It shouldn’t be surprising that Debt Collectors are never depicted well in movies or TV shows. We know that they are not charitable folk who care about your new baby or your four year old who broke his arm. Neither do they lose a moment’s sleep because you have been made redundant or have been […]
When you were served your summons and complaint, what went through your mind? This article goes through the questions that went through my head when I was served by several collection agencies and an original creditor. I won three cases in a court of law. I’ve included details relating to all three of these cases […]
What this usually means, in my opinion, is that they are checking out your assets to see if you are worth suing or not. Your employer is most likely listed within your credit report which lets them know where you are working. That’s scary. They are checking to see if you own a home, car, […]
Under no circumstances can a collection agency call you up and threaten you with jail or say that they are going to send the FBI after you to scare you so that you pay up. Believe it or not, that is what some collection agencies will do. They try to scare you into thinking that […]
If the original creditor is suing you through a collection attorney, the following sequence of events will probably have occurred: You opened a credit card with ABC bank. You didn’t make your payments for a few months. The bank called you and you failed to work out a payment arrangement. The bank got sick and […]
Debt collection lawsuits are fairly easy to win especially if the plaintiff happens to be a junk debt buyer. Debt collection lawsuits are on the rise as consumers face tough times trying to pay their bills due to economic pressures. People who are not able to pay their bills are defaulting on their credit cards. […]
Did you know that every single collection agency that sues a consumer is looking for a default judgment? When I was sued, I looked up the collection agency and saw literally hundreds of cases filed and about 98% of them ended up in a default judgment. People who have old credit card debt need to […]
This was the sweetest and easiest win ever. Red Rock Financial supposedly bought an eight-year-old credit card debt from Providian. Attached to the Complaint was not a thing. I knew that they were supposed to have the original contract, or copy thereof attached so I filed a Motion To Dismiss without Prejudice and asked the […]
If you have received a summons and are unsure if the collection agency is the real party in interest (the real plaintiff), all you have to do is call the original creditor and ask them if they sold the debt to that agency. If they did not, then you have a reason to dismiss the […]
‘Real party in interest’ means that the plaintiff that is suing you has the legal right to do so. The person or company that is suing you has to sue in their own name. A collection agency or junk debt buyer cannot just throw it out there and say: “Hey we own this debt now […]