Sorry, but I don’t want people to give up here. I receive comments and emails with people saying “I can’t defend myself, I don’t know how”. Always defend yourself.

I cannot stress this enough throughout this entire website. Over 95% of consumers who are sued for credit card debt get a default judgment because they don’t fight back against these companies.

The older the credit card debt, the harder to prove. The proof is on the plaintiff. The plaintiff must prove all the documents and most do not have even 50% of them, if any at all. Third party collectors don’t have much to rely on so they use an affidavit of debt and that isn’t even worth the paper it is written on.

Check your local court rules and look under ‘written instruments’ and see if the assignment of debt or the contract was supposed to be attached with the Complaint.

If it wasn’t, as with my case, I would file a Motion to Dismiss for failure to comply with the court rule that requires that contract and assignment to be attached with the Complaint.

Even if my state said that the contract is supposed to be attached and they didn’t do it, I would file a Motion to Dismiss for failure to comply with trial rule 9.2 (of my state). And I would get it, however, the Plaintiff would be able to file an amendment to the complaint (because the Motion to Dismiss would be only without prejudice) and they can sue again. It’s unlikely, though, that they can get the agreement from ten years ago. What if after the 20 days passed they still don’t have it? I’d file a Motion to Dismiss with prejudice and win!

Additional Information

• Lori

  “I purchased your packet on Wed. and won my case today. Thank you for putting this together and helping so many “little guys” fight big business. I do have a question though, what did the judge mean when he said the plaintiff could obtain a bond and go through the county court-at-law system. The SOL ran out in March of this year, doesn’t that mean this is a dead issue?
  Thanks again!”