Do they lie? Well let’s use one of my cases as an example. I won a credit card lawsuit for the plaintiff’s failure to state a claim upon which relief can be granted which means the plaintiff didn’t have a leg to stand on in court. They didn’t have any documents to back up their […]
FindLaw’s cases and codes section contains resources and links for both state and federal laws. This includes resources pertaining to constitutions, statutes, cases and more. It contains “Lawyers’ Dirty Little Secrets” and how to beat collection lawyers at their own game. You can relieve the fear, anxiety and pressure of being sued or the thought […]
There is nothing worse than getting phone calls all day long and postal mail from companies telling you that you owe them money, especially if you know that the Statute of Limitations has run out. If the Statute of Limitations has run out, you have every right to throw the letters away, and not answer […]
I guess my first question would be: why? How about I send you a summons and claim you owe me $5,000.00. Would you call me up and ask me to settle? It’s the same thing here. Think about it. I wouldn’t have any proof that you owed me that $5,000.00, would I? So why would […]
I had Capital One serve me without attaching the contract or provide credit card statements. They did, however, come up with an Affidavit. I filed a Motion to Dismiss case with success and they received 30 days to comply. This meant that they had 60 days to come up with the contract. Before the 60 […]
As I was browsing online, like I normally do, I came across a question asked by a consumer with an answer provided by an attorney. The consumer explained to 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 […]
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 […]
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 […]
Although not proud I must admit to you all that I was sued by Capital One and LVNV Funding for an old Providian Credit Card; and 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 […]
A consumer cannot know, and should not assume, that a debt buyer actually owns the debt or that a debt collector is authorized to act by the true owner of the debt. This is evident from the CAMCO case. As noted above, there are many instances where a consumer pays the debt only to receive […]