The collection agency has to sue you first and get either a default judgment or a judgment to legally collect. Having a judgment against you allows them to go after your wages and freeze your bank account.

It is quite scary how easy it is for collection agencies to freeze your bank account. They simply send the banks in your area Interrogatories which forces the banks to answer them. Once the RIGHT bank says ‘Yes, John Doe has an account here,’ they freeze it using their judgment.

The best thing to do is fight these guys back. 90% of debt buyers do not have the original contract, legal assignment of debt, or the agreement to even sue you. They think just because you are being sued that will scare you so much that you don’t show up.

Just because they are suing you, don’t automatically assume it’s legal and they have the evidence to pursue it. They want a default judgment which is the easy way out. They don’t want you to fight it because that costs them money, and most lose because again, they don’t have any evidence to prove what you owe.

Consider my case; I was being sued in Indiana. They did not have an Assignment of Debt, contract, or the agreement for that matter. I got the cased dismissed under a 12(B)(6) Failure to state a claim upon which relief can be granted. This means they had no legal claim to pursue me and win in a Court of Law.

If you need further help I highly recommend you go to this website. To learn more on how I got my case dismissed click here.

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  “I love your website. We also file counter claims on banks and collection agencies. What have you found as far as business debt are concerned that is most effective? I read one of your affirmative defenses and counter claims that mentions the straw man. What kind of Straw Man defenses are most effective on creditors? Keep up the good work. We need more people like yourself.”