JB: And your opinion matters, so we are in total agreement again! Yet it may help you to know that my perspective is that, being aware Toothman has frequented this board for some time. I presumed heâ??d eventually take his lady friend to a lawyer, which is why I didnâ??t see the need to mention it (but am glad you did)â?¦ My bad, I perhaps should have for the sake of clarity. As far as receiving expert advise from those in the credit business? I believe thatâ??s exactly whatâ??s been offered here, at least by someâ?¦ In any case, no worries, youâ??re suggestion to seek competent counsel is clearly a good one, and Iâ??m confident Toothman will recommend just that. [;-)
And pray tell where would she find something like that? Supreme Court Justice William Renquist says that in these United States today there is less than a 50% chance of finding a competent attorney. The president of the American Bar Associate agreed with him. With that kind of chance, where would one find a competent attorney and indeed,how would one know whether or not he had actually had the rare luck to find one if he didn't know the law himself? In the legal world today, it's strictly a case of Caveat Emptor. Let the buyer beware!
My sentiments exactly! Especially when related to hokey credit repair material, touted as â??expert adviceâ? lacking an expertâ?¦ Yeah see, Bill, we do agree. [;-)~
Contacting the lender may very well dot the trick. But first a couple of questions. 1) Are these Federally Guaranteed Student Loans? 2) If so is she listed as the student? If the answer to question 1 is yes, then she should have no liability at all. Only the actual student borrower can be made liable for a federally guaranteed student loan. If the answer to question 2 is yes then there must be enrollment forms showing that she was "enrolled" and the school now becomes party to a fraud, unless she was actually enrolled in school at the time and the claim is that the funds were for her schooling. If that is the case then she may have a criminal case against the ex-boyfriend. And not just for fraud. I am not sure of the exact criminal statute but I believe that it has to do with "theft after trust". I am not an attorney so you would need to speak with someone who has more knowledge of the law than I. I would think that if not criminal then maybe civil and to H*LL with whether or not he has any assets. A civil judgement will still hurt him.
Please Have More Respect? Bill: You know with all due respect, and I mean that sincerely. The above-statement is exactly why I often question your ability to â??teachâ? issues of which you clearly have little understanding. Iâ??m not aiming to be hypercritical, not seeking a fight, and donâ??t wish to endure one of your bloated histrionic diatribes. My aim here is to be as constructive as possible, while sparing others the grief. Thus I respectfully take issue with your simplicity of legal interpretations and disparagement of the court; acts the Bar would react to much differently. So in the nicest terms possibleâ?¦ I suggest you slow your roll, and pronto!
Re: Please Have More Respect? It's precious little grief you spare them, Anthony. You just seem to delight in sticking your foot in it, don't you? It was in a November 11, 1994 issue of Newsweek magazine where a Chief Justice of the Supreme Court and the President of the American Bar association agreed that attorneys are first of all officers of the court and that their first duty is to the court, not their clients. I am sure that you are more aware of the duties and obligations of attorneys than are Chief Justices of the Supreme Court and/or the President of the American Bar Association, aren't you? There are also court cases in which this principle has been part of opinion of judges. They are not hard to find. Por Que me buscas asi, pendejo? Creas muy macho o que? Eres much mas marimacho que macho.
Re: Please Have More Respect? Bill: You know Iâ??m not here to argue with you, nor necessarily defend the Chief Justiceâ??s comments that youâ??ve taken out of context. Nonetheless, please excuse me, I was under the impression you are an adult and could handle constructive commentsâ?¦ I stand corrected; it wonâ??t happen again, I promise. Thanks for your gracious demeanor and gentlemen like response, which demonstrates to all my very point! Given that, Iâ??ll leave you to argue by yourself.
To Catch Everyone Up Okay, I really appreciate all the good advice. In fact, I have taken my friend to an attorney and he wouldn't touch the case. It seems that my most viable alternative is to contact the School Loan Authority and see if she can get relief. Barring that, I need to find a competent credit/contracts attorney and see what can be done. I feel bad for her...what a mess. Thank you so much for your inputs.
Re: To Catch Everyone Up Toothman: Let me know what state you and/or Lady-friend are in, and Iâ??ll breakout the trusty electronic Rolodexâ?¦ Iâ??ve got a ton of collection attorneys in there, only these firms primarily deal with creditors. Still most of them (knowing the breed) probably wouldnâ??t find it objectionable to consult, meaning adviseâ?¦ Let me know, and please be specific concerning location/town as you feel comfortable?
Re: Please Have More Respect? Excellent! I do not wish to argue with you or anyone else. You have your excellent points and most of your posts are well thought out and right on point and should be appreciated by all. You obviously are a well educated person and in the great majority of your posts, what you say is unquestionably correct. I saw one just this morning where you replied to Mike about reaging of accounts. As usual, you left nothing to be desired or argued with. I would far rather know that when you come back to me and you feel that I am totally wrong about something (which I very well can be just like anyone else) that you leave personal attacks and snide comments out of the conversation. You can rest well assured that I will do the same. We are here to learn from each other, not to get off into flame wars over personal opinions. I like for you or anyone else to question what I say. It gives me valuable insights and helps me to get my opinions and tactics correct if they are wrong. I'm no original genius, I'm no guru and I've been wrong before and I'll be wrong again. And when you or anyone else questions me or flat out states that they think I am full of it, I do not take offense. I listen, go do my research, talk to others and then either admit I am wrong or defend my position with references and whatever. That's healty and it's good for all including me. Personal attacks do nothing but get flame wars going, and we don't need that.
Re: Please Have More Respect? For the sake of clarity only, I challenge all to find where Iâ??ve â??personallyâ? attacked anyone. Although if one finds a portion of my remarks objectionable, thatâ??s simply a case of â??the shoe fitting.â?? â??Nough said, Iâ??m done!
Re: Please Have More Respect? Anthony: Thank you so much for checking your Rolodex. She lives in the San Bernardino/Riverside/Redlands area of Southern California. Any assistance is appreciated.
Lawyer Refer Toothman: Please send me a private post (MAV-Net@CreditDefenses.com) and Iâ??ll go from there.
If all the information regarding your friend is fraudulent (employer, address, etc.) the simplest way out would be not to admit she ever signed and let him take responsibility for the total fraud. Maybe not the most ethical, but hey, he's basically doing the same thing to her. Just my 2 cents. -Will
Re: Please Have More Respect? Toothman, that's my area too. I'll put my thinking cap & see if there's someone I can recommend. I was the plaintiff in a lawsuit against an insurance company some years ago, & was happy with the attorney. He was based out of Redlands. He might just be personal injury, tho.
