How To Beat Debt Collections
You Can Beat Debt Collectors…
I understand how you feel. They came after me for $7,658.43 to be exact… but I beat them and WON!
It can be the same for you.
Life was going pretty good for me; good income, great credit, bills paid early every month…until…the vicissitudes of life. After a divorce, the housing market crash and the recession, I had to make some tough decisions…which bills would I pay. Or more accurately which bills could I pay.
It’s Not Your Fault…
Bad Things Happen To Good People.
I had to stop paying some bills out of necessity and it bruised my ego as well as my credit. The letters began to pile up and the phone calls came in like a flood. After a while, I just stopped answering my phone and opening letters. You know what I’m talking about…
You may be going through what I did and perhaps I can offer a little peace or help.
You’re being sued!
One day after working all day, I came home to find a summons stuck in my front door.
What the ….
I thought, “I should have opened all those letters that were coming in the mail after all.” Even though I wanted to settle I simply didn’t have the money. I prayed it would go away.
I needed to do something about the lawsuit fast or face a default judgment in the amount of $7,658.43 and have my wages garnished. I’ll be honest…I was a little scared. Okay, I was a lot scared…
This Is What I did…
I wrote the court a letter within the allotted time to respond and mailed a copy to the law office representing the collection agency. The court scheduled a pre-trial hearing.
I then did what everyone does…asked friends and family who have NEVER been through what I was facing what they would do.
Please Don’t Do That…
I was given a lot of bad advice. I was told, “Only a fool represents himself in court. Get a lawyer!” Every debt collection attorney I called told me that they couldn’t help me. Even if they could I was not able to afford one.
In the summons I received from the court the Plaintiff outlined accusations against me, which sounded very serious. In the letter I sent to the law office I asked to have their client provide information to me about the debt. I admitted to nothing and agreed to nothing.
No Teeth… All Gums
I did more research and reading. I realized that they were saying a lot of things but lacked any real evidence.
Just to clarify, ONLY in a criminal case is one innocent until proven guilty. In civil matters a judge rules based on law and what he believes is true. Debt collection is civil not criminal law.
At the pre-trial hearing, the attorney representing the collection agency showed up with nothing to give me, however, she did have the nerve to ask me to settle with them. I told her I would not settle unless her client could provide me with the information I requested.
Here’s the nugget of truth that you need to hear…
They DID NOT have it!
Remember, I already sent them a letter a few months prior to this initial hearing asking them to provide me information.
Something Smells Fishy…
The judge then scheduled another pre-trial conference because we didn’t agree on a settlement.
I sent the law office representing the collection agency another letter, some emails and left phone messages asking for exchange of information since this was the “discovery period.”
They offered no response.
At the second pre-trial hearing, the law office sent an “independent attorney-for-hire” that didn’t even work for their firm. The lawyer “for hire” showed up with three items. All were completely bogus.
He gave me an affidavit from the process server indicating the process server positively identified me upon service, which was not true, a document of a debt collector who purchased the debt from the original creditor who then sold it to another debt collector.
Neither one of the two was the Plaintiff.
He gave me another affidavit from the Plaintiff (collection agency) that stated they owned my debt. He then had the nerve to ask me to settle the debt right then and there.
I’m not an attorney, and I don’t play one on tv. Why would anyone settle in this scenario? The judge said we would go to trial to have him settle the case. The trial date was scheduled three months out.
This Is What I Believe…
I felt the judge was favoring the law office. Maybe because I didn’t have a lawyer representing me. “Only a fool represents himself.” I was frustrated with the Plaintiff ignoring my requests to exchange information.
I let the judge know that the law office was not providing me information I requested from their client and that it had been going on for the past eight months.
He told me, “Be patient and give them more time because they are very busy.” Really?
I’m going to give you my opinion about unsecured debt, which is what this case was all about… a credit card. I believe in paying what one owes but when one has more money going out then coming in one becomes insolvent and, therefore, one must make tough decisions.
Some call it being stuck between a rock and a hard place.
I think debt collection companies that purchase junk debt are morally bankrupt. People who are broke can’t pay. The banks inflict their damage to the debtor and the score is settled.
To have another company (many debt collection agencies are owned by lawyers) come around and purchase the bad debt for pennies on the dollar then use bully and scare tactics to collect the FULL amount is wrong.
The poor person HAS ALREADY settled the score with the ORIGINAL CREDITOR!
Do I pay my bills… Do I file bankruptcy… Do I ask family for help?
Decisions, Decisions, Decisions.
When the creditor (the bank) and I entered into an agreement with regards to a credit line, there was a clear risk that someone might get hurt or lose. All contracts present the same risk. In my case and in my opinion we both lost.
The bank took a hit in that they didn’t recoup what I said I would pay them so they charged off the debt loss, wrote it off for a tax break then sold it to a junk debt buyer aka debt collector.
My credit and FICO® scores took a nose dive because of late payments and a charge off. Ouch!
In my opinion, I suffered the greater damage because of all the backlash that goes on forever…flood of phone calls, piles of letters, numerous court appearances and the huge amount of the time I spent studying, researching, writing letters and stressing about what I would do.
I also have to rebuild my damaged credit and will be frowned upon by all the banks and lenders.
Back to the case…
Happily Ever After…
Between the time after the second pre-trial hearing and the actual trial date, I again sent the law office representing the collection agency a letter asking for exchange of information.
***All the letters I sent to the law office were***
certified with return receipt.
Less then three weeks before the trial the Plaintiff sent a motion to the court asking if they could have a telephonic witness because the individual was out of state.
I responded with a motion to object their motion and included reasons and sent it to the court and the law office representing the collection agency. I also prepared a motion to dismiss the case for my big day.
In The End…
I walked into the courtroom the morning of the trial a little nervous.
A woman who was seated asked me, “Hi, are you Robert?”
She was the attorney representing the Plaintiff. She walked up to me and proceeded to tell me in a quiet voice, “We’re gonna dismiss the case when we go before the judge today.”
Win!
After we were dismissed their attorney asked to speak with me in a conference room. I asked her why they dismissed the case. She wouldn’t give a reason. I kept pressing her on it but she wouldn’t budge.
Can you believe she actually asked me after the dismissal how much of it I was willing to pay?
She also tried to use psychological tactics like telling me that I was still obligated to pay the debt. Sad. Here is the truth; they NEVER had a case against me!
They were just throwing the dice to see if they would get lucky…
For them it’s worth throwing the dice because they make a killing on their investment. It’s easy for them to churn out mass letters to see who will agree to terms or who will hide and get slapped with a judgment, which can lead to garnishment of wages and major damage to one’s credit.
In Conclusion…
Deal with the debt collector right away when you receive a letter. You have 30 days to respond to them and should do so in writing.
I can tell you what you need to ask…
The most important thing I learned from my court experience is that the judge will only rule based on law, therefore, it pays to know what the law says and what it means.
I also learned to keep fighting until the very end.
I spent months and countless hours studying and researching to learn how to deal with debt collections. I had many restless and sleepless nights.
You can do the same and stress about what to do…
Or
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See for yourself exactly what I did to win my case against the debt collection company. For less than it costs for a night out at the movies you will have instantly in your hands a 33 page PDF file containing the following…
A Copy of my Court Summons A Copy of my Letters To The Law Office A Copy of the Motions In My Case A Copy of the Affidavits A Copy of my Declarations A Copy of my Court Dismissal of My Case
Also Included… A Free Bonus Report!
“The Seven Deadly Venons Against Debt Collectors”
The 7 Best Ways To Win Against Your Debt Collector!
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Get instant access to a 33 page PDF file you can use as a guide to help you beat your debt collector.
So What’s The Catch?
There simply is no “catch.” You can beat debt collections using the same strategies that worked for me. And don’t worry…this is a one-time purchase.
This is my real life experience of how I beat debt collections not hypothetical scenarios, theories or hearsay.
And Make Money?
Think of it this way. If you can get the debt burden off your back legally isn’t it like earning the amount of the debt? You can earn $100 on your paycheck or you can get a tax credit for $100. Both are the same.
Even though I didn’t put, in my case, $7,658.43 in my wallet it was like I did because the $7,658.43 collection went bye, bye… or buh, bye.
If what I did worked for me, an average guy, then it will work for you. I can’t begin to express how empowered this experience has made me.
Please take a quick minute to order this great help.
Sincerely,
Robert
p.s. I would love to hear your success story.
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DISCLAIMER – Robert is not an attorney and does not offer legal advice. The information presented and offered is from Robert's personal experience. Nothing in the documents or information provided is intended to be, nor shall be construed as legal advice. The downloadable files are for informational purposes only. Results may vary. Legal information is not legal advice.
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Copyright © 2012 Robert Yi
