Honest and practical advice for people dealing with debt collections by a real debt collection attorney. 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/content/e-book/how-to-beat-a-credit-card-debt-lawsuit-using-the-secrets-of-a-real-debt-collection-lawyer/14028746
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HOW TO BEAT A CREDIT CARD DEBT LAWSUIT WITH THE SECRETS OF A REAL DEBT COLLECTION LAWYER
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__
NO. (CASE NUMBER)
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.
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 donateFIVE 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.
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 theFederal Trade Commission announced its amendments totheTelemarketing Sales Rule (“TSR”) targetingthesale of “debtrelief services” (the“Final Rule”). UndertheFinal Rule, virtually alldebtrelief service providers will be subject to a ban on advance fees before servicesareprovided.Thenew rule will apply to these agencies becausethey now fall underthejurisdiction ofthenew Bureau of Consumer Financial Protection. TheFinal Rule is available now ontheFTC’s website.The provisions oftheFinal Rule will take effect on September 27, 2010, withtheexception oftheadvance fee ban provision, which will take effect on October 27, 2010. Importantly,theadvance 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!
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!
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
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 totake 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 theletters are here; cease and desist, payment agreements, proposal and verification letters.All the litigation formsare 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 have been sued or about to be sued or are being threatened with suit over an old or past due credit card bill and don't have a clue what to do. I have the answer for you!! The long awaited Secrets of a Debt Collection Lawyer, How to Survive A Debt Crisis, Collection Agencies and Law Suits, Practical Advice, Tips, Techniques & Tricks, Forms and Guides is almost finished and will be published this week. It will be approximately 50 pages and contain over a dozen forms and guides. It will be available from Lulu.com with a direct link found here and will sale for $14.99. If you want to reserve a copy, shoot me an email to firstname.lastname@example.org, put EBOOK in the subject line and just include a return email address and I'll email you the instant the Handbook is available and give you a direct link. This handbook will let you take control of your life again and allow you, not the credit card company or some debt collection lawyer, to take control of your life! It will have guides and forms to aid you in defending yourself, file in court, even sue the collectors if you want! Don't miss this opportunity. This information is not a scam or a "secret method". It is practical step by step how to information and FORMS on how to defend yourself against debt collection!
There is a legal term called a "Statute of Limitations". This is a legal term for a time limit in which a lawsuit must be brought on a debt or it is barred forever. There are three crucial dates with every Statute of Limitation. First, when does the statute BEGIN TO RUN. In other words, when can you start your clock ticking on the time limit. A statute of limitation typically begins to run from the "date of default". Again this is a technical legal term, but it is essentially the date you broke your agreement or the date you missed your payment and went into default. The second important date is the date the statute of limitation expires. In other words, the date that time is up for your creditor to sue you for not paying the debt. This needs to be explained in a little more technical detail. A statute of limitation is not a bar to being sued. It is a defense if you are sued. A creditor may still call you, write you, demand payment, even sue you for a time barred debt. None of those actions is a per se violation of the Federal Fair Debt Collection Practices Act. A statute of limitations is a defense to being sued. If you are sued after the time limit has ran, you can plead the statute of limitations as a defense and the suit will be dismissed. Now we have a start and an end date, so I know you are asking what in the world is the important third date. The third date is Debt Defense Mistake Number One-the date you revive an old debt. Depending on what state you reside in, there are a multitude of ways you can revive a time barred debt. Generally if you admit you owe the debt, if you agree to repayment of the debt and most importantly, if you make a payment on the debt, the statute of limitation clock starts all over again. Many creditors who buy time barred debts for pennies know these tricks and will contact you and get you to make a minimal payment solely for the purpose of restarting the statute of limitations so you can be sued for the full amount of the debt plus interest. Don't make this mistake. Educate yourself! Figure out when you defaulted and do the math and see if your debt is time barred. The link below lists the general statutes of limitations for each state. A credit card debt is typically considered an open account debt.
I am working on an E-Book that will serve as a Handbook/Guide for disputing and getting out of debt. I am thinking of offering two versions. The first would simply be the Handbook and would cost $5. The second would be the same informational handbook, but with forms and would cost $25. I would appreciate your feedback; is this something you would find useful? Are the prices reasonable? What would you pay for this kind of information? Let me know your thoughts please.