Ask Me Help Desk - What to see what a Bill Collector looks like ?

What to see what a Bill Collector looks like ?

Quote:

Originally Posted by ScottGem

The things is they have to prove their claim, you don't have to prove yours. Your defense is that you never opened the account that it was a case of fraud. They will have to produce evidence that it was actually you who opened the account.

And what happens if the judge or the plaintiff does produce evidence and you were deny it?

Can you be arrested?

How do you protect personal property from being taken?

Can you start a business and move your personal belonging to that business , to an INC or LLC?

How do u transfer personal property and make it part of a business and no longer personal.

Im talking about protecting my computer and home office equipment.

WHat if a Credit Card company sent you a debt validation with.

With only copies of the credit card statement but nothing else you asked for in the Debt Validation letter

Do I respond with another letter telling them, I dispute their validation attempt?

What do you do?

What is the procedure to sue for FDCPA violations.

Can you walk me step by step on this

Small claims court or civil court?

etc. etc.

What sample form can I use ?

If you win vs. a CA or lawyer, is the debt gone for good?

Or can this be sold to yet another law firm or collection agency?

If u win, is that it for that debt?

You have to get a "with prejudice" ruling, right?

You have three posts, all seemingly unrelated. In order to get the proper information and/or advice, why don't you just outline the entire problem, if they are all related. Otherwise many different members will be answering each one with many posts. I am only thinking of you sifting through each one to get to the heart of matter, silverstein.

Regards

Tick

Quote:

Originally Posted by tickle

You have three posts, all seemingly unrelated. In order to get the proper information and/or advice, why dont you just outline the entire problem, if they are all related. Otherwise many different members will be answering each one with many posts. I am only thinking of you sifting through each one to get to the heart of matter, silverstein.

regards

tick

Hey thanks I understand

No I'm just trying to get info on this on a separate level, on how this works.

Can you file for Bankrupcty after a CA wins a case?

Anyone heard of this and what happens to that verdict?

What is proper Debt Validation by a Collection Agency?

I hear it in various forms across this forum and across the net.

What does a JUDGE consider proper debt validation, what is the stated law

For example is it

1. Signed Copy of the Application
2. All statements from 0 to whatever the debt
3.?
4.?

Just want a complete list of what is considered proper debt validation.

If you file for Bankrupcty without spouse, how do they know what property is whose?

I.e. if one files for bankrupcty without the spouse

How does personal property get sorted out?

i.e. Television, Telephone, Refrigerator, etc.

Hi, silverstein. I think the following website will give you a start in collecting information. If my link does not take you directly, you will have to cut and paste, sorry.

www.hoyes.com/bankruptcy-affects-spouse.

Tick

What to see what a Bill Collector looks like ?

Good info on how the dark side works

Can Your Law Firm "Legally" Collect Purchased Debt?

Be careful, the following sites are a little scary looking... :p

Credit & Collection Books, Consulting, Book Review Services and Writing Resources

Credit and Collections Association

LOL, yes, I see. You have been doing your homework, silverstein !

Tick

Hello s:

Your corporation buys the items from you with a corporate CHECK.

You talked about "protecting" them, but if you're protecting them from a judgment, what you're doing is NOT protecting them, but committing fraud.

But, like tick said, I'm sure my answer would be better if you gave me some detail to work with.

excon

Quote:

Originally Posted by excon

Hello s:

You talked about "protecting" them, but if you're protecting them from a judgment, what you're doing is NOT protecting them, but committing fraud.

excon

Committing fraud, by 'removing' computer and files, had occurred to me too, but my answer would have been unqualified, so didn't want to pitch in. Yes, OP should offer more details as to his problem and intentions.

Tick

I've merged all your threads because they all seem to deal with your debt issues. Its better to keep all your related questions in one thread to get the best answers.

First, if you want to transfer porperty to a corporation, you have to have the corp buy the property from you. But then the cash becomes part of your personal assets, which would defest the purpose.

Second, the courts will want proof you contracted for the debt. Generally it's a signed contract, but with Internet applications, there are other ways to present proof.

If they don't provide sufficient validation then you go to court and ask the judge for a dismissal. A Dismissal with prejudice is final.

Quote:

Originally Posted by excon

Hello s:

Your corporation buys the items from you with a corporate CHECK.

You talked about "protecting" them, but if you're protecting them from a judgment, what you're doing is NOT protecting them, but committing fraud.

But, like tick said, I'm sure my answer would be better if you gave me some detail to work with.

excon

Oh no I wasn't trying to imply that I was trying to do something illegal.

I haven't been sued or anything.

I was talking about starting an INC and then protecting assets there.

Am I not able to start an INC because I MIGHT be sued? Just asking, not stating in a mean voice. Lol

Quote:

Originally Posted by ScottGem

Generally its a signed contract, but with Internet applications, there are other ways to present proof.

Can you explain this please

You mean they don't have to show signed contracts anymore?

Quote:

Originally Posted by silverstein

Am I not able to start an INC because I MIGHT be sued?

Hello again, s:

Starting and running a corporation ISN'T the fraud. Transferring assets that would be subject to seizure should a lawsuit be lost, IS the fraud.

So, I wonder why you used the term "protect" your assets. They're no more "protected" when owned by a corporation, or stored in your basement.

excon

Thanks excon

What if you never been summons by any CA? Can you still start a INC and not worry about transferring property?

But I see what you also mean by stored in your basement.

Hello again, s:

You're dancing around some truth that you don't want to reveal. I'll bet it WOULD effect ALL the answers you've received so far...

Look, we're NOT the cops... So, why don't you spill it?? Otherwise you're going to get BAD INFORMATION!!

excon

I have some debts that I have been fighting via DV letters.

I want to protect my equipment I use for work in case they come down on me with summons in the future.

I always wanted to start an INC but never did, I waited to long.

I just can't afford my items be taken away if a court ruling goes in their favor.

NO I Haven't been summoned or anything.

Quote:

Originally Posted by excon

You talked about "protecting" them, but if you're protecting them from a judgment, what you're doing is NOT protecting them, but committing fraud.

Quote:

Originally Posted by silverstein

I want to protect my equipment I use for work in case they come down on me with summons in the future.

Hello again, s:

Bingo!

excon

So I can't start a business

I have to wait until I am summoned (if at all)

Hello again, s:

You can START and run any business your heart desires. What you CAN'T do, is transfer assets in order to hide them. It's FRAUD!

excon

Ahh OK

Thinking about it now, the assets are nothing special, rather keep all business purchases new direct from the INC instead of transferring in personal items.

Much less hassle.

Hello again, s:

If you have NOTHING to protect, then starting a corporation is a waste of time and money. Without doing ANYTHING, you are a sole proprietorship. That means YOU are a business. Take your equipment and go to work.

excon

And the reason for INC was not to avoid items getting taken

The #1 reason and #2 and #3 were mainly to avoid personal injury litigation in case someone gets hurts , had a close call once and ever since then I knew I had to INC to separate myself from personal liability just in case.

Then that person told me about personal property transferring into his INC and how he protected his items

And that's how this whole thing started in terms of finding out more information and if his latter statement was true.

Thanks excon

Quote:

Originally Posted by silverstein

the #1 reason and #2 and #3 were mainly to avoid personal injury litigation in case someone gets hurts , had a close call once and ever since then I knew I had to INC to seperate myself from personal liability just in case.

Then that person told me about personal property transferring into his INC and how he protected his items

Hello again, s:

You're being dunned by bill collectors. You, apparently, have NO money. Your only assets appear to be your equipment. If somebody fell down and sued you, they'd get NOTHING.

Therefore, you have NOTHING to protect, and forming a corporate identity at this time is a waste of time and money.

excon

PS> If you have extra money, BUY insurance. That'll protect you better anyway.

Quote:

Originally Posted by silverstein

and what happens if the judge or the plantiff does produce evidence and you were deny it?

can you be arrested?

Silverstein, I'm confused. Are you Rentedog?

And I'm also confused about the meaning of the question. Are you asking what would happen if the original poster ("OP")=Rentedog were to deny the truth of the plaintiff's evidence? It's normally a "his word against yours" matter, the judge believes the most believable side, and that's the end of it. It would only be when the defendant's testimony is obviously, and beyond a reasonable doubt, a lie (knowing falsehood) that the defendant could be charged with perjury. Very rare.

Quote:

Originally Posted by silverstein

and what happens if the judge or the plantiff does produce evidence and you were deny it?

can you be arrested?

No, you can't be arrested.

Quote:

Originally Posted by silverstein

can you explain this please

you mean they dont have to show signed contracts anymore?

If you apply for a credit card online, then there is no signed contract. Instead, the card issuer captures your IP address and some personal info that you have to supply to verify that you are you.

Quote:

Originally Posted by silverstein

and what happens if the judge or the plantiff does produce evidence and you were deny it?

can you be arrested?

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. Are you asking for the OP or for yourself? If for yourself, let me know and I will move it to your thread.

As noted, you can't be arrested. A judge doesn't produce evidence, they just rule on its validity. If the plaintiff produces evidence that the judge accepts as proof of the debt, the defendant loses.

Quote:

Originally Posted by AK lawyer

Silverstein, I'm confused. Are you Rentedog?

And I'm also confused about the meaning of the question. Are you asking what would happen if the original poster ("OP")=Rentedog were to deny the truth of the plaintiff's evidence? It's normally a "his word against yours" matter, the judge believes the most believable side, and that's the end of it. It would only be when the defendant's testimony is obviously, and beyond a reasonable doubt, a lie (knowing falsehood) that the defendant could be charged with perjury. Very rare.

I see

No I'm not rentedog, just trying to understand

Quote:

Originally Posted by ScottGem

If you apply for a credit card online, then there is no signed contract. Instead, the card issuer captures your IP address and some personal info that you have to supply to verify that you are you.

Oh I see

Yea everything I have done was at least done with a written application.

Ok that explains it.