26(f) meeting and you explain to them what they did wrong and show your proof they suddenly get religion and they don't want to go to a full blown trial at any price. They will probably only want to know what it is going to take to make you go away. Of course, the price is going to start off with dismissal of their lower court suit, promise in writing to never reveal the terms of the settlement agreement to any third party for any reason whatever, never sell or assign the debt to any other party, pay your court costs and your attorney fees (federal courts have now ruled that even as a pro se they must pay you reasonable attorney fees and judges who refuse to award you attorney fees will be reversed on appeal) and remove any and all derogatory remarks from your credit reports. They don't want to agree to those terms? Ok Pal, we will let the judge and jury decide what happens and believe me, they don't want to go there. Now that is the way to get your credit repair done once and for all. __________________ Cap1sucks message forum

cap1sucks

View Public Profile

Visit cap1sucks's homepage!

Find all posts by cap1sucks

#9 11.22.2007, 09:01

Oracle Member Join Date: Nov 2007 Posts: 77

Cap1sucks seems to be getting ahead of himself. Intent ot Defend is likely a jurisdictional term for answering the complaint. Without an answer, the plaintiff can go for a default judgement. Cap1sucks is talking about discovery, a very separate part of the court process and dictated by the Court's rules of procedure. Original Poster needs to answer the complaint and add any affirmative defenses that he might have. He can then move on to discovery. As much as Cap1sucks would like to have the procedure meet his view, the Courts have the power to define how they work. And they have. Original Poster, get an attorney, or read the Rules of Civil Procedures for your district and proceed accordingly.

Oracle

View Public Profile

Find all posts by Oracle

#10 11.22.2007, 09:42

apexcrsrv Senior Member Join Date: Nov 2006 Location: West Virginia Posts: 707

No, Cap1sucks is absolutely correct. A motion for a more definitive statement is filed before a responsive pleading. Think about it, how can you file an answer to a Complaint you don't comprehend. Now, my bet is that this jurisdiction follows the notice pleading rules of procedure but, moving for particulars (sorry, VA Procedure kicking in) is an excellent procedural move which, naturally, comes before an Answer. If this is debt purchaser, they usually never respond. If an Original Creditor, they probably will object citing notice pleading yada yada yada. Just oppose the objection and the judge will defer to the self-represented litigant. However, a Motion for a More Definitive Statement is not in the province of the discovery process. It is not interrogatories, admission, requests, inspections, etc. It is filed pre-Answer, Motion To Dismiss, JMOL or whatever you choose as a responsive pleading. In fact, if you file that answer, you cannot turn around and then file this or a 12b6 or really anything besides a dispositive motion on the facts or law. Procedure is gone. No, because the OP has already stated that they can't afford an attorney file the Motion IF THEIR IS A CONTRACT ATTACHED TO THE BACK OF THE COMPLAINT. If there is no contract, simply file a Motion to Dismiss because the Plaintiff has requested relief which cannot be granted. In other words, they have no evidence without a contract. They may have an affadivit instead. If that is all, call the judge's chambers and set a trial date or wait for it if already set. They won't be able to get the affidavit in without the affiant being present. You will then move to dismiss/strike at their close insofar as they cannot prove the allegation that their is a debt which you owe to them. Actually, in the above case, you would be able to counter under the FDCPA. __________________ http://www.apexcreditservices.com

apexcrsrv

View Public Profile

Visit apexcrsrv's homepage!

Find all posts by apexcrsrv

#11 Yesterday, 22:21

cap1sucks Senior Member Join Date: Jan 2007 Posts: 598

Quote: Originally Posted by apexcrsrv No, Cap1sucks is absolutely correct. A motion for a more definitive statement is filed before a responsive pleading. Think about it, how can you file an answer to a Complaint you don't comprehend. . Thank You, Apex. Now then, as to another statement you also made in that same post to which I currently reply, you said Quote: Actually, in the above case, you would be able to counter under the FDCPA. I also concur with that statement with just one little exception. While one can do just as you have suggested it is not practical to do so in most lower courts for the simple reason that the only question before the court is whether or not the debtor owes the debt and that is the only thing the court is usually interested in hearing about. Anything else will be totally ignored or ruled against. What they might have done to the defendant has absolutely no bearing on whether or not the debtor owes the debt. As Bill Bauer teaches, the answer is to file in federal court for their violations of FDCPA and not try to use it against a plaintiff's demand for payment via judgment proceedings. In federal court it makes absolutely no difference whether the plaintiff owes the defendant money or whether the defendant has a judgment against the plaintiff or any of that. The only question before the federal court is whether or not the defendant broke the law. is currently heavily involved with beating arbitration cases and seems to be making some headway. One of his students in Missouri filed a motion for injunctive relief against arbitration and NAF had an attorney put in an appearance objecting to the motion for injunctive relief but that attorney cannot put in an appearance for NAF in the case for the simple reason that no arbitrator can be sued nor can they appear in any court case. They are totally immune from any court action against them. So their attorney has no right to appear in any court of law to object to the plaintiff's motion for injunctive relief in the Missouri court. So the next move seems to be to put in a motion in limine to exclude anything the NAF attorney might say. According to both federal and Missouri state law NAF can neither be sued nor can the make any appearance in any court of law on their own behalf. The way I found out about all this was by listening in on his Friday night conference call last night. Bill didn't say much but just let everybody else do all the talking. The call started at 7:00 P.M. and lasted until after midnight as they usually do. They also talked a lot about IRS and 1099 forms but that was late in the evening and when that started it was about 11:00 and I got tired and went to bed. __________________ Cap1sucks message forum

E. Normis Debtor pulls another dumb act.

Recently E. Normis Debtor posted the following on his blog which he calls westerncapital-thetruth from which he posts his venomous remarks about Robert Paisola, Thief-in-Chief of Western Capital Financial. Here is what he had to cry about.

Sunday, October 28, 2007
New federal lawsuit filed against Paisola
As promised, here is a copy of the most recent federal suit filed against Western Capital CEO Robert Paisola.

http://www.geocities.com/e_normis_debtor/tstn.pdf

The latest information I have indicates that Paisola is, once again, attempting to evade service. Accordingly, I will be dispatching my top investigator to Utah to assist in locating him.

// posted by E. Normis Debtor @ 3:19 PM

Normie is all mouth and no action. Like Robert Paisola, he has no investigators, top, bottom, middle or any other kind. He first promised to post the case he refers to back on October 17th and still hasn't produced it. As usual, if you want the truth, the whole truth and nothing but the truth and you want production rather than hot air you need to reply on creditwrench to provide it. Here is the entire complaint against Robert Paisola.

Assholes of the world

While Normie's picture isn't in this short movie, the music fits him like a glove.
Assholes of the world

Creditwrench-thetruth.com

I see that the fool who maliciously calls himself "creditwrench-thetruth" has now decided to bring his nonsense blog back up on line. He hasn't found anything new to post on it however. His tirades make little sense and their falsity is quickly revealed by simply visiting Allexperts.com and checking out the answers given by Creditwrench CEO Bill Bauer and you will soon see for yourself how ignorant and baseless the statements made by Enormis Debtor really are. Here is one such answer to a question posted by Kita.

Name: kita

Subject: constable trying to deliver on a credit card debt

Question: Hi. I was informed that the constable here tried to deliver a paper of some sort and all he would say was it was about a credit card. I was informed that I can be sued. I live in texas and are wondering what should i do..can they put a judgement on my home and also I have gas royalties paid to me monthly can they attach to that or my bank accounts or garnish my wages? is there any forms i can fill out to delay any of this? do I avoid the constable? i do have credit card debt i think in the ammount of 30 to 40,000 dollars and i did try and negotiate payment with them yrs ago due to unemployment but they wouldnt work with me and im sure now it has racked up. so what are my options and where do i find forms, and how do i find out where to send them .I do figure it is Asset Acceptance or something like that i did call them a few months ago about a charge that wasnt mine and they brought up alot of other stuff as well and well talked very ugly to me so i hung up..I have alot of bills and alot of health things going on which take my money for insulin and so forth and i know there are ways to do something with out filing bankrupsy...you seem very intellegent and informative and any info you can provide would be so helpfull..

thanks

kita

Answer: I'm pretty sure you called me on the phone this afternoon and we discussed this entire matter but I'll answer anyway.

I do appreciate your calling me. Can they take your oil and gas royalties? They can attach those if they find out you are getting them and yes, they can eventually force you to tell them about that in a garnishment hearing. If your home is homesteaded in Texas then it should be safe from liens. Do you avoid the constable? That's up to you but I sure wouldn't bake him a cake and invite him in. If he catches you in then you might as well take the summons. They will nail it on you one way or another sooner or later but in the meantime you might as well get all the time you can until they do hang it on you. Bankruptcy is a very poor thing to do. As a matter of fact, the new bankruptcy law has made it so much harder to file bk now that large numbers of people are simply walking away from their mortgages rather than filing BK and that is beginning to bite back by drastically adding to the home foreclosure problems the nation is already having. If they had left the BK laws alone and let people include their mortgages in bankruptcy and end up keeping their homes that would not have happened. The system wasn't really broke and they tried to fix it anyway and now it is coming back to haunt them in ways they never dreamed would happen.

And it could not have happened at a worse time for our economy. Bankruptcy never was a good option anyway. Creditwrench methods work in such a way that the same thing is accomplished with a lot lower price tag and is much better because it leaves on bad marks on your credit reports. All of that just confirms an old adage that says that government never has answers to the questions one needs answered. All they manage to do is create more questions which also remain unanswered for all practical purposes.

Callier vs Bauer -- Bauer wins the case.

Bauer defeats Plaintiff in Callier v. Bauer

The plaintiffs in Callier vs. Bauer, a federal court case in El Paso Texas lost their case when they could not prove their allegations.

Since they could not prove their case they have obviously filed a malicious lawsuit against Creditwrench CEO Bill Bauer.

How can we know that such is the case? That's easy. Here are the requirements to prove a case of malicious prosecution.

The elements of a malicious prosecution case are (1) that the defendant filed and/or prosecuted the underlying civil action; (2) a favorable termination of the prior case, in which the innocence of the former defendant was established; (3) the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable; (4) malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause, and from inadequate investigation and research, and (5) damages.

Obviously it will not be difficult to prove that the defendant filed and or prosecuted the underlying civil action.

And it will not be difficult to prove that the termination of the prior case in which the innocence of the former defendant, Billie Bauer was established when the plaintiff(s) could not prove their case and had to let it be dismissed by the court for lack of proof of their complaints.

The third element of proof is that there was no probable cause meaning that no resonable attorney would have considered it to be tenable and

Malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause and from inadequate investigation and research and

of course the damages. The Plaintiff in the new case soon to be filed in the Western District Federal Court in Oklahoma City, Oklahoma will probably ask for and demand unlimited damages.

The first case will be filed against Ana Callier for her attempt to claim that Creditwrench CEO Billie Bauer had stalked her under 18 U.S.C. 2261(a). Since there had never been any contact of any kind whatever with the defendant by the new plaintiff, Ana Callier could not possibly have proven her case and the Judge in the previous case obviously knew that. The court's major reason for dismissing the case presented by Ana Callier was that the charge of stalking under 18 U.S.C. 2261(a) is a criminal complaint and can only be brought by a U.S. Prosecutor thereby fullfilling the third element of malicious prosecution.

On Thursday, June 21, 2007 the author of the blog known as angryconsumer.blogspot.com wrote the following, to wit:

Yup, that's right, Billie we've had enough of your stuff, and you've been sued. It was filed yesterday, and you should get your invitation around 10AM to the party we are having in his honor in court. Come on down, bring a friend, and we can all get to know each other really well in court.

If someone has such a burning desire to meet me in a federal court their hearfelt desire should not be denied. To do so would indeed be a shame and so in order that they might have their burning desire fullfilled we will give them that opportunity to do so by inviting them to come to Oklahoma City for that special purpose. Our first invitation will be directed to Ana Callier. I'm sure that lady would just love to come to Oklahoma City to defend a case of malicious prosecution against her for unlimited damages.

Of course, since I am well aware that such a trip will be a bit expensive for her I will give her the courtesy of reducing the costs of such a trip in the following manner.

Notice of Lawsuit and Request for Waiver of Service of Summons
TO:Ana L. Callier

A lawsuit will be commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. It will be filed in the

United States District Court for the Western District of Oklahoma and has not yet been assigned a docket number.

This is not a formal summons or notification from the court, but rather my request that you sign

and return the enclosed waiver of service in order to save the cost of serving you with a judicial

summons and an additional copy of the complaint. The cost of service will be avoided if I receive

a signed copy of the waiver within 20 days after the date designated below as the date on which

this Notice and Request is sent. I enclose a stamped and addressed envelope (or other means of
|
cost-free return) for your use. An extra copy of the waiver is also attached for your records.

If you comply with this request and return the signed waiver, it will be filed with the court and

no summons will be served on you. The action will then proceed as if you had been served on the

date the waiver is filed, except that you will not be obligated to answer the complaint before 60

days from the date designated below as the date on which this notice is sent (or before 90 days

from that date if your address is not in any judicial district of the United States).

If you do not return the signed waiver within the time indicated, I will take appropriate steps to

effect formal service in a manner authorized by the Federal Rules of Civil Procedure and will

then, to the extent authorized by those Rules, ask the court to require you (or the party on

whose behalf you are addressed) to pay the full costs of such service. In that connection, please

read the statement concerning the duty of parties to waive the service of the summons, which is

set forth on the reverse side (or at the foot) of the waiver form.

I affirm that this request is being sent to you on behalf of the plaintiff,

this ___ day of ________, _____.


___________________________
Signature of Plaintiff Pro Se

Waiver of Service of Summons
TO:____(name of plaintiff’s attorney or unrepresented plaintiff)____
I acknowledge receipt of your request that I waive service of a summons in the action of

____(caption of action)____, which is case number ____(docket number)____ in the

United States District Court for the ____(district)____. I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by Rule 4 .
I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if an answer or motion under Rule 12 is not served upon you within 60 days

after ____(date request was sent)____, or within 90 days after that date if the request was sent outside the United States.

All that Mrs. Callier will have to do in order to save the costs of service of summons is to sign the document before a notary public when it arrives at her home in El Paso Texas and return it to the Plaintiff via certified mail return receipt requested and she will then save the costs of service of summons.

That will at least be a small benefit in terms of cost savings. When will I actually send the above to the lady or when willI file the case against her? Well, only time will tell.