Debt Collection Lawsuit – Pin the Tail on the Debt Collector in Court
When working with a debt collection lawsuit you should remember it is not a question of do you have the debt but a question of can they prove that you have a debt? When someone commences a lawsuit it is up to them to furnish absolute proof of whatever the lawsuit alleges and with card debt it is really impossible to prove.
Collection lawsuits usually start with a threat and that must be your wake-up call to stop the alleged credit once and for all in a court of law if it comes so far. If you supposedly have $20,000 on a credit card it will be your chance to make $20,000 by eliminating it legally.
There are two aspects you will need to beat the collector before court. You should read Modern Money Mechanics and put it into your head that the bank did not loan you any money. When you have this information embedded in your memory you will have no “moral problems” beating the collector and you will understand why there is no proof.
The next thing you will have to do is the Fair Debt Collection Practices Act which will lay out detailed information about what you need to do to force the opposition to make actual proof that you owe something. If you perform such first steps correctly there will be little chance of a credit card lawsuit.
Young lawyers earn their money standing before a judge for hours getting “default judgments” rubber stamped by a judge. Default judgment simply means a collection letter was sent and there was no response. No evidence, no answer to a collection letter and now the debt settlement attorney will own you.
You should answer such little collection notices in writing by registered mail with return receipt to prevent a default judgment. When attorneys see this demand for proof they as usual send the collection information back to wherever it came from because they understand they cannot win.
Collection attorneys as a rule get approximately $50 for sending you the collection letter then come to court and stand there for hours processing hundreds of letters as fast as he is able to hand them to the judge to be rubber put “guilty” because no one took the time to answer his notice in writing.
Sometimes several young attorney in desperate need of money to pay his student loan for law school will file a lawsuit. Laywers cannot testify to the facts of the case. This imples that you must demand a witness that has actual knowledge of your alleged debt and that is not going to occur! You win!
