Friday, September 15, 2006

Even more dangerous advice from CREDITWRENCH

Recently I had the opportunity to observe Creditwrench CEO Billie Bauer in a discussion with a consumer who was involved in a lawsuit over a defaulted debt.

Aside from his unprofessional behavior, he gave some very dangerous advice that, if followed, would result in a judgment against the consumer.

In this case, the consumer was sued and was in the process of answering the Plaintiff's requests for admissions. This process is critical, and can either be advantageous for the defense if handled correctly, or their worst nightmare.

Creditwrench CEO Billie Bauer's advice to this consumer would have resulted in it being their worst nightmare, and possibly end up with a judgment on their credit record. Just like Creditwrench CEO Billie Bauer did from following his own advice.

To quote directly from Creditwrench CEO Billie Bauer: "properly deny the truth." Such a course of action is not only wrong from a tactical standpoint, it can also lead to a criminal offense.

Then it was Creditwrench CEO Billie Bauer's advice that the questions should be answered in a manner that can only lead to disaster for the defendant. Creditwrench CEO Billie Bauer suggested using answers like "calls for a legal conclusion" "ambiguous" "defendant is without sufficient knowledge". Typical boilerplate answers taken off of internet message boards by Creditwrench Ceo Billie Bauer.

Here's the problem, and another prime example of why Creditwrench CEO Billie Bauer should be pursued by the Oklahoma Bar for the unlicensed practice of law.

Even a brand new attorney, fresh out of law school, would know what to do upon receiving a request for admissions answered in such a fashion.

There is no dispute of material fact contained in such admissions. Therefore, no triable issues exist and the Plaintiff would immediately move for summary judgment on that basis. Thus, cutting off any opportunity for the defendant to conduct discovery, during which they could possibly obtain critical evidence with which to attack the Plaintiff's proof of claim.

Fortunately, in this case, I was in a position to intervene and correct the dangerous situation CREDITWRENCH CEO Billie Bauer was potentially exposing the consumer to.





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