Have You Been Served by a Junk Debt Buyer or Collection Agency?
It’s a Scare Tactic for you to settle with them or simply ignore the summons so they come after you legally with a judgment. Not to mention destroy your credit for the next 10 years!
You need to Answer the Summons before they get a Default Judgment Against you and can legally Freeze your Bank Account and Garnish your Wages.
Do not Assume that just because they are suing you that they can prove they own the debt.
Junk Debt Buyers (Collection Agencies) all have one thing in common they are looking for a Default Judgment against you OR they want you to freak out because you’ve been served and rush without thinking and settle the debt.
They buy your old debt from your original creditor for pennies on the dollar. They then tack on interest, attorney fees, late fees and so much more thousands of dollars worth more and sue you for that
inflated amount.
They assume that you are stupid and will just call them and settle, or simply ignore the summons and that will give them the WIN. A default judgment.
With a judgment in hand they will freeze your bank account and get an order to have you come to court for a Garnishment Hearing. They may even bring you to court to ask you which bank you have your account through.
So my question to you is this:
If you don’t answer your summons you are going to end up in court anyways for a Garnishment Hearing or for them to find out where you bank, so why wouldn’t you just answer your summons???????
Are you considering settling with these idiots?
That is the first mistake people make, they say oh crap I’m being sued I better hurry up and call them and settle this debt.
They are either hoping you call and settle or you just don’t show up. Either way they win.
You need to realize that the older the debt, the harder to prove. If this is old credit card debt the chances of these idiots having any proof what so ever are slim to none.
A junk debt buyer suing you is like making a house of cards in the middle of a wind storm. They will lose, but only if you fight back.
Most of these lawsuits are dropped once they see you are fighting them back. Again, they are looking for the easy way out the default judgment. You will piss them off if you fight back and most don’t want to spend the time nor money fighting it.
People who are thinking that they should settle the debt,
need to think twice.
If These idiots are sitting there with no proof what so ever, are you actually considering settling with them? You have rights. Don’t forget to use them.
What proof have they given you that they can legally collect that money from you?
Have they proven to you that they own the debt?
Do you know for sure that if you are being sued by the Original Creditor that it’s just not the Junk Debt Buyer USING the Original
Creditor’s NAME as the Plaintiff? Watch your back these guys are slime. They do that you know, they use the Original Creditor’s name
as the Plaintiff when it really is THEM suing you.
How do you know once you settle up with them, another collection agency won’t sue you for the same debt?
They don’t care. Then you’ll have to go to court again to prove you paid it the first time. You need to protect yourself from future lawsuits of the same debt!
You need to take a deep breath and think about
this:
-
Almost all Junk Debt Buyers do not have any
proof. -
Almost all Junk Debt Buyer do not have the
original contract. -
Almost all Junk Debt Buyers do not have the
Assignment. -
Because almost all junk debt buyers do not have the original contract, credit card statements or the customer agreement for that matter they will submit into evidence an Affidavit of Debt which is garbage and can get thrown out of court in a heartbeat. Did you know that? Their affidavit isn’t worth the paper it is written on! -
Almost all Junk Debt Buyers do not have any proof what so ever to prove in a Court of Law that they can legally sue you, that
they do own that debt.
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Now Are you going
Answer Your Summons and Fight them Back?
What if you settled with them let’s say for $5000.00 and
later learned these idiots didn’t have any proof?
To see what they’ve got on you, and to not get a Default Judgment against you, Answer Your Summons! Especially if there was no evidence submitted with their complaint. That is a big giveaway that they don’t have anything to support their suit. If you received just a complaint with nothing else that’s probably all they have and they
figure you’ll just fold when you see the Summons and Default.
I was sued for over $8,000.00 from LVNV Funding LLC.
I was just like you, served with a summons and didn’t know what to do. I researched countless hours and finally beat
them! I have put a package together based on my research and put all of these samples together. I am not an attorney nor am
I giving legal advice I am providing information. All courts have different rules of procedure. Follow your court rules always.
This package is for informational purposes only.
My Case was dismissed! (see proof bottom)
Once you file your answer your case will either continue, court date set without them showing up, or they most likely will drop it then and
there, because they don’t have the money nor the time to fight back.
If the case continues you will have all the AMMO you need to fight them back.
AFFIDAVIT OF DEBT
For all of you who have been served by a Collection Agency and only an Affidavit of Debt was attached you will have the upper hand here to Motion the Court to Strike the Affidavit from the record AND once this Affidavit is stricken from the record they will not have any
evidence what so ever. Affidavits are given generally when a Junk Debt Buyer has no other evidence to support their claim.
If this is stricken from the record, no evidence, no claim, Case Dismissed.
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Save hundreds of hours of research and see my own research that I used to have my case dismissed. My case was dismissed for Failure
to State a Claim Upon Which Relief Can Be Granted. Which means they had no LEGAL case against me. That they had nothing there in
order to sue me so it was thrown out.
Here are the Samples You Will Receive:
1.
Notice of Appearance. This let’s the court know that you are appearing and actively participating in this lawsuit. It also gives you the right to receive each and every document, motion, and order that the court and the plaintiff file so that you are not left in the dark and know exactly what is going on with your case. This basically ticks
off the Collection Attorney because now he knows you mean business. I filed this when I filed my Answer with the court.
2. Answer to the Summons: When you answer the Plaintiff’s Complaint you must either affirm or deny each paragraph. I have
listed 6 responses I used for each of the Plaintiff’s Counts against me. What you will do is read your summons and pick and choose from the responses that are provided. All of these responses to the Plaintiff’s
complaint have to do with Credit Card Lawsuits so you will find something for each one.
3. 12 Affirmative Defenses- When you answer the complaint you MUST list Affirmative Defenses. These are necessary when you file your answer with the court. If you do not list any Affirmative Defenses you waive them and can lose. They must be listed. Let’s say you found something wrong with the case down the line and didn’t list them in your Affirmative Defenses, most courts will not
allow your new findings because you did not list them in your Affirmative Defenses. These Affirmative Defenses are a MUST HAVE
in any Credit Card Lawsuit! These defenses protect you.
4. Certificate of Service- Everyone must use a Certificate of Service. This is basically a statement at the bottom of all your pleadings and motions that states that copies of what you are filing with the court have been mailed to the Plaintiff. Most do not know but this needs to be included. The Plaintiff must receive every single piece of paper you have filed with the court. The Plaintiff must also do the same for you.
5. Motion to Strike Affidavit of Debt - If you received an Affidavit of Debt with your complaint this alone, if uncontested is enough for them to get a Default Judgment Against you. If you have not received an Affidavit of Debt with your Complaint EXPECT ONE TO SHOW UP This Motion to Strike is the ultimate weapon to destroy any Junk Debt Buyer’s Case! I have prepared a Sample Motion to Strike Affidavit of Debt and have listed 8 Legal Reasons why the Junk Debt Buyer’s Affidavit should be stricken from the Record. (Without this
affidavit allowed by the court basically screws their entire case. Most do not have the original contract or credit card statements and use Affidavits of Debt to get by your Trial Rule).
5. Sworn Denial- I have written up a Sample Sworn Denial that is a POWERFUL TOOL to get the Affidavit eliminated! Once the Affidavit
is eliminated, the lawyer will be forced to bring in a Live Witness to testify, which costs money and they don’t want to spend any
money. Most just drop the case then and there.
If your case makes it to Discovery which is unlikely but just in case I have thrown in:
6. Response to Interrogatories- Responses I used for my own Interrogatories. Watch out for TRICK QUESTIONS you need these! They will ask almost the same question in a few Interrogatories hoping you screw it up! I have listed my Responses which you can use to
answer the Plaintiff’s Interrogatories. Again, all of these responses are based on a Credit Card Lawsuit so they can help tremendously. Pick and choose which ones best fit your Rogs.
*Responses include answers to questions about bank account information, social security number, identify any payments made to
original creditor, identify any payments made to Plaintiff, last check number written out to plaintiff or original creditor, payments
made to account number xxxxxx, asking you if the amount sue upon is correct, settlements made to account, witnesses to be called to
trial, factual basis of each defense, exhibits used at trial.
7. Response to Admissions- Responses I used for my own Admissions. Keep in mind that most courts do not allow you to just put “lack of information” it needs to be worded correctly! So many people screw this up and just put “lack of information” and the
Plaintiff gets these deemed admitted to the court because you worded it wrong!!!! I have included a response to use when the Plaintiff sends you Requests to Admit Facts. Yes, one response with 26 words will allow you to answer Admissions such as:
please admit you applied to the original creditor for so and so credit card, admit you made charges on the credit card, admit you agreed
to the terms and conditions when you used the card, admit you are indebted to the Plaintiff for $xxxxx.xx, admit you made payments, admit you owe the balance, admit this is the correct balance.
8. Response For Production of Documents- Responses I used for my own Answer for Production of Documents. All Requests have to do with a Credit Card Lawsuit. Pick the ones you need. Answers for
Requests for Documents include:
providing copies of all payments, copies of settlement letters,
exhibits or evidence you plan on using, credit card statements…
9. REQUEST FOR DOCUMENTS TO THE PLAINTIFF- I will give you
all the Documents that I requested to LVNV Funding per my lawsuit. There are 21 of them. I say the More Documents requested the more
work they have to do, and the more you tick them off!
10.REQUEST TO ADMIT FACTS TO THE PLAINTIFF- I will
provide you with the Admissions I requested LVNV Funding to Admit. There are 21 in all for you to sample.
11.INTERROGATORIES SUBMITTED TO THE PLAINTIFF- I will provide you with all the Interrogatories I requested to LVNV Funding per my lawsuit. There are 23 listed for you to sample.
12.Included with the Request for Documents, Request to Admit Facts and Interrogatories I have listed all the Instructions,
Definitions, Claims of Privilege and Lost or Destroyed information that comes before you submit your requests to the plaintiff for you
to sample.
All of the above information and samples all Pertain to a Credit Card Debt Lawsuit and what I used to get it dismissed. If you have been
sued by a Junk Debt Buyer, using my samples and information contained in all of the above can help you as well!
DON’T RISK YOUR BANK
ACCOUNT GETTING FROZEN NOR WAGE GARNISHMENT!
DON’T
LET THEM GET A DEFAULT JUDGMENT! ANSWER YOUR
SUMMONS NOW!
If you
can afford an attorney please do so.
Attorney’s
can charge up to $250 for a consultation, and
thousands more to defend. Most Attorneys are
looking for FDCPA Violations & if they don’t
find any they tell you to settle…..but you
know better now don’t you?
The cost of
this package is a fraction of what an
attorney charges, and if you cannot afford an
attorney this might help you. I know all of
this helped me get my case dismissed!
GET YOUR PACKAGE
INSTANTLY!
Legal Disclaimer: I am not
an attorney nor am I giving out any legal
advice or claiming to be an attorney. All of
the information in this package is based on
what I learned while getting my own credit
card debt lawsuit dismissed. All pleadings
and motions are for sample purposes only.
Always check your Local Court Rules to make
sure that you are using the correct format
when filing any papers with your court. This site provides information about the law designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
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