Or, have YOU already BEEN SERVED BY ONE OF THESE UNETHICAL CORPORATIONS?
Legal Disclaimer: I am not a lawyer, nor do I claim to have any particular expertise in this area. I'm just an average person who decided to do my homework on this issue and try to save myself $5,000K! It worked for me and I believe that it can work for you! Please read full disclaimer at the bottom of this page.
These immoral "collection agencies/attorneys" and "junk debt buyers" have figured out an ingenious method to be given LEGAL ACCESS TO YOUR BANK ACCOUNT! They will FREEZE your funds 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 DEBT COLLECTORS in 2005 THAN ANY OTHER INDUSTRY! AND....the number of COMPLAINTS was SIX TIMES more than in 1999!
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!
My 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 CORRESPONDENC 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 tools will give you strategies to be one step ahead of the creditors and includes sample settlement letters!
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 buy 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 dependant on your state's regulations.
**My E-Documents will give you a list of the Statute-of-Limitations on Debt by State!
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 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 work paid off and my creditor dropped the lawsuit.
Regardless of your exact situation, the first step is to FILE AN ANSWER.
Your creditor will either drop the lawsuit or you will be granted a court date. In all likelyhood, 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 my ANSWER templates to those of you who are trying to figure out how to respond to your lawsuit and 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!!
You'll find lots of advice and personal stories and I encourage you to check them out, BUT I found nothing that was already formatted for use.
Here's the deal....
I'm going to give you all the documents you need to respond to your summons with a legally formatted ANSWER and STOP the creditors from calling you and everyone you know with a Cease and Desist Letter.
This one- two punch of filing the Answer along with twelve affirmative defenses AND legally barring the creditors from contacting you (and anyone who knows you) (except for in writing) at an address that you designate.
THIS REALLY STICKS IT TO THEM!
It severly 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, the CEASE & DESIST LETTER along with an offer for settlement (BOTH ARE INCLUDED IN MY E-DOCUMENT PACKAGE) is a very effective strategy that will seldom be declined by the creditors.
Please know this E-DOCUMENT PACKAGE is my property and it is not some recycled book of credit tips.
Fill-in-the-Blank Word Templates to guide you in fighting a lawsuit brought on by collection agencies or "collection attorneys" for old credit card debt. Here is EVERYTHING YOU'LL RECEIVE: Note: All of the legal pleadings are formatted in Microsoft Word on 28 lined pleading paper. All other informational documents are in PDF Format. 1. Start Here! E-Letter: Instructions for Understanding and Completing Your E-Documents This letter is your Tutorial and will Walk you Step-by-Step through how to interpret the included documents and how to file them. This document hold your hand and explains each step of the process from filing the Notice of Appearance to explaining the Discovery stage of a lawsuit. 2. Pro Se Notice of Appearance This document is on pleading paper and is filed with courts and mailed Certified, Return Receipt to the Plantiff (the creditor who is suing you). This is essentially notifying all interested parties that you are an active participant in the lawsuit, that your address is correct or has been corrected, that you will be representing yourself (Pro Se) and that all further documentation and/or notifications regarding your case must be mailed to you at an address that you designate. 3A. Pro Se ANSWER TO COMPLAINT, AFFIRMATIVE DEFENSES This document 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. My E-Letter and this document will give you examples and walk you through this step. After you have "Answered" their allegations, we in turn assert our AFFIRMATIVE DEFENSES to their claims. This document is formatted as such that anywhere that you need to fill in your personal information (case #, State, Name, etc.) I have yellow highlighted those areas. 3B. STATUTE OF LIMITATIONS ON DEBT by STATE Note: One of the defenses that I've asserted in the ANSWER is the Statute of Limitations defense. This is very strong since many of these JDB's purchase out-of-statute debt with the idea that most consumers aren't aware of the statutes. If you are certain that your debt is within statutes then simply delete that defense from your document. If not.... Here's the deal..... I will provide you with a PDF list of the statute of limitations on open, written, and oral debt for your state. Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act: TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part A > § 1602 4. CERTIFICATE OF SERVICE This document is filed with the court and mailed to the Plaintiff, it simply states that you have filed your Notice of Appearance and Answer, Affirmative Defenses with the court and that copies of said documents have been mailed Certified, Return Receipt to the Plaintiff. 5. DECLARATION OF EXEMPT INCOME & ASSETS This is the letter that bars the collector's from phoning you at home or work AND bars them from contacting your employer, neighbors, family and friends. This document instructs them to communicate with you by written correspondence only at an address that you designate. If they do violate this request (which most won't) you can turn the tables on them and sue for $1,000 for each infraction as they will be in violation of the Fair Debt Collection Practices Act, Section 1292(c)......so if you do get a phone call after you've sent this letter (Certified, Return Receipt of course!) please keep a log for reference. 10. EXAMPLE OF A RECENT DEBT LAWSUIT or I am not a lawyer, nor do I claim to have any particular expertise in this area. Within minutes you can get started on fighting your lawsuit with my Complete E-DOCUMENT Package for only $37! You'll receive: Bonus #1: 5 Sample Dispute Letters to Creditors & Credit Reporting Agencies, Plus a Settlement Letter! Bonus #2: IMPROVE YOUR CREDIT SCORE IN 24 HRS EBOOK! ***Three new techniques to improve your score in 24 hours ***Unpublished phone & fax numbers for Equifax, Experian, & Transunion for quicker results! ***A little known timing trick that will improve your credit score 15-30 points each month. ***What the credit bureaus don't tell you... ***How to avoid a lender inadvertently "pulling" a lower score ***The 5 elements that determine your credit scores and how to leverage them to your advantage ***A full credit "game plan" to put your credit on the right track! AND....IF YOU ORDER WITHIN THE NEXT 10 MINUTES, I WILL ALSO INCLUDE: AGAIN, ALL THIS FOR ONLY $37!!!! It doesn't matter if it's 2am! Information in this document is the intellectual and physical property of The Marcotti Group, Ltd. Reproduction and distrubution are forbidden. No part of this publication shall be reproduced or shared, stored in a retrieval system, or transmitted in any form or by any means, (electronic, mechanical, photocopying, recording, translated) or used to produce derivative works or otherwise, without written permission from The Marcotti Group, Ltd. All of the information contained within this webpage and the Ebook is meant as educational material. We do not guarantee results or take any responsibility over the results created by implementing any of the strategies contained within this website or resulting Ebook purchase. It is provided with the understanding that the author and the publisher are not engaged in rendering legal, accounting, or other professional advice. The advice contained herein is based upon the author's personal experience and research and may or may not be correct. The author wants to stress that the information contained herein and within the Ebook may be subject to varying state and and/or local laws and regulations. All users are advised to retain competant counsel to determine what laws & regulations may pertain to the user's individual situation. If legal advice or assistance is required, the services of a licensed professional should be sought.
Beat the collectors as their own game!
No one else on the web is offering this kind of turn-key solution. I was served last year for a $5,000 credit card debt, I researched and fought the lawsuit and it was dropped. I decided to put my work to good use and offer this package to others who are in similiar predicaments.
You get everything for $37!
Instantly available for download when you pay through PayPal.
You'll also receive an instant e-mail with downloadable links to your Word and PDF Documents.
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 improving and/or repairing your credit score.
I have included 13 affirmative defenses in this document. Most of these defenses should be suitable for any type of credit card debt case, some of the defenses only apply if you are being sued by 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).
Just fill in your details and remove the highlight. 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, just delete the paragraph. If it does apply, simply delete the yellow highlighted portion. Once you have reviewed it, simply PRINT and you are ready to file your documents!
There has been some confusion over whether credit card debt is considered open or written debt as the statutes on each type of debt are drastically different.
§ 1602. Definitions and rules of construction(i) The term “open end credit plan” means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.
This document is for those individuals who have assets or income that is exempt from garnishment. Examples of such income would be social security or disability income. See the document for the full list.
6. DISCOVERY: RESPONSE TO INTERROGATORIES
This discovery document includes Instructions for Answering Interrogatories along with the Response to Interrogatories document that allows for 15 responses w/ an extra page built in if you need to add more.
7. DISCOVERY: REQUEST FOR PRODUCTION OF DOCUMENTS
This discovery document includes requests for 17 items of documentation for the Plaintiff to back up their lawsuit claims. Examples of a production requests would be, "#4, A contract, agreement, assignment or other means of demonstrating that (Plaintiff) has the authority and capacity , and was legally entitled to collect on the alleged debt from (Original Creditor).
8. BLANK 28 LINED PLEADING PAPER IN WORD
This is a blank 28 lined pleading paper document for additional pages or additional documents should the need arise.
9. CEASE AND DESIST LETTER
WHAT TO EXPECT IF YOU END UP IN THE COURTROOM
This document divulges the details of a recent credit card debt lawsuit that went to trial. I reveal what was said, what questions were asked and how a favorable verdict for the Defendant was reached.
11. PRIORITIZATION OF DEBT - WHO TO PAY FIRST?
This document is a must-read for anyone struggling to pay ALL of the bills each month. It explains your legal obligations on various types of debt and budget items. If a debt must be defaulted upon in order to put food on the table, this document will reveal what kind of impact the default will have and what recourses are available to the creditor and the debtor.
You'll Receive 22 Documents In All!
A consultation with a lawyer will generally cost you a minimum of $250-$300 (unless you qualify for legal aid) and frankly, you may get bad advice unless you can specifically locate a lawyer who specializes in consumer debt practices.
I found one company on the web that will draft an Answer. They charge $150 plus $20-$30 in Fedex fees, PLUS an undisclosed expedite fee if you need your documents within 10 days...which you will need! That's alot of money for one document.
I'm just an average person who decided to do my homework on this issue and try to save myself $5,000K!
It worked for me and I believe that it can work for you!
It would cost you half that in gas just to get to the library!
I'm including 3 AWESOME BONUSES that you will help get your credit back on track and clean up your credit report.
BONUS #3: 101 TIPS & STRATEGIES TO LEGALLY IMPROVE YOUR CREDIT SCORE!#3: 101 TIPS & STRATEGIES TO UNDERSTAND & IMPROVE YOUR CREDIT E-BOOK
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