Don't do it! Please read

[TLK]

Hey KENSHIRLEY, ARE YOU A COLLECTOR? I must of pushed your button when I started saying a few negative things about them.

[LuciluS]

I didn't say that this is for everyone. I said don't waste your money on an BK attorney that can do nothing for you but abide by the unrealistic law's set forth by our goverment (who is controlled by our banking system)- it's all tied together! It's all one hugh scam. I have a 15 year old daughter that can get a credit card with A $1500 LIMIT- SHE DOESN'T EVEN HAVE A PIGGY BANK! Something wrong with picture- you bet! Sure you can make the monthly payments if everything in your life goes perfectly, but who's does- no one.If you have one unexpected expense (car needs repair-$600) in a month you're screwed. And believe me there will always be that unexpected expense. The Consumer protection attorney I use is one of the best you can get. I paying him $200.00 a month for 5 months to handle all of my cases and believe me there are plenty,16 to be exact. But if you have an attorney that knows how to handle these Blood suckers it's not a problem. He handles all the paper work and I never have to go to court. after four years in my state the collectors have no leg to stand on. You got to remember who you're up against- the bad guys, we're the good guys who just get into a bad situation- it happens to everyone somewhere is life. Without my Consumer protection attorney (CPA) I would be back in court filing another 13 or in court having to pay settlement. I'm telling you if you have unsecured debt (credit cards)and can't make payments because you got to use your money for other important things (car payment, food, insurance) let them go, don't pay them. You're protected if you have a good (CPA)These banks make millions and millions of dollars everyyear, so don't feel bad about it.

Sounds too good to be true, but want questions answered.

1. How long ago did you retain this Attorney.

2. Are you receiving notices from your Creditors. Are you receiving what your "CPA" is sending to the CC cards, Collectors or JDBs'?

3. Are you receiving Notices from your Creditors the balances are zero?

4. If so, won't you receive a 1099 for the 'write off' from the Creditor & in turn, will have to include the 1099 as income?

More Details....More Details LOL!

Luci

[floridian]

this is interesting, what state are you in... does that make a difference?

[kenshirley]

Hey KENSHIRLEY, ARE YOU A COLLECTOR? I must of pushed your button when I started saying a few negative things about them.

No, just don't take any crap from anyone.
And as all your posts have pointed people to a consumer attorney I suspect you may be one and just soliciting on their behalf.
People are in this forum to ask questions about bankruptcy, period.

[albacore44]

Wow............tough crowd here.

[floridian]

i did a quick google search in fla for such a lawyer... the only cpa lawyers i found, seemed to be concerned with things like the lemon law etc.... i didnt find any in my area that mentioned debt collectors in their web page...for what its worth..

[justbroke]

i did a quick google search in fla for such a lawyer... the only cpa lawyers i found, seemed to be concerned with things like the lemon law etc.... i didnt find any in my area that mentioned debt collectors in their web page...for what its worth..

It's probably because Florida is very creditor friendly. That is, most of these types of consumer protection lawyers, look to FDCPA, TILA and State laws to fight debt collection activity. I haven't heard too much about these types of lawyers and their successes in Florida either. That is not to say that there aren't a couple out there, who won't do this for you.

In the end, you always need to understand your exposure and what your game plan is, should this particular route not work for you. I would venture to guess (yes, just my own personal guess) that most lenders (for relatively small amounts) would give up when any lawyer sent them a CV or said "produce the writing or assignment" upon which the debt is based. Some just would rather 1099-A/C you and be done with it, as litigation is much more costly than sending dunning letters and automated phone calling.

It's definitely a tactic and a strategy. As some have already written, it's not a strategy for everyone, and may even be limited to the State of the debtor, and types of debts. However, many lenders (of revolving credit) are based in Delaware where usury and creditor laws are pretty much on the creditor's side.

Again, only my opinion.

[kenshirley]

And it can get very expensive to defend yourself in court too.

[justbroke]

And it can get very expensive to defend yourself in court too.

I didn't even want to bring up CO$t.

[catleg]

it's mandatory for the creditor to 1099 you after 36 months.
then you'll need another kind of cpa. :-)
and i do agree with you about the bankers, by the way.
it sounds like you have a pretty decent (i.e. 6 figure ) income so i'm not sure i understand how the 200 for the attorney is good but 550 for the bk13 is bad.
when your only tool is a hammer everything looks like a nail.

[HHM]

As I mentioned in your pointless other thread, you still haven't really said what your attorney is doing for you?

If you are actually here to educate, than do so. So far, your post amounts to, hire a consumer protection attorney to tell your creditors to stick it. Well, that is not very helpful.

[TLK]

It's very simple. I'm saying that you don't have to file chapter 13 and get caught up in a dead and lifeless 4-5 years. The CPA gives me all the detailed information on how to stand up for my legal rights as a consumer.. When I'm served papers (suied) I simply call him and fax him the suit information, he takes care of the rest. Two-three weeks later I received a notice from the judge for a nonsuit collectors by law can not call or write you demanding payment. They cannot call or contact your neighbor, bother, mother, employer or you while at work. They can call you home , but my answer machine takes care of that. You can check this CPA website out for yourself if you want more information This is not the CPA I use, but this one is very good that gives some free info, to fight collectors. Like I said earlier I've had two suits filed against me and both were nonsuit- that's the end of it, no more collectors will come after me for that money again; that's just the way the system works. The CPA I hired was once a BK attorney 20 years ago and he got tired of seeing people's lifes being ruined, now he enjoys his work to help the average Joe fight 'the system'. Hope this helps. I paid him $200 a month for 5 months to handle all collectors who came after me.The End.

[beyondtherapy]

Request for removal and ban of TLK

Mods- please remove the above mentioned website.

Thank you,
BT

[HHM]

Ok, that is pretty much what I figured, but I wanted TLK to at least mention what he was doing. For the benefit of board, here is what he is talking about.

Basically, he is talking about being a "professional debtor" (for lack of a better term). Yes, collection agencies do illegal things (in a civil sense, not so much in a criminal sense). And Federal and State laws do provide debtors with certain rights in relation to collection activity. What these sites offer (at least the legitimate ones) is "debt avoidance", but it is not really "debt solution". It's a fine line between what these sites promote and scam sites that say Income Tax in Unconstitutional.

They are really not doing anything more than what we post in our Collections forum. They are sending Debt Validations Letters, Cease and Desist letters, and when appropriate, reporting the collection agency to the state attorney's general office and FTC, among other things. These places are typically not representing you in court when sued, but give detailed advice on how to win a collection lawsuit (some of that advice is questionable), but 8 times out of 10, you can win a collection lawsuit against a JDB or Collection agency because they don't have enough information to prove the debt. But again, that lawsuit will not stand as a permanent injunction against future lawsuits for the same debt (because they sell it to another JDB). Some will go one step further and have you issue disputes with CRA's every 30 days to try to get the credit report clean. But again, as these debts get traded around, they all pop back on your CR.

Most people who start down this path end up finding out that it is a perpetual game. When one CA gets stopped, they simply sell to another and so on. Also, to actually "enforce" your consumer rights, you need to file suit against them. It's one thing to send the C&D letter, it is quite another to enforce it if the CA does not comply.

Also, going down this path does not help people achieve some of their goals. Try buying a house with 20 collection agencies reported on your credit report, or owing $100,000 in charged off credit card debt.

Thus, is this really a substitute to bankruptcy. I don't think so because it ultimately doesn't bring final resolution, but it is an alternative way. But it really is not for most people, you are still undergoing constant collection, lawsuits will be filed, etc. You need to ask what is better, constant hassle dealing with collections, or making one payment for 60 months and being completely out of debt with a clean slate.

[kenshirley]

It seems it's all just a never ending game that in the end will still cost you money. It would also appear to me that you will have to live in fear of finding one day that you have no money in your account to pay bills because it was seized. It might be illegal for them to do it but think of the time and money you spend getting the money releases again. And I would think that you could never have any assets free and clear as they could be taken too.
At least with a BK the rules are pretty simple and the problems are over.
But then again I suppose that's why they wrote the laws for it in the first place.