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"Don't put a man down because he advertises his services wherever he can. It is the only means he has to let others know about his talents and what s/he can do for you. Advertising is the name of the game wherever you go including message boards and social media such as facebook and twitter and many more."

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"Learn how to fignt back against an illegal arbitration attempt. Creditwrench leads the way in teaching how to do that."

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Bankruptcy?

creditwrench@gmail.com (Creditwrench) — Mon, 08 Jun 2009 07:56:13 PDT

Quote:

Originally Posted by jjgross

Have her consult with a bk attorney.

Why is it that when people are already in a deep hole others want to suggest that they dig their hole even deeper? That is something I have never been able to figure out. Debt consolidation, mortgage elimination, bankruptcy and other such scams only serve to put people in worse shape than they already are. All are expensive so those who have little or no money can't afford to do any of those things and none of them will save the home from the tax man. Nothing will save the home from the tax man except cash and if the homeowner can't come up with the cash the lender will most likely do so.

Failure to keep up the taxes and insurance not to mention failure to meet payments in a timely manner usually constitutes a breach of contract giving rise to a foreclosure action against the homeowner. Mortgage foreclosure action by lenders can be defeated. It is being done with ever increasing regularity all across the U.S. as more and more judges are becoming aware of the gigantic scam perpetrated upon the American people by the mortgage lending industry, but no illegal or nefarious action by the lender will mitigate the fact that the homeowner failed to make the payments as agreed.

In the current situation somebody has to come up with a substantial amount of cash or the home is gone. Somebody has to be willing to put up not only the tax money but the money to meet the demands of the lender which is going to be much more than seems apparent at this time. Maybe several thousand more than what she seems to be behind.

Bankruptcy would cost at least 2 to 3 thousand and is unlikely to save the home from the lender. I've known several people who have tried it only to lose that cash too and the home as well. All that was accomplished with bankruptcy was to stave off the inevitable for a little while longer.

How to save the home from foreclosure once the tax man has been paid depends on whether or not the home is located in a non-judicial foreclosure state. If the home is located in a non-judicial state such as California, Arizona, Georgia, and many more the odds against a successful defense are much greater than in a judicial only state but in either situation a mortgage fraud investigation is essential to a successful defense. That can cost anywhere from $500 up to as much as maybe $2500. The only difference in how much it costs is who is hired to do the job. I know of a man in Arizona who will do it for about $500 but no guarantee as to how long it will take to get the results. Probably several weeks or more. I know a man in MD. who will do it for $1,000 and guarantee results in 7 days. I also know of a group of people who do a lot of advertising claiming to be able to save the home. The fraud examiner claims to be certified by some organization and to be able to go into court and testify as an expert witness. That fraud investigation costs at least $1500 last time I heard and apparently without any hope of ever getting an actual fraud audit report. The party doing the advertising has two web sites telling people how to beat foreclosure but is in foreclosure himself and is filing BS arguments in the court hoping his nonsense will save the home. It simply isn't going to happen. The so called expert can't even save his own home from foreclosure but wants others to believe he can save theirs and pay him handsomely for his efforts.

Even if a fraud audit is obtained it will do no good in local court since, as usual, the only question before the court is whether or not the defendant owes the money and the outcome is almost always the same. Arguments about notes are highly publicized when they happen to work but nobody talks about how many times that argument failed. A somewhat educated guess might be that no note arguments might work is maybe 1% of foreclosure cases if that.

The only realistic hope of a win is get a mortgage fraud audit from a reputable auditor then use the results in a federal case against the lender. That can work if the fraud audit is favorable to the homeowner but even then it is unlikely that the homeowner will get his house for free.

But the most important thing of all to learn is the following: If you are in a deep hole then for Heavens sakes don't do anything to dig it any deeper.

Creditwrench web site

I have a great deal of creditcard debt

creditwrench@gmail.com (Creditwrench) — Wed, 13 May 2009 15:18:33 PDT

Subject: credit card debt
Question: i have amounted a great deal of credit card debt and when my husband lost his job a few yeas ago we couldn't pay. we are a a time when we can begin to repay some of these debts and are trying to do so one at a time.. i obviously can't pay them all at once. i have a law firm sending me letters of intent to sue over $10000 owed to citibank. i spoke to a rep that told me that they would deduct 200 for the next to months from my checking to show an intent to pay while i finish out the pay arrangements with other creditor. and then we would discuss settlement. however the check hasn't been withdrawn and I recd another letter from them with an intent to sue.. what do i do at this point? should i make the payment myself directly? can they still sue? What is my next step?

Answer:

click here to enlarge
They can sue you and they can garnish wages, seize bank accounts, possibly seize vehicles that are free and clear of debt, boats, trailers or anything that has a title to it registered with the department of motor vehicles in your state. It is also conceivable that they could send a sheriff to your home to see what they can find to sell. You need to become a creditwrench student and learn how to keep them from grabbing everything you have.

Judgment recovery

creditwrench@gmail.com (Creditwrench) — Tue, 05 May 2009 13:56:10 PDT

Judgment recovery is an occupation that is very dangerous to those who have judgments against them. Judgments can lie dormant for many years and suddenly pop up to bite the judgment debtor. In fact, most judgment recovery companies such as Toxic Assets Recovery normally like to work old judgments more than they do recent ones. In order to facilitate their efforts to locate debtors who have judgments against them some firms are using various social media web sites such as Facebook, Twitter and many others. Typically, women are used to attract debtors to their folds. They go through these social networks gathering as many new followers and contacts as possible then compare names, addresses and other information about their followers to the lists of people they are searching for. When a possible match is found they contact that person in their attempts to collect the debts that are owed by their contact.

Use of this new technology illustrates how advanced skip tracers are these days. This method is a very advanced and interesting new approach to locating debtors.

creditwrench@gmail.com (Creditwrench) — Thu, 09 Apr 2009 04:39:06 PDT

http://ping.fm/iABBn

Mobile post sent by creditwrench using Utterli. Replies.

creditwrench@gmail.com (Creditwrench) — Thu, 09 Apr 2009 04:38:43 PDT

http://ping.fm/fAK9C

Mobile post sent by creditwrench using Utterli. Replies.

creditwrench@gmail.com (Creditwrench) — Fri, 13 Mar 2009 21:45:56 PDT

Judgement received
Question:

I received a letter from my bank in November 2008 stating that National Credit Acceptance (NCA) won a judgement against me and have request information regarding my accounts. The bank gave my NCA's number and so I called them. I asked the woman what this was for and she started to yell at me telling me that I need to pay my bills. Let's just say the conversation did not end well and my question was never answered.

I was in the process of moving cross-country from NY and made the decision to deal with this when I was settle in my new place. By the time I got settled, my bank account was frozen and I could no longer get any money from my account. After a week of being told by my bank that NCA won a judgement against me, I received another letter stating what happened. I was astonished that I creditor can do this. CAN THEY DO THIS?

After some research, I now know that this debt was a car repossession that happened to me about 10-11 years ago. After the repossession, I didn't hear anything from the creditor and had no idea what rights I had; if any. I did see it on my credit report but also thought there was nothing I could do about it. Now NCA bought my debt and pursued the matter without notifying me and won. What do I do now?

The original repossession was in CA but I moved to NY and the judgement was won in NY. My friend (a criminal lawyer) advised me to call the creditor and make a deal with them. Should I do that? If I do that, is that going to put it back on my credit report for another 7 years? And what about the 7 years thing; so many people are telling me that it shouldn't have been on my credit report anyway since it was so long ago and that I should write to the credit report agencies and get it off. Is that true? With the judgement already won, can I have credit report agencies do that? Please help; I don't where to start.

click here to enlarge Your sad story is typical of those who fail to understand the truth of what I constantly tell them. Next they will go for wage garnishments, and if they can't get anything that way they will go for any vehicles that are free and clear, put liens on your home if you own it, send a sheriff to your home to grab any furniture, TV sets, anything of value that they can sell at auction to pay their judgment. Anything at all. They can almost leave you with an empty home to sit in. Your criminal lawyer friend don't have a clue unless you have the money to pay them with and it sounds like they already grabbed that. So what should you do now? The first thing you need is some protection from the rest of their garnishments. A way to stop them cold from getting anything else. A simple phone call to 302-200-3102 can get that job done for you. The folks at TARP can put a stop to their garnishments and seizures. Next you need to learn that even though they have a judgment and garnishment in place they are still 3rd party debt collectors and they will make mistakes and violate the law and you can sue them and force them to pay you good money to go away and not sue them anymore. In the process you can probably make them vacate the judgment and leave you alone."

What can I do about a Repo of my car?

creditwrench@gmail.com (Creditwrench) — Tue, 17 Feb 2009 06:09:13 PST

	latreece
:

Subject:	stopping a charge off
Question:	Is there anyway I can stop a charge off? I've been drastically ill and I was finally able to convince my Dr.to let go back to work,but now my auto is scheduled for charge off and I can't get to work if they reposses it is there any way to stop them from charging off
Answer:	click here to enlarge No, there isn't any way to stop the chargeoff and repo except by paying it off. You might as well get ready to survive the inevitable and end up coming out ahead of the game. The first step, of course, is to get yourself some other transportation. First of all, clean out the car completely. Get everything out of it. They will repo the car and sell it at an auction then come back after you for the deficiency balance which will most likely be greater than what you paid for the car in the first place or close to it. They will mess up your credit reports so you can't get another car financed. They will probably turn the account over to a debt collector to collect for them and they will add even more money to what you owe. When they turn it over to a debt collector is the time you can turn what is now a very negative situation into a very positive one. The debt collector will start calling you trying to collect the money. Most people think that is a terrible thing. They hunker down and won't answer the telephone after a few calls. They throw away any letters they might get from the lender and from the debt collector. They try to act like turtles and hide from the debt collector thinking it will all go away or they will escape somehow and they can do that for a while until one day the sheriff comes knocking on their door with a summons and complaint. Most will even ignore that and get a judgment against them. They will ignore that too and one day they will get a summons to an assets hearing and many will ignore that too. One day, their bank accounts will come up drained of all the money and their paychecks will also start coming up about 25% less than it previously was. They will endure that too, of course. After all, they know they owe the money and think there is nothing they can do about it. Is that what you will do? Nothing at all and just suffer and let the law take it's course? Or will you start learning what to do about it now before it all gets started and it is too late to do anything about it? Those who stop to think about how much money they had invested in that car only to lose it all and decide they aren't going to get beat out of the down payment and all the money they paid out over the months plus losing more and more over the coming months or years and all for a car they will never have start learning how to turn those nasty phone calls into actual cash in their pockets to help get their money back before the phone calls even start. They will start learning and before it is all said and done they might even be able to turn a disaster into a winning outcome for them. So how about you? What will you do?

Thursday night conference call with Richard Cornforth.com

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST

Thursday night conference call with Richard Cornforth

Tomorrow, Thursday night, December 18th we will be holding a conference call with Richard Cornforth. The call will start at 7:00 P.M. central time and will last until 9:00 P.M. This is a free call with no charge or obligation except that which your telephone company might charge you for long distance. Nobody will attempt to sell you anything nor attempt to get you to do or not do anything. It is strictly for informational purposes.

The call will be an actual meeting of Richard Cornforth's J~accuse group with Richard Cornforth presiding. Callers attending the meeting via the conference call instead of actually attending the meeting will be asked to follow the format of the meeting and not attempt to hold conversations with other callers. All questions will be directed to Richard Cornforth and he will be the only one answering questions. Please use *6 to mute yourself until the time comes to allow people to ask questions. When you ask questions please identify yourself by first name only and tell us what state and city you are from.

Richard usually starts each bimonthly meeting off with a lesson about something or other often about IRS or debt collection. Please listen quietly until the moderator opens the floor to questions then you can feel free to jump in and ask questions.

The meeting will start promptly at 7:00 P.M. and will be set up a couple of minutes prior to the start of the meeting by the moderator.

Richard Cornforth is a nationally known public speaker and travels extensively giving seminars in many cities each year.

The call in number and pin is:. 1-712-432-1601 Pin is 508548#

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Debt Collectors going bankrupt

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST

Debt collectors are going broke by the droves. Junk debt buyers are especially prone to going broke because they have a heavy investment in debt but debtors are less and less able to pay. That situation will worsen dramatically as America goes into the throes of a deep economic depression that is well underway. As junk debt buyers go belly up throngs of debts will end up being forever uncollectable because there will be no records left to collect on. Many lawfirms who also depended on the collections industry will also go broke for lack of business and income. Lawyers and paralegals alike will have to find other legal fields to go into or go out of business as well.
Another beneficiary of the depression is likely to be our court systems as their workload goes down. Hopefully that will equate to lower taxation needs too. Pensioners will be getting an increase of about 10% starting in January. That coupled with rapidly declining prices at the retail level should put them in good shape which goes to prove the old axiom that every dark cloud has a silver lining.

Debt collector closes down By Jonathan D. Epstein

NEWS BUSINESS REPORTER A Buffalo bill collector has abruptly shut down and laid off all 73 employees, after the company president said cash flow woes left it unable to continue operating.

Elite Recovery Services, located on Great Arrow, closed on Thursday, sending its workers home suddenly without severance pay or any other benefits.

Company president and CEO Richard C. Corica said Elite shut down because of “economic reasons,” although he did not elaborate. He said the company, which buys credit card debt and tries to collect on it, did not file for bankruptcy and is not struggling to pay debts, but its expenses are higher than its revenues.

He said management is negotiating with an unidentified third-party to try to save the company, but would not go into more details about the discussions or the third party. He cited the confidentiality and sensitivity of the talks. “I’m hoping some other solution can take place. I hope something can be recovered,” he said in an interview. “We’re negotiating, trying to save it, to make sure there’s the capital to make sure this thing can work.” He said he hopes to know by early next week whether the effort is successful. If not, he said, he might even be able to pay the severance the workers may be owed. “We’ve always been very fair to our employees and paid them for the hours that they’ve worked,” he said. “Outside of that, there’s nothing I can say until I know the final result.”

Elite is the second locally based debt collection firm to shut down abruptly in recent weeks, after First American Recovery Services in Amherst filed Chapter 11 bankruptcy last month. It cited a slowdown in payments from consumers and the decision by its lender to shut off a credit line. jepstein@buffnews.com

Garnishment against pensioners is illegal.

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST

Subject: Capitol One Credit Card debt from 2002Question: QUESTION: I have just received a letter from my bank here in NY that my checking account funds are being withheld, and a copy of the Restraining Notice and Judgment for a Capitol One CC debt from 2002 when I lived in Florida. The account is a direct deposit $459.00 pension account only.

I immediately called the banks legal department and then the collection company and spoke to the attorney there who is handling my case. I explained to him that I paid on that CC only the charges that were mine and not the charges that were scammed by someone other than myself or anyone I know, and the charges were dismissed against me. However, he claims that I now owe for those charges, plus all the late fees since 2002. The amount of the charges were less than $1000 and the total debt is now over $6000. I shredded all my paperwork from Florida when I left there and do not have any proof of the CC statements. Big Mistake!

I relocated back to New York State in 2002. I am 65; retired in 2000; divorced in 1991 and pay QDRO from my pension to my ex that leaves me with a $459/month pension; have no real property; a 1996 Blazer with 135,000 miles in fair to poor condition; rent apartment with a 72 yo female companion where we share the expenses.

Any advice you can give me would be appreciated. Thank you.

ANSWER: That's a tough one to say the least but it also can be turned into a great benefit to you. They have illegally garnished your pension funds. They can't do that. It is against the law for them to do that and you can make them return all the money and pay dearly for having done it. You have to file in federal court but you can do that for free by filing in forma pauperous. Of course, when you win you will have to pay the filing fee of $350 but you can make them pay that for you on top of having to give back all the money they took. You might also be able to include the bank as a co-defendant although I wouldn't guaranteed that. After all, they were an accomplice to the act. They obeyed the court order and knew or should have known that they could not legally allow that to happen.

The lawyer and the plaintiff would have to pay you some heavy damages and attorney fees as well. You can also make them vacate the judgment and garnishment proceedings that allowed it to happen to ensure that it don't happen again. And you can learn how to do it without hiring a lawyer to do it for you. That way you get the attorney fees as well. You should end up with at least a couple of thousand or more on top of getting all your money back.

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

QUESTION: 1) Should I contact the collection company and tell them what you have advised me?

2) Should I contact my bank also?

3) Can I use the entire question and answer in my contacts with the collection company and my bank?

Thank you.

ANSWER: Should you contact the collection company? Absolutely not!
Should you contact your bank? Yes! Tell them they had no right to have complied with the garnishment order and you demand your money back. If they refuse then tell them to expect a summons to federal court.

Entire question and answer? I don't follow you there.

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

QUESTION: Just wanted you to know, with the advice you gave me, before I received your last reply to my 3 questions, I corresponded with my banks legal department and the managing officer of the collection agency.

That same day, the agency sent my bank a release on my account. Wow!

My question is, what can I do to get the judgment removed?

Thank you so very much.
Answer:
click here to enlarge That's going to be much more difficult and maybe impossible. The first question has to be how long it has been since the judgment was filed?
There are probably several more questions that will have to be answered but in the end the only possibility of getting the judgment removed will most likely end up with your having to file a federal lawsuit against them. In the first place, Cap One probably didn't file that lawsuit against you even though they were named as the plaintiff. If that is true then a 3rd party debt collector working on assignment for Cap One was the actual plaintiff. Of course, the lawyer that filed it was also a 3rd party debt collector. I'm wondering whether or not there was any affidavits filed with the court. If so that could well be the way to develop one or more causes of action against the lawyer and the debt collector. If we can figure out a way to get them into federal court then it is highly likely that we can force them to remove the judgment as part of the settlement agreement. You still have a cause of action against the debt collector and the attorney for an illegal threat to garnish your pension. That may very well be the strongest cause of action you will be able to get. You can file in forma pauperus since you are on a pension. If you win you will have to pay the filing fee but you can make them pay it to you before you have to pay it to the court. That's $350 and I've never seen a case where that couldn't be arranged. You very well could come out of this with a nice cash settlement as well as getting rid of the judgment. And you won't even need to hire a lawyer to do it yet you can get paid the same as a lawyer would get. That's several hundred more dollars in your pocket.

Creditwrench student from Tulsa, Ok tells about his win in court.

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST

A creditwrench student from Tulsa, Oklahoma tells how he won against a prominent Tulsa lawfirm in Tulsa County Court. There were two contributing factors to his win. He had been served with a summons and complaint but was called out of town for an extended period of time and could not reply to the plaintiff's discovery demands. When he returned he found that the plaintiff had filed for judgment based on his failure to respond to their discovery demands. He filed a response requesting more time to answer explaining why he had failed to respond, mailed his response to the plaintiff and at the same time sent his own demand for admissions. When he went to court the plaintiff dismissed the case. This was probably due to the fact that the plaintiff could not meet the defendant's demand for admissions of fact.

Listen to the words of the Tulsa, Oklahoma man as he describes what happened on the Friday night conference call for December 5th, 2008

Newspaper by Creditwrench

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST

If you aren't closely following the Creditwrench message board this is just a small sample of what you are missing.

Statute of limitations.

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST




	My mother co signed on a car loan that got repoed in 1999. The collectors are still trying to collect this debt. She has received 3 different calls from a law agency stating the were going to file something here in hillsborough county courts against her and I for the loan that in 2 months will be 10 years old. Is there a time limit they stop, or legally is there anything that can happen to my mother regarding this loan. She has a home, I rent. Neither one of us are financially set enough to take care of this debt, which some how went from 7,000 - now 12+,000
	click here to enlarge If I were you I would beg them to sue me. I'd even write them a letter certified mail return receipt requested begging them to sue me. Did they just call on the phone or did they send a letter saying that they were going to sue you? Or did they send any letters at all? If they didn't I'd wait till they called again and then I'd tell them to send me a letter. I'd hope that letter told me they were going to sue me. I'd hope their letter had some other violations too. But I'll bet they won't send you a letter telling you they are going to sue you. Not likely they would be that stupid. I'd just sit tight and try and get that letter first. Answer any calls and have your mother do the same. Record them and fix her up so she can record any calls too. I'd get the 18 questions to ask debt collectors every time they call which you can find at and print them out. Give your mother a copy too. That will soon put a stop to their phone calls but in the process of their calls I'd be sure to beg them to sue you every time. Here is why. That debt is way outside the limits of the statute of limitations. Filing a lawsuit would put them in violation of FDCPA because they misrepresented the legal status of the debt. Then I would keep a close track of my public record at the courthouse and if they keep the court dockets on the internet that would be easy to do. You can call up the clerk of the court and ask if you can check the court dockets on line. If not I'd go down to the courthouse about once a week to see if they filed a lawsuit on me or your mom. If they did I'd immediately prepare a motion to dismiss, order of the court, notice of hearing and certificate of mailing. I'd go file the motion then take the notice of hearing to the judges office and get a hearing date set. I'd also prepare a validation demand letter and a demand for admissions and send all of it to the lawyer's office by certified mail return receipt requested. I wouldn't wait for the sheriff to come knocking on my door. I'd do that long before he ever got me served. Then I'd go home and prepare my federal case against the lawyer and the debt collector and then go file that in federal court. Somebody does that to me and they will soon be wanting to know how much it is going to cost them to get me to go away and leave them alone. If my mother were still alive I'd wait until my case was over and done with then I'd have my mother go file the same case in her own name and she would get paid too. That's what I would do. So what are you going to do? Why not get on my conference call this evening and find out how easy it is to do that. You can talk to some of my students who have filed cases on lawyers and debt collectors and won. Some of them several times. Not one of my students has ever lost a federal case yet and you won't lose the local case either if you let me teach you how to win. The call starts at 7:00 P.M. Central time. The phone number is 1-712-432-1601 and the pin number is 598548 followed by the # sign.

How to win a lawsuit against all odds.

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST

Questioner: Richard
Subject: Court Summons
QUESTION:

I have received a real summons from the superior court of San Diego from Atlantic credit and finance inc and they filed through an attorney in San Francisco. the papers look legit with a file date and i confirmed the case with my superior court with the case number and it has been filed.

it says i should respond in 30 days (filed on 11/6/08) by written response and have a copy served on the plaintiff and it must be in proper legal form if you want the court to hear my case. what should i do? i tried looking for the proper form to use on the San Diego superior court website but i couldn't find the proper forms and i don't know how to get a copy served to the plaintiff. is it too late to send a letter to the collection's agency to validate the debt? and how do I respond to the court?

ANSWER: Yes, it is too late to send a validation letter to the collection agency but the lawyer is a 3rd party debt collector and you should send the lawyer a validation demand. You need to also respond to the summons and send a copy of your response to the attorney accompanied by a certificate of mailing and your demand for admissions and do it all at the same time. Send it certified mail return receipt requested.

You can learn much more about how to do that by listening to my talk radio show which aired this evening and every Monday evening at 9:00 P.M. central time. The shows are always archived at as are many of my training videos.

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

QUESTION: so let me get this straight, i shouldn't send anything to the collections agency at this point and just send to the lawyer and court right? how should I respond to the summons and the lawyer? do you have any sample letters for these?

Answer:

Letters get no respect in a court of law. Courts use a special format for all documents. Everything has to be double spaced and follow their rules of procedure. Everything must be prepared in a certain way. Not only that but you have to know how to win or you will lose every time.
You have to know what the other side will most likely do in response to what you do or don't do. If you don't have experience behind you everything you think should win will lose every time. Even though so called sample letters and sample documents are all over the internet those who use them still lose for a multiplicity of reasons. They were sent at the wrong time or they were used in a court of law with different rules of procedure or evidence or they were written and used because somebody thought they had a cute idea that would catch the court or the plaintiff's attorney off guard. Often they quote laws or court cases that have not been used for decades. Some are nothing but junk legal theories. Many people are angered because of how the plaintiff or a debt collector treated them and they believe that the judge ought to be as outraged as they are but judges couldn't care less. Judges aren't there to pat you on the back and wipe away all your tears. Defendants lose almost every time unless they know something the other lawyer don't know or isn't expecting them to know. You can't take bare feet and bare knuckles to a gun fight and expect to come out alive.

No, you shouldn't send anything to the collection agency. It is out of their hands once they turn it over to an attorney. So what does it take to win? You must know the rules of the court system. You must anticipate what the other side is likely to say and do before they do it and be prepared to beat them at their own game. You also have to know how to punch them out and win even though they win the first time around. Just because the judge says its all over don't necessarily mean that it is. It isn't over until you give up. You have to know how to fight back and be willing to do it no matter what. That is what Creditwrench methods teach you how to do. How to stand up, fight hard and win against all odds.

Powerful Pro Se Pleadings

creditwrench@gmail.com (Creditwrench) — Sat, 07 Mar 2009 14:36:14 PST

Tips & Tactics

Powerful Pro Se Pleadings ...

The missing piece in most pro se lawsuits is powerful pleadings ... a mistake even seasoned lawyers frequently make.

Your lawsuit stands or falls on its pleadings ... the "Complaint" if you're the plaintiff, the "Answer" if you're the defendant.

Then, of course, there are counterclaims, cross-claims, third-party complaints and answers to each of these, also. It's really quite simple the way Jurisdictionary explains it, but it's also extremely important to get it right when starting out!

Whether you win or lose depends primarily on how well you write your pleadings ... i.e., the part of your paperwork that states what your case is about, what you intend to prove, and what you want the court to do if you prove all the facts you say you will prove.

It's amazing how many people (including seasoned lawyers) do very little to pump-up their pleadings with persuasive power. Most of the pleadings you see are more like letters to the judge, rather than effective statements of the litigants' right to formal redress of their grievances.

Pleadings should state the legal grounds for what you want the court to do, and they should state the facts you intend to prove to show the court that you're entitled to the relief you seek.

That's what pleadings do!

Plaintiffs must state at least one "cause of action" plus all facts that support each cause. A cause of action is the plaintiff's right to sue. Every cause of action requires that certain facts be proved. The plaintiff's pleading, therefore, needs to state all the facts that he or she intends to prove ... all of them and nothing more!

Defendants must file what we call affirmative defenses along with their Answer to the plaintiff's Complaint. Affirmative defenses are something like causes of action. They are the legal grounds the defendant is relying on to show the plaintiff should not win! Though professional lawyers rarely go beyond just stating the affirmative defenses, wise defendants also allege all the facts necessary to establish each affirmative defense. (Lawyers aren't taught how to do this in law school, and the average judge hasn't a clue!)

Please don't treat pleadings as narrative "letters to the judge". It is extremely important to file pleadings that show:

All the laws that dictate you should win, and

All the facts you intend to prove to trigger those laws.

Every law depends on certain facts, but unless the facts and the law (cause of action) are clearly stated in your pleadings, your case starts off on a weak footing.

Why give the other side any help at all?

We can't teach you everything you need in these weekly Tips & Tactics newsletters.

There's much more you need to know if you want to win!

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You should also listen to our regular Monday evening Radio Talk show by clicking on the widget in the left hand column. If you would like to be a guest on the show you can do so by calling me at (405) 237-2174 or (405) 227-9423. The shows are all pre recorded. You can also find a widget on many other web pages throughout the internet. Each show lasts for one hour.

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Snowman4 [Flickr]

creditwrench — Sat, 02 Dec 2006 17:32:45 PST

creditwrench posted a photo:

A little snowman

Snowman3 [Flickr]

creditwrench — Sat, 02 Dec 2006 17:32:45 PST

creditwrench posted a photo:

A snowman with icecycles for a nose

OUSnowman [Flickr]

creditwrench — Sat, 02 Dec 2006 17:32:45 PST

creditwrench posted a photo:

Oklahoma City OU fans build a snowman

Snowman2 [Flickr]

creditwrench — Sat, 02 Dec 2006 17:20:05 PST

creditwrench posted a photo:

Another Oklahoma City Snow Man

Snowman1 [Flickr]

creditwrench — Sat, 02 Dec 2006 17:20:05 PST

creditwrench posted a photo:

An Oklahoma City Snow man