Are YOU being harassed by collection agencies, junk debt buyers, and "collection attorneys" threatening to SUE YOU, EMPTY YOUR BANK ACCOUNT, AND GARNISH YOUR WAGES?
Or, have YOU already BEEN SERVED BY ONE OF THESE UNETHICAL CORPORATIONS?
**Look at the left menu and click on FDCPA (Fair Debt Collection Practices Act) Violators......is your creditor one of them?
If so, that actually might work in your favor!
These immoral companies have figured out an ingenious method to be given LEGAL ACCESS TO YOUR BANK ACCOUNT! They will FREEZE YOUR BANK ACCOUNT until you pay them in full plus interest, penalties, and THEIR legal fees!
YOU will be given NO PRIOR NOTICE and all pending transactions and outstanding CHECKS WILL BOUNCE!
AND....if you're employed and paying taxes THEY WILL GARNISH YOUR WAGES until the debt plus THEIR interest, penalties, and fees are satisfied.
Did you know that unless you send a certified CEASE AND DESIST letter the collector has the legal right to contact YOUR NEIGHBORS, EMPLOYER, FAMILY AND FRIENDS in an effort to reach you.
Google Earth, Zillow, & Map Quest have made it very easy for them to find out who lives next door!
Did you know that the Federal Trade Commission received MORE COMPLAINTS about THIRD-PARTY/JUNK DEBT COLLECTORS in 2006 THAN ANY OTHER INDUSTRY! AND....the number of COMPLAINTS was SIX TIMES more than in 2000!
DON'T LET THESE BOTTOM FEEDERS GET YOUR HARD EARNED MONEY......
Here's the scoop on third-party "junk debt buyers".....
Twenty years ago, few creditors tried to collect on old accounts, figuring that it wasn't worth the collection expense. Unfortunately today, collecting on old charged off accounts (especially credit cards) is BIG BUSINESS and a rapidly expanding industry.
Companies can buy charged off debt from your original lender for pennies on the dollar. It's not uncommon for these debts to be bought & sold over and over.....and over again AND many of these companies use various aliases in order to further confuse the debtor.
What does this mean?
Well, say you had an old credit card from 1999 that you defaulted on and eventually stopped paying. The original creditor (OC) charges off the debt, closes their books and sells YOUR debt to a third-party junk debt buyer (JDB). The JDB pays maybe $100 for your $4,000 debt.
If you agree to settle for even half of the debt (if you are going to pay a collector, always negiotiate down the debt, they'll often settle for 70% of the original amount because they are still making HUGE profits!) the JDB is still making an obscene profit of YOU.
One of the nation's top junk debt buyers, Asset Acceptance, bought debt worth $4.2 BILLION in 2004 and paid 102.3 MILLION for it....that's 2.4 cents on the dollar!
However.....there is GOOD NEWS if you have one or more of these JDB's after you. I've discovered how to beat these guys at their own game. It takes some diligence and follow-through, but as consumers we do have rights......these JDB's have figured out how to use the legal system against us, but it's just as easy to turn the tables on them!
The Complete E-Document Package will give you all the tools you need!
Most of YOU who are reading this are doing so because you are concerned about collector threats or YOU have already been SERVED A SUMMONS by a debt collector, most often for BREACH OF CONTRACT.
Their strategy is quite simple.
Once a collector has bought your debt and determined through their credit scoring models that you are a good candidate to collect from, they will begin sending you letters demanding payment, making numerous daily phone calls (NEVER TALK TO A DEBT COLLECTOR ON THE PHONE!! Always insist they communicate with you via WRITTEN CORRESPONDENCE ONLY...this really irritates them, but it is YOUR RIGHT!) and after some time they will send you "settlement offers" which means they want to bargain with you to satisfy the debt at a percentage of the original balance.
Note: If you can afford to pay them, please do so!
Just remember, pay no more than 70% of the original balance and get everything in writing.
My E-Documents will give you strategies to be one step ahead of the creditors and includes many sample documents to aid you!
However, if you are like me and many others out there YOU IGNORE THE CALLS AND LETTERS and eventually the junk debt buyers will SERVE YOU WITH A COMPLAINT SUMMONS!
Frankly, I always thought the threats to take LEGAL ACTION were a scare tactic.
Especially, since my debts dated back over ten years, but guess what?
They are not a scare tactic, they are a GOLDMINE for these junk debt buyers.
Here's the scoop....
If a creditor has determined that you are a good prospect for paying on your debt (interestingly enough, I was served about three months after my mortgage began being reported on my credit report....coincidence?) and you have failed to respond to their demands for payment you will then be moved to their "legal department".
Many of these junk debt buyers or collection agencies have retained law firms that are basically collection agencies masquerading as law firms. They usually have one legitimate lawyer working for them and the rest of the employees are just plain old collection agents.
All these JDB's have to do is file a Complaint (typically for Breach of Contract) with the civil or district court in the county where you reside. They will pay a nominal fee and a process server to deliver the Summons to you in person.
YOU CAN BE SERVED AT YOUR WORKPLACE OR HOME!!!
You generally only have (20) days to respond to the Summons with an Answer, which is a document that must be filed in person at the courthouse by YOU and a copy sent Certified Mail, Return Receipt to the attorney representing the creditor.
If you DO NOT RESPOND WITH AN ANSWER WITHIN 20 DAYS (OF THE DATE YOU WERE SERVED) a DEFAULT JUDGEMENT is entered against you AND this gives the collector the GREEN LIGHT to FREEZE YOUR BANK ACCOUNT AND GARNISH YOUR WAGES!
Note: Often the "collection attorneys" are junk debt buyers themselves and actually own the debt.
Most Breach of Contract lawsuits are filed in civil court, NOT small claims.
The creditors are smart and know that in the civil courts YOU must be represented by a lawyer or you can represent yourself but must follow standard rules and procedures of the court.
This is called being a "Pro Se" litigant.
A "Pro Se" litigant must file proper legal pleadings and represent themselves just as a lawyer would. It's really quite simple but you can understand why this scares off so many litigants and why civil judges often spend one or two afternoons a week going through complaints and granting default judgements because VERY FEW defendants know how to/nor have the time to figure out how to respond within the (20) day time-frame.
If a DEFAULT JUDGEMENT is entered (which happens over 90% in these cases because people don't have the time and knowledge to fight back!) your creditor AUTOMATICALLY WINS THE LAWSUIT!
The creditor doesn't even have to show up to court and OFTEN DO NOT!
YOUR FAILURE TO RESPOND WITH AN ANSWER AUTOMATICALLY GRANTS THE JUDGEMENT TO THE PLANTIFF (THE CREDITOR)!
Over 90% of credit card debt lawsuits end in default judgement because the defendant does not appear and/or does not respond with an Answer. This is a GOLDMINE for the creditors!
They expect you NOT TO FIGHT BACK and are literally banking on the fact that over 90% of debtors roll over and accept the judgement.
Oftentimes the amounts these companies are suing over have been ridiculously inflated and they have NO RECORDS to back up their claims, additionally they are NOTORIOUS for violating the Fair Debt Collection Practices Act and for trying to collect on out-of-statute debts.
The statute-of-limitations on debt collection can range from 3 years to 10 years from the Date of Last Activity (DOLA) dependent on your state's regulations.
My E-Documents will give you a list of the Statute-of-Limitations on Debt by State!
And if you are in New York, an April 2010 ruling may just prove your case! This and more strategies for using the SOL to your best advantage is in Section C: Statutes of Limitations.
Further documents will show you how to argue this defense in anything from your Answer to responding to a Motion for Summary Judgment.
If you respond with an proper "ANSWER" within the required time-frame (generally 20 days) your chances of their DROPPING THE LAWSUIT are VERY GOOD!
They don't want to actually fight you in court, that costs them time & money. AND, they OFTEN don't have any kind of records to substantiate their claims.
When the JDB's purchase debts they receive minimal information.
In many cases, the actual credit card contract you signed (and statements) is unavailable as the original creditors closed the books on your account years ago.
Additionally, YOU never signed any kind of contract with the collection agency.....this is another defense that you can raise.
Still hesitant to fight back? Read this......
If a DEFAULT JUDGEMENT is entered against you they WILL find your bank account information and employment records. These companies use sophisticated skip tracers to track people down and they are very, very good at what they do.
Don't think that because you've moved or remarried that you can hide from them, it won't work.
AND....even if you have nothing of value now it doesn't mean that you won't have something of value in the future.
AND.....they'll be monitoring your credit report electronically....any purchases or even requests for credit will raise a red flag.
They will know if you've bought a new car, house, boat, or anything of value that they can put a lien against.
YOU NEED TO AVOID A DEFAULT JUDGEMENT AT ALL COSTS!!!
IT WILL RUIN YOUR CREDIT FOR A MINIMUM OF 7-10 YEARS!!
THE GOOD NEWS!!!!
I was served with a summons for breach of contract in May of 2007.
I immediately began RESEARCHING....AND RESEARCHING......AND RESEARCHING.
I'm a middle-class person who ran up some debt in my early twenties. I made sporadic payments not realizing the detrimental effect that it was having on my credit report.
All told I believe I actually charged about $1,000 on a VISA card.
My account was turned over to various collectors where I would make one or two large payments and then I wouldn't hear anything....and then another one of these collectors would crop up.
I eventually stopped paying.
The sporadic payments I was making weren't even making a dent as they just kept adding charges onto my balance.
With all the late fees, overlimit fees, and interest charges I felt like I had probably paid them well over what I originally owed and at the time I just couldn't keep up.
They pretty much dropped off the face of the earth for many years and I forgot about it.
I got married, bought a house (with a terribly high interest rate), car, had kids, etc......and then last May some beater car pulls up to my house and delivers me a Summons while I'm outside watching my daughter ride her bike.
It Was Very Unsettling.
I was Being Sued for $5,000 plus Legal Fees AND I Only had 20 Days to Respond with an ANSWER.
The wording was such that I could tell the "collection attorney" expected me to just accept the judgement.
So, I began my RESEARCH. I'm actually a paid researcher for a publishing company so I know how to find information.
I began researching at the law library, poring over legal message boards, NOLO law books, and credit repair blogs and websites. I spoke with an extremely helpful court clerk who gave me the real dirt on how these companies operate and I was fortunate enought to consult with a consumer affairs lawyer.
All of my Hard Work and HOURS spent researching PAID OFF and my creditor (Cach, LLC) Dropped the Lawsuit!
Regardless of your exact situation, the first step is to FILE AN ANSWER.
Your creditor will likely either drop the lawsuit or you will be granted a court date.
In all likliehood, the creditor won't show up for the court-date (granting you automatic dismissal) and if they do, you'll have the tools from my E-Document Package to request all sorts of documentation from them that they DON'T HAVE!
I decided that with SO many of us being sued by these bottom-feeders that I would put all my research to good use and offer a simple GUIDE to figure out how to respond to your lawsuit if don't have the time or the inclination to spend hours upon hours of research.
THERE IS NOTHING OUT THERE ON THE INTERNET LIKE THIS THAT IS CLEAR, CONCISE AND BEST OF ALL...EFFECTIVE!!!
You can read message boards until you're eyes bleed and still be nowhere near knowing what to ACTUALLY PUT DOWN ON THE PAGE!!
YOU CAN ORDER MY GUIDE AND GET STARTED FILING YOUR DOCUMENTS WITHIN AN HOUR OR TWO WITH CONFIDENCE!!
Here's the deal....
I'm going to give you all the documents you need to respond to your summons and STOP the creditors from calling you and everyone you know!!
This one- two punch of filing the Answer along with affirmative defenses AND legally barring the creditors from contacting you (and anyone who knows you!) with a Cease & Desist Letter at an address that you designate....
THIS REALLY STICKS IT TO THEM!
It severely limits their scare tactics and often they decide it's not worth the trouble to continue as you obviously KNOW YOUR RIGHTS and have assertively declared them.
Note: If you do want to "settle" the debt at a reduced price, I offer up a whole section on IF you should settle, WHEN to settle AND HOW TO GET THE BEST DEAL!!
Here is EVERYTHING YOU'LL RECEIVE:
Note: This is an 80 page PDF Document that is print ready but cannot be edited.
It's Simple! PRINT out the SECTION that you need and use my instructions and EXAMPLE DOCUMENTS to DRAFT YOUR OWN!
I will give you DETAILED STEP-BY-STEP INSTRUCTIONS along the way on how to interpret the included documents and how to file them.
My E-Document Package holds your hand and explains each step of the process from filing the Notice of Appearance and Answer, Affirmative Defenses to explaining the Discovery stage of a lawsuit (if your lawsuit makes it that far!) to Striking Affadavits of Debt and Filing an Opposition to Summary Judgment.
So many E-books absolutely bombard you with lots of useless information that they use as "filler".
My book is "just the facts", the real tools, documents, and letters that you need to be successful in avoiding a judgement, getting creditors off your back, and keeping your credit score intact.
Table of Contents
Introduction - Page 4
Legal Disclaimer - Page 5-7
Section A - Page 7-12
Summons and Complaint - Page 7-9
EXAMPLE Cease & Desist Letter - Page 10
EXAMPLE Notice of Appearance - Page 11-12
Section B - Page 13-27
Note About Exempt Income & Assets - Page 13
How to Draft Out an "Answer" - Page 15-17
How to Draft "Affirmative Defenses" - Page 17
EXAMPLE Answer, Affirmative Defenses - Page 18-21
The "Answer" is your weapon. This is the ANSWER to their complaint. First, you must respond to all paragraphs listed in the complaint you received when you were served. You must either affirm, deny, or lack knowledge about each paragraph.
After you have "Answered" their allegations, you in turn assert our AFFIRMATIVE DEFENSES to their claims.
I have included many affirmative defenses in this document. The majority of these defenses are suited for a third party debt collector (which is typically the case, third-party means that the original credit issuer is not suing you, a collection agency or junk debt buyer is).
Underneath each stated defense is a yellow highlighted note which aids you in deciphering whether or not that defense applies to your particular case. If it does not apply, don't use it! If it does apply, you are in business!
SAMPLE Certificate of Service - Page 23
What Happens After I File? - Page 25-27
Section C - Page 28-32
Statute of Limitations - Page 28-30
This section goes into detail about how to first interpret the SOL for your State and then how to apply it as a defense. I include information on the common practice of re-aging debts AND how to argue that a credit card is an open account (which often has a shorter statute) as established by the Truth-In-Lending Act. That TILA ruling is referenced in many of the sample documents or pleadings.
SOL on CC Debt by State Chart - Page 30-32 *Plus info on the new SOL ruling in New York State!
Section D - Page 33-36
Settlement Agreements - Page 33
This section deals with the if, when and how of settlement agreements. I'll tell you WHO is a good candidate for settling and who should duke it out in court. I'll let you in one of my best strategies, the LAST DITCH SETTLEMENT APPROACH! It's proven effective time and time again, and often results in discounted settlements of 75% or more!
I will also tell you what to look out for in a settlement agreement and which CLAUSE TO REQUEST TO MAKE SURE YOU ARE PROTECTED in the event of a missed payment.
EXAMPLE Settlement Letter to Plaintiff's Attorney - Page 34
Section E - Page 37-66
Discovery - Page 37-39
Section E helps you navigate the complex world of the Discovery phase of the lawsuit. Many debt lawsuits never make it to this stage, but if you are one of the lucky ones, I am here to help!
This section will not only help you respond to the Plaintiff's requests for Discovery but will also guide you in drafting YOUR OWN Discovery requests.
This is where you ASK FOR PROOF of the debt beyond some bogus affadavit.
Guess what? 9 times out of 10....they have NOTHING?!
Judgments are handed out every day to creditors who have not one shred of evidence, because NO ONE KNOWS HOW AND WHAT TO ASK FOR!
I'll TELL you and SHOW You!
These are YOUR Responses to Request's from the Plaintiff (company suing you):
EXAMPLE Response to Interrogatories - Page 40-43
EXAMPLE Response to Request for Admissions and Productions - Page 44-53
These are YOUR Requests to the Plaintiff (company suing you) for PROOF and DOCUMENTATION of the Debt:
EXAMPLE Request for Admissions and Productions to Plaintiff - Page 54-61
EXAMPLE Request for Productions of Documents to Plaintiff (Extended Version) - Page 62-66
Section F - Page 67-80
Summary Judgment & Affadavit of Debt - Page 67-68
Summary Judgment is where a Pro Se litigant can lose their case without even realizing it. You must file an Opposition to their Motion for Summary Judgment BEFORE the hearing date. Many people fail to realize that and find that after all they're hard work, they have lost the opportunity to go to trial and have lost the case!
This section provides you with a DETAILED EXAMPLE.
You may have read about phony Affadavits of Debt in your quest to research your case. Don't despair, I'll show you how to have them stricken.
This EXAMPLE is in response to a Motion for Summary Judgment filed by the Plaintiff (company suing you):
EXAMPLE Defendant's Opposition to Motion for Summary Judgment - Page 69-75
EXAMPLE Defendant's Motion to Strike Affadavit of Debt - Page 76-78
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I am not a lawyer, nor do I claim to have any particular expertise in this area.
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