Credit Card Debt? Collection Agency Lawsuit?
In most cases, you ONLY HAVE 20 DAYS to respond or THEY WIN!
The creditors expect you NOT to fight back. Turn the tables on them!
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!
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
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!
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
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.
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!
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.
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.
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
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-Book 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
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.
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?
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.
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
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.
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.
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!
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.
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.
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!
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.
hesitant to fight back? Read this......
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.
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 for credit
I immediately began RESEARCHING....AND
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.
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
I was Being Sued for $5,000 plus Legal Fees AND I Only had 20 Days to Respond with
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
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!!!
Please be aware. I ONLY sell this E-Book on MY OWN WEBSITES, it is NOT for
sale nor is it available free anywhere else. If you see it on EBay it's a fake or rip-off (yes..I've found my book being
sold on Ebay!) and there are some copy-cats out there. This site and it's sister site (http://www.IHaveBeenServed.com) are the ONLY place you can purchase the original, How To Answer a Credit
Card Debt Lawsuit and Win E-Book.
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 TYPING
YOUR DOCUMENTS WITHIN MINUTES WITH CONFIDENCE!
Here's the deal....
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
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!!
is EVERYTHING YOU'LL RECEIVE:
Note: This is an 80 page PDF Document that is print ready but
cannot be edited. You must re-type the documents, most are quite short and this insures accuracy. Believe me,
copy and paste-ing may sound like a good idea but I've seen it lead to disastrious consequences.
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.
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
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
Happens After I File? - Page 25-27
Section C - Page 28-32
Statute of Limitations - Page 28-30
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.
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!
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
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!
TELL you and SHOW You!
These are YOUR Responses
to Request's from the Plaintiff (company suing you):
to Interrogatories - Page 40-43
to Request for Admissions and Productions - Page 44-53
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
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.
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):
Defendant's Opposition to Motion for Summary Judgment - Page 69-75
EXAMPLE Defendant's Motion to Strike Affadavit of Debt - Page 76-78
Afterword - Page 80
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A half hour consultation with a lawyer will generally
cost you a minimum of $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.
STOP SURFING AND START WORKING!!
You can have a lawyer draft an Answer for you. I found one website that does that and they charge
$175 for the Answer alone plus $20-$30 in Fedex charges plus an additional expedite fee if you need the Answer within 3-5
days......which you will almost always need! That's alot of money for one document.
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!
It very well could be the best $37 you EVER SPENT...this
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