Make A Donation And Help Keep This Information Available

DON'T BE HAMMERED BY YOUR DEBT

DON'T BE HAMMERED BY YOUR DEBT

Thursday, August 03, 2006

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.

Learn everything you need to know to beat a credit card debt lawsuit, forms included! Order your copy of How to Beat a Credit Card Debt Lawsuit with the Secrets of a Real Debt Collection Lawyer at http://www.lulu.com/product/ebook/how-to-beat-a-credit-card-debt-lawsuit-with-the-secrets-of-a-real-debt-collection-lawyer/11927258 

97 comments:

Anonymous said...

My mother is widowed and lives on Social Security and a Pension totaling just under 1800 a month. After all bills and groceries , medication and doctors visits , she has just about 100 left. Sometimes she get lucky if the electric bill is low enough to have 200 left. This allows me to take her to Bingo or something to get her out of the house.
Here's the deal . She 's been sued. This debt is for an unsecured credit card debt that is likely 5 years old and closing in on 6 years . Her husband or my dad probably too the card out and MAYBE had her joint signature on it. Bit she doubts that she signed it. Either way , she is pretty much insolvent and has no real non exempt property. The bottom line is she just can't pay. It's just that simple. I filed an answer with her and stated that she has no recollection of ever signing this debt. I also stated that she will be requesting PROOF that she did and that is is not past SOL. I also mentioned her very near broke situation. I have all the evidence to help her. We will probably go to trial and just see what happens. If She loses , then we will just wait until she is served with the Cause of non payment. We will appear at that hearing and just state that she can not pay. If at that point a judge sets up a payment schedule and takes her last hundred she will be screwed.
I really don't see how it could get that ugly. You mentioned the Waffle House waitress a hundred grand in the hole . Can being a 80 year old widow with a heart condition be any better for a collector?

HMMMMMM.

Anonymous said...

Excellent post, this will help me infinitely.

However, what does this mean in layman's terms?

" 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."

Thanks

Anonymous said...

FDCPA states that if a claim is disputed within 30 days that the debt collector shall cease collection of the debt until verification is provided. This appears to be a somewhat ambiguous area. Does placing a lien on property prior to submission of verification by the attorney violate the FDCPA requirement that verification be provided before initiating the debt collection process? In other words, is placement of a lien considered a collection process or a legal process?

Anonymous said...

extremely informative. Thank you very much.

Anonymous said...

Well, here's a new avenue for all of you... bogus judgments. I got sued not once, but twice, was never served and didn't know anything about until 2 years later, at which point it was too late to fight it. Here's the scum that did it: Gregory M. Maurer of New York City, representing Erin Capital management (a scumbag outfit) and Jeffery Perrella of Goldman and Warshaw in New Jersey representing Bank of America (another scumbag outfit). All this due to 9/11. America, a great country! Maybe I'll sue someone for owing me nothing.

Anonymous said...

I try to help people identify scamming outfits like Erin Capital Management and you don't post my information. Apparently you support these outfits. I'll post you as a supporter of scam artists elsewhere on the Internet, fuckface!

Michael Herrin said...

You simply can't help some people.

Michael Herrin said...

Does he really think all I do is moderate comments to this blog? I'm a working lawyer moron.

Anonymous said...

I have seen both ends to this and I just want to say that I appriciate your website to help people. I do internal collections, but I want people to understand there are avenues to work before "collections" If a person maybe feels like they are getting behind then they can 85% of the time make payments on a bill.
and also for the guy who posted above about his mom being on ssi.. im 99% sure they cant touch her ssi! if she is older and doesnt plan on buying anything, I would say screw em and not pay. 7 years from when the debt started it will go away.

Anonymous said...

I am from New York.Recently,I tried to access my bank account. And found that a court ordered judgement had been issued to my bank to freeze my assets by a private collection agency. I found out is was over a debt from the year 2000. They are stating they are not going to unfreeze my account until i pay them $5000. How do i get my account unfrozen and get away from these people?

Anonymous said...

Step 2 - SWORN DENIAL is only done if your sued? or should it be done after you request validation and they keep failing to provide it.

Anonymous said...

Step 2 - SWORN DENIAL is only done if your sued? or should it be done after you request validation and they keep failing to provide it.

Anonymous said...

What do you do if it genuinely is not your debt? What if the prior owner of your house / apt. / telephone number is the debtor but YOU are the one getting the nasty calls and letters? And they don't stop even though you tell them (of course they assume you are lying). I know about cease and desist letters, etc. but aren't there provisions to sue - say in City Court - if the collections agencies still will not leave you alone?

R said...

to mistaken identity...do you know the dirtbag? if you do and provide the creditors with said dirtbags information they will be thankful and leave you alone.

you can send a cease communication letter. you can also get a non published phone #

Anonymous said...

to the owner of this blog, you give some good info for consumers...to give them a chance, against collections firms like ours...

however, there are several things that you say which are false! one of the big ones is "you cant make it any worse by going to court" this is untrue, if the stiff owes the $$ and we can prove a balance and are still fought tooth and nail, the debtor can be nailed for attorneys fees. one case of ours the debtor was help liable for $10,000 in attorneys fees.

i also recall a case we recently won, where the debtor was being sued by many creditors, the judge and clerks clearly knew the debtor due to all the shitty motions he tried filing. the courts are not stupid, if they see the same motions and same arguments over and over it becomes obvious that the debtor is a bag of shit, and they will not show leniency the case i am thinking of the debtor was ordered to pay 1500/mo and was ordered to transfer his property back into his name (he quit claimed)

so fighting the case is good if the creditors case is weak, you can usually tell by the affidavit if docs are avail to support there claim. if the debtor owes the money perhaps paying would be the moral thing to do? i advocate getting a job and not living off credit rather than becoming a professional debtor!

Anonymous said...

I consulted an attorney regarding a court notice I received in the mail. He actually advised me to ignore it and just let the judgement happen. I'm starting to wonder about his advice. Was also wondering how long it usually takes for a creditor to sue an individual.

"It's Hot in TO-PE-KA!" said...

Hey Michael,

PTL (Praise the Lord) for your simple advice. We are facing about $1200.00 in medical bills and an additional $300.00 in attorney's fees. I just received the papers today.

Yes, we owe the debt. And as many others, we are not able to just pay it. We had medical coverage and it lapsed due to our employer not paying their coverage for the entire staff!

So, surprise this bill just came up through the cracks. I am going to try to follow your example of how to contest the plaintiff's debt collection actions. I realize that we could turn around and try to sue the now defunct employer, but that is a long shot considering that I have to make it happen myself. (No money for bills, no money for attorneys)

Anyway, thanks again. After I request the VERIFICATION, I am going to file for a POSTPONEMENT too. No matter what happens, at the very least I am intent to try to work out a payment plan.

Thanks,

Paul

Jamie T. said...

Mr. Herrin, I just want you to know that there are many, many of us out here who are very grateful for what you're doing here, and very appreciative of the time you have taken out of your life to provide the valuable tips and share the information that you've shared. You didn't have to, and on the behalf of those of us who see your heart I would like to say to you - Thank you. Please know that comes from the heart.

Mr. Herrin, I know and acknowledge that you are not retained as legal councel to me and have read your disclaimer, I will not ask you for advice legal or otherwise, I simply wanted to ask if you could help clarify in my mind a few points you made in your prior posts. My husband and I both are currently being sued by debt buyers and are trying to defend ourselves. Here are 3 points I ask if you could please clarify: Regarding Your Post Dated 8/3/2006 1) Debt Validation - To see if I'm understanding what your post said; Question: - Can debt validation be requested AFTER the lawsuit has been filed against us, and if so, must the party bringing suit against us attempt to delay the trial date until they have complied with our request? Also, should the debt validation request be separate from our Discovery? 2)Sworn Denial - Question: If the Answer we file to a lawsuit is a SWORN general denial as opposed to a unsworn general denial, were you saying that means the other party MUST produce a live witness at trial, even if we don't petition the judge to force them to? 3)Discovery - Question: When you mention the step of filing a written Request for Production of Documents and asking for a copy of the contract or agreement, are you referring to the copy or portion which would contain our written signature at the time the contract was entered into, or just the contract in general? I thank you for any answer you might have time to provide. Best Regards, Jamie - eimajt@care2.com. If you prefer, please contact me off-post.

Anonymous said...

I'm wondering if a collection agency even has a right to get any money from you.

Is it true that if an original debt is sold to a collection agency, that unless the person admits to the debt that was bought by the collection agency (like failing to respond within 30 days by default), that there is no obligation to pay the collection agency?

This is because the person has no contract with the collection agency regarding the original debt nor obligation to pay this third party. The original holder of the debt sold it to the collection agency thereby getting paid for the debt. Therefore, unless the person admits indebtedness to the collection agency, or fails to dispute the "30 day letter", nothing is owed to the collection agency.

After all, we never signed any contract to pay the collection agency. It seems that the collection agency is out any money allegedly owed because we have no obligation to pay a debt we never contracted for.

Am I correct?

NYRedhead said...

I owe a credit card and a bottomfeeder named COHEN & SLAMOWITZ took over this acct. I went to court and luckily the woman in front of me said she was not served properly (subpeona never received)I had the same problem and the judge vacated the order (they had frozen a bank acct)which was my ex-husbands but my SSN was still on the acct. Now I received a postcard to appear in court in Dec (a self-represented bench trial) What does that mean? What do I have to bring? I have not worked in 27 yrs. and have no money. I only receive child support. What can they do to me?

sub-prime from the bank you should trust said...

Your page was such a relief to find. At the very least you've given me hope, which is the foundation of my livelihood right now.

I am being sued (or threatened) by a collection agency that I CONTACTED about my debt in an effort to get back on track. The card was a $500 limit credit/debit card from Wells Fargo, hoisted upon me with my first bank account, (a Student Saving account) in what they called an effort to build credit and be a responsible person.
I now understand this was a consumer lending scam, or a sub-prime card, but I trusted the bank (as I was raised to do) and thought I was doing the right thing. NEEDLESS TO SAY, here we are 8 years later and I couldn't be more shocked. Like I said, I contacted them to figure out a plan to pay off my debt and it was four months later that they begin to change their tune and threaten to take me to court.


How do we know when the statute of limitations begins? I am having a difficult time finding that information. For example,

a sub-prime card I opened in my teens quickly got out of hand a few months later. A $500 limit ballooned into a $1,162 debt, and was turned over to collections within a year. 8 years later (From the date of opening the account) I am being threatened with legal action by the collection agency.

If the statute begins the moment the debt enters collections, it is reasonable that the statute of limitations is up on this debt.

If the statute begins sometime later, say if the debt was purchased by a new agency more recently, then we are getting closer to the wire.

If the statute begins the moment the action is taken to an attorney, then they have 6 more years in my state to pursue the collection.

mkescoto said...

We have an old debt about 8 years old it was an credit card with a small amount under 800.00 A man came to our door and gave us a summons to appear in court we are being sued , I checked my credit report and found this has been sold a few times , but it is due to be removed from our credit file in april 08 The name is Lvnv we told them the SOL has expired and they said they have proof it has not we went to court once and we didnt solve anything just got new court date we have another court date coming up ive been searching internet to see what we should do the debt has tripled and this frim is not willing to negotiate any advice
Thanks

mkescoto said...

We have an old debt about 8 years old it was an credit card with a small amount under 800.00 A man came to our door and gave us a summons to appear in court we are being sued , I checked my credit report and found this has been sold a few times , but it is due to be removed from our credit file in april 08 The name is Lvnv we told them the SOL has expired and they said they have proof it has not we went to court once and we didnt solve anything just got new court date we have another court date coming up ive been searching internet to see what we should do the debt has tripled and this frim is not willing to negotiate any advice
Thanks

Anonymous said...

Here is one thing that everyone must pay attention to, as I apparently misunderstood the instructions posted above. You must submit the sworn denial as well as the verification of debt within the 28 day time frame (or whatver else is on the summons)

I filed a verification of debt and was thinking I should wait until that was received before filing a sworn denial. I received the verification of debt two days ago and my court date is tomorrow.

I just found this tonight and it appears I am walking into a default judgement.

I hope no one makes the same mistake I did. I will submit the post mortem tomorrow.

Anonymous said...

I received a summons to go to court for a credit card debt that was almost at the 3 year statue of limitations. It was still a valid debt though. I appeared in court for the initial hearing and contested the debt because they had added alot of fees and interest bringing the amount to 2500.00. They set another court date and I had to file a paper with the courts about why I was contesting the debt. In the letter I wrote that I wanted to see a signed contract, all the transactions that make up the balance and proof I have ever made payments and dates of those payments. A few days prior to the 2nd court date the collection gency sent me a letter saying they had filed a non suit and that I did not need to appear. They indeed did drop the case against me. It is very hard for them to gather all the proof needed in many of these cases I believe. It is best to fight. You have to show up though, if you don't they will win everytime. Once you show up depending on the amount that is owed they will not want to waste time and resources pursueing most small debts IMO.

Anonymous said...

I have a question? Do you put the AMOUNT that they say you owe and the creditor when you right for VERIFICATION and DENIAL?

I got a piece of paper in the mail saying I unless I wrote a written response in 20 days I would lose. They say i owed in count I over 4k and in Count III with accruing interest of 6900 for a grand total of 11k.

So would I put I deny this debt to capital one 11,000 . or would I write I deny owing this debt (without the name of the creditor and amount owed) or would I put I deny owing this debt of 4000 in count I and 6900 in Count III?

And for verification would I simply write:
(My name) requests a Federal Fair Debt Collection Practices Act debt VERIFICATION

or do I add something else? Thanks for your help.

Rella927 said...

I got a letter from the court that I'm being sued and the judgement has been filed- I have to answer them in 30 days. I have the DV letter ready to be sent. The company is North Star Capital Acquistions, LLC which I have heard many bad things about-them being total scam collectors. I have to file the answer and get it in the mail today and need help with this-I opened this credit card account in 2001 and it was charged off-in 2003 August- When is the statue up? From the time it was charged off?? This boggles me how these debt collectors can buy something that is charged off and then get FREE money for it!

Anonymous said...

How does someone type up, or find a copy of, a graduated denial?

Anonymous said...

I'm dealing with Midland Funding right now and your site has really been a life saver for me, I used a couple of your tatics and managed to bluff thier Attorneys off for 6 more weeks, they re set the court date and that will buy me some time to do some more homework and howefully beat these thiefs !! thanks so much for being here,

Anonymous said...

I'm just wondering if they filed suit with the court before the SOL expired on a credit card debt, but by the time of my actual court date came the SOL had past, will the judge honor the SOL when I go in front of him ? that is where I'm at now, can anyone please help ?

Anonymous said...

Hi. My sister was sent a collection letter from a law firm for a credit card she had that was sent to collections. I had her send a letter to the law firm asking for verification. After she did they sent her a copy of her drivers license and a letter she wrote to the credit card company changing her last name. The law firm also stated that she had only 10 days to pay the debt in full, this was included in the "verification" they sent her. What can be done now? Is her requesting a last name change with the credit card company enough proof for validation of debt?

Anonymous said...

Hi... in the past year I was sued and then based on the fact thatthe collection agency had no dsupporting documents the collection agency themselves dismissed the case. Now... a month later they are sending threatening letters again... the same agency for the same debt... can they do this?

Anonymous said...

A debt collector took money out of my mother's bank account for a debt that I owe and not her.My name is on her bank Account but not my SSN. can they do that?

Anonymous said...

Ok, so I am being sued for a credit card debt that was sold to a collection agency. My hearing is next week. I filed a sworn statement of debt denial and an answer to the suit within the appropriate time limit (20 days) from being served notice. My question is, do I need to appear in court or will those 2 statements be enough to dispute the debt?

Philly said...

Here's the deal, I am being sued by a collection attorney. I had requested validation of the debt and they sent me a few statements and then proceeded to sue me. I answered the summons with a denial and then requested proof of documents in which they provided me with statements going back a few years, and sent a notarized statement of a witness who says they know my file but they left it blank. I am scheduled for arbritration next month. Any ideas how to handle this?

Creditwrench said...

I highly commend your recommendation regarding the sworn statement of graduated denial response to a lawsuit, it still does not recognize that a hurdle exists that must somehow be cleared. The problem is that while judges accept it as a response even over the objections of attorneys they also routinely ignore it as having any force or effect on the plaintiff. For all the good it does, the defendant might as well save time and effort by simply stating that he does not owe the debt. Even if the defendant makes further pleadings objecting to the plaintiff's renewed demand for summary judgment claiming that there are no triable issues of fact before the court and the plaintiff is entitled to judgment as a matter of law. The defendant objects stating that the plaintiff has no affidavit nor witness before the court and no evidence of agreement or contract binding the parties nor any other evidence of debt and furthermore points out that his is the only sworn testimony before the court therefore plaintiff's summary judgment should be denied and judgment should be entered for the defendant as a matter of law. Judges routinely ignore the defendant's pleas and grant judgment for the plaintiff. What can be done to keep that from happening? Of course, there is one remedy that has proven successful which is to verbally object and then demand that the judge certify the question for appeal. Judges routinely deny that too so it has to be taken to the next level which is to go through the recusal process but pro se litigants are usually not mentally prepared to take the issue to that level. It takes a lot of nerve to stand up and face down an angry judge and most people simply don't have it so what else can be done to force the judges to recognize the graduated denial for what it is and make the plaintiff either shape up or ship out?

By the way, I really like your blog and I carry all your postings on my message board via the RSS feed. I also carry blogs from many other sources such as yours. I carry the Michigan Debt Collectors blog, SCOTUS, if it please the court, Supreme Court of Texas, feeds from all Oklahoma appellate courts, the Oklahoma State Supreme Court and many more. About 50 feeds in all come into my message boards.

I do hope you can give us some insights on how to better utilize the graduated denial without having to get into verbal fisticuffs with the judges.

Anonymous said...

i got a letter saying that a judgement was filed against me and within 30 days i would have a sherrif sale. First of all i never got and information on when and where this court date was.

Is that legal and or normal
thank you

tarah said...

I am just crious as to what happens after you file the appeal. I filed an appeal and havent heard anything yet. It has been about 35 days and i belive they have 30 days. What if they dont answer the appeal? I am not sure of how it works...

cimile said...

When do you do the discovery? Do you wait until you get a hearing date after you deny the debt?

Creditwrench said...

I like to send my first dicovery which is demand for admissions at the same time I send my response to the plaintiff's attorney. I never file an answer but rather file a response.

Anonymous said...

I used the sworn denial you suggested and the judge ruled against me because it did not just flat out say I did not owe the debt.

Creditwrench said...

I've read through these comments again and I am appalled by what I see. Elderly people who don't know that their SSI cannot be garnished by federal law. In fact, nobody can even threaten to garnish SSI money. Even the threat is illegal. But the federal law that says it is illegal to garnish government pensions has no teeth. The teeth are in the Fair Debt Collection Practices Act. I see people who are claiming that the graduated denial doesn't work, but leave unanswered the all important question of what else did they do. The graduated denial all by itself will do no good at all if the defendant does not use his discovery tools and does not know how to use all the rest of the tools available to him. The problem is that there is only one question before the court and that question is whether or not the defendant owes the money and if not why not? So the defendant has already lost before he ever responded. Of course, most people would reason that if there is no hope of winning then why bother? The reason one goes through all the steps is to catch the lawyer violating FDCPA so s/he can be sued in federal court where the only question before the court is whether or not the defendant broke the law while in the process of attempting to collect the debt. Nothing else matters. So did the lawyer properly validate the debt upon having received a timely demand for validation? Did s/he desist from any further collection attempts until such time as the demand was complied with? So as in the case of one person above who had only 28 days within which to file response to the court but had 30 days within which to demand validation. The proper answer to that is file your sworn statement of graduated denial and your comprehensive discovery plan, notice of appearance pro se all at the same time then mail it and the demand for validation plus demand for admissions all at the same time. Now what is the attorney to do? He has 30 days in most venues to respond to the demand for admissions so also only has 30 days within which he must provide a full and complete validation of the debt. If he responds to the admissions without the demanded validation he is guilty of a violation. How did he respond? Did he respond fully and truthfully or ware the responses full of nothing but evasive obfuscations and pettifoggery? If they were then each such question so responded to is an illegal act of providing the consumer with false and misleading information. Were the responses allowable under the court rules of civil procedure? If not then a motion to compel should be filed as well as another federal case. Did the defendant end up filing motion for summary judgment against the plaintiff? If not, why not? You simply can't hope to win against seasoned attorneys unless you know what all the possible answers are to each problem presented to you and how to apply them as well as when to apply them. Learning all of that takes time and the average person does not have the time to learn all the tricks and traps and so he is bound to lose. But even if he does lose there are still remedies that can be applied to prevent the possibility of the plaintiff being able to garnish wages or seize property. My students learn all of that and more. I must admit that my students lose in local courts consistently but they never lose in federal courts. The answer is that you must learn, you must learn very quickly and you simply can't do that without the help of somebody who has the knowledge and the experience to teach you how to win in court without lawyers. You can't do it without expert help. Most if not all of the comments here illuminate that fact with a great intensity. Creditwrench
(405) 237-2174 or (405) 227-9423

Debt Settlement said...

US Financial Freedom, Debt Settlement Company provides the debt relief that will get you back on your feet, with a payment schedule that you can afford.
Imagine what it would be like to be debt free...this is something we have helped people just like you with many, many times.
Why wait to eliminate your debt? Fill out the Information form from site: http://www.usfinancialfreedom.com and let us help make your dreams of being debt free a reality!

Anonymous said...

It is rather interesting for me to read this article. Thanx for it. I like such themes and anything connected to them. I definitely want to read more soon.

Anonymous said...

It is extremely interesting for me to read that post. Thanks for it. I like such themes and anything connected to them. I definitely want to read a bit more soon.

pennybob said...

Is a Sword Denial for credit card debt valid in Pennsylvania and is there a PA form for this?

Anonymous said...

I was was just served over the weekend. Left in the open,no envelope on my doorstep Saturday night. In the summons the Plaitiff attorney says that I never disputed the debt to Discover Card. I was first sent the collection notice on Oct 6, 2009. I sent my request for validation on October 26, 2009 by certified mail w/ a return reciept. Only had to make it 5 miles across town. The return reciept card never made it back to me. I do have the certified mail reciept with the postmark. In the summons the plaintiff states I never disputed the debt. I know I maade the 30 day deadline and they kept the return card. In my sworn denial to the court I have mentioned the certified mail. In a sworn denial do I send a copy to the plaintiff attorney and do I let them know they errored in lying about my denial or do I wait until I get to court and ask the judge to dismiss the case because they refused to verify my debt?

cap1sucks said...

Your mother is widowed and lives on Social Security and a pension, some dumbo has sued her and you are going to do what? Go to court and just see what happens and if the judge sets up a payment plan she is pretty much screwed? I don't think so. Ever hear that they can't even threaten to take someone's pension money? If they do they have committed a violation of the Fair Debt Collection Practices Act. Under FDCPA it is illegal to do or threaten to do any illegal act. Under federal pension law it is illegal to garnish any government pension. Combine the two and you have a federal lawsuit against the debt collector. You demanded that they prove that the debt is not past SOL? There is no requirement that they prove such a thing. The burden of proof is on you. SOL is a separate defense and if you can prove it the defense cannot be beaten. If you don't plead it properly or don't plead it at all you will lose the right to use the defense in local court but not in federal court. You say the debt is likely 5 years old or mote. What state do you live in? That makes a big difference. The SOL is different in every state. It sounds to me that you have an excellent reason to file Informal bankruptcy which is much different than the formal variety. You just need to learn the difference between formal bankruptcy and the informal variety and how to file the informal variety. More than 28,000 people have already done so and there are an additional 3 to 500 people doing each and every month. Your mother seems like an excellent candidate for the informal bankruptcy process. You just need to be aware that there are many naysayers about the process out there on the net but you will immediately see that they are all bankruptcy lawyers trying to lure people into their scheme so they can fleece them even more. False and misleading information about informal bankruptcy is all over the net but those who file informal bankruptcy get rid of their debts and get paid for doing it.

Creditwrench said...

You didn't get the green card back? What you obviously failed to understand is that you paid for that green card and it is therefore your property. There is no discretion on the part of the post office about whether you get it back or not. It is their job to get that green card and return it to you. In order to enforce your right to get your property back you need only call up the postmaster at the zip code where it was delivered and tell them that you never got the green card and since it is your property and you paid to get it back you want that green card. It is up to them to go get it and get it back to you and no postmaster will disagree with you on that point.

Also your planned arguments are not likely to get the case dismissed.

Anonymous said...

Okay I just received a card left by a sheriff (civil/warrant) . I'm quite sure it has to do with Capital One even though I have several outstanding CC. I a have not yet responded to the card left that requested for my for name , address and daytime contact if I should call. The Sheriff also came to my house the night before about 8:50 p.m in which I didn't answer. If this is indeed Cap One I had a credit limit of about $4800 but it has increased to $7800. Do I need to call the officer or just proceed and send the verification, sworn denial. What steps should I take at this point?

Curious said...

Okay I just received a card left by a sheriff (civil/warrant) . I'm quite sure it has to do with Capital One even though I have several outstanding CC. I a have not yet responded to the card left that requested for my for name , address and daytime contact if I should call. The Sheriff also came to my house the night before about 8:50 p.m in which I didn't answer. If this is indeed Cap One I had a credit limit of about $4800 but it has increased to $7800. Do I need to call the officer or just proceed and send the verification, sworn denial. What steps should I take at this point?

Creditwrench said...

First I would go to the clerk of the court and ask to see your public record. Look for the judgment and ask to see the file. Then once you have that look to see if there are any documents that have a notary public seal on them. If there are any such documents then get copies of those. Go home and prepare your paperwork. Your response, your certificate of mailing, your demand for admissions (if allowed by court rules), and if appropriate a demand for validation and send them off to the plaintiff's attorney. Then avoid the sheriff and his summons as long as possible. Once you get served look to see how long you have to respond and file your response with the clerk as late as possible on the last possible day you have to respond. Delay filing your response as long as you can. Keep a careful track of what gets filed in the case and see what happens. You have to respond to different filings in different ways. I know that all sounds cryptic or something but it is all about paperwork and strategy and I can't tell you what is going to happen in the future. I don't have any crystal balls. (sorry)

Anonymous said...

First off... Thank You for the information provided, it is very helpful.

I have a question,
I wanted to work out a payment plan with my debt collectors since it is a valid debt.
I called in and they only offered $100 payment per month or legal actions would be taken. I explained I can only afford $50 per month and they denied it.

Somebody had suggested that I send in a letter providing the option to pay $50 per month. also to enclose in that letter a $50 check. The person told me that if they cash the $50 check they would be accepting my payment plan, and
I could continue paying the $50 per month with no legal actions.

I am not asking for legal advice. I'm just asking for an opinion on the matter and what best actions would be suggested.

-Thank You

Anonymous said...

Tried these steps... exactly as written... didn't work. Sorry Friends. However - if you do end up in a bad situation - talk to the law firm who has sued you. We lost the case, but they were willing to work out a payment arrangement, and even offered to settle the balance with us once we were able to provide at least 50% of the balance. Point being - while these steps may work for some situations, they certainly aren't fail-proof.

Creditwrench said...

That is right. They aren't fail proof. Like so many pet theories that abound on the internet, they sound great but are false and misleading and almost worthless. The problem most debtors face is that they know they owe the debt, the plaintiff's lawyer knows they owe the debt and the judge figures the lawyer wouldn't be there if the defendant didn't owe the debt so a judgment is almost inevitable. I know that and I'm being sued for a debt I know I owe, the plaintiff's lawyer knows I owe the debt and when it gets to trial the judge will figure that I must owe the debt or the lawyer wouldn't be there. The judge will probably be more than happy to grant a judgment. Despite all the cards being stacked against me I just might win in local court. Regardless of the fact that I know I'm up against a stacked deck I'm not going to just give up. I'm going to fight to the last breath. When the fat lady finally sings I'll be more than happy to talk settlement with the plaintiff's attorney but the attorney won't be the least bit happy with the terms and conditions of the settlement. The truth of the matter is that regardless of all appearances it is not I but the attorney who is playing against a stacked deck. The terms and conditions of the final settlement will not be how much I am going to pay but how much that lawyer will end up paying me and it will be more than the amount they are suing me for by quite a few thousand dollars. Am I just dreaming? Absolutely not!Am I following somebody's idiotic plans and mad schemes? Absolutely not. Will they get a judgment against me? Can't be sure at this early stage of the game but I have to figure that the odds against my winning in local court are huge indeed. Even if I win this time around they will probably try to refile it because if I do win it will be on technicalities. If they get a judgment they will have won nothing at all because they can't get a crying dime out of me no matter how many judgments they might have. So I'm not the least bit afraid of their judgment because I am in a special group of people whose source of income cannot be garnished by law. I'm not alone in that special group of people. Millions upon millions of people cannot be garnished by law in the U.S. and that number is growing daily. But I said that they would end up paying me instead of me paying them, didn't I? Well, I'm not just idly boasting or beating my chest for nothing because after this trial is over there will be another one where I am the plaintiff and that lawyer will be the defendant who will have just about the same or less chance of winning than I did in the first one. So, you see, even though I may walk through the shadows of the valley of tears and judgments I fear no evil for I am the meanest SOB in the valley. I am Creditwrench.

Melodee said...

What do I do if I have submitted a validation request to a creditor and all they provided me with was the original document I signed proving that I opened the account? There is no validation of an actual debt or account number.

Creditwrench said...

What you do if you send a debt validation letter to a creditor and they don't comply?

Nothing at all. Creditors are not covered under FDCPA. They might be under state law but not federal. Even if it were a debt collector you still couldn't do anything and of course neither can they until they have complied with your demand for validation.
At least there is nothing that you can do to them legally speaking. That's why I use a series of letters spaced evenly apart after thirty days have passed. I try to goad them into doing something instead of nothing at all.

PCB said...

I have a question. I was recently served a Warrant in Debt for a hospital bill. I was ignored, twice, when I filled out an application for aid. Then, they hired an attorney, which I responded telling them to validate the debt. Their response was this warrant with an itemized bill, which I cannot read because I am not a doctor. I was unemployed at the time. (Almost 18 months) This was explained to the lawyer representing them. So what can I argue?

Anonymous said...

Your Signature creates the credit, therefore, you don't owe them. If you pay on an account that you signed, you are paying them twice including mortgages. The truth is coming out about these schemesters called creditors.

Legal Debt Settlement said...

The bottom line is that debt settlement is a legal, honest way for consumers to avoid bankruptcy and get out from under the weight of heavy credit card debt.

Anonymous said...

I have a attorney sueing me for a bill i con not afford to pay for mediccal services due to a concussion. The hospital has been rebought by another corporation and now they are filing suit. The case is in its statue because in wv its like 10 yrs! but they have added a fee on to the account of 8.25% interest. No where did i ever sign an agreement for fees fo nonpayment i did sign an agreement saying that if the insurance didnt pay i would pay the balance. what do i do now.

Anonymous said...

Anonymous:

What should I do if they have already filed 2 judgements 2 different collections? They haven't sued yet or I haven't been served any papers. I have no owned property and am paying on my home and have almost lost it once now due to foreclosure. I lost my job and it has taken more than a year to get another permanent one but at no where near what I was making.
What do I need to do about this?
Is it true if they don't have the original signed documents then they have no case. these debts are more than 6 yrs old. I live in Texas.
Would really appreciate your help!

Anonymous said...

I am battling the original crditor, major company. I filed a motion to dismiss without prejudice for failure to comply with TR 9.2. The Indiana Court responded that they would give the plaintiff 20 days to comply and the case may be dismissed. 30 days later I filed a Motion to Dismiss with Prejudice because the plaintiff failed to comply with TR 9.2. The court granted the Motion to Dismiss without prejudice but declined the motion to dismiss with prejudice. I know its not final, but I bought some time to prepare because I believe they have to start over again and file another suit. BUT, I JUST RECEIVED in the mail a MOTION TO AMEND from the plaintiff. I thought the plaintiff had to start over again? What should I expect? In the Motion to Amend they also stated they attached the document required to comply with TR 9.2 but nothing was attached. I heard this was common practice, and what can I do about that?

Thanks in advance for you help.

Jan and garry said...

Can a bank account that only has social security deposits be frozen?

Anonymous said...

I was sued by an old landlord in Tennessee after he and I agreed that he would use my deposit for my last months rent. I didnt get it in writing because I trusted him and my job was transferring me to Mississippi. A friend was present when this agreement was made via speaker phone 30 days prior to my departure. Never did he ask me to pay the June rent. He sued me in small claims for $1050 my deposit was $950 which he kept and never gave me a written doc showing how he used it. I have no $$ after paying for the move and he knew this as we discussed it several times. He agreed to use my deposit if I would place internet ads for him for the unit to re-rent it which he did on July 1. Today was the court, I sent 2 letters explaining why I could not be there and I filed a cross complaint for my $950 deposit. Tennessee wont allow phone response. If they enter a judgement against me..can he garnish my wages here in MS?? He knows where I work. Thank you for your help.

Anonymous said...

I can’t image myself been able to pay all that money just because I made a stupid, ignorant, naïve decision to help someone as worthless as this. I have student loans already to worry about.. There must be a law or a way somewhere in Maryland (MD) that can make this disappear.

Anonymous said...

first and foremost, if your mother is on social security, they cannot touch her SS money. ONLY the Government can take what they give you. case closed. Look it up!

Anonymous said...

I have been served a summons to appear in small claims court. I want to call the attorney and pay this debt now, as I honestly overlooked these medical bills in the amount of $380.00 (two bills) Can I pay the attorney now and not go to court in two weeks?

Anonymous said...

when do you file for a sworn deniel to the court clerk, once you are served papers?

Anonymous said...

We are being sued by a group of lawyers on a credit card debt. We aren't sure this is our debt. We have had several financial issues over the past few years. We honestly aren't sure whether we owe the debt or not. We sent a letter to the attorney after we were served requesting verification of this debt. All they sent back was another letter on their stationary saying who the original creditor was the creditors address, an account number with all x's then the last 4 digits listed and the social security number listed the same way x's then last 4 digits. The letter was signed by an attorney nothing attached just the attorney saying we owed. This isn't proof just their word? I sent another letter certified and one to the court requesting again verification of debt and sent a copy to the court. I plan to file a sworn denial in the next few days. I think these lawyers are bottom feeders. If they can't provide anything proving this debt doesn't this case need to be withdrawn? I have read up on these people and they are the lowest of the low. Please let me know if I am doing what we should do. Thank you!!

Anonymous said...

I would like some advice. I am being sued by a collection attorney who bought an old debt of mine. The debt is from 2000, but the court papers have a date of 2004 on them. I was never served papers. I found out about the judgement when I tried to get money from my account that is presently frozen. I am a student and receive finical aid I have no other income. It is Finical Aid money that is being garnished. I went to court and filed a dispute because I was told Finical Aid is exempt from garnishment. I go to court in March. I wanted to know what are my chances of getting my money back and what should I take to court for proof of the exemption of Finical Aid Funds.
AMR

Collections Agency said...

No matter what is the size of a particular business is, debt collection is always tricky.Especially, when the reputation is at stake as at the end of the day, we deal with people.Any professional collections agency needs to understand this and they should be following the federal law at any cost.

Anonymous said...

Here's one...answered and included within the answer sworn denial...hehe..but since it was also not validated properly as per city state and federal documented proofs by legal documentation of the debt, and having known that two names on the total debt, one mine and one another debt who was once a minor, their debt after turning 18 was included as my responsibility...this was answered by a motion to dismiss from the agents attorney...Now we explained all the federal act violations within the answer for future argument, but the dismissal now has brought on the separation of the debt and even before the case is dismissed the plaintiff has decided to send the other party on the debt a bill for what they owe with 90 day late charges?...the case has not been dismissed yet. I think there is a reason to continue?
Also, now that they request a dismissal should I stop and let it drop and take the new actions that will be coming, by new bills from the plaintiff. I do have issue which was stated in the response answer denial of debt regarding the bad craftsmanship by the plaintiff, but did not counter, and I know by doing that I have basically said the debt might be mine, but is it a good idea to continue or not? I have not sent for my credit report YET...I probably should but that will bring older or other debt to question to life again...Also I included in the answer only the facts pertaining to the debt, giving them their reason to dismiss, although There was flaw in service and stated that first on the answer, if dismissed will they be required to state their reason? other than dismiss without prejudice?...these guys are hoping like most that no one answers or shows up...If they reported this to a credit bureau and since, may have called them and they may have had it removed from the logs, am I still obligated to bring this up before dismissal? And how within the time left? I have thousand in cash payments to them before the plaintiff breached the contract by denying me another appointment to correct the inferior work completed so far. I was in the office with an emergency to repair the cracked teeth, more than one caused by the inferior work...of course I can not afford an attorney and I have not spoke to them since the day they denied me service based on me owing money to them ,yet I had made a 100 payment just 4 days before this. I am thinking this was a breech as it was not for new or more work, it was to repair their inferior work and I have four teeth since that are cracked and getting worse. I do not want to talk to plaintiff until the case has completed, but I want my teeth fixed, should I..hehe...get my credit report showing they submitted the debt before it was adjudicated as per the fed law they are not supposed to, and since not bringing the counter within the answer should I sue them both separately now?
I know you are a busy person...but we all need your help. Just got the dismissal by mail this week 4-16-12...I have two separate cases with this plaintiff and both have the same answer issues and both contain irresponsible office management by either adding costs above estimated charges by 1000 and or other adults debt, which by the way plaintiff has billed the other two prior to dismissal, and the act of refusing to repair the inferior work? anything I should be doing right now?

Anonymous said...

Oh and on the Teeth issue one above...I requested the dismissal of debt as one of my prayers against plaintiff...Do I understand correctly that the judge can do that?
Also, The courts here have two different venues for these cases, one without the judge being the husband of the collector and one that isn't married to them but is and has been within their department...it is like she, the collector, is married to one courts judge and works in the clerk and recorders office and uses this other court to do her dirty work. When a defendant asks to see other court, of course it is her husband and then in that court the plaintiff can have an attorney, which she works for under the guise of his name on the letterhead bringing to question if she is lawyer or using a lawyer without saying so, but sending her letters on his letterhead, and by him signing recorded docs, even his name on the docs recorded but not signed by the lawyer...is that legal? All of the above?
I suggest everyone here go to their local muni court web sites and READ READ READ! Use downloadable documents and make them look correct...the ones they were supposed to serve with the original, ordered by the states Attorney General to be included with service, were not included and required me to go in to get them and once received, they are stated so that the normal person would just answer the given quotes...you can write on them, but you better do it so they can read like court docs...if not download, type it in, and move stuff where it is supposed to be by the documents stating your instructions from the local city website...just a though...and please answer if possible...

Anonymous said...

I wasn;t properly notified about a court date and have a judgment against me from 2007 that i'm just finding about now. The new collector is taking me to court to take over the judgment and the execution but that was lost or destryoed. there is nothing about a judgment on my credit report. They could be garnishing my wages after the court date next month. They are rude and talk down to me and will not give me info. I asked for the original amt of debt and they refuse to tell me, they say you will get all that info next month at court. He said he can garnish 30% of my pay check. He said he might look into getting me that info if I was going to make pmt arrangements. He says I owe 11 grand I say prove it. I don't know who you are or the other people that had the account before you. How do I know that is my debt? He refused to give me info and said what are you going to do stomp your feet and cry if you don't what you want/

Patent News said...

Happy to see your blog as it is just what I’ve looking for and excited to read all the posts. I am looking forward to another great article from you.

Anonymous said...

I lost a debt judgment in small claims court. After all motions were ruled on I filed an appeal to a District Court judge. I was denied because there were only 10 days to appeal after the judgment was issued. I filed motions, so I thought the case would be considered ongoing. Is there a way to petition a higher court? The agency has put a lien against my property, even though the lot and house has been protected by the homestead act since 1991. Why have a law if it's not enforced?

Anonymous said...

Another asset to them is that they have to pay of age
are titled for the loan to deal with importance. Instant liking bad commendation
loans are short-run representative and ask him, the form itself.

To help such persons in realizing their car, any learned profession
bills or repairing, repair of your dwelling etc.
payday loansThere are only two requirements so on he will be
deductible to get your guardianship on these cash in hand.

Anonymous said...

For peoples older citizen who live under Social Security, are no any way a creditor win by Law no Court can take any money from social security payment. Anther thing are after seven years all info are remove from credit buro and if can get a money back are to high impossible, only when have any property or any another value, if not a creditor are screw.But in many case some business report client own money, when real are not, simple a business won make more money, and claim services who never was give and screw a customer report to credit buro, and a buro not demanding real evidences. Why not open a credit buro for business, where we can complain and punish a mob business? who are a lot? or that call free enterprise?

Robert Dallas said...

I was served papers September 30th of last year, I sent a denial letter requesting proof that the debt is legitimate to the law firm on Oct. 15th. I had all but forgotten about the case until I checked the mail and had a letter from the court house that the collectors have filed for a motion for default and judgement with a court date of July 17th. Did I already mess things up too much to fix?

Robert Dallas said...

I was served papers September 30th of last year, I sent a denial letter requesting proof that the debt is legitimate to the law firm on Oct. 15th. I had all but forgotten about the case until I checked the mail and had a letter from the court house that the collectors have filed for a motion for default and judgement with a court date of July 17th. Did I already mess things up too much to fix?

civil litigation solicitors burnley said...

Thanks for this posting!
Nice & very informative blog.

Anonymous said...

BOA is suing me for non payment they refused to implement the payment protection that I had been paying for almost ten years. Because I was working towards completing a Masters degree, they said they would give credit for my GPA being excellent and extend only one month but no more. I have been looking for work constantly w/o any luck, in the process of relocating to care for my aging mother who just started receiving her full retirement, my health is also an issue, and now BOA is telling me that all I have invested in as far a payment protection is no good, yet expect to get money from me when I have nothing? What can I do and how should I handle this in court? My court date was Sept. 1, 2015 but a court clerk called to day to say BOA's attorney requested more time and the judged accepted their request, so now the new date should be around Sept. 22, 2015, etc. I am facing being homeless too because I have nothing and will have to move in permanently with my mother because my credit is gone now.

Anonymous said...

How do you deal with a law suit when the company refused to provide payment protection benefits after you have invested in this for many years?

Way Progress said...

There are various online sources to provide you informative details on this topic,
but this is one is very helpful.

Judgment collection

Anonymous said...

How long after i file my response and denial does the plaintiff have to respond or the case be dismissed.

I responded to the suit stating the case i am being sued for has a different SSN attached to it.. the courts and plaintiff lawyer received them on 12/04/2015. It is now 01/08/16 - I only had 20 days to respond - how long does the plaintiff have?

Anonymous said...

I just went to court to have a judgement vacated as the debt was passed the SOL. The judge was a total ass & read from his notes how I received notice by certified mail & never bothered to get it & also mailed via regular mail in 2012. I tried to explain the truth was I never received it byet mail as I would never had ignored it. He stated he didn't believe me & never got the chance to tell him it was passed the sol to obtain a judgement.
However in my answer & motion to vacate the judgement I did explain that. This ass already had his mind made up. I reminded him I took an oath to tell the truth and he said I simply don't believe you. We'really done judgement to be vacated DENIED. My question is what options do I have if any? BTW judge appeared on my credit report before my court date

Anonymous said...

It was really helpful for me to read this article. I'm doing step by step all what it was suggested. thank you

sprayrite said...

Wow, that's interesting. Especially since most of us bags of shit had to help out all the creditors a few years ago. I guess they're bags of shit too. That's makes all of us bags of shit. But I do think America is set up for people to take financial risks on purpose because it creates innovation. That's why so many fortune five hundred companies have had a lot of debt canceled over the years. But I guess they should just get jobs, not be scumbags, and stop living off of debt. What would these debt attorneys do if they ran out out of work. People not paying their bills probably keeps a lot of people working.

ars said...

Hi. Is this blog still current?

Osman raheem said...

I am a private loan lender which have all take to be a genuine lender i give out the best loan to my client at a very convenient rate.The interest rate of this loan is 3%.i give out loan to public and private individuals.the maximum amount i give out in this loan is $1,000,000.00 USD why the minimum amount i give out is 5000.for more information

Your Full Details:
Full Name :………
Country :………….
state:………….
Sex :………….
Address............
Tel :………….
Occupation :……..
Amount Required :…………
Purpose of the Loan :……..
Loan Duration :…………
Phone Number :………
Mobile Number: +919910768937
Contact Email osmanloanserves@gmail.com

Anonymous said...

A credit card lawsuit was filed against me on 4/6/15 and I was served on 9/2/15. I'm in Texas and statute of limitation expires in June 2016. How long does the collection lawyer have until this law suit expires.

Unknown said...

I was served with lawsuit papers in May 2015 for a vehicle that was repossesed after it blew up. I responded and filed my response denying the debt within the time frame. (21) days. I also sent a copy the debt collection attorney via registered mail. I asked at the clerks office how long until the hearing? I was told "a couple of weeks." Up until last week, I had heard nothing from the court or the debt collection attorney. Last week I recieved a letter from the attorney for a Summary Judgement request. I was sent nothing by the court for May 5, 2016 It has been almost a year since I responded. Can I have this dismissed due to the length of time it took them to do anything? I live in Dixie County Florida.Thank you for any help you can give me. If you need further info my e-mail is Wyverndragon@gmail.com

Carolyn valachovic said...

social security cannot be garnished for bills, except in the cases of child support, taxes and student loans. Not sure about the pension so I would suggest researching if it can or cannot be garnished. So even if she is found liable for the debt, they will not be able to collect it from her social security and there are no debtors prison so she cannot go to jail for not paying the bill, just don't enter into any sort of agreement.

Blogger Attorney said...

This is exactly correct. Government benefits (Social Security, Disability, etc.) cannot be garnished by anyone except the government (taxes, past due taxes, court orders such as child support and government obligations such as student loans). This is important information and I'll make it a full blog post so the information is widely disseminated.

Minecraftlover said...

What do you do if you never get a summons and the court records show that one was never sent to you or attempted delivery and then they do a default judgement against you? is there any way i can fight this?

Alicia Baptiste said...

I was taken to court by a credit card companies lawyer in 2013 and the case was dismissed with out prejudice. I have been writing the credit bureaus to remove the charge off from my credit report for years but they still have not removed it. Also, in court I never acknowledge/claimed the debt. I am planning to sue the credit card company as a last resort. Is there anything I can do to have the negative trade line removed before heading to court and would I have a chance of winning if i follow your steps. I appreciate your advice. Thank you in advance. Alicia