Although not proud I must admit to you all that I was sued by Capital One, LVNV Funding for an old Providian Credit Card, Red Rock Lake Financial for an old Providian Credit Card.

When you are sued for credit card debt depending on if it is the original creditor or a collection agency it really does make a difference. For instance, if you are being sued by an original creditor chances are they will have all the documents on file to prevail in court but they could easily slip up and break some court rules along the way giving you a win. Collection Agencies on the other hand really never have any documents to prevail in court.

Other things that matter when being sued for a credit card is how old the debt is. It could be beyond your Statute of Limitations. The older the debt the harder it is to prove.

Alot of Collection Lawyers think that just by giving you a Summons that they are going to win because they will assume you won’t hire a lawyer or fight the credit card lawsuit at all so they’ll win a default judgment. Please tell me you aren’t this stupid. You might as well write them out a check now if you are thinking about ignoring that Summons, that would be the biggest mistake you’ll ever make.

One of the many reasons I made this website is to inform consumers on how easy it is to win your credit card suit. Even though Capital One was the Original Creditor in my lawsuit I still defeated them. How? Because I became informed and learned my Court Rules and followed them. Capital One on the other hand did NOT follow them therefore bit the dust.

There is a ton of information on this website that can help you become informed about your own lawsuit not to mention the Defendant’s Package that is offered on this website than can help you WIN your lawsuit.

So many people just ignore their Summons and that my friend will land you in deep trouble. They could get a default judgment against you win all the money, garnish your wages and garnish your bank account, put a Lien on your house and do so much more damage not to mention embarrass the hell out of you. With a judgment in hand these guys won’t stop and if you think that just because you have no assets now that they can’t touch you just watch when the judgment is about to expire they will get it re-newed for another 10 years and continue to come after you. YES, they are this nasty.

In order to get out of this mess you either need to hire a lawyer or defend the lawsuit yourself and as I have said hundreds of times over it is EASIER than you think it is.

WHEN FILING A MOTION TO DISMISS CASE FOR FAILURE TO COMPLY WITH A COURT RULE: This is what this post is about the Plaintiff not complying with a Court Rule:

I find it really funny looking around the internet at people writing articles or coming up with affiliate websites ranting and raving about dealing with Collection Lawsuits and they have no idea what they are talking about and what they throw out there can really be damaging to ones case.

When filing a Motion to Dismiss against a Collection Agency in regards to them not complying with a Court Rule:

People who do not know what they are talking about are the ones who will say ” MAKE SURE YOU PUT WITH PREJUDICE IN YOUR MOTION AND NOT PREJUDICE BECAUSE THEN THEY CAN’T SUE YOU AGAIN”.

Ok let’s get something straight if you are filing your very first Motion to Dismiss against a Collection Agency for failure to comply with a court rule and you put Wherefore, the Defendant, prays blah blah blah and that this Complaint be dismissed with prejudice and you really expect the judge to just sign that off Grant it with Prejudice you need to wake up.

Here you are telling the judge that the Plaintiff failed to comply with so and so court rule and you want it dismissed with prejudice, but if you really knew what you were doing you would keep digging into your own court rules and read them because almost every state allows the Plaintiff 30 days to Amend their Original Complaint to Comply with the Rule you said they did not comply with and the Motion you sent off to the Judge will be Dismissed without Prejudice because of that fact regardless giving the Plaintiff 30 days to Amend REGARDLESS.

The Judge will look at this and go OK the Plaintiff failed to attach the Contract so now I’ll give him 30 days to do so. Which means AMEND so NO you won’t get a Dismissal with Prejudice.

And if you just get a Dismissal without Prejudice in the mail and you don’t see anything about the judge giving the Plaintiff time to Amend that is a given. 

Without prejudice means that they can re-sue you for the same Debt. All they need to do is Amend their Complaint to comply and the Lawsuit is back on. With Prejudice means it is OVER they can never sue you again for that debt. They screwed up and lost. It’s O.V.E.R.

So read your Court Rules and learn how to ask for the proper Dismissal.

A little hint would be asking for the Court to Order the Plaintiff to Comply with that Court Rule by Amending their Complaint within 30 days and for Dismissal WITH Prejudice for Failure to do so.  Because now not only are you giving the Plaintiff those 30 days to comply(what they are entitled too anyways) you are also requesting that if they don’t comply that the court dismiss the case with prejudice.  Now you’ve given them one hell of a punch and are basically forcing them to comply and if they can’t SEE YOU LATER.  If the judge grants that and they fail to comply well ba’ bye they are D.O.N.E.

You could also ask for a Dismissal without Prejudice and get it but again they can RE-SUE you by Amending so why not ask for a Dismissal with Prejudice if they don’t Amend????

Something to consider………………

Remember how you word things to the Judge really does matter. You need to make yourself clear on what it is you are requesting from the court.

Most banks will charge off your account after you have not made a payment after 180 days.

Check your credit report and you will see Charge OFF.

If you are lucky the bank that you opened the credit card with won’t send your account to their in-house collections department.  If you have not been sued by the bank within 2 years of your last payment well consider yourself lucky to an extent.  The bank will then in turn put your account along with hundreds of others into a Debt Portfolio and sell that off to a 3rd Party Collection Agency which is better known as the Dreaded Junk Debt Buyer.

Another year or so may go by maybe even more and all of a sudden you start to get phone calls and collection notices in the mail from the Junk Debt Buyer you bought your account from the bank that you refused to pay and that is where it just begins…..

Some people will choose to send a Debt Validation Letter in which they are suprised to find out that not only was it answered but a Summons came along right with it.

Other people will ignore the Collection Letters and Phone Calls and receive a Summons within a month of that Collection Agency snooping around your Credit Report.

What I’m getting at is regardless of what you do these guys want your money. They have only paid pennies on the dollar for your account and want to cash in the thousands of dollars they are going to make off of your lawsuit.

You will see the Amount you owe them plus interest and even Attorney Fees tacked on.. if the Debt is time barred they don’t care they want their money.

Junk Debt Buyers are connected to Collection Attorneys in almost every single State in the U.S.A. so it doesn’t matter where you live they will find someone to sue you.

Now if you ask me I’d rather be sued by a Junk Debt Buyer over Old Credit Card Debt than be sued by an Original Creditor for almost new Credit Card Debt because the older the Credit Card Debt is the harder it is to prove in a court of law.  Junk Debt Buyers will have a really hard time trying to come up with all the documents to win in court so 95% shoot for a Default Judgment.

If you are being sued for Old Credit Card Debt and it is within the Statute of Limitations to collect this should be an open and shut case for you if you know what you are doing. Chances are that these Junk Debt Buyers will not have any credit card statements, contract, cardholders agreement, and will simply rely on a crappy Affidavit signed by one of their employees which most likely won’t fly in court.

If your Old Credit Card Debt is time barred and you are 100% sure of that start digging for proof. Try and find the last check you made out to the Original Creditor, if you made payments online check your old Bank Statements those payments will show up on your statements, check your credit report and see what date is listed on there as your last payment.  You can also use the Statute of Limitations as an Affirmative Defense and get your answers through the Discovery Phase of your lawsuit.

I get alot of emails and posts from people who ask me how I won my credit card lawsuits.

You all have to keep in mind that I was just like you Pro se and had no idea what I was doing and had to figure it all out by myself.

The first thing I learned is to take a look at the Summons to make sure how long I had to answer it and if they served me correctly etc,. I had a whole 20 days to figure it out because that’s when my Answer was due back at the court.

I was never sent any Collection Notices via mail so I didn’t expect any of the lawsuits that I was Summoned for.

I then proceeded to look at the complaint and pick at every little thing that I possibly could to see where they went wrong. So I started by checking the Plaintiff’s name investigated that to make sure they were the Real Party in Interest, I worked my way down each paragraph to see what their counts were against me and everything basically reflected on the Credit Card Agreement, everything said PER the Credit Card Contract/Agreement and yet they failed to attach such an agreement that they were claiming. My court rules require the contract/agreement attached so I worked my way from there.

By pulling up my Local Court Rules I read them over and over and over again until I figured them all out and that is where the fun began.

Junk Debt Buyers sue you hoping you cannot afford a lawyer because a lawyer would figure out just how flawed the lawsuit is within minutes of reading it.

Lawyers charge a pretty penny to help Consumers being sued by Junk Debt Buyers, that is why I don’t understand how people can yell out HEY GET A LAWYER I wanted to yell back HEY PAY FOR IT. Most Consumer Advocate Attorneys are looking for a Counter LawSuit so that they can make money of course. If they review your lawsuit with a free consult and see that they won’t make any money they will usually turn you away or charge you $350-$1000 just to Answer the Darn thing for you.

I am glad that I figured it out myself so that I didn’t have to pay any attorneys for such an easy thing to do.

Winning your credit card lawsuit is simple because like I have said they probably have already messed up and you are not even aware of it yet and they hope you don’t figure it out.

A company cannot just sue you and state per the terms of the agreement, that you breached an agreement or that you owe money per the terms of the agreement and not have a copy of that agreement. And that copy better have a copyright date for the year(s) you had open on the account NOT one day before nor one day later or that agreement is invalid.

Without confusing you any more because so many people asked how I won all my credit card lawsuits I have developed a Package to help all of you which can be found by CLICKING HERE

Good Luck to all of you and if you know what you are doing I’m sure you’ll wipe the floor with them!

Take a look at your Summons and your Complaint.

Your Summons contains all the answers needed as far as how long you have to Answer your Summons or the Court Date to Appear.

The Complaint will show you The Plaintiff’s Name and the Defendant’s Name.

The Plaintiff will be the Junk Debt Buyer or Collection Agency or maybe even the Original Creditor and the Defendant will have your Name listed.

For Example:

LVNV FUNDING LLC
(PLAINTIFF)

V.

JOHN DOE
(DEFENDANT)

The Plaintiff is the one who has filed a lawsuit against you and is seeking damages. Those damages will be Money Damages and will be listed on your Complaint.

Check the very last paragraph of your complaint it will start off with WHEREFORE,….. and within that paragraph will state the amount of Money Damages the Plaintiff is wanting you to pay up in a Court of Law.

The Plaintiff has sued you because you have either failed to answer your Collection Calls, Failed to Answer their Collection Letters including not sending a Debt Validation Letter & now is using the Court System to Prevail.

Funny thing is though when it comes down to fighting junk debt buyers if you know what you are doing 90% of you out there could win and that is why this site was made.
Look around and you will find lots of good things here to help you win your lawsuit.

When a collection agency or junk debt buyer files a lawsuit in your County and has you served with a Summons you are now the Defendant in a Credit Card Lawsuit.

On the Summons will list the amount of days that you have to answer that lawsuit or the summons will tell you on which date to appear for court.

All court systems are different so I honestly cannot tell you how long you have to answer that summons or appear in court. It is as simple as reading the Summons which will contain all of that information.  It is very important to Answer Your Summons within the amount of days that the Court allows in order to avoid a default judgment.

If you have received a Summons from a Junk Debt Buyer or Collection Attorney please go to this link to find out all the help you can get to fight your lawsuit:
The Defendant’s Package

CAN THE CREDITOR PROVE THE CASE?

Source
If the lawsuit actually goes to trial, the plaintiff has the burden of proof, and cannot get a judgment without adequate admissible evidence to prove the debt is owed This will require at least one witness to testify under oath and be subject to cross-examination

Generally, a witness can only testify about matters of his or her personal knowledge – what the witness actually observed – rather than what the witness heard another person say, which is called “hearsay”

An exception to the hearsay rule allows business records to be admitted into evidence in certain circumstances In California, the following criteria must be met in order for a business record to be admitted: (a) The writing was made in the regular course of a business (b) The writing was made at or near the time of the act, condition, or event (c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and (d) The sources of information and method and time of preparation were such as to indicate its trustworthiness.

In some cases, a creditor may have all the billing statements, but may not have any witness who can testify as to how and when those records were made In other cases, a creditor may not have any documentation at all to verify the debt In either of these circumstances, the creditor should lose if the matter goes to trial.

I found this interesting….

Browsing online like I normally do to blog about things to help others I ran into a question asked by a consumer with an answer provided by an Attorney.

The Consumer was telling the attorney that when he asked the Collection Agency for proof of his debt (validation) they sent him photocopies of Credit Card Statements from the Original Creditor. He went on to say that the Collection Agency told him that he needed to pay up the entire amount now plus fees to avoid them submitting these to the court.

The Consumer asked the Attorney if the Photo Copied Statements were enough to prevail.

The Attorney replied with this answer:

When a collection agency/debt buyer does submit a series of monthly statements, either at trial or accompanying a summary judgment motion, those statements must be properly authenticated. The statements can not be the basis for a collector’s summary judgment motion or to make their claim in court if they are unaccompanied by any affidavit swearing to or certifying the records.

As in your case, a debt buyer can not merely file documents received from the original credit card company, even if they are retained in the collection agency’s regular course of business. The records must have been kept in the original creditor’s regular course of business, and an affidavit must authenticate that fact. So therefore, the answer is no.

Source

Sued by Cap One in December of 2008. They attached an Affidavit of Debt but no contract.

Filed a Motion to Dismiss Case for not attaching contract which was granted without prejudice.

Cap One filed a Motion for Extension of Time to Comply (attach contract)

When they supposedly complied they added all Monthly Billing Statements and a Customer Agreement dated from the year 2005.

I did not have an account open with Cap One in 2005 therefore, the Customer Agreement was irrelevent.

I filed a Motion to Strike the Customer Agreement for being irrelevent and Dismiss the Case with Prejudice because they STILL failed to Comply (attach the contract)

Hearing was set, Court gave Cap One 30 days to Amend their Pleadings and then the court would take my Motion to Strike and Dismiss the Case with Prejudice under advisement.

30 days went by and they failed to Comply AGAIN and this case was dismissed with prejudice by the court.

SCARE TACTIC

Before the hearing the attorney brought me in a room and told me that my motion to strike was basically not going to hold and that the 2005 agreement and 2002 agreement were ONE OF THE SAME and that I should settle.

I told him to prove they are one of the same and my Motion to Strike was NOT denied it was taken under advisement.

The attorney knew that he would have to come up with that 2002 agreement and couldn’t do it so it was dismissed.

Moral of the Story: If you are being sued make sure that the Customer Agreement that has been filed by the Plaintiff is the year that you had an account open with the Creditor. And do not take any shit from any Attorneys neither!

This was the sweetest win ever and the easiest.

Red Rock Financial supposedly bought from Providian an Old Credit Card Debt from like 8 years ago or so.

Attached to the complaint was NADA thing. I knew that they were suppose to have the original contract or copy thereof, attached so I filed a Motion To Dismiss without Prejudice and asked the Court to give them their 20 days to amend, and if they didn’t to dismiss the case with Prejudice. That was granted.

About a week later I get in the Mail a Dismissal WITH PREJUDICE from them. YES they voluntarily dismissed the Case.

So like I have said many times before most of these companies do not have any documentation. They see you are fighting them back and it’s not worth it. They’ll move on to the next person & get their default judgment because they were too scared to fight back.

These guys sit there with no proof what so ever and when called out on it they FOLD.