Archive for the ‘How To Beat Collection Agencies’ Category

How to Answer Debt Validation Letters

Tuesday, September 9th, 2014

If you are currently dealing with debt collectors or trying to clear your credit report, you have probably found a lot of information regarding Debt Validation Letters.

This is a letter that a consumer sends to the debt collector requesting validation of a debt that is on their credit report or that the collection agency is trying to collect.

Most experts advise doing this when you feel that the debt is not valid and you fear that you may be a victim of identity fraud or another system error. In these cases, you want proof that you have a legal responsibility to pay the cited debt.

Furthermore, it is noteworthy that the collection agency has a legal obligation to respond to the debt validation letter only IF it is sent before the 30-day validation period expires. Although you can send a debt validation letter after this 30-day period, the collection agency isn’t legally required to respond and can continue attempts to collect the debt.


Debt Validation Responses

You may or may not receive an answer to this letter. Research shows that debt collection companies respond to around 50% of debt validation letters, probably for the most ‘collectable’ accounts, i.e. accounts they feel are worth the most or they feel are easier to win.

As soon as debt validation has been received by the collection agency, they must cease all collection efforts until they verify and present you with their response. If they fail to respond, this may result in success for you and you can go about requesting that your credit report is cleared.

However, for the 50% of consumers that receive a response, the battle is not yet over. If you find yourself in receipt of a debt validation letter, you need to evaluate the information they have provided alongside your own records. Of course, there are many reasons why you are disputing that this debt is not valid. For example:

  • you have paid the debt;
  • you believe that your identity has been stolen;
  • the amount of the debt is incorrect; or
  • you have never defaulted on a credit card or loan agreement.

Therefore, the information you need in your validation letter depends on the reason you believe it to be invalid. For example, if you believe that you are a victim of identity fraud, you need proof of a signed agreement with your name and personal details on.


Automated Debt Validation

However, you need to be aware that debt collection companies sue in bulk, collect in bulk and validate in bulk. Very little attention is given to each individual account unless absolutely necessary and so you might find yourself with an automated validation letter.

These tend to include statements similar to the following:

Our records indicate that you requested a debt validation on 01/02/2013. According to our records, you owe $XXXXX. Please review the enclosed information and contract from the original creditor and contact our office immediately to discuss payment.

They then may include a blank, recent contract agreement from the original creditor.

This may fool or scare some consumers into believing that this is sufficient verification of the debt. However, what you requested was not a copy of a non-specific contract, but proof connecting you, by name, to that contract. In the case where you have not received what you deem as legitimate validation, you might consider drafting a further request detailing exactly the information you are demanding.

In the letter you may want to request specific information such as exact calculations of the debt amount including interest and fees; copies of contracts and agreements; information from the original creditor; proof that the statute of limitations has not expired; license information of the debt collector.

Unfortunately, the law doesn’t detail exactly what qualifies as ‘validation’ and does not require the company to provide any specific information. However, it is still worth requesting it as it shows that you are going to fight this case and not make it so easy for them. If the case were to go to court, it will also show the judge that legitimate proof of the debt has not been provided.

At this point, the collector may well decide that your case is not as collectable as previously thought and leave the dispute.

Moreover, if you have paid the debt in question and you have receipts, bank account statements or deposit slips to prove it, make copies of all of these and mail them to the collection agency with a covering letter stating that the debt has been paid in full and they have no legal right to pursue collection.

You can also file a credit report dispute with the credit bureau requesting that your credit report be adjusted. Include copies of your communications with the collection agency as well as any proof you have of the debt payment.

Remember that anything you send to the collection agency, from the very first validation notice, you must send by certified mail. This will prove that validation requests, payment proof and anything else has been received by the collection agency and as a result, they cannot claim that they never received communication from you. You would be surprised how often these letters ‘get lost’ in the mail.


Resist Harassment

Debt collection agencies will use any tactics in order to collect debt. Fear and intimidation are age old ploys that continue to work on many consumers. Don’t become one of them. Educate yourself on the laws from the FDCPA which are there to protect you against harassment and be aware of your rights. Remember that if you sent your Debt Validation Notice within the 30-day period, they must not try to collect or even threaten collection until they have provided a response.

Even though this can be a terrifying experience, you can get through it without being trampled on. The Defendant’s Package is there to help every day consumers battle collection agencies and original creditors. It has helped thousands of people so far and it can help you too.



How to Beat a Law Suit from a Junk Debt Buyer

Tuesday, July 1st, 2014

In recent years, local state courts have become increasingly clogged up with cases involving third party debt buyers. These companies are also known as ‘junk debt buyers’ and ‘ghost debt buyers’.

As a consumer, you probably have not done any direct business with them yourself and you may not have even heard about them before. That is because they don’t arrive on the scene until you have financial difficulties and even then, it might be a while until you are acquainted with them.

Long before you received a Summons and Complaint from this junk debt buyer you, the consumer, applied for a credit card with a bank or Credit Card Company. Later, a job loss or other unforeseen circumstances makes it very difficult for you to make payments on your Credit Card balance. You may try to work something out with the Credit Card Company but unfortunately, it does not work out and you cannot continue paying back the debt.

After a few months of unsuccessful attempts at retrieving the debt, the Credit Card Company charges off your account. This means that they write it off and deem it as an uncollectable debt. Although this doesn’t clear you of the debt, it means they have given up trying to collect it from you and they can dismiss it as a tax loss or make a claim under some form of insurance.

The original creditor then may bundle up your debt with thousands of other accounts and sell them onto a debt buyer. Even though the face value of the debt may be high, the accounts are bought for pennies on the dollar. Now, the debt buyer will attempt to sue you for the full debt that you owe plus their own largely inflated fees and interest.

At that point, to the junk debt buyer, you are nothing more than a name, telephone number and dollar figure. In the portfolio they receive, they may not have anything more than that along with some robo-signed documents to ‘support’ their case.

These junk debt buyers will then file a lawsuit against you in an attempt to collect their pay out and currently it is estimated that they are successful in over 90% of their cases. Before you panic and abandon all hope, it is important to note that there is a very good reason why they win over 90% of their cases: it is because over 90% of consumers ignore their lawsuit.

Most of these cases are won by the junk debt buyer because the defendant either doesn’t respond to the Summons and Complaint or further down the line they fail to show up in court. All of those things play very nicely into the hands of the junk debt buyer and means a cheap win for them. In these instances the judge will award a default judgment against you giving the junk debt buyer access to your wages, bank accounts and essentially, your livelihood.

You must respond to the Summons and Complaint and it is essential you attend any pre-court hearings and the trial itself in order to avoid a default judgment. Many consumers have found The Defendant’s Package a huge aid to knowing how to respond to the Summons and Complaint.

As mentioned above, the junk debt buyer may not have much documentation regarding your debt and what they do have may not be valid. This may surprise many consumers but if in over 90% of cases the junk debt buyers have no opposition to their case as the defendant doesn’t even turn up, there appears to be little point in sweating over the legally required documents.

For that reason, it’s essential to check the documents they provide as proof. Try and check that the signatures are authentic and belonging to real people. Some lawyers have suggested searching for the names on the internet to see what comes up.

A robo-signer is someone who signs all kinds of documents without looking at or checking what they are signing. For example, the junk debt buyer needs to hold and present an affidavit which is a statement confirmed by oath saying that the information is accurate, in this case that the defendant owes the amount stated.

You must check to see who has signed the affidavit. Is it someone from the original creditor, someone from the junk debt company or someone else?

To be a valid affidavit, it must be signed by an employee from the original creditor and who was employed there when your account was opened. If not, all the evidence provided by the junk debt buyer is classed as ‘hearsay’. In other words, their so called evidence is nothing more than unfounded, speculative allegations and these cannot hold up in court.

Similarly, the junk debt buyer must prove that they have the right to sue on the debt. To do this they should present the chain of title beginning with the original creditor and terminating with their company. There should be an assignment of debt establishing legal ownership of the account. Once again, verify the signatures and names on the documentation, if they even provide you with it.

Unfortunately, the practices of junk debt buyers are far from ethical and many times are not even legal. You have to be alert and ready to fight back to be in with a chance of success. Research every aspect and step of the case and follow the direction of your local court. Familiarize yourself with the Fair Debt Collection Practices Act (FDCPA) to be able to identify which of the junk debt buyer’s tactics are in fact illegal.

Consumers who have done these things have successfully defeated the likes of LVNV and Midland Funding, some of the nation’s biggest junk debt buyers. You too can beat a lawsuit from a junk debt buyer and it may not even be as hard as you first thought.

For real case examples, tips, templates and more information on how to win your case, check out The Defendant’s Package.



Tricks Debt Collectors Use

Monday, April 7th, 2014

It shouldn’t be surprising that Debt Collectors are never depicted well in movies or TV shows. We know that they are not charitable folk who care about your new baby or your four year old who broke his arm. Neither do they lose a moment’s sleep because you have been made redundant or have been hit by a major illness. In fact, they are quite the contrary and will use all of these factors against you in order to try and squeeze you for every penny they can.

So, that being said, it will come as no surprise to you that debt collectors are not going to pursue their dispute in a direct and straightforward manner. These are not honorable people. They will hunt payment for debt like a hawk that cleverly stalks its prey, waiting for the right moment to sneak an attack.

Are you prepared for an attack? It can help to predict some of your predator’s tactics before he attempts his sneak attack. So don’t wave your flag of surrender just yet. Gain an insight into a debt collector’s ploys and tricks and you will have a chance at escaping their snares.


The Not-so-Fine line between Communication and Harassment

It starts with one phone call and before you know it the phone is ringing off the hook with persistent calls from debt collectors. Once they know that this is your telephone number, they will not give up. What are they hoping to achieve? They hope that each phone call, letter, email, fax and SMS erodes a little bit of your resolve. Little by little you lose morale, you become irritated, frustrated and, they hope, eventually so exasperated that you will give in to their demands.

Some debt collectors will try the friendly approach, calling you ‘pal’ and using your first name as if they are a long lost friend trying to do you a favor. Others will berate you, belittle your status, and question everything you stand for. They want you to be so overwhelmed by guilt, intimidation and fear that you will do anything to make them stop and to protect your loved ones.

However, being in debt doesn’t mean that you relinquish all human rights and thankfully there are laws against this kind of harassment. The Fair Debt Collection Practices Act protects consumers from this type of harassment. The FDCPA (15 U.S.C. §§ 1692 to 1692p) obliges that debt collectors make certain disclosures and prohibits the collecting agency from engaging in many kinds of abusive or deceptive behavior.

The collection agency will most certainly be in breach of this law if you have requested, by letter, that they cease all forms of communication, unless in writing, with you or your family, friends or acquaintances.

The Defendant’s Package contains more details regarding how you might include this as one of your affirmative defenses in a credit card lawsuit.


Pursuing Family and Friends

You may wonder why you even need to request that the debt collectors cease communication with your family and friends. This is just another trick of their trade. If the collection agency cannot reach you or get information from you, the agency will not hesitate to pursue your nearest and dearest. Make your friends and family aware that you don’t want to be found and not to give out any information about you.

They may even target your children. If they discover where your child goes to school, they may attempt to extract information such as your address or where you work. It might be a good idea to gently re-emphasize to your children your rules regarding talking to strangers and giving out personal information.


Obtaining Information

With the above points in mind, it would be understandable if you were asking yourself ‘Well, how would they ever find my child’s school or my father’s golf club? I’m not going to give them that information!’ And it’s true – you wouldn’t intentionally supply that information to anyone, let alone debt collection wolves. At the same time, just think about the amount of information you share with your ‘friends’ on social networking sites or in forums. A recent survey showed that around 44% of people admit that there are details of their employer available on the internet. 30% admit to revealing their home address along with any clubs they belong to.

For someone who knows where to look and has reason to, this kind of data is easy to find. Be extremely careful about the information you and your family post online and take action to remove anything that could attract and assist the debt collectors.


Discovery in a Credit Card Lawsuit

If, after all of your attempts to avoid a lawsuit fail and you are indeed served with a summons, collection agencies employ numerous tactics to trick the consumer. During the pre-trial Discovery phase of the lawsuit, each party can request information and evidence from the opposing party. This may include answers to interrogatories, requests for production of documents and requests for admissions and depositions.

When answering Discovery, be extremely careful that you don’t unintentionally incriminate yourself. By using confusing questions and repeating questions in different ways, that’s exactly what the collection agency is hoping for. They may ask something directly and then later disguise the same question in a different format, hoping that this time, you answer differently.

Phrases within the interrogatories such as ‘Please explain’, ‘please give the date’ and ‘please state’ are all expressions to be alert to. They are triggers that could lead to you disclosing incriminating evidence. If you are feeling unsure about how to respond to your Discovery, The Defendant’s Package is full of helpful tips and examples to help you avoid the pitfalls.

These are just a handful of the tricks that debt collection agencies use to get their money. Remember that they are hoping that you will make it easy for them to collect it and unfortunately, all too many people do just that and let them walk in and collect. Do your research and do not make it so easy for them to do that to you.



Defending Yourself Against Collection Agency Lawsuits – Questions to Ask Yourself

Thursday, September 5th, 2013

When you were served your Summons and Complaint, were you thinking the same things I was? Here are the questions that went through my head when I was served by several collection agencies and an original creditor.

I won three cases in a court of law. I’ve mixed all three cases up. I wanted to give you all an idea of exactly why I chose to fight every single one of them back! And if you feel the same way as I did, you will fight them back as well.

Keep in mind that just because a company says you owe them all this money, they need to prove it. And just because they claim that they are the Assignee of a certain bank that needs to be proved as well, along with many other things.

  • Who is LVNV Funding? This is the first time I have ever heard of this company and debt and you think you can just serve me a Summons and Complaint and claim that I owe you all this money? Prove this in a court of law.

  • (LVNV Funding and Red Rock Lake Financial) The money that you claim on your Complaint is inflated by thousands and thousands of dollars and you have attached no proof what so ever showing how it is possible that I owe all of this money. Prove it to me in a court of law.

  • (LVNV Funding) You have never sent me any letters and you have never called my house in an attempt to collect this alleged debt. Now you think that you can just sue me in court and not attach any documents proving anything? Prove to me in a court of law that I owe you money. (my guess is that you want me to not answer my Summons so you can get your default judgment).

  • (LVNV Funding) I don’t even know who you are and I have never heard of your company before. I don’t see any assignment attached with proof that the original creditor sold you this debt. I don’t remember ever signing a contract with your company and you most certainly have not attached any documented proof that I owe you anything. Prove to me, in a court of law, that you own this debt.

  • (Red Rock Lake Financial) I don’t remember opening an account with this original creditor as you claim I did per your complaint. Show me the original credit card contract that proves I did so. Prove this in a court of law.

  • (Capital One) How did $300.00 turn into $2,500.00? You have stated on the complaint that I owe you over $2,000.00? Prove to me, in a court of law, that I owe every penny that you say I do.

  • (LVNV Funding) You claim on the Complaint that you are the assignee of Providian Bank. Where are the documents that show that the original creditor signed this debt over to your company? Do you think you can sue me without that proof? Prove to me, in a court of law, that you can legally sue me.

  • (Capital One Bank) Your credit card agreement has a copyright date of 2005 on it and yet I allegedly defaulted on this account back in 2002. You are suing me under the terms of that agreement. This agreement’s terms are 3 years later that the 2002 agreement that I allegedly agreed to. Prove to me, in a court of law, that the terms of the 2002 agreement are the same as the terms on the 2005 agreement. That ticked off the lawyer big time. By providing me with a 2005 agreement, he would have to come up with the 2002 agreement to prove that those two agreements were the same. I knew that if they’d had a 2002 card agreement to begin with, they would have filed that with the court and not the 2005 agreement, so I knew I had them right then and there. (I filed a Motion to Strike this agreement and won the entire case).

I could keep going but my entire point is that almost every single complaint filed by a collection agency is flawed. They claim many things but I don’t see any proof to back up the claims so, prove it to me in a court of law. So please understand that just because they are suing you, it does not mean they will win.

Just by answering your Summons, you will make them have to come up with every single document necessary to win in a court of law. Collection agencies don’t have every single document to do this but because they are suing you, they want you to assume that they do. They have thousands and thousands of accounts so do you really think they have all the proper documents, assignments, credit card statements, original contracts etc., to win all of their cases?

If you are being sued by the original creditor, you obviously have work ahead of you but they still can be beaten. Collection agencies don’t have any records of your contracts, statements, payments etc., They have a lot to prove in a court of law.

So take a good look at that Complaint you have just received and ask yourself all of those questions. Now my question to you is: “are you going to defend yourself against this lawsuit now?”

I hope so.



Old Credit Card Debt Lawsuits Can You Get Away With It?

Thursday, September 5th, 2013

If you have old credit card debt, will it come back to haunt you? Absolutely. There is no doubt about it.

The process is simple for creditors:

You stop making your payments. Then they keep sending you bills tacking on interest and late fees until your bill is amazingly high and that $30.00 payment you first decided not to pay turns into a $300.00 payment now due and owing.

If you couldn’t make the $30.00 payment, you are now in hot water and cannot possibly make the $300.00 payment (mostly interest and late fees) and you decide to throw it in the garbage and wait to see what happens.

The next thing that will happen is that you will get more bills, with more interest and late fees tacked on and endless collection phone calls from the bank. After about six months the banks will give up or will they?

Here is where collection agencies and junk debt buyers come in and take over.

Capital One is notorious for hiring collection agencies to do their dirty work and they do not care if you owe them $50.00 or $500.00 – they will sue you and continue to bad mark your credit reports every month like clockwork. They are only one example of a bank that just does not simply give up and let you get away with not paying them.

Other banks will wait six months and simply write it off and a junk debt buyer buys your account from them for pennies on the dollar.

The junk debt buyer will wait anything from a few months to about the time the statute of limitations run out on that bill to come and sue you. So, if years have gone by and you think you’ve gotten away with it, honestly, it is just a matter of time before the lawsuit arrives.

I don’t know about you but I would rather a junk debt buyer sue me than the original creditor, because the junk debt buyer never has any documents to back up his case and is a money hungry thief.

So do people get away with not paying their credit card bills? If you think they do you, couldn’t be more wrong. It may not be today, but it most likely will be tomorrow that the Sheriff starts knocking at your door and telling you that you’ve been served.



When A Junk Debt Buyer Checks Your Credit Reports

Thursday, September 5th, 2013

What this usually means, in my opinion, is that they are checking out your assets to see if you are worth suing or not. Your employer is most likely listed within your credit report which lets them know where you are working. That’s scary.

They are checking to see if you own a home, car, and anything else of value. They want to see if you have opened up new credit cards and how you’ve been paying them (timely) etc.,

Most of the time, it would be a lawyer who works for the junk debt buyer who snoops through your credit report.

The bad news is that if you do own a home or car, the chances that you’ll be sued in the next 90 days are pretty much a guarantee. They’ll go after a default judgment and then put a lien on your property.

Basically, when they are snooping through your credit, they are checking out your assets to see if you are worth their time and energy to serve a lawsuit to.

If you have horrible credit, don’t own a home or auto, they’ll most likely move on and/or if you have a good job, probably still sue you and go after wage garnishment if they win.

I had an attorney check my credit in August and I was handed a summons in December.



Debt Collector Threats Jail

Thursday, September 5th, 2013

Under no circumstances can a collection agency call you up and threaten you with jail or say that they are going to send the FBI after you to scare you so that you pay up.

Believe it or not, that is what some collection agencies will do. They try to scare you into thinking that there is some kind of debtors prison that awaits you if you fail to pay your debt.

That could not be further from the truth. They are using scare tactics so that you pay them and they make a huge commission. That is how they make their living. I cannot say that all collection agencies use scare tactics because they do not. In all honesty, I would never talk with anyone from a collection agency and that is my opinion. I would rather talk with the original creditor and come to an agreement.

If a debt collector is threatening you by saying they are going to take your house, your car or send you to prison, you need to contact an attorney immediately!

Do not believe any debt collectors threats. Do not ever let them scare you. It is against the Fair Debt Collection Practices Act for any debt collector to threaten you and you could file a lawsuit against them and prevail!

If you received a call and were threatened with jail time for debt, contact the Better Business Bureau, an attorney and your attorney general’s office and report them immediately.



Debt Collection Lawsuit Collection Agency Original Creditor

Thursday, September 5th, 2013

Original creditor suing you through a collection attorney:

  • You opened a credit card with ABC bank.

  • You didn’t make your payments for a few months and the bank called you and you failed to work out a payment arrangement.

  • The bank got sick and tired of you ignoring their notices and phone calls so they hired a collection agency or collection attorney to sue you.

OR

The collection agency is still sending you notices and repeated phone calls and you are fed up.

  • If the debt if fairly new, have you sent the collection agency or attorney representing the original creditor a Debt Validation Notice?
  • Sending a timely Debt Validation Notice to the collection agency will help you. This notice must be answered by the collection agency.

  • Have you called the original creditor to verify that they did indeed hire this collection agency to hound you?
  • If it is a collection agency working for the bank, check them out, call your original creditor and see if they hired this collection agency to collect your debt. Some collection agencies claim they work for the original creditor when, in fact, they do not. Do not talk with the collection agency! Do not admit anything. Contact the original creditor and verify that this debt was turned over to that collection agency by them. If the original creditor says that they did, I would settle up with the original creditor so that the collection agency gets off my back and I don’t get treated like badly by that collection agency. You are not obligated to do business with the collection agency. Work with your original creditor.

    If I knew that this debt was new and the original creditor did indeed hire this collection agency to hound me, I would work out a payment arrangement with the original creditor to avoid a lawsuit.

  • Will the Original Creditor prevail in a Court of Law?
  • First and foremost, has your Statute of Limitations run out? If so, you’d win. If not, you most likely will lose depending on how old the debt is. If it is recent, your chances are bad because seeing that this debt is fairly new the original creditor will have all of your statements, contract, and customer agreement etc., to prevail.

    In my case with Capital One, my debt was five years old and they sued me. The attorney had a customer agreement evidenced from 2005, and had all of the credit card statements. I filed a Motion to Strike the card agreement because 2005 wasn’t the year I had the card and that motion was granted. I got that case dismissed even with all of the credit card statements submitted to the court. I fought back and they gave up. However, this debt was old.

    People with fairly new debt, being sued by the original creditor and not a junk debt buyer, are unlikely to win because the original creditor will most likely have all the proof in their files to win

    If you have proven that the collection attorney that is suing you is most definitely working for the original creditor, you can end the entire lawsuit by simply calling that collection attorney and discussing a settlement. Once the settlement had been reached, the attorney will withdraw the lawsuit on the grounds that you continue to make your payments and don’t miss any or they will be able to receive their judgment legally. Check the terms of your settlement.



Debt Collection Lawsuit Junk Debt Buyers

Thursday, September 5th, 2013

Debt collection lawsuits are fairly easy to win especially if the plaintiff happens to be a junk debt buyer.

Debt collection lawsuits are on the rise as consumers face tough times trying to pay their bills due to economic pressures. People who are not able to pay their bills are defaulting on their credit cards. Banks, after notifying such people after a few months, just give up and charge off the debt and sell it to another “lender”. This “lender” would be a junk debt buyer.

As banks would just call you to tell you that you are behind on your bills or to work out a payment arrangement it becomes a whole new ball game once the Junk Debt Buyer owns your debt. “Prove it” is all I have to say!

People out there need to know their rights when it comes to these junk debt buyers. I have been reading actual attorney blogs stating that “ABC” bank got fed up with John Doe so they sold the debt to “DEF” junk debt buyer and now “DEF” junk debt buyer will prevail in the lawsuit and they should fold. What nonsense! The attorneys writing that probably work for the junk debt buyers.

Everyone out there needs to know that yes, the junk debt buyer does have the right to collect the debt but they need to prove it. If someone defaulted on a $25,000.00 credit card and the junk debt buyer became the assignee of the original creditor, they cannot simply just say “Hey, John Doe, you owe us $25,000.00. Now pay us”.

That junk debt buyer would have to first contact you to let you know that they bought the rights to your account. They would have to prove a valid Assignment which lists your account number on the bill of sale proving that they own your debt and have the rights to collect on it.

They would have to evidence the cardholder agreement from the year you had your account with the original creditor to prove the interest rates, that they have the right to collect that interest, that they have the right to collect attorney fees and that they have the right to collect anything. Most importantly, you would want to see what state governs the contract according to that cardholder agreement to see if the Statute of Limitations would prevail seeing both you and the bank agreed to those State and Federal Laws.

I know this because I have prevailed over junk debt buyers and original creditors in a court of law four times. I have won all of my cases so I do know what I am talking about.

I have had a cardholder agreement stricken from the record; I have had an affidavit stricken from the record; I have had every single one of my cases dismissed because I chose to fight these guys back.

So my rant for today is to all those lawyers who have stated on their blogs that junk debt buyers will most likely prevail in a court of law because I have been there first hand and fought these agencies and won.

I am here to tell you that if you are reading this right now, the only reason you would lose in a court of law is because you chose to give up and you chose not to fight them back. You all need to realize that these guys need proof to back up their claim and just want you to default so that they can garnish your wages and checking accounts.

So pick yourself up, brush yourself off and fight them back and make them prove every single thing they are accusing you of doing. Push for paper after paper after paper and exhaust them! They don’t like people like you who fight them back.

Do you want your check to be garnished? Do you want to have them freeze your bank account? Then keep listening to all the negative people out there telling you that you don’t have a chance. And simply default on your lawsuit.

Do you want to win? Simply fight them back and make them prove their claim. I know if someone came knocking on my door and told me I owed him money, I most certainly wouldn’t cut him a check until it was proven to me that I did actually owe him that money.

Fight back and don’t you ever give up!

Win Your Lawsuit

Wednesday, September 4th, 2013

Did you know that every single collection agency that sues a consumer is looking for a default judgment?

When I was sued, I looked up the collection agency and saw literally hundreds of cases filed and about 98% of them ended up in a default judgment. People who have old credit card debt need to really consider fighting back.

Why would you let someone sue you if you don’t owe them anything? It was the original creditor you defaulted on not these agencies. So, make them prove it.

Just by you answering their Complaint makes more than 50% of these companies back off and voluntarily dismiss the case. I learned that as long as I denied every single count on their claim, they couldn’t file a summary judgment against me, and I fought back and won every single time.

Where is the contract you are suing me for? What is this affidavit that is signed by your company and not the original creditor? That is considered hearsay so that won’t work. Where is the assignment of debt? Show me that my bank assigned all their rights over to you to collect this debt. Show me that I owe you money and not the original creditor.

Don’t just sit there and think that you’re doomed because you are not, not if you fight back. Look around this website and see what I did to get these idiots off my back. So many consumers have no clue about their rights.


Just because you are being sued doesn’t mean you’re doomed it means this:


  • They sue you and hope you don’t answer the complaint so that they can get a default judgment against you and go after your bank account and garnish your wages.
  • How do you stop that? You need to answer the lawsuit or check your local court rules and see if they failed to comply with those rules and if you can file a Motion To Dismiss in Lieu of an Answer.

  • If you answered the lawsuit and denied everything, they cannot go for a summary judgment against you yet. And that is the second thing they are looking for. To sue you, you admit some part of the debt and they nail you by admission.
  • If you feel you don’t owe this company anything then you know what to do.

  • Seeing that you answered the complaint, the next thing they want to do is hurry up and send you Discovery hoping that they will get you to mess that up by admitting the debt, or by trapping you with trick questions. They’ll ask you something in the Interrogatories and then ask you it again, in different words, in the Admissions. Be careful.
  • They also hope you don’t realize that you only have 20-30 days depending on your local court rules to answer your Discovery (especially admissions). If you do not answer their Request for Admissions on time, these agencies can file what is called a Motion to Deem Admissions. This means that you didn’t answer their Admissions on time and so, by law, they are deemed admitted. Once they get that motion they can hurry up and file a summary judgment against you. So watch the time limit here and answer this promptly or face the consequences.

  • If you irritate them and have answered the Complaint on time, and have answered their Discovery on time, the chances are they are going to file a Motion to Dismiss or not show up in Court and then you win by default.

These companies are well known for dragging this out for as long as possible hoping you make a mistake one way or another. Hang in there, read your local court rules and fight them every step of the way.

Old credit card debt is especially hard to prove in a court of law. They have to have the contract that was signed by you and if they cannot provide that, they’ll need an affidavit that is signed by the original creditor and not the collection agency. It must be signed by the original creditor only.

Any affidavit coming from the collection agency is hearsay which means they were not present when the debt incurred and therefore cannot testify to the truth of the debt.

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