You Can Beat Credit Card Debt Collectors

Updated on July 8, 2018
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Brian Gray obtained his degree in Language from Lee University and has been a published author and professional writer since 1985.

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You just received a certified letter in the mail from a law firm, you have a sinking feeling as you sign for this unwanted piece of mail, and when you open the envelope, your fears are confirmed. You are being sued by a credit card company that has come to collect what you left off owing them. All is lost, your world goes into a tailspin, and images of lost wages, raids on your little bank account, and possibly losing everything flash through your mind. Hopeless! You just want to find a hole and drop in it. But, guess what, you are very wrong. You don’t have to lose a thing, and my article will explain why.

Debt collection is a big business always looking for growth opportunities. In January of 1990, credit card debt was at $214 billion, but by January of 2009, during the greatest recession in history, it grew to $964 billion. As the recession began, people were rapidly losing their jobs, and thus, their ability to keep up with the payments on that debt. Good people were being forced into default on their accounts.

So, what did the credit card companies do? They kept on lending, they kept on raking in profits, and they kept engaging in a relatively unknown practice of selling those defaulted debts to companies that had no connection to your original debt. This line alone should raise your eyebrows and cause you to say, “What?” Yes, the credit card company whose card you had been using sold your debt to someone else...and they, the credit card company, promptly washed their hands of your old debt. Stunning, isn’t it?

In 2008 alone, over $123 billion in charged-off debts were sold to companies that then pursued those debts as if they owned them. But they don’t...at least not until you make a fatal mistake and give them the right.

You see, when you signed the original agreement with your credit card company, you signed a contract with your original credit card company. Think about what I just said, because this is where winning your battle begins. Yes, you signed an agreement with your credit card company, but you did not sign one with the companies that bought your debt from the credit card company. Sound crazy? If they don’t have a right to your debt, then why are they coming after you? Because you don’t know your rights, they know this, and they collect billions of dollars every year at massive profits.

Say your original credit card had a final balance of $1,000. The credit card company sells that off to a collection company for $100. Say the collection company only manages to collect $500 from that debt. Not a bad profit. Understand why, then, they pursue these collections? And if I told you that these collection companies have no right to that debt, would that shock you? I mean, they all seem to be following legal procedures when they come after you, don’t they? Yes and no. Yes, they are following legal procedures to trap you in a debt you no longer owe, and no, they do not have any right to that debt...that is, they have no right to that debt until you give them that right. And, yes, millions of Americans make serious mistakes every year and end up owing a debt all over again, a debt that was written off long ago.

What to Do

So, let’s first look at what NOT to do. Do NOT ignore the certified letter. Do NOT miss the court date. You will win if you follow what I am going to outline here; however, the clock begins ticking the minute you sign for that certified letter. Sign it, then begin acting on your rights immediately.

Answer the Summons

Read the letter that comes from the court. It will state how many days you have to file an answer: that is, an answer saying that you plan to defend yourself in court. You must do this immediately.

If it is a magisterial court, you can defend yourself. If it is a higher court, then you need to retain a lawyer. If you opt to retain a lawyer, you do not need a high-priced one. After you have read my article, you can tell any lawyer exactly how to proceed, although he or she should already know this.

Once you have answered the court summons, and you have told them that you definitely intend to defend yourself, the court will set a date for the hearing. Mark that date on your calendar as the day you will walk out of court a winner. Above all, do not miss that court date! If you do not show up in court, you will lose by default, which means that the collection company that is coming after you now owns the debt that was otherwise written off and had become worthless. Miss the court date, lose by default, and you owe money to blood-suckers who will garnish your wages and attach your bank accounts. Attend that court date!

File a Request for Production

Next, and this is very important, you need to file a “Request For Production.” Use the form I have outlined below.

Use this form for Request For Production
Use this form for Request For Production

Mail a copy of this request to the judge in whose court the hearing will be held, and mail a copy to the lawyer who is representing the collection company. Make sure that you send the letter to the lawyer at the collection company via certified mail, return receipt requested. By sending this to the lawyer at the collection company, you are telling him several things. You are telling him that you may just know your rights, that he is going to have a battle on his hands, and most of all, that he may just want to let this one go, because he knows that until you make a mistake, he has no right to the money he is claiming. And, in most cases, when this request for documentation is filed with the plaintiff, they go away and give up. They would rather concentrate on the easy wins, the ones where the person does not respond to the certified letter and, especially, the ones who do not show up in court. By filing the request for documentation, you have already begun to win, and they know this. If you follow through, you will win.

Why You File a Request for Production

Now, let’s look at what you just requested. You have demanded that the lawyer representing the collection company produce—and they are required by law to do so—the original agreement with your signature. You have also requested that they produce all of the receipts for every transaction that you engaged in during the entire life of the use of that credit card. You have requested that they show what you purchased in each of those transactions, and you have requested that they produce your payment record. All of this is legal, and all of it is required in order for them to properly enter the court. Guess what? They do not have this documentation.

Because the original credit card company does not keep this information, they do not sell it to the collection agency. Shocking information, isn’t it? All the collection company has is your name, last known address, the amount you “supposedly” owed when you made your last payment, and the account number. That’s it. So, without a signed agreement with your signature, how can they collect on that contract? They can’t...unless you let them, and if you do not know your rights, you will let them. When the collection company filed suit, they did not attach a copy of the original contract with your credit card company, and this is required by law. The judge knows this, but he cannot act as your attorney, so he has to sit on the bench and watch you sink yourself if you do not follow your legal rights. So, here they are.

What to Say on the Day of the Hearing

On the day of the court hearing, the first thing you want to have in front of you is this statement:

1. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff’s claim, and based on that denies generally and specifically Plaintiff’s claim.

This statement tells the court that you cannot claim to know whether or not this is actually your debt, because no proof of that ownership has been provided by the collection company, Plaintiff. Read, or quote, this statement, and add nothing further to what it says.

Now, a trick here is used when a plaintiff does show up in court in an attempt to trip you up and win through trickery alone. They will call you to the witness stand, brandish a copy of the original contract issued by the credit card company, and ask you, under oath, if you are denying that you signed this agreement with the credit card company.

If you say that you are not denying that you signed the agreement, you lose. You simply state that you are without knowledge sufficient to form an opinion as to the accuracy of the Plaintiff’s claim, and add nothing more. You can repeat this as often as you need to until the judge loses his patience and orders the plaintiff to sit down. The plaintiff is waving a blank piece of paper in front of you. It does not contain your signature, and it is not the original signed agreement. It is worthless.

For your next step, you state the following:

2. Plaintiff has failed to state a claim upon which relief may be granted.

Either no statute was cited, or the complaint fails to state facts sufficient to constitute a cause of action against you, the defendant. Listing the facts of the case may be enough to file a claim, but the plaintiff merely says the defendant owes the money, and this is not enough.

You want to state this:

"Plaintiff’s claim demands monies for an alleged debt for which no proof of said debt, nor proof of ownership of said debt, has been verified and exhibited."

3. Defendant demands proof of Plaintiff’s ownership of alleged debt.

The law is very clear that the plaintiff has a legal duty to attach any necessary documentation to everything he has filed in court, including in the original certified letter that was sent to you. Did you see any documentation in that letter? No. Why? Because the plaintiff has none. He knows that, the court knows that, and now, you know that, too. Legally, the plaintiff lacks capacity to sue. At this point, you may read the following statement to the court:

The plaintiff is required, by law, to trace in his statement of claim the derivation of his cause of action from his assignor so that the defendant may challenge the plaintiff’s claim that he is the present owner of the cause of action.”

What you just told the judge is that the plaintiff, in this case, the lawyer representing the collection company, has not presented proof that he, or his company, owns the debt. Why does he own it? Did you sign an agreement with him? Is he a credit card company? The answer is, no. You do not owe him, or his company, anything. He is required, by law, to show why you owe him, or his company. He will not be able to prove this...unless you have made one fatal mistake.

If you have been scared into making any payment arrangements and have already made payments to his company, then I would seek legal help in unraveling their tentacles. Cardinal rule: do not make payments, or agreements to make payments, to any company that is calling about a debt that you owed someone else. Doing so creates a contract that may be binding.

As in most credit card cases (depending on your state), when a claim is “based upon a written agreement, the pleading shall state specifically if the agreement is oral or written.” If the credit card claim is based upon a "writing," then the plaintiff must “attach a copy of the writing.” This means that, once again, the law requires that the plaintiff produce the original contract with the credit card company bearing your original signature. No blank contracts, no “supposed or forged” copies. The original, and only the original, will do.

Also, in most states, if the lawyer filing the claim for the collection company knowingly files a suit without having that original contract in hand, he is in violation of the law. He has to either have that contract, or he has to have someone with him coming to court who has personal knowledge of that signed contract, and he has neither. When he signed the suit papers, he stated that he had these proofs by his signature. A lawyer filing such a claim should be prosecuted, he deserves to be sued, and you can do so if you have a lawyer representing you.

Next, we come to:

4. Insufficient specificity in a pleading.

When the lawyer for the collection company seeks damages based on a contractual relationship, an agreement or contract, and these damages are ascertainable based on that contract or agreement, then the lawyer is required to plead those damages with specificity. What this means is that the court is going to require that lawyer to include facts concerning when you engaged in purchases that led to that debt, the amount of those purchases, and what those purchases were. You can cite the following in court:

Citing Marine Bank, 25 Pa. D. & C.3d at 267-69. A “defendant is entitled to know the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items he can admit and what items he can contest.

Next on the list:

5. Defendant cites Failure of Consideration:

Whereas no exchange of money or goods occurred between the plaintiff and the defendant, therefore, defendant cites Failure of Consideration.”

What you are saying here is that there was never any exchange of money or items of value between you and the collection company, between Plaintiff and Defendant. You tell the court that you never entered into any contractual or debtor/creditor arrangements with Plaintiff. Consideration is a necessary fact that the plaintiff is required to show in order to prove that you and the collection company had a valid, binding and enforceable agreement or contract. Consideration means that the collection company was giving you a service in exchange for your money. Were they a credit card company? Were they giving you credit? Not likely. Therefore, they were not giving you any “consideration,” and you, therefore, do not have a contract with them.

Furthermore, the collection company would be required to show the terms of that agreement in court. Where is their contract with you? There is none. Because they cannot produce any such agreement or contract, this is “failure of consideration.” They have no case, just one more reason they knew that they should not come to court, one more reason the judge is compelled to dismiss the case against you.

Next, we come to:

6. Repudiation. Plaintiff is not named in any alleged agreement that is purported to have been entered into between Defendant and Plaintiff.

Here, you state that the plaintiff has not produced any contract between Defendant and (your collection company), naming Plaintiff as a party to such contract. Defendant repudiates any claim to such a contract existing. As there was no “meeting of the minds,” a necessary element of a valid contract, no contract exists. The plaintiff is not an assignee for the purported agreement, and the plaintiff has not produced any evidence that supports any related claims or assumptions. The lawyer for the collection company has failed to produce any document that shows that your original credit card company has named him, or his collection company, as assignees, nor has he even shown that the original credit card company has any knowledge of his actions, or that the original credit card company has even given this lawyer, or collection company, all rights and control.

If a credit card company did assign the debt to a third party, the creditor would then lose his rights to collect later. This means that your credit card company probably took a tax credit, an insurance write-off, or some such action that makes the credit card company unable to collect the debt after that point. They destroyed their records, and they moved on. The collection company does not have the original agreement with your signature, and they know that they have no case against you...unless you make the mistake of making an agreement with the collection company and then making a payment on it. Since there was no “meeting of the minds” between you and the collection company, a necessary element required to create a legal and binding contract between the two of you, their claim is repudiated.

If your original credit card company had made an agreement with the collection company, you were not a party to those terms. Just because an assignment clause exists in a credit agreement does not mean that it is sufficient to create a new obligation with the collection company. The assignment clause merely takes away the rights of your original credit card company to collect if they decide to assign it to another company, in this case the collection company. The collection company would then have to offer you a new contract, you would have to agree to its terms, and you would finally have to sign this new contract. If you have not signed a contract with the collection company, you owe them nothing.

In court, if you had to argue this, you would simply state:

"Plaintiff is not an assignee for the purported agreement, and Plaintiff has not offered any evidence to the contrary. As there is no proof offered, assuming that it exists would create an unfair prejudice against the Defendant."

Now, we move to:

7. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

You can simply state,

“Whereas no relationship exists between Plaintiff and Defendant, and whereas Defendant never signed a contract or agreement with Plaintiff, Defendant cites Lack of Privity.”

Privity is the legal term for a close, mutual, or successive relationship to the same right of property, or the power to enforce a promise or warranty. No relationship exists between the collection agency (Plaintiff) and Defendant. Defendant never signed a contract or agreement with the collection agency. A collection company cannot collect any amount of money that is not permitted by law or by agreement.

"The Fair Debt Collection Practices Act states that the debt collector cannot collect any amount of money that is not authorized by the agreement creating the debt or permitted by law. Because there is no agreement between the collector and the alleged debtor, no collection can be sustained.”

Nearing the end of our list, we come to:

8. Plaintiff's complaint violates the Statute of Frauds.

Plaintiff claims to have a contract with you; thus, Plaintiff has to produce it, because such a contract falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the complaint was not in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for the debt, default, or miscarriage of another person.

In order for the collection company to state that it had an agreement with you, it has to show how it was going to benefit you. For example, was the collection company going to issue you credit like a credit card company? Highly unlikely. Therefore, to say that it had a contract with you is fraudulent, because the collection company cannot provide the same services as the credit card company did. It would be like the credit card company selling your contract to another company that required you to sell your house to them at the end of one year. This new requirement would not be something that you agreed to in the original contract, and since there was no “meeting of the minds,” you did not come to any agreement with the collection company.

Here, then, you simply cite statute of frauds. Research your state’s case law to see how your state stands on this point. In any case, because the collection company cannot provide the same services as the original credit card company, adding this new requirement is breach of contract; thus, we invoke “statute of frauds.”

Lastly, we come to:

9. Scienti et volenti non fit injuria: “An injury is not done to one who knows and wills it.”

The laws in this country do not provide a remedy for a collection company that knowingly and voluntarily takes on a bad debt and then goes after the debtor in an attempt to collect that alleged debt. What the law says is that an entity cannot place itself in harm’s way and then sue for damages. Thus, “scienti et volenti non fit injuria.” That would be like you standing in front of a speeding car, then suing the driver for damages. You put yourself in harm’s way, you deserve no damages. The collection company bought a debt that was bad, then wanted it paid. Just cite "scienti et volenti non fit injuria," and the judge will know what you mean.

More Things You Should Know

Statute of Limitations

Most collection companies know not to go after debts that are past the statute of limitations, but, there are still those who do. But, note this very important point: once the debt has passed the statute of limitations, they cannot take you to court. They can contact you and ask you to pay the outdated debt, but they cannot take you to court. However, if you agree to make any payments to them, or acknowledge to them that you owe the debt, you may reset the clock, so to speak. This is called "re-aging the debt." Be very careful with regard to this factor. So you should know that most States will not allow claims on debts that are more than three years old, though in other states that statute of limitations is four years. There are also a few States that go out even further. You want to research this so that you know what your State allows, because the collection company pursuing you may have waited too long, and you may have a right to have the suit thrown out on this technicality alone.

Is the Debt Satisfied?

As I stated earlier, quite often, the credit card company has made an insurance claim, or taken a tax deduction, and this is known as accord and satisfaction. This renders the debt satisfied, and, legally, no one should be able to attempt any further to collect this debt. Your collection company knows this, yet they are still trying to take you to court, because they know that if you do not show up, the law then reverses everything, and you end up owing them. So, go to court. Just the fact that you file an intent to defend yourself lets them know that you are aware of your rights, that their best bet is to call off the bluff, and that they should go find some other person to try to fool into entering a contract with them for a debt that is otherwise uncollectible.

Debt Collectors Need To Validate the Debt

Remember that the Fair Debt Collection Practices Act requires all debt collectors to validate the collection upon request of the purported debtor. The collection company will not be able to, so, stand your ground with everything that I have written in this article. They deserve to lose, because they know they are acting illegally, yet they use all kinds of trickery and deceit to win. You can fight back by simply using the law and your legal rights.

Here is a very valuable article to read: https://www.nolo.com/legal-encyclopedia/debt-collection-defense-requiring-that-the-collector-document-the-debt.html

The Attachment Rule

When a junk debt buyer sues you, most State rules require, as per the Attachment Rule, that the debt collector must attach a copy of the account or written contract, and if they cannot do this, then they must state why the document is not attached. If the collector fails to do this, then you can file a motion with the court requesting that the court require them to produce the missing documents. Without these documents, you may petition the court to dismiss.

The Amount For Which You Can Be Sued In Small Claims Court

There are limits to the amount a collector can sue for in Small Claims Court. This will vary from State to State, so research your locality to see what they are.

Check Every Rule, and Good Luck

Make sure that you check every rule that I have quoted to make sure that there are not any deviations in your state. State laws will vary, and State laws vary from Federal laws, so do your homework. I am not a lawyer, but I used everything I have written herein to defend myself against a collection company, and you can already guess what happened. They did not show up in court, and the judge dismissed the case against me. It worked for me, it will work for you. And just in case you are not comfortable arguing in a court of law, if you can afford it, obtain the services of an attorney who is not too expensive.

The Federal Trade Commission explains your rights on its website: https://www.consumer.ftc.gov/articles/0149-debt-collection.

You have a right to win. Good luck to you.

Brian Gray

Additional Materials For Your Help

This article from the Loyola Consumer Law Review describes how creditors file improper collection complaints.

In the end, this article contends that plaintiff-creditors file improper complaints as part of a pecuniary calculus in the collection industry:

1) Original and secondary creditors file objectionable complaints (and cannot amend those complaints when challenged) since original creditors do not maintain the credit card debtor’s account documents at the outset of the creditor-debtor relationship (which means that secondary creditors cannot receive account records as part of an assignment); and

2) necessary account records are not retained because it is more economically efficient to file many unsupported claims than it is to expend resources in document retention and to file fewer substantiated claims.

The article describes how Pennsylvania courts require specific pleadings, and debtors can challenge pleadings that aren't specific enough.

Unlike federal courts, which require notice pleading, Pennsylvania courts demand fact specific pleading from both plaintiffs and defendants. At the outset, a pleading must set forth the “material facts” of the cause of action in a “concise and summary form.”

As in most credit card cases, when a claim is “based upon a written agreement, the pleading shall state specifically if the agreement is oral or written.”

If the credit card claim is based upon a writing, then the plaintiff must “attach a copy of the writing.”

Finally, “[a]verments of time, place, and items of special damage,” such as credit card charges, must be “specifically stated.”

Illegal Collection Efforts in the News

Federal Government Orders Firm to Stop Unsupported Collection Lawsuits

Pressler & Pressler, a New Jersey firm, was ordered in 2016 by the Federal Consumer Protection Bureau, which called it a "lawsuit mill," to stop filing unfair collection lawsuits. NJ.com reported that FCPB's order said that "before threatening litigation, agents must have original account-level information with the consumer's name, the last four digits of the account, the claimed amount, a chronological list of all the prior owners of the debt, a copy of the bill of sale and other records, the orders say."

Fraudulent Debt Collection is Big Business

Six people in North Carolina agreed to plead guilty to a $6 million fraudulent debt collection conspiracy that operated from 2011 to 2015, according to the Charlotte Observer.

This is possibly the best one yet: https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/

Information From NOLO on Debt Verification

Nolo.com summarizes the principle of "debt verification" with advice similar to what I've given here that applies to many states. NOLO says:

If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and creditor. In many states, a creditor or debt collector that is suing for collection of an account must:

  • attach to the complaint a copy of the account or written contract or agreement, or
  • state in the complaint why the account or document is not attached.

This is often referred to as the “attachment rule.”

If the creditor or debt collector doesn’t do this, you may be able to get the lawsuit dismissed. Or, you can ask the court to require the creditor or debt collector to provide the missing documentation and information. This is often called “requesting a more definite statement.” In either case, you’ll have to prepare and file a formal motion with the court.

What Documentation Must the Creditor Provide?

But what must the creditor provide by way of documentation? At a minimum, it must produce:

  • A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you.
  • If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt. This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an “assignment”, or a receipt between the last creditor holding the debt and the entity suing you.

What If the Collector Cannot Produce the Assignment?

If the creditor or collector suing you fails to produce proof of the assignment, then you can ask the court to dismiss the lawsuit. Again, you’ll have to prepare and file a formal motion with the court.

Counterclaims if the Collector Did Not Previously Verify the Debt

If the debt collector suing you previously did not verify the debt after you timely requested debt verification, you may file a counterclaim against that debt collector within the same lawsuit, requesting your own damages. Some states also allow you to countersue for damages against the creditor itself for failure to verify the debt.

An Important Article To Read From The New York Times

https://www.nytimes.com/interactive/2014/08/15/magazine/bad-paper-debt-collector.html

This is an eye-opening article written by Jake Halpern for the New York Times about the practice of junk debt buyers. I highly recommend reading this so that you can see what is going on behind the scenes with regard to charged off debts. This is a huge money making business, with junk debt buyers raking in billions.

Here is a quote:

“...buying up the right to collect unpaid credit-card bills. When debtors stop paying those bills, the banks regard the balances as assets for 180 days. After that, they are of questionable worth. So banks “charge off” the accounts, taking a loss, and other creditors act similarly.

The scale is breathtaking. From 2006 to 2009, for example, the nation’s top nine debt buyers purchased almost 90 million consumer accounts with more than $140 billion in 'face value.' And they bought at a steep discount. On average, they paid just 4.5 cents on the dollar. These debt buyers collect what they can and then sell the remaining accounts to other buyers, and so on. Those who trade in such debt call it 'paper.'"

From New York Times article by Jake Halpern

More from this article:

"Siegel quickly discovered that when he bought the right kind of paper, the profits were astronomical. He obtained one portfolio for $28,527, collected more than $90,000 on it in just six weeks and then sold the remaining uncollected accounts for $31,000. Siegel bought another portfolio of debt for $33,388, collected more than $147,000 on it in four months and sold the remaining accounts for $33,124. Even to a seasoned Wall Street man, the margins were jaw-dropping."

Another thing Halpern pointed out was that original creditors do not care what happens to the debt after they have sold it off to junk debt buyers. Here is another very enlightening quote:

"According to American Banker, in a series of transactions in 2009 and 2010, Bank of America sold millions of dollars of charged-off debt to a company in Denver called CACH. In the sales agreement, Bank of America said it would not make 'any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever' about the accuracy of the account information it was selling."

More from Halpern's article:

"In 2009, the F.T.C. said in a report: 'When accounts are transferred to debt collectors, the accompanying information often is so deficient that the collectors seek payment from the wrong consumer or demand the wrong amount from the correct consumer.'”

Here is one more reason from Jake Halpern's excellent about article why you should be questioning the legal right of the entity claiming to own your debt:

"The notion that a portfolio of debt could be stolen may seem improbable, but plenty of debt brokers are all too willing to sell 'bad paper.' Such brokers sometimes 'double sell' or 'triple sell' the same file to multiple unsuspecting buyers. Other times, a broker may sell paper that he does not own and obtained by nefarious means."


Letter Requesting Validation of Debt

Before you are notified that you are being sued by the plaintiff, but once the junk debt buyer notifies you that they are intending to collect the alleged debt, send them this letter requesting validation of the debt, and give them 30 days to comply. Save proof that you mailed this letter. Here is the letter:

I am sending this letter to you in response to a notice I received from you on (here, cite the date of the letter you received). Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “validation” or proof of my mailing address, but a request for Validation made pursuant to the above named Title and Section. I am hereby requesting that your office provide me with competent evidence that I have any legal obligation to pay you. Please immediately provide me with the following:

*What the money you say I owe is for;

*Explain how you calculated what you say I owe:

*Provide me with copies of any papers that show I agreed to pay what you say I owe;

*Provide a verification or copy of any judgment if applicable;

*Identify the original creditor;

*Prove the Statute of Limitations has not expired on this account;

*Show me that you are licensed to collect in my State; and

*Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureaus (Equifax, Experian or TransUnion), said action may constitute fraud under both Federal and State laws. Due to this fact, if any negative mark is found on any of my credit reports by your company, or the company that your represent, I will pursue legal action against you for the following:

*Violation of the Fair Credit Reporting Act

*Violation of the Fair Debt Collection Practices Act

*Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated, or verifying an account as accurate when, in fact, there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately.

Further, no telephone contact shall be made by your offices to my home, or to my place of employment. If your offices attempt telephone communications with me, including, but not limited to, computer generated calls or correspondence send to any third parties, it will be considered harassment, and I will pursue legal action. All future communications with me MUST be done in writing and sent to the address noted in this letter.

What Is Subrogation?

What is subrogation? Subrogation is the doctrine that allows a third party to be substituted for the creditor. The party being substituted agrees to pay the original creditor for the debts, and this allows the third party, known thereafter as the subrogee, the rights to collect the debt as were originally held by the original creditor.

Here is the legal definition: Subrogation is the substitution of one person in the place of another with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities. The one who initially discharges the obligation is called the "subrogee" and the party who is compensated is the called "subrogor." In other words, the subrogee stands in the shoes of the subrogor.

Subrogation can operate through a written contract titled a “subrogation agreement.” Since subrogation is an equitable remedy, all defenses and theories that apply to equity laws are equally applicable when dealing with subrogation issues.

There are general rules that shape and guide issues of subrogation.

Legal, or equitable, subrogation is not available to volunteers. What this means is that an entity with no connection to the debt cannot step in and claim the status of subrogee. The subrogee must satisfy the debt, because he does so to secure his own personal interests.

Legal subrogation is not available until the subrogor is fully compensated. This means just what it says, i.e., the original creditor must be fully compensated. More on this will follow.

Conventional subrogation does not require full compensation of the subrogor. “Conventional subrogation” is technically not the same as “legal subrogation.” Conventional subrogation is created by contract, while legal subrogation is implied by law and is based on equitable considerations. An entity who interjects themselves into the debt situation will not be granted rights under subrogation without a valid written agreement.

There are three entities involved in the proper interpretation of subrogation. They are: the entity that causes loss, the entity that is subjected to that loss by the loss causer, and the final one of the three is the loss insurer. The foundation of the laws that were written regarding subrogation are restitution, deterrence and fairness, and these three bases form the right and proper goals of any future legal evolution. All laws coming since this foundation should be weighed against that foundation and its original intents. The laws of subrogaton were NOT created for the purpose of self-enrichment schemes concocted by junk debt buyers. The laws of subrogation are being abused and corrupted by junk debt buyers.

For the moment, I hope these few statements will give you, the reader, some material to research and study. I will be adding more here when time permits. Basically, if you read the erudite New York Times article written by Jake Halpern which I linked and referenced, this should begin to give you even more tools with which to fight these blood suckers. They need to show more than just that you once upon a time may have had an account with some credit card company. What is their legal right of subrogation of the debt? How do they own your alleged debt? Where is their contract? Where are their proofs? Research this, study this, and hammer it home! Make them lose!

Two Good Subrogation Definitions

Sometimes, using a different wording for a definition can really help clear up a meaning. So, here are two definitions that I thought might be helpful in this discussion:

"A subrogee is usually the insurance company which has insured the party whose expenses were paid. Thus, the subrogee insurance company may file a lawsuit against a party which caused the damages to its insured which the subrogee paid." https://legal-dictionary.thefreedictionary.com/subrogee

"A subrogor is person or entity that transfers his/her/its legal right to collect a claim to another (subrogee) in return for payment of the subrogor's expenses or debts which he/she/it claims. Thus, a person injured in an accident (subrogor) is paid by his/her/its own insurance company (subrogee) for the damages, and then the insurance company sues the party who apparently caused the damages." https://legal-dictionary.thefreedictionary.com/subrogor

More About Subrogation

Traditionally, credit card companies attempted to collect their own debts. If this initial process was ineffective, then the credit card company assigned the accounts to collection companies. If the first collection company failed to collect, then the credit card company would re-assign the account to another collection company. Eventually, the credit card companies deemed this process too time-consuming and unproductive to be of financial value. They soon hit on a new idea—sell the debt. They got rid of their collection departments and went into a new business venture for selling off bad debt.

Around 1999, the credit card industry began to analyze the value of purchasing subrogation rights. It sounded like a great idea at first, but the credit card industry decided against it, because there would be legal problems once a case got into the courts and some smart lawyer decided to challenge the plaintiff with “First Dollar,” the term that refers to dealing with the insured’s (the credit card company) deductible. If one studies case law, various States require that the insured (the credit card company) be made whole before the insurance carrier can reap the benefit of subrogation. Under this statute, the credit card company has to get paid “first dollar” until the original creditor has been “made whole.” If the claim is purchased from the insurance company, what benefit is there for the insurance company to go to court on behalf of a junk debt buyer? Further, if the insurance company goes to court, how would it look for them to have their attorney subpoena the credit card company? So, the collection companies found an easier way around this difficulty.

They found that they could sue the debtors in court, the debtors would know that they owed the money, the debtors would run and hide, and therefore, once the case got to court, and the debtor did not show up, a default judgment would be issued, the debtor would now be indebted to the collection company, and a new and enforceable contract would now exist between the collection company and the debtor. And here is the Achilles heel of this: when a defendant answers, and a trial is scheduled, the insured and the claim representative are absolutely necessary in court in order for the plaintiff to prevail!

So, here are some things to keep in mind: Do not discuss the debt on the phone with collection companies, as they are recording your call and will use your admissions in court. Do NOT sign any promissory notes, as this is entering into a new and binding contract to pay the collection company the amount they are requesting. Answer the summons when you are sued, and tell the court that you will appear. Then, prepare your defense wisely, and go to court ready to win.

Transferring Your Account

All credit card companies can place a clause in your original credit card agreement which will read something like this: "We may transfer your Account and our rights under this Agreement to another person or company. That person or company will take our place in this Agreement. You must pay that person or company the amount you owe us on your Account (instead of paying us) if you are asked to do so." For this, I go back to one of the earlier points in my article: Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.


The collection agency does not have any signed agreement with you, and chances are that they probably do not even have a contract with the original creditor showing legal right of subrogation of the debt. The clause in the original credit card agreement is read to mean that the credit card company can transfer your account to another credit card company. While this point may be debated by some, I would argue in favor of the defendant and against the plaintiff on this one.

The Order of Transition in Credit Card Debt

Once the Account Becomes Delinquent - At 180 days from the last point of payment activity on an account, the company will usually designate that account as uncollectible. However, some companies may do this sooner, or wait a little longer, and that is their prerogative. When the company decides on this action, it will “write off” the account and list that debt against its earning for accounting purposes. This allows the company to reduce the amount it owes on taxes. The debt is now listed as “charged off.”

Charged off debts are still owing -The credit card company still owns the debt, and you still owe them the final balance. At this point, the credit card company can decide to pursue the debt themselves, or they can sell it to a junk debt buyer. If the bank sells the debt, they will adjust their accounting accordingly once the debt has been sold.

Forgiven Debt - The credit card company has the option of forgiving the debt, which means that they no longer expect you to pay. This, thus, makes the debt an income for you that must reported to the IRS, if it is over $600.00 , and you will then be issued a form 1099-C. This also means that no one should be coming to collect from you. The debt was forgiven.

Credit Report - Until the debt is paid in full, it will remain showing as unpaid on your credit report.

A Deceptive Collection Practice

Junk debt buyers often want you to think that they are the original credit card company coming after you. For them to state this, when it is not fact, is fraudulent and illegal. But that does not stop them from trying to make you think that they are representing the original credit card company by using clever wording that skirts close to the edge of illegal. Here is an example of one letter from a collection company.

"Dear (Your Name Here),

The above referenced account has been referred to our office for collection of the balance in full. Previous attempts have been made by our client to resolve this debt voluntarily. As of this date, those attempts have not been successful. (Name of the collection company here) has been authorized by our client to provide the necessary effort to collect this debt. We recommend that you take advantage of this opportunity to pay the balance in full to prevent further collection activity."

Below this paragraph was the obligatory notification that you had 30 days to dispute the validity of this debt, but what most people tend to do is this; they read this first paragraph, think their original creditor is coming after them, they panic, and their brain fogs over. What are they missing? Lots!

First of all, in this particular case, this was a letter from a junk debt buyer, not the original creditor. So who, you may ask, is "their client?" Good question! Because it most certainly was NOT the original creditor. Why? Because this account had been closed and charged off due to a bankruptcy taken by the person who held the original credit card. That account was written off in 2003, and here was this junk debt buyer posing as representing the original creditor...in 2009! This account was closed and now was time barred by statute of limitations, yet here was this junk debt buyer insinuating that they had a "client" relationship with the original creditor. A good lawyer could get this junk debt buyer in a lot of trouble.

Consider this as well, the junk debt buyer is warning the recipient that they should pay the "full balance" so as to "prevent further collection activity." First of all, this junk debt buyer bought this bad debt for about one cent per dollar, so, for their investment of $50, they were trying to collect $1500. It reads: "Please detach the upper portion of this notice and return with your payment in the enclosed envelope." Nice try, blood suckers.

One of My Readers Shared This Exceptional Material

This exceptional material that I have placed here for my readers was shared with permission from Rodney Miner. Kudos to Rodney for sharing this, and kudos to him for his great win! May this material help others in the battle.


Rodney Miner

Kellogg, Idaho 83837

208/786-2810

Defendant

IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE

MAGISTRATE DIVISION

Cavalry SPV I, LLC,

Plaintiff,

vs.

Rodney Miner,

Defendant.

Case No.: CV-2017-586

RESPONSE TO MOTION FOR SUMMARY JUDGMENT

Rule 56 states that a court should only grant summary judgment if the moving party shows that there is no genuine issue of material fact. Defendant Rodney Miner, pro se, does hereby submit his Response to Plaintiff’s Motion for Summary Judgment. Defense shows that none of the evidence submitted in PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT is admissible, therefore, Cavalry SPV I, LLC failed to demonstrate that it is the owner of the account in question. Defendant asks the court to deny the PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Fact

Cavalry SPV I, LLC Has Failed to Provide Any Admissible Evidence to the court.

Legal Argument

The supporting affidavits and the documents attached to them lack evidentiary underpinnings.

There is not sufficient demonstration of the competency of the affiants to testify, there is not sufficient foundation for the documentary evidence, and there is no evidence of the necessary linkage between the bulk account sale and the individual account of the defendant. The entirety of the documents submitted for motion for summary judgment by Plaintiff consist of two affidavits, Bill of Sale, Notification File, four credit card statements and a copy of the cardholder agreement.

The affidavits would be admissible under the Idaho rules which state that business records are admissible given a statement from a custodian of business records which are created in the normal course of business. This rule has long been held to a high degree of veracity. Christensen v. Rice, 763 P.2d 302, 114 Idaho 929, 934, 763 P.2d 302, 307 (Ct.App. 1088).

Idaho rule 803(6) Hearsay Exceptions; Availability of Declarant Immaterial outlines what are not excluded by the hearsay rule for records of regularly conducted activity.

Idaho Rule of Evidence 902(11) provides for the self-authentication of certified records of regularly conducted activity.

The two affidavits submitted with the request for summary judgment must meet the stipulation of these two Idaho Rules.

The Affidavit by Shannon Wiltgen, the only one offered by an employee of Synchrony Bank, states that she is a Documentation Specialist and that her bank sold a pool of chart-off accounts to


Cavalry SPVI, LLC on 3/23/2017. Wiltgen states, “As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer.” Wiltgen also states, “These records were kept in the ordinary course of business of Synchrony Bank.” Wiltgen, as employee of Synchrony Bank working with the ordinary business records of Synchrony Bank falls under the exception to the hearsay rule.

The Synchrony Bank records would have been ordinary records until the account data files were were culled, separated, reorganized and restructured into a separate electronic file. This process of creating the new electronic data file was not the mere daily data entry of ordinary record keeping. Nor was it ordinary record handling to transfer this reorganized file to another business. Wiltgen states, “The Creditor has a process to detect and correct errors,”. Though Wiltgen is a Documentation Specialist there is no evidence of the algorithms or criteria used for the selection of accounts or error free process. If this file were to be used in evidence, substantially more foundational information would have to be provided, probably by an expert witness who has substantially more background knowledge than demonstrated by Shannon Wiltgen’s Affidavit. The affidavit does not provide the foundation to testify that this file was accurate, or complete, or reliable for later use by Cavalry SPV I, LLC. The reorganization of the ordinary data into a culled data file to be transferred to another company created non-ordinary business data that falls outside of the rules of I.R.E 902(11) and I.R.E. 803(6), making Shannon Wiltgen’s Affidavit inadmissible. MIDLAND FUNDING, LLC,. CV- 1 4- 8 3 O-C. Plaintiff/Respondent, vs. MEMORANDUM DECISION. BARRY STIMPSON.

In the second affidavit Sheila Pinckney states she is employed by Cavalry Portfolio Services, LLC (CPS), but “preforms collection services for Cavalry SPV I, LLC”. Under her signature line is says, “Legal Administrator”. Pinckney states, “I am familiar with the manner and method by which CPS and Plaintiff maintain computerized account records and documents for account holders.” It is unclear how these two companies share computer information. Pinckney goes on to state, “CPS and Plaintiff maintain such records in the ordinary and routine course of business and it is their regular business practice to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence.” In effect, Pinckney as Legal Administrator of Cavalry SPV I, LLC, is testifying that Cavalry SPV I, LLC by Pinckney has authorized CPS, acting through Pinckney as its legal specialist, to prepare the identified documents. Therefore, the same person is authorizing the action and carrying out the action. It is a stretch to put all of these evidentiary steps onto a single witness. The real problem is a different one. Though we don’t know which company holds the business data or how they share it, we do know the relevant information is the electronic data file that was transferred to Cavalry SPV I, LLC from Synchrony Bank. The relevant data is the existence of the separate account for the Defendant, the identifiers of that account, the transaction history of that individual account while it was active, and the balance due upon its transfer to Cavalry SPV I, LLC. None of this data was created or sourced into the computer records while they were maintained by Cavalry SPV I, LLC or CPS; all of it would have been created or sourced by the bank.

Sheila Pinckney may be qualified to explain what CPS did or Cavalry SPV I, LLC, with respect to its own records or data created during its time, but she cannot establish a foundation for the bank data — she has no personal knowledge, she was not a custodian of the bank’s records while they were with Synchrony Bank, and the records in the Plaintiff’s possession do not qualify as ordinary business records. Because the electronic file transferred to Cavalry SPV I, LLC did not come to the Plaintiff as ordinary business records of Synchrony Bank, it cannot be said that the data in this file became routine business records of Cavalry SPV I, LLC or CPS, maintained in the ordinary course of business. Therefore, the documents created by Pinckney from Cavalry SPV I, LLC’s or CPS’s copy of the electronic file from the transferred accounts could not be said to be routine records maintained in the ordinary course of Cavalry SPV I, LLC business. This means that Sheila Pinckney’s Affidavit is inadmissible and Pinckney did not have a foundation to be a witness to identify the source documents, the monthly statements or the cardholder agreement. Furthermore, she avers that she is an employee of Portfolio Services, LLC. This means she is not an employee of the bank or Cavalry SPV I, LLC, and therefore has no cognizable standing as either a custodian or qualified person to establish the nature of file data as a business entity, without first establishing an adequate foundation of the witness as a person with actual knowledge, and then establishing how she obtained any of the knowledge to which she testifies.

Without a witness from Synchrony Bank with knowledge and expertise to walk the court through the steps of culling the necessary data pertaining to the accounts which were to be transferred from the regular business records of the bank, then getting the data into particular computer files for transfer from one system to another, and finally in actually getting the data files transferred and up and running with Cavalry SPV I, LLC, there is no one to testify on behalf of the Plaintiff. Therefore the Plaintiff has no way to prove he owns an account for which he seeks payment and reimbursement of costs.

Finally, the transferred data files were not regularly conducted business activity and therefore are not admissible Hearsay exceptions as defined by Idaho Rules of Evidence Rule 803.

Next, we address The BILL of SALE. The bill of sale is signed by Ken Wojcik, SVP Collections & Recovery for Synchrony Bank. The BILL of SALE states that the Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification File. There were no representations or warranties provided in the attached bill of sale. He would be competent to testify from personal knowledge that the electronic file was the mechanism used to transfer the accounts to Cavalry SPV I, LLC. He does not have the foundation to testify that the file transferred was accurate, or complete, or reliable for later use by Cavalry SPV I, LLC in managing collection efforts.

Further, Plaintiff does not include in Exhibits a copy of its contract with Synchrony Bank. It is therefore not shown whether Synchrony Bank has expressly disclaimed all representations as to the accuracy of information or the accuracy of the current balance or interest on the accounts it has sold to Cavalry SPV I, LLC. The Federal Trade Commission has stated that sellers disclaiming the accuracy of the information they sell to debt buyers is common and recurrent (FTC DEBT BUYER REPORT, supra note 2, at iii, 25). The Restatement (Second) of Torts describes a fraudulent misrepresentation as being when the maker “does not have the confidence in the accuracy of his representation that he states or implies” or “knows that he does not have the basis for his representation that he states or implies.” Without a copy of the underlying contract, Defendant has no objective way to assess the veracity of Plaintiff’s claim. The FDCPA is a strict liability statute intended to be “liberally construed to protect consumers” (Owen v. I.C. Sys., Inc., 629 F.3d 1263, 1271 (11th Cir 2011). Scienter is not an element of proving an FDCPA violation. Misleading or deceptive representations made as a result of carelessness or negligence are actionable under the FDCPA. All a court needs to find for an FDCPA violation is that the communications from the debt buyer to the consumer would have been misleading to the least sophisticated consumer (Weston v. Northampton Personal Care, Inc., 62 A.3d 947, 1019 (Pa. Super. 2013)).

In Plaintiff’s submitted documents and brief there are two contradictory Balances which Plaintiff claims Defendant owes, in Exhibit 1 for $4,078.57 and in Exhibit 2 for $4,116.57, demonstrating thereby a lack of sufficient indicia of trustworthiness for accounting in this instance to be considered reliable (Thanongsinh v. Board of Education, 462 F.3d 762, 778 (7th Cir. 2006)).

Defendant is entitled to recover its costs.

III. Conclusion

There is a genuine issue of material fact that Cavalry SPV I, LLC cannot show ownership of the alleged Synchrony Bank credit card debt. Defendant respectfully asks that Summary Judgment be denied.

DATED this fourth day of January, 2018

_________________________________

Rodney Miner

Defendant Pro Se

COPY of the foregoing sent via U.S. mail this fourth day of January, 2018to:

John H. Wilkinson ISB #8597

Machol & Johannes, LLC

1412 W. Idaho Street, Set 238

Boise, ID 83702

Attorney for Plaintiff

Sent by: Rodney Miner

More Great Material Shared By Rodney Miner

Go to this link and study it well. Some really great material is in this case that was fought and won by one of our readers, Rodney Miner. He put up a great fight and won. Read this to see how he did it. Great job!

https://www.nclc.org/images/pdf/unreported/midland-v-stimpson_appellate_decision_12162014.pdf

Order To Dismiss Without Prejudice Provided By Rodney Miner

Notice, Cavalry had to pay the court costs to the defendant.
Notice, Cavalry had to pay the court costs to the defendant.

Here is the Timeline for Rodney Miner's Case

Here is the Rodney Miner suit Timeline.

11/07/17 Served SUMMONS

11/22/17 ANSWER TO COMPLAINT AND COUNTER CLAIM paid $136 to file

11/28/17 Received from the court NOTICE OF HEARING:

Pretrial Conference: Monday, January 8, 2018

Status: Monday, February 12, 2018

Court Trial: Wednesday, February 28, 2018

12/04/17 Arrived in the mail and a big heavy envelope full of legal documents — PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, MEMORANDIUM IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, PLAINTIFF’S STATEMENT OF COSTS AND DISBURSEMENTS, NOTICE OF HEARING schedule for 01/22/18 (schedule by attorney for summary judgment)

01/04/2018 Rodney filed, RESPONSE TO MOTION FOR SUMMARY JUDGMENT

01/08/17 Went to Pretrial Conference, reschedule motion for summary judgment hearing till 01/31/18.

01/22/18 Received in the mail from attorney STIPULATION FOR ENTRY OF JUDGMENT offering a reduced settlement.

01/31/18 Went to summary judgment hearing where case was dismissed.

If You Are Being Sued by Johnson, Riddle & Mark, Read This

I had a person write to me about a company that is taking him to court, and this company even claimed to be hired directly by Capital One. Everyone should remember this important fact: any collection company that states that they are directly hired by an original creditor must be able to prove that such a relationship exists, otherwise, this is a criminal offense, and you can sue them. I have often said that these blood suckers like to skate very close to the edge when making their harassing claims. So, do your homework, research them when they come after you making scary claims of representing your original creditor. Here is some very interesting material on Johnson, Riddle and Mark:


https://www.creditinfocenter.com/community/topic/318471-johnson-mark-llc-attorneys-or-debt-collectors-or-both/

https://www.ripoffreport.com/reports/johnson-riddle-mark-llc/draper-utah-84020/johnson-riddle-mark-llc-attorneys-for-plaintiff-capital-one-bank-usa-judgement-on-cred-504261

https://forums.debtcc.com/settlement/thread57219.html

Another Very Interesting and Educational Link

https://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

Defending Junk-Debt-Buyer Lawsuits by Peter A. Holland

I found this extremely well-written and priceless gem of an article, and I give it my highest marks. You would do well to read it, make copies of it, and study it until you know it by heart. What an excellent resource! The article is titled:

Defending Junk-Debt-Buyer Lawsuits by Peter A. Holland

You can find it here:

http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2206&context=fac_pubs

Three cheers for Peter A. Holland for the best article I have ever read on this subject.

Questions & Answers

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    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 days ago from Pennsylvania

      StarbucksLoverr,

      Good luck to you.

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 days ago from Pennsylvania

      John,

      If the judge granted the request for documentation, and the plaintiff did not supply it in a timely manner, usually within thirty days, then you have a right to ask for dismissal with prejudice. Plain and simple, they did not comply, they should lose the case. Stand on that principle strongly.

      If you need an argument, it would be this: they failed a court-ordered mandate to produce these necessary documents that are vital to your defense and your right to due process, and this indicates that they lacked this information when they filed suit, thus rendering their status as lacking legal standing to be in court. For the plaintiff to file suit in the first place, they are required to have sufficient proof in hand when they file suit, and lacking these documents shows clearly that they did not.

      Good luck to you,

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 days ago from Pennsylvania

      Monte,

      Scroll down to the information that I posted from Rodney MIner. You will see everything he did in virtually the same situation in which you now find yourself. Study his case and his winning strategy. You'll be glad you did.

      As for sending the request for validation, yes, that should have been done when you were first notified of their intent to collect. Instead, send them a request for production. And follow the Rodney Miner materials.

      Answer the summons. The 20 days is the time limit that the court has imposed for responding, so do not miss that deadline. If you have questions regarding the time elements for your case, contact the clerk of the court.

      Good luck to you,

      Brian

    • profile image

      StarbucksLoverr 

      3 days ago

      The original creditor doesn't have a signed contract either! Thank you for this article! :)

    • profile image

      john 

      3 days ago

      i have court next week. this is the second time first time they have a name juan gonzalez i am juan gonzalez jr and they did not know if it is mine or not but also i requested production and the judge only granted the request of all statement. After three months i have the court hearing again and did not receive any statements from them. what should i do?

    • profile image

      Monte 123 

      3 days ago

      Hello Brian

      What a fantastic job you have done outlining the step needed to win against these blood suckers.

      I have a couple of questions.

      i was served in person yesterday By Machol & J on behalf of Calvary SPV I,LLC

      I live in the State of WA. and the debt in question is a sizable amount (24K).

      The "Summons" has no court case number on it. Where the number should be it just states [SUMMONS (20 DAYS).]

      A little background. I did receive a letter from M & J back in June claiming the debt and intention to pursue collection activities. Under bad advice (I wish I had found this article sooner) I chose not to request validation of debt from them.

      This leads to the questions I have.

      1. Can I still request verification of debt as outlined in your article?

      2. Will this delayed request (now that I have been served) still hold the same Weight and be an important element of my fight?

      3. How do I proceed to file documents with the court when there is no case number assigned to it?

      I am hoping that yourself or others have dealt with this in the past and can lead me down the right path.

      Thanks again for such an amazing article and I look forward to your response.

      Sincerely,

      Monte

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 days ago from Pennsylvania

      Beth,

      If your only source of income is Social Security, that income is exempt and cannot be touched by these blood suckers.

      The request for production only goes to the plaintiff, not the judge.

      If you sent the plaintiff a request for validation within the thirty-day time limit from the date they notified you that they intended to collect a debt, then they should not have filed suit until they had satisfied the validation request. If this is the case, then let the judge know this, because the plaintiff acted prematurely in filing suit.

      They cannot take your car. They can only go after bank accounts that do not contain money from Social Security, or wages that are not Social Security. I think you are pretty much judgment safe, if all of your income in solely Social Security.

      Research all of the materials on my site, and try to follow the examples of others on here who have successfully won their cases. If nothing else, try to pay for a one-hour, private consultation with a good attorney. It will be money well spent.

      Brian

    • profile image

      Beth 

      4 days ago

      Hi I got served today 08/10/2018 Midland Financial is suing me. I send certified Mail the Answer to the court and the lawyer of Midland Financial LLC. I also send certified Mail the request for production cc to the judge and the Midland Financial lawyer. I had send them a Validation letter like a week ago before I got serve. What can I expect now? I am nerves because I am not that good in my English and I can afford a lawyer I live on Social Security only and have no property only a 1,000 car. Can they take my car is i loss the case? I will try to remember some of your statement but I know I will not remember all of stated words. What can you advice me please?

      Thank you,

      Beth

    • Hanavee profile imageAUTHOR

      Brian Gray 

      5 days ago from Pennsylvania

      Simone Coelho,

      It is true that the time to ask for validation of a debt is before being sued. But, when a person doesn't know this, and most people don't, even though it is mostly going to be challenged, I still say do it, because it is a shock tactic to the plaintiff. You want to use every tool that you have when you are dealing with these blood suckers.

      Once you are sued, you actually want to send a request for production, but most magisterial courts won't honor that request, either. Like the other request, I recommend it for the fact that it rattles the nerves of the plaintiff, and in some cases, they do respond with a flimsy attempt at answering. In such cases, their lack of evidence is helpful in the courtroom, proving that they lacked sufficient evidence to file suit in the first place, thus rendering them without legal standing.

      Brian

    • profile image

      Simone Coelho 

      5 days ago

      Hi Brian,

      Thanks for the reply. This debt company apparently bought a debt from Citibank. Today i received a lawsuit in California saying that Citibank had charged off the debt and they bought it.

      I was under the impression that I could only ask to validate the debt before they actually filed a lawsuit. I have never been contacted by this debt collector or by Citibank. I now have 30 days to respond to this lawsuit. Are you saying to ask them to validate the debt at the same time I am responding to the lawsuit, in parallel?

      Thanks!

    • Hanavee profile imageAUTHOR

      Brian Gray 

      5 days ago from Pennsylvania

      SAC,

      If you are being sued by a junk debt buyer, you don't need to use the name of the original creditor when responding. Just use the name and address of the plaintiff.

      Send them a request for validation of the debt. Send it certified mail, return receipt requested. Give them thirty days to comply. If this makes it to court, be prepared to tell the judge why it is not your debt. Demand that the plaintiff show factual proof that verifies their claim.

      Good luck to you,

      Brian

    • profile image

      SAC 

      5 days ago

      Hi Brian,

      In your sample "Request for Production" the name of the plaintiff is identified as the credit card company. If the plaintiff is a debt collector that apparently bought a debt, not a credit card company, should I still use the credit card company name or should I substitute it for the debt collector agency?

      I am being sued for a debt that is not mine. Should I ask that they produce my social security number to compare with mine? I have perfect credit, there are no negative marks on my credit file from this credit card company. The debt is simply not mine and I got served at a different address than the last known address of the person that supposedly owes the debt. Any advice would be appreciated.

      Thanks. Simon

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 days ago from Pennsylvania

      Evan Combs,

      The issue is not whether or not you used a credit card, because showing purchases made by you on this account would suffice for that. But, what is really the issue is whether the plaintiff has a.) a binding contract between you and the plaintiff; b.) the plaintiff can prove the plaintiff has incurred damages, c.) the plaintiff can show that plaintiff has legal right of subrogation of the debt.

      Many of these blood suckers buy up a large batch of debts, tens of thousands at a time, and they have literally NO paperwork, no documentation, no trail of ownership, and they rely on fear to win.

      So, make them prove that they have a contract between you and them, make them show how they are damaged, and make them show legal right of subrogation of the debt.

      Ask them how they satisfied the debt to the original creditor ("first dollar" is the term). Put all of these items together, and make a strong defense.

      Keep the faith, make your demands, go for a win,

      Brian

    • profile image

      Evan Combs 

      8 days ago

      I went to court against Midland Funding.

      I go in front of the judge and I state that I filed a Request for Production and plaintiff has not given me any information. The judge tells me that he does not order discovery in his court. I then tell him that I am without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff’s claim, and based on that denies generally and specifically Plaintiff’s claim.

      The Judge orders the plaintiff to hand over credit card bills and statements. I then asked for a continuance so that I may look over this information. Continuance was granted and I go back on Sept 4th

      For Alabama: there are no formal pleading or documentation rules applicable to debt buyers. However, most courts will not enter a judgment without proof of the original debt and a complete chain of title, reflecting each and every assignment from the original issuer of the account to the current plaintiff.The original debt is generally proved through copies of the original contract, the account application, or account statements. Assignments can often be proved with a bill of sale for each assignment, though a growing number of judges require proof that the debtor’s specific account was part of the portfolio of accounts assigned.

      There is no discovery and very limited motion practice. The Small Claims Court has its own rules, which in some instances differ from the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence. In general, the rules of procedure and of evidence are relaxed in Small Claims Court.

      Moreover, Alabama courts have consistently rejected a consumer’s

      assertions, and implicit arguments, that the absence of a signature on a written contract, card member agreement, or other document nullifies his credit card obligations and permits him to purchase as many items as possible with complete impunity.

      Getting a bit worried now

    • Hanavee profile imageAUTHOR

      Brian Gray 

      8 days ago from Pennsylvania

      Beth,

      I outlined it for everyone in my article. Just use that model.

      Brian

    • profile image

      Beth 

      9 days ago

      Hi there thatnknu for all the information you posted. I need to find out how to find the form Request For production ?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      10 days ago from Pennsylvania

      Debbie Debbie,

      Congratulations! You did well, and you deserve to feel great. Time to celebrate.

      I doubt these blood suckers are coming back for more. You showed them that you were not going to lay down and play dead. Good for you!

      Isn't it sad to see all of those other people in that courtroom giving their hard-earned money to these creeps? Lining up like sheep to the slaughter, easy prey for these blood suckers. I'm glad you managed to escape that fate.

      Regarding the entries on your credit report, the original creditors can list these accounts, but the blood suckers who came after you cannot. Make sure that, if they have made any entries, they are told to remove them.

      Brian

    • profile image

      debbie debbie 

      10 days ago

      OMG! I have to THANK YOU for this article.

      I just went up against Midland Funding for $1300. and WON! (Sort of)

      I followed everything -Request for Production, hit them with the kitchen sink in my Grounds for Defense etc. Last week, I arrived in court, saw my name on docket even though I was well rehearsed in everything I read and what to say from your article, I still felt nervous. As I made my way to the courtroom, people were getting "deals" from their creditor lawyers so they didn't have to go to trial. For a moment I panicked and thought "where's my deal??" but nothing no one approached me. When my name was called Midlands attorney stood up and I started to walk to the judge when the lawyer said to dismiss it as a "non-suit". It was a relief. the attorney from the other side said they didn't have the evidence against me and that it was good I came to the court so I didn't get a judgment against me for a no show. I realize they have 6 months to refile but their attorney said they more than likely will not. Now that I relive it in head, I wonder if there was something I could have told the judge to dismiss it so that it couldn't be brought back into court. In any case, I am prepared to fight. Thank you for helping all of us with you articles and encouragement. Is there any way to get that debt off my credit bureaus?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      12 days ago from Pennsylvania

      IJOP,

      It can be a last grasp at saving their pride after thus admitting that they cannot win, due to their lack of sufficient evidence. If they represented Capital One, then they would have access to sufficient evidence to win. "Sending it back" to Capital One says to me that they most likely never represented Capital One, and further, if they bought this at a junk debt auction, how do they "send it back?"

      I would be surprised if anything happens after this. If so, it would probably be somewhere down the road when some other junk debt buyer buys this and starts their game.

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      12 days ago from Pennsylvania

      Lara815,

      Immediately send them a letter requesting validation of the debt. You will see a copy of how that is written, if you scroll down on my article to the additional materials section. Send it via certified mail, return receipt requested.

      Since you asked them for proof, they are most likely going to send you a bunch of useless garbage, which is why you want to send the formal request for validation of the debt. It is more demanding and totally legal.

      If they do not respond with a proper answer to the request for validation, you can use that in court and file a motion to compel. And if you are summonsed to court, yes, follow the information that my article gives. Many people have won their cases and posted how they did it, so study everything I have on here, including the many posts.

      Good luck to you,

      Brian

    • profile image

      IJOP 

      12 days ago

      I got a letter in the mail today from the junk debt collector after I sent them a validation letter. They informed me that they were closing my account and sending it back to Capital One. Have you heard of this before? I know that Capital One is known to take some of their accounts to court themselves so am I done for?

    • profile image

      Lara815 

      13 days ago

      Second Round on behalf of Synchrony bank sent me a letter from a law firm about a debt that i owe. Its 2 years almost 3 years old. I havent made a payment since 2016. They asked me how i would pay and i had to respond by phone or mail in 30 days. I called them and asked for proof of the debt. I was told they will mail it to me. If I'm given a summons, would using your advice help? Thank you.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      2 weeks ago from Pennsylvania

      Charles1969,

      They can only successfully serve you in the State of your current residence.

      Brian

    • profile image

      charles1969 

      2 weeks ago

      Thanks again Gray.

      So you are saying that even though I now live in a different state they can still serve me in the old state successfully?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      2 weeks ago from Pennsylvania

      Charles1969,

      Return of service means that they have notified the court that they were unable to serve you at this address. It does not mean that they have given up trying to find you. They could give up, or they could keep on trying to find you. It is best to fight, not run away and hide. Avoiding these blood suckers is only feeding their fire. If they cannot serve you at this other address, they may attempt to "serve by publication," or some other means, such as hiring someone to locate you. Hiding and hoping that they will go away is gambling that they give up, and you never have to face this fight. But, my opinion is to arm yourself with knowledge, roll your sleeves up, and give it to 'em. You definitely do not want to wake up one morning and find that they successfully stood before a judge without you present and got a default judgment.

      Brian

    • profile image

      charles1969 

      2 weeks ago

      Thanks Brian,

      Today online the county posted a document that stated "Return of Non-Service" Stating that after one attempt that the summons could not be delivered... What exactly does this mean? I have been unable to find anything online about this using the same wording.

      Thank you.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      2 weeks ago from Pennsylvania

      Charles1969,

      In my opinion, you should fight any case in the venue closest to your current address.

      Brian

    • profile image

      charles1969 

      2 weeks ago

      Brian Gray, great webpage, thanks for doing it.

      I am aware that I have been sued by the Credit Card Bank, only because I have received solicitations for representation in the matter. I have not been served as of this time.

      I no longer actually reside in the county/state where the Bank's attorneys are trying to sue me. They are trying to serve it at a mail drop box address I still use in FL. I am currently in NJ.

      Which state is best to fight this in? Bankruptcy is NOT an option so FL bankruptcy law would not be helpful.

      (note: i asked a shorter version of this in the Q&A section above)

    • Hanavee profile imageAUTHOR

      Brian Gray 

      2 weeks ago from Pennsylvania

      Const Mgr,

      Looks like you covered all the bases. That will cause them some heartburn.

      Good luck to you,

      Brian

    • profile image

      Const Mgr 

      2 weeks ago

      I got served by Gurstel Law in behalf of Capital One.

      The General Allegations-

      list only my Wife by name and me as J. Doe. Most of the allegations were variations of if we married or not married at the time of the debt. Guess they are trying to cover their bases.

      Breach of Contract-

      States that the defendant applied for a revolving credit card.

      There are no dates or account numbers

      Plaintiff states that we owe the sum of $1,882.32

      Account Stated-

      Plaintiff made rendered to Defendant invoices and statements.

      A full , just and true account as made which showed a balance of $1,882.32

      Wherefore, etc etc.

      No attachments whatsoever, no copies of anything... just an allegation of a debt of $1,882.31

      I have to answer this by Monday, so I just made my answers the usual "2. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff’s claim, and based on that denies generally and specifically Plaintiff’s claim."

      and then asked that the The plaintiff is not entitled to judgment because:

      1.Plaintiff's complaint fails to allege a valid assignment.

      2.Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

      3.Plaintiff has failed to state a claim upon which relief may be granted.

      4.Defendant claims Accord and Satisfaction

      5.Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

      6.Insufficient specificity in a pleading.

      7.Defendant cites Failure of Consideration whereas no exchange of money or goods occurred between the plaintiff and the defendant.

      8.Plaintiff is not named in any alleged agreement that is purported to have been entered into between Defendant and Plaintiff.

      9.Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff

      10.Defendant invokes the Doctrine of Laches

      11.Plaintiff's complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing.

      12.Defendant invokes the Doctrine of Subrogation.

      13.Defendant invokes Scienti et volenti non fit injuria.

      14.Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      2 weeks ago from Pennsylvania

      CamelJockey79,

      Any number of reasons, such as trying to intimidate you, wear you down, or just wishful thinking, but they are usually smart enough not to.

      Brian

    • profile image

      CamelJockey79 

      2 weeks ago

      but why would they reopen it again to begin with, after dismissing it?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      2 weeks ago from Pennsylvania

      CamelJockey79,

      Congratulations! Diligence and study paid off well. I am happy for your win.

      Dismissal without prejudice means that they can come back within a limited time frame, but usually, these lawyers just like to get dismissal without prejudice to save face. I would have motioned the court for a dismissal with prejudice, but, sometimes, you just take victory any way you can get it.

      Ask the judge how much time the plaintiff has to reopen the case. That should set your mind at ease. Usually, it is 30 days.

      As for credit reporting agencies, they report the original write-off by your original creditor, but if they are reporting an entry made by the plaintiff, the plaintiff should be required to remove their entry.

      Brian

    • profile image

      CamelJockey79 

      3 weeks ago

      Hey Brian! So I have great news. My situation has been going on since October 2017. In case you forgot my story, I was sued by Calvary for a credit card debt they bought from Citibank. After several court appearances, and diligently following your advice, I had the bench trial set for today and was ready to present my case on why I do not owe Calvary any money.

      So I get to court today, and Calvary's lawyer lets me know that the case was dismissed without prejudice!

      I am very happy about this and thankful for all of your help. But when a case is dismissed without prejudice, doesn't that mean that they can sue me again later on? Since the case was dismissed, can I request it be taken off of my credit report?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 weeks ago from Pennsylvania

      ElPorro,

      The clerk of the court has advised you correctly. Send the letter to the court the way the clerk advised you to, and it will be given to the judge who is assigned your case.

      It is a difficult task to fight this solely on the fact that it was served on a family member at your former address, because, eventually, the correct address gets on the records, and you get served properly. However, it is still something to point out as sloppy record keeping by the plaintiff. If they can't even get your address right, what else have they gotten wrong? Nonetheless, I always advise fighting them rather than running away. Ignoring this summons just because it went to the wrong address is just postponing the inevitable. Study, and go after them hard. Fight to win.

      Yes, you may as well take your letter of extenuating circumstances to the clerk of the court in person. Try to build a little rapport with the clerk so that the clerk thinks of you as someone who is honest, upstanding and courteous. That goes a long ways.

      Go ahead and send a request for production to the plaintiff. It lets them know that you are not running away, and that you are going to make it difficult for them.

      Brian

    • profile image

      ElPorro 

      3 weeks ago

      Brian,

      Thank you for you feedback. I just want to clarify that my old address from 10 years ago is in the same city in which I currently reside. Should I still mention in my letter that I was improperly served? I just saw on an additional page to the warrant that stated "Delivered to a family member age 16or older..." However, nothing is checked off of that nature. It has a signature that a copy was mailed to the address therein. It's basically a page showing how it was served and giving instructions of objection to venue. The case would be heard in the same venue as my old address anyway.

      Also, since I am briefly in town, would it be better for me to take my letter of extenuating circumstances directly to the clerk's office and get a stamped receipt rather than send it through certified mail? The clerk told me on the phone that I couldn't send to a judge because they don't know who will be in that courtroom on that date. She said send the letter to the courtroom stated which makes me nervous that it isn't directed to someone.

      Lastly, if the judge accepts my extenuating circumstance letter, would he/she set another return date for me to dispute or just set a trial date? Should I request the Bill of Particulars now or wait for the trial date to be set? Is this original date on the warrant just for me to state that l'm defending myself and want to go to trial? Under the section where it states I must appear to dispute, there are two lines underneath. One stating: Bill of Particulars...ordered...due. The second: Grounds of Defense...ordered...due. Is that something they would determine on the first date in which I'm requesting a trial?

      I have read a lot of the article already and may have confused myself a bit.

      Thanks for you help

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 weeks ago from Pennsylvania

      Jan,

      I am puzzled as to why you would be receiving a "second" summons. Nevertheless, contact the clerk of the court and ask them what is the actual status of all of this. It should be simply that you are being sued, and a court date being set. If a court date has been set, notify the court that you intend to appear.

      Meanwhile, nothing they have sent you proves their case. It sounds typical of these blood suckers to buy a huge batch of bad debts, along with little or no evidence, and then they come after you with every scare tactic possible hoping that you will just fold. Once again, what they have sent you proves nothing.

      Further, you sent a letter requesting verification of the debt. If they did not satisfy that request sufficiently and within 30 days of receiving the request, they are improper in going forward with a suit. Research all of the requirements for proper satisfaction of a letter requesting verification of a credit card debt.

      Also, research the statute of limitations in your State. Make sure that this is not time barred.

      Good luck to you,

      Brian

    • profile image

      Jan 

      3 weeks ago

      Hello Brian,

      I enjoy reading your blog, and was wondering if I could pick your

      brain for a situation I recently found myself in.

      I am located in Michigan. About four an half years ago I received a

      collection notice from an Attorney. I then sent a verification letter. After a few months, I received a collection letter from different Attorney firm. I then sent another verification letter. I thought this was over until now.

      I recently had a Summons and Compliant taped to my front door by the Sheriffs Department. In this order, the papers consist of, (1) Second Summons and Complaint (stamped). (2) Order Regarding Alternate Service. (3) Second Summons and Complaint (copy). (4) Motion For Second Summons And Order. (5) A Military Service Affidavit. (6) 2 Credit card Statements from five years ago.

      There is no Complaint in the pack of papers, so I have no idea how to answer this. I am wondering, with all time that they have been trying to serve the papers, somewhere along the way, maybe even the courts, the complaint was missed, or forgotten. I have been looking online, and see where some Attorneys say to call the Plaintiff's Attorney or the courts and ask. Is it only mine, that is

      missing the Complaint.

      It doesn't seem like I should have to be calling around to find the Complaint.

      All the papers say Plaintiff's name B.O.A. n.a.

      I am lost on this one, could you PLEASE help.

      Thank you.

      Jan

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 weeks ago from Pennsylvania

      ElPorro,

      Send a letter to the judge and court specified by the clerk of the court. Send it immediately and by certified mail, return receipt requested. This is proof that you replied in a timely manner, and you might need it later.

      In the letter, state that you have not been properly served, tell the court what your correct address is, state that you wish to defend yourself in court, and that this case should be heard in the venue of your current address.

      Explain to the judge why you cannot be there in person. These are called extenuating, or mitigating, circumstances. I think any reasonable judge should rule that anything less than moving your case to the venue of your address would be improperly prejudicing things in the favor of the plaintiff.

      Once you get a trial date in a court that is located near you, study my article, the posted additional materials, and especially research the many posts on here from people who outlined their winning strategies.

      Good luck to you,

      Brian

    • profile image

      ElPorro 

      3 weeks ago

      Hello Brian,

      Thank you for such an informative article. I have a few concerns with my case. I live in Virginia and I received a warrant in debt from Cavalry SPV I, LLC (assignee of Citibank). This is for a Best Buy credit card. The attorney's office/Plaintiff is in Rockville, Maryland. It was sent by 1st class mail on 6/26/18 but I received it late because I haven't resided at that address in 10 years. A family member lives there and held it for me. She said the Sheriff put one on the door about a week after that.

      The Affidavit of claim that is attached to this warrant is signed by an attorney in Weschester, NY. That document heads with State of NY County of Westchester VS. my name. This affidavit states that the account was purchased in March 2018 from Citibank, yet it was charged off in 2016. The only other supporting documents are a statement from 2015 and one from May 2016 that don't show what was purchased in my name...only late fees. A bill of sale is included with Exhibit 1/1(A)of a bulk sale.

      I live in Norfolk, VA. There is no Best Buy in Norfolk. The closest Best Buy to me would be in Virginia Beach. Should they have filed this in Virginia Beach courts instead of Norfolk?

      I will be out of the state for a mandatory training on the court date set. If I can't make this training, I will lose my position because I already had to postpone my training by a month due to my child being really ill and in hospital. Therefore, I will be unemployed again. They did not give me a time in which to provide an answer. The warrant in debt just states "To dispute this claim, you MUST appear on the return date for the judge to set another date for trial." I want a trial but I CANNOT miss a single day of this training. I called the clerk and she said I could write a letter to the judge but no judge is mentioned on the warrant, only a court room. She said the judge wouldn't even see my letter until the case is called that day. Do you have any suggestions for me?

      Thanks

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 weeks ago from Pennsylvania

      Marie,

      It doesn't pay to keep trying to avoid these blood suckers. They won't stop until they have their court date, then they hope that they have scared you sufficiently that you won't show up, thus giving them a free win. Make them fight for it, and more so, try to beat them.

      You could fight them on the technicality that they have not properly served you, but that would just lead them to find you with the help of the court, and you would be right back at the starting point. My best advice would be to contact the clerk of the court, and let them know that you intend to be present for any trial. Then study my article, study the following materials that I have posted, and study the many posts on here for the free information on how others took on these same blood suckers and beat them.

      Good luck to you,

      Brian

    • profile image

      Marie 

      3 weeks ago

      Today I searched online resources for an unrelated case and discovered that

      Midland Funding is suing me. ( silent screams) . They have been trying to serve me ( at old addresses) for about a year now but I was never served .On the courts website I notice that there is a date scheduled

      For the 30th of this month ,which is only 6 day away ,

      how do you recommend I move forward?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 weeks ago from Pennsylvania

      Staci,

      You should attend this trial setting conference, because this is when the plaintiff asks the judge to set a trial date, and you may want to suggest dates that are suitable for you.

      Contact the clerk of the court and ask them what you need to do to comply with attending this trial setting conference.

      Your request for production always goes to the plaintiff.

      Brian

    • profile image

      Staci 

      3 weeks ago

      Thank you Brian - so helpful ... and one more question. I realized that what I received is not a summons. It was delivered by regular mail and it's PLAINTIFF'S NOTICE OF TRIAL SETTING CONFERENCE. It seems to be a notification but it does not ask me to appear. It gives me department and the court address but no judge.

      Do I send the notice that I am representing myself and the "Request for Production" there, or is this not the actual court date and what do I do relating to this letter?

      Thanks so much for your assistance!! It's so foreign to me!

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 weeks ago from Pennsylvania

      IJOP,

      If you have not been served a summons to court, you will need to wait until the summons arrives. I was under the impression that you had already been served.

      Nonetheless, if the junk debt buyer indicated that they had filed suit, and you then sent them a request for production, I think you still have a chance to ask for dismissal based on their lack of response to your interrogatory.

      Brian

    • profile image

      IJOP 

      3 weeks ago

      Brian,

      I sent the validation letter to the junk debt buyer before being served so I don't know which court to write to. I would need to wait until I am served, correct?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      3 weeks ago from Pennsylvania

      IJOP,

      I would file a motion with the court to dismiss based on the fact that you are trying to defend yourself properly, and the plaintiff is refusing to answer legal interrogatories that are necessary to your defense.

      The judge may deny the request, the judge may order the plaintiff to comply with a motion to compel, or the judge could just dismiss the case as requested. Nothing ventured, nothing gained.

      Brian

    • profile image

      IJOP 

      3 weeks ago

      I took your advice and sent my junk debt buyer a certified letter requesting validation of debt. Today marks the 30th day and I have yet to receive a response from them. What can I expect to happen next and should I proactively do anything?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      Staci,

      One way to know for sure if this is the actual original creditor is to send them a request for production. If they give you every item requested, then it is the original creditor. Anybody else is not going to be able to give you the signed original contract and everything from that point on, and therein lies the answer to who is actually suing you.

      If it is American Express, then they still have to follow the rules outlined. And also check the laws pertaining to statute of limitations in your State.

      Brian

    • profile image

      Staci 

      4 weeks ago

      This information is incredibly helpful - I am going to court in a few weeks.

      I am being sued by American Express and they are notoriously nasty - do all of these same rules apply? This card is many years old and I imagine they wouldn't have every piece of back up. But am curious if all of the same words and instructions apply with the actual creditor? Thanks!!

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      Lydia,

      I always say, if you can afford an attorney, by all means, hire one. I will say, $200 to simply respond to the summons is a bit high, since all you do to respond is send the answer back to the court that you will be attending court and defending yourself. Unless there is more demanded in your summons than just an answer saying that you are going to attend your court date, then responding to the simple summons does not require an attorney. But, if your summons is complex, then the $200 is well spent.

      I will say, if you have an attorney responding to your summons, it does give the plaintiff something to think about.

      Brian

    • profile image

      Lydia 

      4 weeks ago

      Hi,

      I am currently being sued by Cavalry SPV for a debt I owe to walmart. I got served on Friday and need a reply in 14 days. They claim I owe them that debt, and are stating they are suing in behalf of walmart. Now, I called a couple of lawyers in the area and one charges me 200 dls to do the reply, and another 1000 dls to do the whole process. I don't know what to do. Im being sued for 3700 dls. What would be the course of action I should take? Thanks.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      James Biagi,

      My best advice is always to try to retain a good attorney. Only fight these pro se if you cannot afford to hire an attorney.

      The amount of material they have provided is, in my opinion, insufficient to win, unless you let them get away with it. They lack sufficient proofs to have even filed a suit in the first place, and if you study the many posts on here, you will see this discussed and outlined often. In order to file a suit in the first place, the plaintiff must have in hand, at the time of the filing, sufficient proof to win their case. What they have shown is a lack thereof, which means they lack legal standing. However, you have to be able to prove this, and one way is to show that, any list of questions they fire at you as interrogatories, is nothing more than their lame attempt to get you to answer what they could not, to provide what they do not have, and is thus an admission that they lack legal standing.

      At least consult with a good attorney, particularly one who specializes in "winning" these types of cases, not in "settling" for money from the defendant.

      Good luck to you,

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      Benny,

      From the details that you have given here, I would pay for a one-hour, private consultation with a good attorney.

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      MITZ90,

      They buy up thousands of accounts at a time, then try to win as many as they can by filing countless law suits hoping that the majority of the people being sued will not show up in court. They then win by default without ever having to prove their suits. Very sad!

      So, you fight back by sending them a request for production, which lets them know that you are not going to run and hide, but that you are going to give them one hell of a fight. Next, you study my article, and you read the many posts on here from people who have written about their battles and how they won. Do your homework. If you want to win, you will study long and hard. It is a free library.

      Brian

    • profile image

      James Biagi 

      4 weeks ago

      Hey Brian,

      amazing article and information you have here, you're really doing some good work here by helping all of us less legally-sauvvy folks out.

      i was just served a summons over the weekend by a debt collector (JH Portfolio Debt Equities), the legal attorney/group provided an Exhibit A and B.

      Exhibit A is a printout of what appears to be my credit card statement with some information blacked out. the statement does not include the entirety of my account rather it is just one billing period.

      Exhibit B appears to be a statement summary, also an online printout of my account that details my balance and payment due date from the original credit card agency.

      what are my options here and is what they provided considered a Request For Production? in other words, would it be redundant to make a formal request to the Plaintiff and their legal representation for this?

      Also, should i hire an attorney or try to battle this out myself? i'm curious what the odds may be.

      cheers!

    • profile image

      Benny 

      4 weeks ago

      Hi, I have a tow debt of $4000 in California. I was summoned to court with a collection agency. I tried settling with the tow yard and now the collection agency to avoid he court system but may just go in in and fight it. Any advice for me?

    • profile image

      MITZ90 

      4 weeks ago

      Good morning ~

      Thank you for your invaluable service. I am being sued by Calvary for a purchased CitiCard debt (home depot). Is it ok in the response to summons to ask for the additional documentation. Are they required to provide detailed information on the sale, my Exhibit I that was provided as a Bill of Sale that does not include my info, but then Sale ID, that most information is blocked out, as well as an additional Exhibit 1 that shows 4 digits of my account, balance address, and my SSN blocked. I know they are buying in bulk, can I request more information as a possible way around this. I was also only provided the last statement from Citibank not all information.

      Do you have a way that would be best to respond to this junk buyer. I have heard Calvary is bullies, and they were harrassing my employer, when I was off work. Any guidance is greatly appreciated.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      Mary Chavez,

      Thanks for writing. I will have to re-read the spot in my article where I seem to advise sending the request for production to the court. People should send that only to the plaintiff.

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      I just received this one from one of my readers, and I hope they don't mind me sharing it:

      Dear Brian

      Your article on how to fight a debt collector that is suing was invaluable. My husband had 2 old unpaidcredit cards that had long ago been sold to debt collection agencies. He received a summons from a law firm and we were stressed out and worried until we found your article. We followed everything you said to do. We did not ignore the two summons, but showed up to court. We were shocked to hear the docket and see that one lawyer shows up every Thursday at court for 10+ debt collection suits. Only 2 defendants showed up, the rest were automatically ruled against since they were no shows. So every week they probably have 10 ormore no shows that are ruled against. My husband told the lawyer he wanted a hearing, he used your arguments regarding a lack of any contract between he and the debt collector and no signed contract showing his original contract with the credit card company, etc. We left having no idea how the magistrate would rule, but I thought it a good sign that the plaintiff’s lawyer had no rebuttal to his defense. A week later we received letters from the court saying my husband won both cases and owes nothing, and the companies can no longer come after him because he asked that it be ruled with prejudice which the magistrate did. Thank you so much for your article and help! We are happy he decided to fight them and won thanks to you!!

    • profile image

      Mary Chavez 

      4 weeks ago

      Thank you so much for answering so fast. You really are dedicated to your blog. For some reason my comment didn’t post when I did it.

      You are right when you say that even if the time to file an answer has expired, try doing it. The clerk at the court can tell you if you still have time to do it. There is too much to learn about these processes and having a person like you to answer questions is really valuable. Thanks you so much for all the time you dedicate to us!

      I noticed people are asking about sending the request for production to the judge and I think that is because you say to do so on the article. After reading the Q&A I learned that it should only be sent to the plaintiff. Thanks again!

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      Moby12,

      The request for production is always sent to the plaintiff, not to the court. I would send the plaintiff a request for production as well as a request that they show legal right of subrogation of the debt.

      The summons may ask you certain questions, but usually, it is just your plea, and you don't need to elaborate. Just answer that you deny their allegations and wish to have a trial.

      Brian

    • profile image

      Moby12 

      4 weeks ago

      Thanks again Brian.

      Basically, I received the letter from the court stating I'm being sued. The only form attached to the court's letter was a single page complaint from Midland's attorney stating very basic information about the account (my name, last 3 of my SSN, and last 4 of the account number) but nothing else besides that they are seeking the sum of the debt from me. Would it be correct to send a request of production along WITH the answer that I don't agree that I owe them? Or should I answer first and wait for a response before sending a request of production?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      Moby12,

      I sometimes suggest using that answer, even when it is not correct, because it puts work back on the plaintiff to complain and do something about it. But, in the case of this question, it is true that the plaintiff has not made it clear why you owe them money. So, in my personal opinion, I think the answer fits.

      Since I don't have all the particulars of your case, I am not sure that I could answer that second question regarding "a contract dispute." I don't know what contract is in dispute, nor who is disputing what.

      Brian

    • profile image

      Moby12 

      4 weeks ago

      Thanks Brian,

      When answering the complaint, would it be sufficient to us " Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff’s claim, and based on that denies generally and specifically Plaintiff’s claim." as a reason to why I do not owe the plaintiff the monies being claimed?

      Also, they're suing on the basis of a contract dispute. I do not have a contract with Midland and therefore should be the wrong basis to be sued on, correct?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      4 weeks ago from Pennsylvania

      Moby12,

      Research the plaintiff online. You may find some interesting things about them. Just type in "Midland Funding adverse court actions."

      As far as how to handle the activity in New Jersey, pretty much the same as everyone else who has posted. Although some States do send these cases to higher courts, most handle them through the lower magisterial court system, which is what I typically refer to. Some States also require arbitration, so research what your State requires. If need be, contact the clerk of the court listed on the summons, and see if the court is magisterial. If it is moved to a higher level court for any reason, then my best advice always is to pay for a one-hour, private consultation with a good attorney.

      As for the harassing phone calls, document the times and the conversations. You may use that in court. Tell them when they call to cease and desist, and warn them that, if they persist, you will seek legal action against them. If you have their mailing address, send them a certified letter, return receipt requested, and demand they cease and desist. The letter is legal documentation and proof of your demands should you end up suing them.

      Brian

    • profile image

      Moby12 

      4 weeks ago

      Hi Brian,

      I just got served a letter stating I'm being sued for Midland Funding LLC by Attorney Pressler Felt & Warshaw. After reading your article, which is excellent by the way, I plan to go forward and fight this. What is the proper way to answer this allegation in the state of NJ? Also, if I felt harrassed, I mean 4-5 phone calls per day by Midland, is there a way I can use that as ammo when the time comes in court? Thank You

    • Hanavee profile imageAUTHOR

      Brian Gray 

      5 weeks ago from Pennsylvania

      Renee SB,

      Standard procedure for junk debt buyers is to convince you that it is your original creditor coming after you. They skate very close to the edge of illegal action when they make their claims, because it is illegal for them to say that they are working directly at the behest of the original creditor if they are not.

      The common method used by creditors is to write off a debt after six months of inactivity on the account. Some time after that, they sell it to a junk debt buyer at a bad debt auction. In the vast majority of cases, this is what people are up against when they receive a summons. However, if you owed a huge amount, like $10,000 , and the account was only inactive for two or three months, the original creditor might opt to have their own legal department pursue you. Nonetheless, it has to be worth the time and legal fees for a credit card company to come after you, and only you know this amount. My guess is that you are being pursued by the typical, unscrupulous, junk debt buyer.

      Send them a request for legal proof of their right of subrogation of the debt. That will give you the answer.

      Brian

    • profile image

      ReneeSB 

      5 weeks ago

      I've received a summons and complaint. It says that Discover Bank is the plaintiff. One of the documents that they had with the complaint is an affidavit from someone that says she works at Discover. It has my name, account number, the day the account was charged off, and the last payment.

      The last sentence says I owe the Plaintiff xxxx.xx. Since Discover is the plaintiff, does that mean Discover is suing me?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      5 weeks ago from Pennsylvania

      Adam,

      The rule of thumb is usually this: if the account has not had activity on it for more than six months, the chances are great that the original creditor has written off the debt. If the debt is small, the creditor will usually sell if off to a junk debt buyer at a bad debt auction. One way to tell is to send a request to the plaintiff asking for them to show their legal right of subrogation of the debt. They will then show you that they bought the debt, and you will have your answer.

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      5 weeks ago from Pennsylvania

      Adam,

      The rule of thumb is usually this: if the account has not had activity on it for more than six months, the chances are great that the original creditor has written off the debt. If the debt is small, the creditor will usually sell if off to a junk debt buyer at a bad debt auction. One way to tell is to send a request to the plaintiff asking for them to show their legal right of subrogation of the debt. They will then show you that they bought the debt, and you will have your answer.

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      5 weeks ago from Pennsylvania

      Peter,

      As soon as you receive the summons, file your intention to appear in court within the time limit posted on the summons. Then, send the plaintiff a request for production via certified mail, return receipt requested. Even though they may not answer, it lets them know that you are not going to hide and let them win a default judgment.

      Then, go to the bottom of my blog and read all of the information I posted from Rodney Miner. Very valuable information contained in that. You'll be glad you read it.

      Good luck,

      Brian

    • profile image

      Adam232 

      5 weeks ago

      Capital One Bank (USA), N.A. is listed as the plaintiff. Will the above process still work or not? I have a feeling they will have more info to provide than a debt collector that purchased a debt.

    • profile image

      Adam 

      5 weeks ago

      Will this work if I am being sued by Capital One and not a collection agency? Capital One Bank (USA), N.A. is listed as the Plaintiff and they have an attorney in Tx representing them.

    • profile image

      Peter 

      5 weeks ago

      Hi Brian,

      I was sued 2 years ago by Bank of America and I ignored the court date and they end up with a default judgement.

      This time looks like Calvary filed a lawsuit. I have not been served yet. Whats the best course of action right now?

    • Hanavee profile imageAUTHOR

      Brian Gray 

      6 weeks ago from Pennsylvania

      Mary Chavez,

      Several things that you should note from my article: one is the demand for an accurate accounting of the amount alleged owed, and another is the request for production. You see, your defense is two-fold: make them prove the amount that they are alleging is owed (such as the request for production), and make them prove that they have a right to this debt (such as the request for them to show their legal right of subrogation of the debt).

      People argue all the time about the proper time to send a request for production, but the reason I tell people to send it as soon as possible is to send a signal to the plaintiff that you are not going to roll over and play dead so that they can get a default judgment. Even if your request is denied or avoided through other means, you have kicked the door open, and it allows you later to ask questions and get answers with the judge's sympathies. If you have not been sued, the thing you want to do is to send the letter requesting validation of the debt. Once sued, send the letter requesting production.

      Brian

    • profile image

      Marychavez 

      6 weeks ago

      I can’t tell how many times I have read your article. It has very very valuable information. Thank you so much for sharing it.

      Midland sent copies of some statement in the summons documents (the ones creditors send every month with your payment due) and also information about the date I opened the account and the amount of my last payment. Is that proof enough that I owe them the balance? Or can I go ahead and file my answer and send the plaintiff the request for production?

      I also have another collector that is sending letters trying to collect from another bank. Should I send them the request for production to them also? (They haven’t sued me... yet)

    • Hanavee profile imageAUTHOR

      Brian Gray 

      6 weeks ago from Pennsylvania

      Be,

      Thank you for reading my article. May it be of some help to you in your journey.

      Brian

    • profile image

      Be 

      6 weeks ago

      Very informative read! I will keep this link in my back pocket! Thank you!

    • Hanavee profile imageAUTHOR

      Brian Gray 

      6 weeks ago from Pennsylvania

      Dolly1973j,

      Congratulations on a job well done! You hung in there, you did not let them wear you down, you put up a great fight, and you deserved to win. Kudos to you!

      Regarding your question, my first inclination is to say what I would do, and that is, I would send a notice to Comenity/Serta and inform them that, since they sold all rights to this alleged debt, they have no right to report it to a credit reporting agency. However, they might just say that they are merely reporting what they did with the account. You might need an attorney to get them to see the light, since selling their rights to the alleged debt removes their rights to collect further on it, and that, in my opinion, should also include reporting it to any credit reporting agency.

      Brian

    • profile image

      Dolly1973j 

      6 weeks ago

      Hello Mr Brian Gray, it has been a while since I have been on here but I figured I would give you a bit of a break from me. Oh, and by the way the Plaintiff did not show up to the hearing and the judge did not seem very happy and he dismissed the case. So now I'm on to my next removal on my credit report and with your guidance I'm sure it will be a another success. This is between Comenity/Serta whom are the original debtors, they then sold it to Midland Funding and Midland Funding does have a consumer first creedo they uphold and debts owed to them can in fact be deleted from the credit bureas if you have a medical conditon with verifiable documentation. I do have MS so I have all of the documentation that is requested and I have sent that cerfied mail to Midland Funding three separate times, with Midland stating they did not receive the documents any of those three times. I finally filed a complaint with CFRP and the first report I included a report and they answered they wanted another report instead and closed the complaint. I put together another complaint and included the documents they had asked for and today June 27, 2018 I receive my answer that they are ceasing all collections, their will be no more further collection activity, their will be no sale of the account.The three credit reporting agencies have been notified to delete this account from my consumer credit files.There will be no sale of the account. A copy of this has been sent to the three credit agencies. Yay!!!! So here's my question. Midland Funding bought this debt from Comenity/Serta. Comenity/Serta is still reporting on three credit bureau's but was sold to Midland. Is their any way to get Comenity/Serta off? This is the last this "bad" mark on my reports. Thanks

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      BlueWall,

      Great job! Kudos to you for persistence and studying well. You deserve to celebrate.

      The court should notify you by mail, but just in case, contact the clerk of the court and see how they plan to notify you.

      Brian

    • profile image

      BlueWall 

      7 weeks ago

      Hi Brian,

      An update: my case was officially dismissed!

      Plaintiff sent me a notice for dismissal in the mail on the day that I was going to send them a CCP 96 request, but I suspended my belief till the case status was changed online. The notice was check-marked "dismissed without prejudice" but the case status online only says "dismissed". Will the court send me an official notice in the mail or do I request it?

      Thank you for your assistance and support!

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Joe Zacharias,

      Yes, you should know the identity and the official status of the person who served you. I would pay for a one-hour, private consultation with a local attorney to get his or her take on this. And check with the clerk of the court and ask what the procedures are in your locale for service, also, who may serve.

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Charandkids,

      Once you have received the summons, it is too late in most cases to get the plaintiff to respond to the request for production. But, speaking for me, personally, I would still send it, because even if they do not respond to it, it lets them know that you are going to cause them heartburn. And if they do not respond, then I would ask the court for an extension and request that you be given this extension so that you can send the plaintiff these interrogatories.

      If all else fails, ask for production in the court trial. You want the judge to see these demands and see the response from the plaintiff.

      Brian

    • profile image

      Joe Zacharias 

      7 weeks ago

      I was served without a certified mail. Some guy was at my door and asked who I was . He handed it to me and walked away. Is there something I should know ?

    • profile image

      gabesdaddee 

      7 weeks ago

      Charandkids,

      Same thing happened to me. And I find myself in the same situation. Yes you can. Good luck.

    • profile image

      charandkids 

      7 weeks ago

      I never responded to collection agency letter of notice to collect on debt or verify the debt. Now I have to answer a court summons. Can I still send a letter of production to lawyers & Collection Agency via certified/return signature? Or am I to late to ask for that information? And do they have to produce that info to me still? Thank you Char

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Gabesdaddee,

      Yes, you can.

      Brian

    • profile image

      gabesdaddee 

      7 weeks ago

      Brian,

      Thanks for the information. They want it as proof of residency. I guess I can give a utility bill instead.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Gabesdaddee,

      I don't know when you would be required to provide a copy of your drivers license. That's a bit unusual in these cases. For what reason is your drivers license being requested?

      Brian

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Gabesdaddee,

      When you are asked to provide documents that you do not have, there is no law that says you are supposed to be a record keeper. Simply state that "defendant is not in possession of the requested documents," and do not elaborate.

      Brian

    • profile image

      gabesdaddee 

      7 weeks ago

      Brian,

      I forgot to also ask in my recent question, do I need to provide a copy of my drivers license as proof of residency?

    • profile image

      gabesdaddee 

      7 weeks ago

      Brian,

      Sorry to bother you again, but I am confused if I should use the "Defendant is without..." to a question in Certified Answers. The question is asking me to attach all documents. Obviously I do not have these.

      Is it appropriate to answer that way? Thank you very much for having such a great site and for you helping all of us.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Charandkids,

      You're welcome. Good luck to you.

      Brian

    • profile image

      charandkids 

      7 weeks ago

      Thank you. I will send the request of production to the plantiff (lawyers). What I found is the lawyers are in Nashua, NH, yet they gave the Las Vegas, ND address on the court papers. I googled the lawyers names and will send my request to the Nashua address as well as the Nevada address. Thank you for the interesting read on this, very insightful. Char

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Charandkids,

      A request for production is sent to the plaintiff, not the court (or judge). You can show in court that you sent a request for production, especially if you received no answer, but you don't want to wait until you are in court to send this. If you get to court, and you have not had the opportunity to send a request for production, I would introduce the request right then and there by telling the judge that you are not a lawyer, and that you are simply trying to defend yourself and are asking for your right of due process of law. If necessary, if the judge does not allow this indulgence, ask for an extension so that you can properly request production and prepare to defend accordingly.

      Brian

    • profile image

      charandkids 

      7 weeks ago

      I received court papers from lawyers who are suing me for credit card debt. They attached Exhibit A which is just a typed up paper saying the following: Exhibit A: I had credit account with name bank, showing account number last 4 digits. That I knew or should have known from account statements to timely dispute or otherwise repay charges. Attached statements (there are none, Just on court document) of balance owed. When and amount I last paid on credit card. When collection company acquired all rights, title, and interest and is the owner of the account by way of assignment. See attached exhibits appended hereto, which is incorporated by reference herein. Demand of payment by collection agency back in December.

      My question is can I still send a request of production to lawyers and judge? Your help in this matter would be greatly appreciated. I understand you are not a lawyer. Im just looking for clearification on request for production letter and if Im still able to send one. Thank you. Char.

    • Hanavee profile imageAUTHOR

      Brian Gray 

      7 weeks ago from Pennsylvania

      Thebammy,

      Why they think that they can get away with this is puzzling. They have to sue you in the county in which you reside. If you can, I would recommend speaking with a local attorney, even if all you do is pay for a one-hour, private consultation. It will be money well spent. If you cannot afford that, I would recommend contacting the clerk of the court in which they are suing, and file for a motion for objection to venue. This tells the court that the plaintiff was shopping around to make it hard for you to appear, thus attempting to guarantee a default judgment for the plaintiff. List this as part of your reasoning to have the trial moved back to your locale.

      Here is an interesting article for you to read on drafting answers:

      http://skibalaw.com/how-to-draft-an-answer-to-a-de...

      Brian

    • profile image

      thebammy 

      7 weeks ago

      Brian, I can not tell you how long I have searched the web for some insight- and thank you for delivering. Although my dilemma is not only ongoing, its like nothing I have ever seen before.

      To summarize, my wife and I have "Loyalty status" with Ford. (allegedly)

      one of our 3 cars, which my son was driving had to be returned, as ford refused to refinance to 0% as promised. Both of our other cars are 0% interest.

      Now the crazy part, we get served in August of last year, and were given a time frame to respond, I did so in a timely fashion, and after 6 months, never heard back. This occurred in Ellis County Texas where we live. 6 months later, no further action in the case has happened.

      In April of this year, we receive a Letter from a Tarrant county court (1 hr away) where we neither live, nor purchased the vehicle from Ford. That all occurred here in Ellis county. In April this year, we receive a signed order from Tarrant county judge "reinstating" a case we did not know was pending. We then receive a letter of the request for reinstatement from the lawyer/debt collector, citing the cause no. for Ellis county on front page, while citing Tarrant county cause no. on all other pages. So it would appear they are attempting to sue us in two counties at once for same alleged debt. We were never served a petition for a case in Tarrant county, and never received anything requesting a response at any time in Tarrant county.

      I am at a loss, and this battle in two counties is an obvious hardship, plus I travel for a living.

      if you could share any thoughts on this, it would be greatly appreciated. it has been suggested to me that I concentrate on getting this dismissed in Ellis county, and if judgement occurs I Tarrant county, that I should sue in federal court for damages. I am not after damages, am looking for having my life back. All of my time has been dedicated to fending this off.

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