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DON'T BE HAMMERED BY YOUR DEBT

DON'T BE HAMMERED BY YOUR DEBT

Thursday, August 08, 2013

HOW TO BEAT A  CREDIT CARD DEBT LAWSUIT  USING THE SECRETS OF A  REAL DEBT COLLECTION LAWYER

I am very pleased to announce the updated and revised 2013 version of the best set of weapons you could hope for in fighting a debt collection lawsuit. For only $19.99 you can have every secret debt collection lawyers don't want you to have PLUS all of the forms necessary to fight them in court like an actual attorney.

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How to Not Pay Your Debt or Beat a Collection Suit

I really shouldn’t tell you this at all. I could get excommunicated from the fraternal order of blood sucking collection attorneys. But in my purpose I told you I would tell both sides of the story and so I will. This article comes with a giant very real DISCLAIMER. This article does not and is not meant to give legal advice. I am not YOUR attorney and we have no attorney client relationship. If you use any of the information imparted by this article, you do so at your own risk and I strongly urge you to consult your own attorney.

This article is written with the assumption that the debt that you are being sued over is a valid debt and it is your debt. If neither of these assumptions is true, then there are other articles here which are more applicable.

Alright, you’ve been sued by a debt collection attorney. What do you do now if you don’t want to or simply can’t pay the debt? The very first thing you do is request a Federal Fair Debt Collection Practices Act debt VERIFICATION. You do this for two reasons. First and most importantly, it buys you some time. Under the FDCPA, all collection activity must cease until the attorney puts that verification in the mail to you. The verification is usually a simple statement signed by the creditor and it will not take the collection attorney long to obtain it. But for that brief period, nothing will happen. Secondly, it sends a signal to the collection attorney that you are not going to be a roll over debtor. He knows you will be active in the defense of the suit. A high percentage of collection suits simply proceed to default judgment without any response from the debtor. This request moves you out of that category. Now, some simple advice. Don’t use a form from the internet to make the FDCPA verification request. I’ve seen a lot of them lately and they ask for information and documentation the FDCPA doesn’t require the collection attorney to give you. That tells the collection attorney you really have no idea what you are doing. The form letters also make threats which simple irritate the collection attorney. And perhaps simplest enough, they are wrong. The FDCPA operates on the least sophisticated debtor standard so you don’t have to be fancy. Just make sure you do it in writing and I’d send it certified mail. Simply ask the attorney to verify the debt in accordance with the FDCPA. Next, don’t be antagonistic or stupid. Don’t threaten the lawyer or lie. Don’t threaten to sue him or report him to the Bar or say you have an attorney if you don’t. These tactics don’t intimidate collection lawyers and simply mark your file for extra special attention. Finally, a certified mail written request for an FDCPA verification may end the collection process. That is true in a very small percentage of cases, but it is worth taking as a first step.

The second step is to file a SWORN DENIAL. This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount. The sworn denial is a powerful tool. It eliminates the Sworn Affidavit of Account. The vast majority of collection suits proceed without a witness for the creditor The collection attorney enters an affidavit signed by the creditor that the debtor owes the debt and that is this amount. With that affidavit in hand, the court gives the creditor a judgment. When a sworn denial is filed, the debt collection attorney can not rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The likelihood that the action will go no further now increases again.

The third step is to file DISCOVERY. This is more difficult than simply filing the Sworn Denial. You need to file a written Request for Production of Documents asking for a copy of the contract or agreement upon which the debt is based. If the debt is a credit card debt, it is likely that the debt collection attorney will not be able to secure a copy of the original agreement or if he is, he will not be able to do so timely. Most credit card signature agreements are scanned or if older, microfilmed and stored away in electronic archives. If it is an old debt which has been sold to a debt purchaser the likelihood of retrieving the original signed agreement decreases dramatically. If you are being sued in a small claims type court where discovery is not permissible, ask for the agreement at trial.

The fourth step is TRIAL. SHOW UP! I can’t stress that enough. As I’ve said repeatedly, the vast majority of debt collection suits proceed to default judgment because no one shows up to dispute them. Show up and ask for a trial. And remember, the worst thing that can happen is the same thing that would have happened if you hadn’t appeared at all, a judgment. You can’t make it worse. If the attorney doesn’t have his live witness available, oppose the case being continued. Tell the judge you’ve taken off work to be there and are ready to go forward. If the judge does continue the case to a new trial date, show up again. You will need to educate yourself. You won’t be able to equip yourself to spar with an attorney, but knowing a little is better than knowing nothing. You will need to read the Rules of Procedure that govern the court and the Rules of Evidence for that jurisdiction. Look them up online. The Rules of Civil Procedure will govern how the trial is conducted. The Rules of Evidence will govern what the Judge is allowed to see and hear. If you do have a trial and the creditor produces a live witness, attack the witness first and the debt second. The witness can only testify from personal knowledge. Generally, the witness has no personal knowledge about you or your account, but only knows what’s in the file he got from the collection department. If he is going to testify without personal knowledge, but from the records and documents of the business, then he has to have a basis to do so. He needs to be the regular keeper of those books and records and be familiar with how they are kept and their contents. Don’t simply accept his answer when the debt collection lawyer asks him if he is the regular keeper of those books and records and be familiar with how they are kept and their contents and he says yes. Ask him how long he has been with the company, in that job, what he does on a daily basis, when he first saw your file, if he knows from personal knowledge if it’s a complete file, etc. You must destroy his credibility and ability to testify about the papers he has in front of him. If you can do that, then the debt collection attorney has no case. If the witness is actually a good witness and you can’t prevent him from testifying from your file, then you need to know your defenses to the debt. The best defense is the Statute of Limitations. The Statute of Limitations is the time limit that an aggrieved party has in which to file a lawsuit. It is a drop dead deadline. Find out what your states is and whether the creditor is beyond that date. If they are, ask the court to dismiss the suit.

The last step, should you lose at trial, is to APPEAL. Appeals can take a long time to work through the system, from months to years. That time is valuable and no collection action such as garnishments can occur during the pendency of the appeal (unless you live a jurisdiction that requires you post an appeal bond to stop collection during an appeal).

At each step in the process, you increase your chances that the debt collection attorney will give and simply put your file away. But remember, always be polite, never cuss and don’t hang up on him. You simply don’t want to make your case personal.

If you truly want all the tools necessary, order my book for only $19.99:

HOW TO BEAT A CREDIT CARD DEBT LAWSUIT USING THE SECRETS OF A REAL DEBT COLLECTION LAWYER at:


Thursday, December 16, 2010

FORM FOR A SWORN DENIAL

My E-Book
HOW TO BEAT A CREDIT CARD DEBT LAWSUIT USING THE SECRETS OF A REAL DEBT COLLECTION LAWYER
 offers detailed explanations, expert guidance and most importantly actual forms which will allow you to represent yourself and WIN. As an example, here is the Form for filing a SWORN DENIAL:



FORM TEN – SWORN DENIAL
IN THE (NAME OF COURT-SMALL CLAIMS, GENERAL SESSONS, CIRCUIT, ETC.) COURT FOR (LOCATION OF COURT)
(THE HEADING INFORMATION SHOULD BE COPIED FROM YOUR SUMMONS AND COMPLAINT)
___NAME OF COMPANY SUING YOU__
PLAINTIFF,
VS.
NO. (CASE NUMBER)
____YOUR NAME___________________________
DEFENDANT
SWORN DENIAL ON ACCOUNT
Comes the Defendant, after being duly sworn according to law, and says that he/she does not owe the account on which the Plaintiff has sued him/her and that the same is not true, just, nor correct for the following reason(s):
This is not a valid debt.
This is not my debt.
I did not sign a contract to be responsible for this debt.
I did not sign a contract with this plaintiff.
If I am responsible for this debt, the amount sued for is incorrect.
If I am responsible for this debt, it is barred by any applicable statute of limitations.
_____________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
______________________________________________________________________________
_______________________
DEFENDANT (Your Name)
Sworn to and subscribed before me this the
________ day of _____________, 20_______.
_____________________________________
(NAME)
Notary Public
My Commission expires on _____________________________________.
CERTIFICATE OF SERVICE
I certify that a true and exact copy of the foregoing has been served upon
___(Attorney’s name and address______________________________________________________
by proper mailing/hand delivered same on this the _______ day of _______________________,
20_______.
_______________________
DEFENDANT (Your Name)



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Thursday, September 09, 2010

DONATION REQUEST

I've added a DONATION BUTTON at the top of this blog. I know your first thought is hey here's a rich lawyer trying to scam me out of some money. Well, I'd challenge you to read this blog in it's entirety and see that is far from the truth. On the contrary, rather than trying to get rich or even make a profit off this blog, its primary function is to provide vital information to people in real need. There is a ton of practical and more importantly, legally correct, information on this site. Also, I offer an entire book of information together with all the forms you need to fight debt collectors all for only $19.99. Once I pay publishing and other costs, this is a break even venture. I've seen less helpful guides and books written by non-lawyers offered on the internet for hundreds and thousands of dollars! So I hope you can see, this is not a get rich quick scheme. I am asking that, IF you are able, you click on the donation button and donate FIVE BUCKS. Your donation will allow me to keep this site up and running and add more resources for people just like you who need help and can't afford the thousands of dollars a lawyer would charge. So donate if you can and I thank you. If you can't, then help me out by referring some of your friends who are also in need to my site. THANK YOU.

Wednesday, September 08, 2010

Big Changes in Debt Relief Industry


The ADVANCE FEE BAN. There are huge changes coming to the debt relief industry! I’ll give you the legalese first. On July 29, 2010 the Federal Trade Commission announced its amendments to the Telemarketing Sales Rule (“TSR”) targeting the sale of “debt relief services” (the “Final Rule”). Under the Final Rule, virtually all debt relief service providers will be subject to a ban on advance fees before services are provided. The new rule will apply to these agencies because they now fall under the jurisdiction of the new Bureau of Consumer Financial Protection. The Final Rule is available now on the FTC’s website. The provisions of the Final Rule will take effect on September 27, 2010, with the exception of the advance fee ban provision, which will take effect on October 27, 2010. Importantly, the advance fee ban does not apply retroactively, so it does not apply to contracts with consumers entered into prior to October 27, 2010. The Final Rule contains specific requirements for debt relief providers related to charging an advance fee before providing any services. It specifies that fees for debt relief services may not be collected until:
· the debt relief service successfully renegotiates, settles, reduces, or otherwise changes the terms of at least one of the consumer’s debts;
· there is a written settlement agreement, debt management plan, or other agreement between the consumer and the creditor, and the consumer has agreed to it; and
· the consumer has made at least one payment to the creditor as a result of the agreement negotiated by the debt relief provider.
Previously, most of these scam artist institutions would charge you a huge up front fee for the privilege of their practically non-existent services and after they collected your money, they would do absolutely nothing. This wouldn’t be so amazingly infuriating if what they were charging you for you couldn’t do yourself. But at least now, they will have to actually contact one of your creditors and do what they advertise before they demand that you pay the thousands of dollars that you will be a fool for paying. So if you are foolish enough to use one of these outfits, at the very least, hold until October 27, 2010 to sign up!

Friday, September 03, 2010

FORECLOSURE--COMING SOON--THE TOOLS YOU NEED TO FIGHT BACK


Thanks to the overwhelming positive response to How to Beat a Credit Card Debt Lawsuit with the Secrets of a Real Debt Collection Lawyer, I am writing a new book sharing all of my legal experience and knowledge on how to fight a home foreclosure and including all the forms you need! People are paying thousands of dollars in attorney’s fees and hundreds of dollars to attend seminars in an effort to save their homes and I’ll share all the same information, direction and guidance plus give you forms so you simply have to fill in the blanks and all for only $19.99!

Monday, August 02, 2010

You've Been Served With A Lawsuit, How To Fight Back







Once you've been served with a lawsuit, usually through a court summons, you need to realize that the situation is serious and dangerous, but not hopeless. A lawsuit means you have entered a world with time deadlines that cannot be ignored or missed whether you know them or not, rules that govern what you file, how it can be filed and what a judge can see and hear and that those rules apply whether you know them or not, a language that is completely foreign to you but in which your opponent and the judge are perfectly fluent (legalese is not english) and face an outcome which could effect the direction and quality of your life for years to come. When I say that, I realize it may sound completely hopeless. It is not! You can defend yourself! You can win! You can actually be the agressor! The first step is evaluation of the summons. You have to determine if the debt is actually yours, how old is the debt, when did you default (quit paying), what is the applicable statute of limitations, what defenses are available to you, what is the best course of action to take with regard to this particular debt. Second, you need to respond to the summons and complaint by filing either an Answer or Defenses or a Motion to Dismiss based upon a defense. The third step and the step where you can become the active agressor is discovery. In discovery you can serve the other side with written questions (Interrogatories), written document demands (Request for Production of Documents) and facts for them to admit or deny (Requests for Admissions). The answers to your discovery can be used to defeat a debt collection lawsuit or simply make it go away. Forms, instructions and explanations for all of these documents and more are included for only $19.99 in my new ebook:

How to Beat a Credit Card Debt Lawsuit with the Secrets of a Real Debt Collection Lawyer

available at


If you don't have a credit card or a paypal account, you can send a check or money order for $19.99 payable to Michael Herrin to ATTENTION: Law Office at 2321 Saint Andrews Drive, Murfreesboro TN 37128. Please make sure to include a shipping address and I'll mail it out to you with free shipping.

Sunday, July 25, 2010

PRACTICAL ADVICE FROM A REAL LAWYER AND GUIDES AND FORMS!--AVAILABLE NOW, DON'T WAIT ANOTHER MINUTE TO TAKE BACK CONTROL OF YOUR LIFE


PRACTICAL ADVICE FROM A REAL LAWYER AND GUIDES AND FORMS!
SECRETS, INSIDER KNOWLEDGE, LAWYER LANGUAGE BROKEN DOWN INTO PLAIN ENGLISH AND MOST IMPORTANTLY ALL THE FORMS YOU NEED!
If you are in over your head in debt and being harassed by debt collectors, you MUST have this book! More importantly, if you’ve been sued, you have to get this book. I have been a debt collection lawyer for more than twenty years. I know every trick and tip there is to beating a debt collection lawsuit and now I’m willing to share that knowledge with you and give you the guides and forms you need to help you defend yourself. For less than the price of a nice dinner, you can arm yourself with all the information you need to take control of your situation, make good decisions and will have the forms and guides you need to help defend yourself. The book is seventy-six pages long and contains seventeen forms and guides and is only $19.99. It even has all the forms you need to help defend yourself. All the letters are here; cease and desist, payment agreements, proposal and verification letters. All the litigation forms are here; Sworn Denial, Motion to Dismiss for Statute of Limitations, Motion to Dismiss for Lack of Standing, Answer and Defenses, Interrogatories, Request for Production of Documents, Requests for Admissions and Motion to Compel. This is just a sample of the forms and guides included. Don’t wait until you are in court and are being steam rolled by a debt collection lawyer. Buy the book today and get started taking charge of your life again!
If you don't have a credit card or a paypal account and therefore can't purchase from the above link, you can send a check or money order for $19.99 payable to Michael Herrin to ATTENTION: Law Office at 2321 Saint Andrews Drive, Murfreesboro TN 37128. Please make sure to include a shipping address and I'll mail it out to you with free shipping.