Settle credit card debt » Debt Collectors

Civil Summons For Credit Card Debt? Don’t Make These Mistakes!

admin — Tue, 13 Jul 2010 00:30:23 +0000

Observations on the Most Common MISTAKES Consumers Make When Faced with a Credit Card Debt Lawsuit

1. Consumers ignore notices for Court.

Never, ever ignore a notice from the court. If you suspect it’s a fake (some FDCPA Violators a.k.a. “junk debt buyers” have been caught sending out fake documents that resemble a summons) please call your local courthouse and ask them for verification. A court clerk generally answers the phone and can search by case number or by your name.

The creditor is counting on you either not receiving the notice or not responding to it thus granting them a a default judgment. A default judgment means they WIN and can now garnish your wages and freeze your assets. You may not even receive of the judgment until a wage garnishment attachment is in place.

2. Consumers fail to respond to summons.

Many consumers feel guilty about their debt(s) and fail to respond to the summons within the time-frame indicated. Even if your debt is valid, within SOL and you want to settle, YOU STILL NEED TO RESPOND TO THE SUMMONS WITH AN ANSWER within the time-frame granted (from the date of service) which is usually 20 to 30 days.

I’ve seen too many cases where the consumer works out a deal directly with the debt collector (Plaintiff) and never responds to the court placing that responsibility on the Plaintiff. Guess what? Plaintiff never withdraws their suit and now they have a default judgment in addition to whatever monies they’ve already collected from the debtor.

3. The following practice by debt collectors seem to be an increasingly common (and sleazy) occurrence. The debt collector may sue a consumer is Court. Instead of using the Sheriff to serve the summons, the collector likely will opt to use a special process server. (This is what happened to me!)

The consumer never receives the summons because of improper service (summons was left in an obscure location on the property, with a neighbor, etc.) thus the consumer never answers the complaint, and the debt collectors win a default judgment. BUT, the debt collector sits on the judgment and waits two to three years before executing on it…usually by a surprise wage attachment. The first the consumer ever knows of the suit or judgment is when their wages are garnished. The consumer will have a hard time trying to get the Court to vacate the judgment after two or three years. And the wage garnishment will stand.

This is another excellent reason to sign up for credit monitoring so you will know immediately if something like this has happened. Additionally, many district courts have websites where you can search for your name, not a bad idea to do on a monthly basis if you suspect a collector will be filing a suit against you.

4. When served with a summons (if you are even served), immediately contact an attorney. If you can’t afford an attorney, you can file Pro Se, which means you represent yourself. But by all means, file the answer within the 20 to 30 days indicated! You may qualify for legal aid AND there are resources out there to help you draft your documents, check my links for referrals.

I recommend sending a Notice Of Appearance (this instructs the Court that you are an active participant in the lawsuit and that you should be informed of all communication at a designated address.)

You need to file the Answer to Complaint, Affirmative Defenses document which answers their numbered allegations with an Affirm, Deny, or Lack the Knowledge to Answer type of statment. On the same document you then go on to assert common defenses to credit card debt lawsuits such as out-of-statute, statute of frauds, etc.

You also need to send a Certificate of Service that proves you mailed your Answer documents to the Plaintiff as well as filed them with the court. AND, I highly recommend you send a Cease & Desist Letter to the Plaintiff (read my post about How To Intimidate Debt Collectors for a great tip to use w/ this letter!) that instructs them to only contact you via written correspondence and bars them from contacting your employer, friends, relatives and neighbors.

You should also consider initiating “Discovery” by serving them with a Request for Production of Documents. Basically, you want to put them on notice that you are aware of your rights, are not going to roll over and accept a default and MAKE THEM PROVE THEIR CASE!

It’s well known that third-party debt collectors often only have an affidavit of debt to go off of. If you don’t request any documentation that is enough for them to win or obtain a judgment. However, if you request documentation they must furnish it at a hearing. If they can’t, you win!

For more information about how to fight a credit card debt lawsuit or to purchase my Word & PDF Fill-in-the-Blank templates for Notice of Appearance, Answer, Discovery, and more please visit ihavebeenserved.info.

You have nothing to lose by fighting these predatory debt collectors and everything to gain!

By: Jay M Johnson

How to Beat the Bill Collector With Sample Cease and Desist Letter

admin — Tue, 27 Apr 2010 10:10:57 +0000

Debt collectors are highly motivated to convince debtors to pay the debt because they frequently work on a low base pay plus commission. This business model has created the reputation for bill collection agencies that we know today.

The collector might engage in threatening behavior and harassment. However, like any other business they are governed by laws that prohibit certain abusive practices.

There are three reasons for a debt collector to contact you: your creditor has not received a payment from you within the time frame discussed in the contract; you are a victim of an identity theft meaning someone used your identity to obtain credit and didn’t pay it off; and finally, you might be contacted by collectors who are looking for someone other than you.

When contacted by a collector, take as much information as possible from the caller. Ask for the name of the company, address, the caller name, fax and phone number, amount owned, and the name of the creditor who passed your account to them. Also, tell them you expect to receive a notice in the mail concerning this debt. The last step is very important because you need to have proof of the debt in question in writing.

If you discovered that the debt is not yours, never pay it off simply to get rid of the collector. Also, never ignore the collector either. They will not stop contacting you, and may even file a lawsuit against you. If you are repeatedly being contacted by a collector looking for someone other than you, it may be considered a form of harassment. To stop this you need to send them a letter requesting to cease calls.

If you established that the debt is yours and you don’t feel comfortable dealing with a collector via phone, tell them you want all future correspondence in writing. You need to send this request via a certified mail and request a return receipt. If you want to allow calls only between 5pm and 6pm, tell them about it in the letter. By law collection companies are required to respect your privacy and will have to cease all phone calls to your home, relatives, neighbors, and work.

Once you have their claims in writing it’s easier to seek legal help, and keep records of your correspondence. Send all your responses to bill collectors via Certified Mail. This way you will have proof of receipt by the addressee.

Remember that the amount they claim you owe is negotiable. You can negotiate the total amount due, number of payments, and the payment deadline. Once you worked out the payment plan, request it in writing.

What a debt collector CANNOT do:

1.) Use deceptive practices. For example, threaten you with arrest or trick you into paying for collection calls.
2.) Use obscene language.
3.) Call you at work after you tell them that your boss does not approve these calls.
4.) Deny you the right to receive a written notice (within five days after your first phone conversation) that would tell you how much you owe and the name of the creditor that says you owe the money. If you do not receive the notice within five days, call the collection agency and ask for its address and fax number. Then, send a letter to the collector noting its failure to send you the required notice. As a minimum, make a note in your file.
5.) Refuse to give its name and the name of the collection company when asked.
6.) Put a debt on your credit report if you file a dispute. It must validate the debt by obtaining a verification of the debt or a copy of a judgment from the creditor before continuing their collection efforts. The results of the investigation must be mailed to you.

SAMPLE CEASE AND DESIST LETTER

The cease and desist letter has legal stature based upon the Fair Debt Collections Practices Act at section 805. You can read it for yourself here. The Fair Debt Collection Practices Act applies to both the agency and to attorneys who collect two or more debts per year. This law does not apply to the original creditor. However many original creditors will honor your request to not be called.

Please note that when a consumer debt collector receives a cease and desist letter they may move the account to legal status. This means that if they intend to sue you, the cease and desist letter will prompt them to bring suit immediately. So if there is an alternative way to stop being bothered by their calls, like using an answering machine, I’d suggest that you try it first. If there is no alternative then send the cease and desist letter.

Send the letter via certified mail with a return receipt request. Keep a copy of the letter for your files. The letter may take a couple of weeks to work its way through the collection agency’s system before your number is taken out of their automated dialers. Even after they receive the letter they are allowed (under law) to contact you one time to notify you of their intent.

The below letter is easily personalized by utilizing a word document program. Although not the cease and desist letter currently utilized by Credit Restoration Consultants, it will serve to notify consumer debt collectors of your intent and purpose. Although protected by copyright, single user permission is granted to individuals in the self help credit restoration process.

My Address
My City State and Zip

December 30, 2001

Acme Collection Agency
12345 West Main Street
Any Town, AL 30311

Dear Sir/Madam:

This letter is forwarded to your collection agency reference account number 123456 and the dunning collection notices/calls recently received. Insofar as your agency is a debt collector pursuant to section 803 of the Fair Debt Collection Practices Act, you will be treated like one. Therefore, the Fair Debt Collection Practices Act – and all of its relevant provisions – will be invoked.

YOU ARE HEREBY NOTIFIED that this is a disputed debt pursuant to section 809 of the Fair Debt Collection Practices Act. The specific content of said dispute was recently stated – verbally – to an individual at your agency who refused to provide their name upon request thereof. Pursuant to the FDCPA, you are prohibited from dunning a debtor when a specific debt is disputed.

YOU ARE FURTHER NOTIFIED that this is a disputed debt pursuant to section 623 of the Fair Credit Reporting Act. It is my belief that your agency has illegally reported this disputed debt to Equifax, Experian, and Trans Union. If this is the case, I will most certainly litigate an action against your agency insofar as it has willfully reported a disputed debt. Pursuant to the FCRA, your agency must notify the consumer reporting agencies of any disputed delinquency immediately upon notification thereof. A further cause of action may exist for failure to perform this ministerial task.

YOU ARE FURTHER NOTIFIED that I desire no further communication with your agency under section 805 of the Fair Debt Collection Practices Act. Your agency is to CEASE and DESIST all further communication immediately. Should I receive another piece of dunning correspondence that does not comport with the provisions of the FDCPA, I will immediately initiate litigation against your agency.

Sincerely,

John Q. Public

THIS IS AN ATTEMPT TO MAKE A DEBT COLLECTOR OBEY THE LAW. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM AN ALLEGED DEBTOR REFERENCE A DISPUTED DEBT.

By: William E. Lewis, Jr.

Fight Off Debt

admin — Tue, 20 Apr 2010 18:24:52 +0000

If you’re drowning in debt, you are already well aware that it can really make life difficult. This is simply because these debt collection companies and debt collectors hunt you down like a pack of hyenas. No one likes to talk to these skunks but sometimes doing so can be beneficial. You’ve recognized that you need a debt relief solution, and you must come up with a debt management plan. Everyone has a right to lead his/her beautiful life with ease and comfort irrespective of the fact whether they are debtors or not.

If the debt collector does not offer debt management advice, ask if there are any debt management plans or ways that your interest, payments, or fees can be lowered to put them within reach. Part of the problem is that many debtors just aren’t good at debt management or managing their finances generally, and that is part of the reason they got in too much debt in the first place.

If borrowers would learn never to borrow money to buy such things as holidays visits to restaurants and the like, they would never be in debt. Debts of that nature are what enables the moneylenders to acquire another debt slave and laugh their way the bank. Don’t be like the monkey that is attracted to the shiny mirror, wake up! Find out how to earn more money, find a money making idea, a home based business perhaps, find out how to make money online, then you will know how to pay off debts. Start cheering yourself up by browsing the three web-site URLs in the Resource Box below, all of which will get you out of debt, if you follow the procedure therein and the advice herein.

Debt is often caused because people are quite simply not earning enough money; they borrow in order to keep up with everyday expenses until the inevitable crunch comes. Some become very skillful at pushing the crunch day forward by manipulating lenders, those people should instead concentrate on using their skills at making extra money and finding a money making business opportunity.

Often the worry of dealing with paying off debts prevents them from pursuing extra money from additional earnings. If they could shake off that borrow, borrow mindset and replace it with earn, earn mindset they could not only deal with their debt more efficiently they could become very comfortably off by seeking an entrepreneur opportunity. For those of you who have still got any sense left, and want a debt relief solution, think again and take a look at the following website shown below

One could conceivably start an internet business opportunity using money temporarily held back from creditors to make a profit, and use that profit to pay off debts. While it’s unlikely that you will be able to get someone else to pay your debt for you, there is help getting out of debt available. You can learn how to be your own boss to get extra money and learn how to pay off debts.

Then with extra income which will help getting out of debt make a workable budget and put extra money toward your debt relief plan. When you’re already in too much debt, the worst thing to do is to acquire the means to take on more, unless you can make a profit from it. Too often, debtors make mistakes and decide that it’s just too hard to pay their debts off, so they go back to their old habits.

Coming up with an effective plan to ‘pay off my debt’ is quite an accomplishment. You’ve recognized that you have a debt problem, and you’ve come up with a plan of how to get out debt. Sticking with your debt relief plan is the hardest thing for many people to do. Get used to the idea that you must earn more money! Because it is the only way out of trouble.

By: Peter Fitzgerald

Debt Settlement And Negotiation

admin — Sat, 10 Apr 2010 04:35:37 +0000

Before you file bankruptcy or start a long debt management plan, consider Debt Settlement. Debt settlement is faster than debt management and saves you money. You can reduce your debt greatly through debt settlement or negotiation. If you’ve experienced any more financial setbacks personally or to your business, and find that you may not be able to meet your financial obligations, you may be able to get the debt relief that you need. Negotiating your debt is a safer, faster, and cheaper alternative to filing bankruptcy. Many financial institutions will work with you to settle outstanding debts for less than what is owed if you can produce evidence of a legitimate financial hardship. If you are deep in debt and currently having a difficult time meeting your financial obligations, its time to take action before bankruptcy is your only financial option. Debt resolution companies can help businesses and individuals resolve their financial problems by negotiating settlements and negotiate plans with creditors.

Working with a professional debt management firm will help you relieve the pressure of excessive debt without filing bankruptcy. They can help you get rid of angry debt collectors. A good debt management firm will help you settle debt for less than what is owed. They can also help you resolve lawsuits and disputes related to debt and eliminate the need for expensive and time-consuming litigation.

Another way to get rid of bad credit is through a consumer credit counseling agency. These agencies do not set up long-term monthly payment plans for clients. The businesses and individuals that they assist are usually in the “pre-bankruptcy” category, meaning that a more aggressive debt resolution strategy is needed in order for them to avoid bankruptcy. Therefore, their objective is to negotiate settlements with their client’s creditors using the limited amount of cash funds that our client has available. If you have some but not all of the money owed and your deadlines are approaching, consumer credit counseling might be better for you.

Whether you are working on your or business credit, it is imperative that you are fully committed. You must decide that resolving your present financial situation is your top priority, and that you are absolutely committed to solving your financial problem while you still have the opportunity to do so.

With every day that passes, you are sinking further and further into a financial hole that you may never get out of. Avoiding your creditors will not solve your financial problems. If you are ready to move forward and find out how to solve your present financial predicament without filing bankruptcy, you need to contact a debt negotiation and/or settlement firms and talk with them about your situation as soon as possible to determine what options may still be available to you.

If your business that has already claimed bankruptcy or are just starting a company and want to get off to a good start, there is another solution called an Aged Shelf Corporation, or just Shelf Corporation. An aged shelf corporation is a corporation that has had no activity. It was created and put on the “shelf” to age. This corporation is then later usually sold to someone who would prefer to have an aged corporation rather than a new one.

There are several reasons a person might want to purchase an Aged Shelf Company. A company with a history is more likely to be selected as a business partner and have more credibility with clients. Some government contracts are only available to companies that have been in operation for a certain number of years. The older your company is, the higher your standings will be in the business community. More importantly, a good Aged Shelf Corporation will have pre-established commercial credit and will help you get a fresh start.

By: Michael Cook

Credit Card Charge-Off – What Does It Mean and What Should You Do About It?

admin — Mon, 29 Mar 2010 23:53:42 +0000

Have you been told by a creditor that your debt is about to “charge-off”? Did the bill collector make it sound like you will be ruined financially if you allow this catastrophe to happen? If you’re behind on your bills, unable to keep up with payments on your credit cards and other debts, sooner or later you will hear a creditor representative threaten you with the dreaded “charge-off.” So what is a charge-off anyway? Should you be worried? What are the consequences of this mysterious event?

I’ll start by explaining what a charge-off is NOT. Because the term includes the word “charge,” many people mistakenly think it has to do with cancellation of the account by the creditor. In other words, you can’t “charge” anything on your credit card anymore. But it’s not the same thing at all, and most banks will revoke charging privileges around 2-3 months before the deadline we’re talking about here.

What banks and bill collectors call a “charge-off” is the point at which the creditor writes off the account balance as a “bad debt.” It usually happens after six months of non-payment. After that, they no longer count it on their books as an asset. You still owe the money, of course. And they will certainly make continued attempts to collect it from you. But the creditor has been forced by the rules of accounting to zero out the debt on their financial ledgers. For causing this loss, they will punish you by placing a derogatory mark on your credit report. A “charge-off” is a serious negative mark, to be sure, but it is not the financial ruination that debt collectors would like to have you believe it is.

Should charge-offs be avoided if possible? Certainly. Does the prospect of a charge-off mean you should panic if you have no way to pay the bill? No! Is it the end of the world if the account has already charged off? No! Too often, bill collectors make a charge-off sound so bad, and they apply so much pressure, that people cave in and make payment commitments they cannot keep. Collectors usually demand payment via post-dated checks, and this frequently leads to bounced checks and even worse financial problems. Most of us are brainwashed by the banks and media on the subject of credit. Sure, good credit is important. But committing to payments you really can’t afford just to preserve your credit is like watering the lawn while your house is burning down.

Here are a few simple rules to follow when trying to avoid a charge-off that hasn’t happened yet:

* Don’t be intimidated or threatened by pre-charge-off collection tactics. Keep a cool head and don’t take it personally when collectors try to get under your skin.

* Call your creditor to find out the minimum payment necessary to avoid the charge-off, and subsequent payments to keep the account current going forward. Don’t commit to this payment (or series of payments) unless you’re sure you can follow through.

* Negotiate a lump-sum settlement at 50% or less if you have the resources, or a workout plan for monthly payments that you can live with.

* Do not allow bill collectors to talk you into using post-dated checks, or providing your checking account details over the telephone. Instead, make payments via cashier’s check or money order.

* Do not make payments based on a verbal arrangement. Get the deal in writing and signed by a creditor representative who has authority to approve the workout plan.

What should you do if you simply don’t have the money to rescue the account from charge-off, or if the account has already been charged off by the creditor?

* Take a deep breath and relax; the sky won’t fall on your head just because you had a charge-off.

* Realize that you still have an opportunity to resolve the matter by dealing with the original creditor or the collection agency assigned to the account.

* Negotiate a lump-sum settlement with the creditor or collection agency. Again, aim for 50% or less, and ask for the charge-off to be deleted from your credit report as a condition of the settlement. (Most creditors will not agree to this, but it’s worth asking anyway. Do be sure that they will update your credit report to show that the matter has been resolved and the account has been satisfied.)

* If you can’t work out a deal with the collection agency assigned to your account, then wait until it goes to another agency! Eventually, it will either be assigned or sold to an outfit that you can deal with to get the matter cleared up.

To sum up, a charge-off is not the end of the world. It should certainly be avoided if possible, but not at the risk of making things worse by committing to payments you’re not sure you can keep up with. Just remember that the creditor doesn’t want to see a charge-off any more than you do, so use that knowledge to your advantage in working out a mutually acceptable arrangement. Get everything in writing, don’t disclose your checking account details, and follow up to make sure the creditor reports the matter correctly on your credit report. You’ll find that it’s easier than you think to resolve a charge-off situation before it happens, or clean it up if it’s already taken place.

By: Charles Phelan

Debt Collector Negotiation Tips – Settle for Less

admin — Wed, 17 Mar 2010 17:16:31 +0000

If you are in debt you probably know the stress of having to deal with debt collectors. The stress of debt can creep into every aspect of your life and cause you many other problems other than financial ones. Many people just avoid talking to debt collectors, although constantly screening phone calls and trying to avoid them is just as stressful as dealing with them directly. Avoiding the problem won’t make it go away and unpaid debt will only continue to grow and ruin your credit. If you are ready to do something about your debt there are ways to negotiate with debt collectors so that you can pay off your debt and stay within your budget, all while saving your credit reputation and avoiding bankruptcy.

One of the reasons people dread talking to debt collectors is because they ask many questions which can potentially be used against you if you give the wrong answers. It is important that you know how to answer debt collectors’ questions and that you know what to say so that you can negotiate payments and terms. If you are unsure what to say or do, it is best to say nothing until you have had a chance to think the situation over.

The first thing to remember when talking to a debt collector is that you should never share financial information. You do not have to give them this information, only the company you owe money too should have access to personal information if you pay it. You also do not have to answer any questions you do not feel comfortable answering, so if you are not sure what to say just decline to answer.

You should also ask the debt collector to send you all the debt information on what you owe in writing as an itemized list including the original debt, interest, and collection charges. This information should be the starting point for your negotiation and will tell you exactly what you owe and if it is accurate. If the debt is not accurate or it is in error, make sure you dispute it as soon as you realize the mistake. Ignoring it because it is wrong or in error will not make the situation go away or resolve the debt. Disputing the debt is the only way to clear it up if you do not owe what you are being charged with. It is best to contact the debt collector with your dispute no more than 30 days from the time they contact you.

Even though debt can be very serious and stressful, you still have rights and debt collectors cannot harass or threaten you. If you find that a debt collector is abusive or threatening, you should notify the proper authorities as these actions are illegal. Make sure you keep a record of all such transactions.

When you go to negotiate, remember that debt collectors are in the business of getting paid and will usually be willing to work out a payment plan with you. If you make it clear that you can only afford so much in payments per month, they will usually work something out with you rather than leave the debt unsettled.

If you are not comfortable enough or you are having trouble negotiating your debts on your own, there are companies out there that do this. This can be a great solution for many people because most of the time the company you work with can negotiate a better deal than most individuals would be able to. These companies have done it time and time again and they don’t have the emotional attachment to the debt like you would. If you are interested it finding out what one of these companies can do for you, please fill out the form HERE and receive a free debt consultation and get your options and get connected with the appropriate people to help with your collections. Know, that after your initial consultation and you get your options and likely outcomes, you have no obligation to go with the company you have every right to go about the negotiations on your own.

By: Manny Vetti

Credit Card Debt Negotiation Tips

admin — Sat, 27 Feb 2010 03:04:18 +0000

One thing many people don’t understand is that they have the advantage. Most consumers run from debt collectors. Just the mention of a collection agency strikes fear in the hearts of the masses.

But, you have something the collector wants. They are basically begging you to pay. So if you get the image of a beggar calling you to ask for money in your mind, the collection agent doesn’t seem so intimidating. I certainly don’t want to down play the seriousness of the situation. They do have recourse, and it can be dire. But the fact is that the process is slow.

You can get them to give you the deal you want. You have to be firm, professional and show some fortitude. They are always going to tell you no. Relax, take a deep breath.

I really want to encourage you to NEVER talk to a collector on the telephone. First, most people can collect their thoughts a little better in a letter. It gives you time to think and make rational, unemotional, unpressured decisions. Second, everything you do with the collection agency needs to be written. If you use the mail everything is documented and date stamped. They can’t dispute it.

Most collection agencies pay literally a few cents on the dollar for old debt. Depending on the age, 1-7 cents may be average. On debts that are out of statute, they have paid one cent or less on the dollar.

Start your negotiation at 25% or less. If you owe $1000, offer $200 or $250. Many will accept quickly because they are making money can close out the account.

If the collection agency has added “fees”, don’t include them in the negotiated amount. Only negotiate on the original amount of the debt. Don’t seem to eager. Don’t volunteer any information. Never give them your bank account number, your employer or that inevitable “other number to contact you at”. Oh yeah, and why are you talking to them on the phone?

Time is on your side. Be firm, and get the deal you want.

By: Ted Batron

What Happens When You Are Sued Over Old Credit Card Debt?

admin — Sat, 16 Jan 2010 19:49:35 +0000

Have you received a summons for breach of contract on an old credit card debt? Or, do you have collectors calling you daily and threatening to bring legal action? For many “junk debt collectors” bringing about lawsuits over old credit card debt (that has likely been charged off, leading you to believe that you are “untouchable”) has become big business.

If you are like the majority of American’s out there who are being hounded by creditors you likely ignore their calls and letters thinking they will eventually go away. Wrong. The new breed of junk debt buyers will SERVE YOU WITH A COMPLAINT SUMMONS!

What’s a junk debt buyer?

There are many, many of these companies and they all go by different names and aliases. Companies can buy charged off debt from your original lender for pennies on the dollar. It’s not uncommon for these debts to be bought & sold over, and over, and over again.

What does this mean?

Well, say you had an old credit card from 1999 that you defaulted on and eventually stopped paying. The original creditor (OC) charges off the debt, closes their books and sells YOUR debt to a third-party junk debt buyer (JDB). The JDB pays pennies on the dollar for your debt.

If you agree to settle for even half of the debt (if you are going to pay a collector, always negotiate down the debt, they’ll often settle for 70% of the original amount because they are still making HUGE profits!) the JDB is still making an obscene profit off of YOU.

However…there is GOOD NEWS if you have one or more of these JDB’s after you. They are banking on the fact that the majority (some estimate it to be as high as 97%) of Americans who are sued over old credit card debt do not show up for their hearing date and do not try to fight the lawsuit in any way. Even if you do owe the debt, this is the worse thing you can do!

Here’s the scoop….

If a creditor has determined that you are a good prospect for paying on your debt and you have failed to respond to their demands for payment you will then be moved to their “legal department”.

Many of these junk debt buyers or collection agencies have retained law firms that are basically collection agencies masquerading as law firms. They usually have one legitimate lawyer working for them and the rest of the employees are just plain old collection agents. All these JDB’s have to do is file a Complaint (typically for Breach of Contract) with the civil or district court in the county where you reside. They will pay a nominal fee and a process server to deliver the Summons to you in person.

YOU CAN BE SERVED AT YOUR WORKPLACE OR HOME!

You generally only have (20) days to respond to the Summons with an Answer, which is a document that must be filed in person at the courthouse by YOU and a copy sent Certified Mail, Return Receipt to the attorney representing the creditor.

If you DO NOT RESPOND WITH AN ANSWER WITHIN 20 DAYS (OF THE DATE YOU WERE SERVED) a DEFAULT JUDGEMENT is entered against you AND this gives the collector the GREEN LIGHT to FREEZE YOUR BANK ACCOUNT AND GARNISH YOUR WAGES!

Note: Often the “collection attorneys” are junk debt buyers themselves and actually own the debt.

Most Breach of Contract lawsuits are filed in civil court, NOT small claims. The creditors are smart and know that in the civil courts YOU must be represented by a lawyer or you can represent yourself buy must follow standard rules and procedures of the court. This is called being a “Pro Se” litigant.

A “Pro Se” litigant must file proper legal pleadings and represent themselves just as a lawyer would. It’s really quite simple but you can understand why this scares off so many litigants and why civil judges often spend one or two afternoons a week going through complaints and granting default judgements because VERY FEW defendants know how to/nor have the time to figure out how to respond within the (20) day time-frame.

If a DEFAULT JUDGEMENT is entered (which happens over 90% in these cases because people don’t have the time and knowledge to fight back!) your creditor AUTOMATICALLY WINS THE LAWSUIT!

The creditor doesn’t even have to show up to court and OFTEN DO NOT! YOUR FAILURE TO RESPOND WITH AN ANSWER AUTOMATICALLY GRANTS THE JUDGEMENT TO THE PLAINTIFF (THE CREDITOR)!

Over 90% of credit card debt lawsuits end in default judgement because the defendant does not appear and/or does not respond with an Answer. This is a GOLDMINE for the creditors!

They expect you NOT TO FIGHT BACK and are literally banking on the fact that over 90% of debtors roll over and accept the judgement. Oftentimes the amounts these companies are suing over have been ridiculously inflated and they have NO RECORDS to back up their claims, additionally they are NOTORIOUS for violating the Fair Debt Collection Practices Act and for trying to collect on out-of-statute debts. The statute-of-limitations on debt collection can range from 3 years to 10 dependant on your state’s regulations. You can easily Google the SOL for your state.

If you respond with an proper “ANSWER” within the required time-frame (generally 20 days) your chances of their DROPPING THE LAWSUIT are VERY GOOD! They don’t want to actually fight you in court, that costs them time & money. AND, they OFTEN don’t have any kind of records to substantiate their claims.

When the JDB’s purchase debts they receive minimal information. In many cases, the actual credit card contract you signed (and statements) is unavailable as the original creditors closed the books on your account years ago. Additionally, YOU never signed any kind of contract with the collection agency…..this is another defense that you can raise.

If you’re still hesitant to fight back, consider this:

They’ll be monitoring your credit report electronically….any purchases or even requests for credit will raise a red flag. They will know if you’ve bought a new car, house, boat, or anything of value that they can put a lien against.

YOU NEED TO AVOID A DEFAULT JUDGMENT AT ALL COSTS! IT WILL RUIN YOUR CREDIT FOR A MINIMUM OF 7-10 YEARS!

The Good News -

I was served with a summons for breach of contract in May of 2007. I immediately began RESEARCHING….AND RESEARCHING……AND RESEARCHING.

I’m a middle-class person who ran up some debt in my early twenties. I made sporadic payments not realizing the detrimental effect that it was having on my credit report. All told I believe I actually charged about $1,000 on a VISA card. My account was turned over to various collectors where I would make one or two large payments and then I wouldn’t hear anything….and then another one of these collectors would crop up. I eventually stopped paying. The sporadic payments I was making weren’t even making a dent as they just kept adding charges onto my balance.

With all the late fees, over limit fees, and interest charges I felt like I had probably paid them well over what I originally owed and at the time I just couldn’t keep up. They pretty much dropped off the face of the earth for many years and I forgot about it. I got married, bought a house (with a terribly high interest rate), car, had kids, etc……and then last May some beater car pulls up to my house and delivers me a Summons while I’m outside watching my daughter ride her bike. It was very unsettling. I was being sued for $5,000 plus legal fees and I had 20 days to respond with an ANSWER. The wording was such that I could tell the “collection attorney” expected me to just accept the judgment.

So, I began my RESEARCHING, it’s not easy, but SO worth it. I began researching at the law library, poring over legal message boards, NOLO law books, and credit repair blogs and websites. I spoke with an extremely helpful court clerk who gave me the real dirt on how these companies operate and I was fortunate enough to consult with a consumer affairs lawyer.

All of my work paid off and my creditor dropped their lawsuit.

Regardless of your exact situation, the first step is to FILE AN ANSWER. Your creditor will either drop the lawsuit or you will be granted a court date. In all likelyhood, the creditor won’t show up for the court-date (granting you automatic dismissal) and if they do, you’ll be in a better position to negotiate a settlement or payment plan with them.

Utilize the internet, there are many, many folks in the same boat as yourself. There are many helpful message boards which are a good place to start.

Try to remember that even though the debt is yours, you have every right to have their claims against you substantiated. These companies are making a tremendous profit off of hard working Americans and you owe it to yourself and your financial future to face the music and fight your lawsuit as best you can.

By: Jay M Johnson