How Not to Defend a Debt Collection Lawsuit

debt-collection-defenses

This article is a list of defenses that do not work. If you would rather find out what you should do, click over to “Served By a Debt Collector? What To Do Next“.

When I worked as a collection attorney, I handled many debt collection lawsuits, and I saw the same erroneous defenses over and over again. Here are some of the most common defenses I heard:

You don’t have a signed contract

Somewhat surprisingly, creditors are not required to produce a signed contract to prevail in court. There are others case theories, such as account stated, that may allow the creditor to win without the contract. In my years as a debt collector, there were only a handful of accounts, out of thousands, for which the creditor was able to produce a signed contract.

I tried to pay, but you wouldn’t work with me

Unfortunately, courts don’t have the power to force a creditor to accept the payment arrangement you are proposing. The creditor’s unwillingness to work with you, while frustrating, is not a defense to a lawsuit. Similarly, the fact that you are on public assistance or are otherwise “judgment proof” is not a defense to a lawsuit. The creditor may never be able to collect anything from you, but that doesn’t mean it should lose the lawsuit.

I never had an account with you

I would often see this when the lawsuit was brought by a debt buyer.  The original creditor that you had an account with may have sold it to a debt buyer that you have never heard of. If the debt has been legitimately purchased by the debt buyer, they have the same right to collect the debt from you as the original creditor.

My divorce decree says I don’t have to pay

Even if there is a court order ruling that your ex-spouse is responsible for a debt, you can still be sued by a debt collector for the debt. Divorce courts don’t have the power to modify contracts between you and a third-party creditor. You may, however, be able to sue your ex-spouse to reimburse you for any money you have to pay the creditor.

Featured image: “The distrustful eye of Jay” by Mark Norman Francis is licensed CC BY-NC 2.0. The colors in this image have been adjusted.

  • Dan Schramm

    Regardless of debt paperwork, the plaintiff has to enter admissible evidence. They need someone to testify with personal knowledge to create a foundation. If they try arguing the business record exception, I would argue they are not their business records. Make them prove they own the debt. Prove a chain of ownership. The argument of an attorney is NOT evidence. If the pleadings have been denied in the answer or otherwise attacked, they have to have eivdence to overcome that. They can’t rely on the pleadings at a trial.

  • se7ensnakes

    What is money? I mean what do banks loan you when you purchase an item using a credit card. The reason I asked is because there is but 4 trillion dollars in circulation and 12 trillion dollars of personal debt. So really what are banks loaning? It cannot be treasury issued USD. Personal debt far surpasses the actual cash money. In the old days they use to call the loaning of book keeping entries CREDIT CURRENCY. This is the result of fractional reserve lending. What is funny is that the base money is not even real paper money. It is not even Paper fiat currency. The multiplicity effect is based on book keeping entries. Now the constitution says that in the course of defending yourself the plaintiff needs to spell out NATURE AND CAUSE. Sooooooooo what is the nature of this money? What are they using and what laws make that digital book keeping entry legal tender? Because the book keeping entry is a surrogate for the actual specie? There are many cases where defendants that argue for the vapor money theory have not been successful. In many cases it appears that the judge has suddenly shifted profession and are now economist. They ignore economist that claim that banks do create money ex niholo (out of thin air). They ignore the basis for the existence of the M2 and M3 money supply. They even ignore the fact that using this fractional reserve system only creates the principal and not the money for the interest. Now I will put it to rest that it is indeed fraudulent.
    Our school books tells us that the great depression was caused primarily by the hawley smoot act. Some economist claim that it was due to the extensive monetary contraction. What they dont explain to everyone is: WHAT CAUSED THE CONTRACTION? Imagine, if you will, having truck loads of counterfeit 20 dollar bill. Now suppose that you loaned 100 dollars worth of these counterfeit 20 dollars. Now suppose that they pay you back the exactly same money. You would not have gained anything. Thus all you can do is to destroy the counterfeit because you will not buy it. That explains the contraction. Where does the fraud come in? The Treasury/Federal Reserve/ private banks were loaning the public 78 trillion dollars but there was only 3 trillion dollars

  • slwill

    Rasmussen college financial aid failed to apply for other grants that my son could have taken advantage of and they promise a diploma he never received, it seems like a scam. The collectors have called his wife, his employer and his in-laws. not to mention his neighbors. That is scandalous alone. I am to the point of entering a lawsuit against the school, however there is one already started by sen. Harkin

  • Sheila Jefferson

    One last thing before I log off….This site strongly promotes getting a lawyer..If you cannot afford a lawyer don’t worry you can win without a lawyer in most cases..Whats the worst that could happen….you lose…you’ll lose if you don’t show up…If you lose and want to appeal then it is recommended that you hire an consumer attorney..My point is these low life debt collectors want you to do nothing so they can win..This site wants you to believe you need a lawyer to win…so not true…That is all.

    • http://samglover.net/ Sam Glover

      This site strongly promotes talking to a consumer rights lawyer before you conclude you cannot afford one. If there are FDCPA violations, a consumer lawyer can represent you on contingency, which means you will be the one who gets paid.

      • Sheila Jefferson

        But why when responding on one of my early post..you clearly state that it’s not a good idea to listen to a lawyer who’s practice is beating debt collectors in court. The lawyer I spoke with was a consumer rights attorney..So which is it?? Your confusing the readers.

        • http://samglover.net/ Sam Glover

          Your sarcasm detector is broken.

          • Sheila Jefferson

            Once again you never answered the question…I’m done with you…No sarcasm needed!

          • http://samglover.net/ Sam Glover

            My initial comment was sarcasm. You called said this site “sucks,” which I thought was pretty ridiculous, seeing as this post (and this site) was written by a well-informed consumer lawyer with a history of beating debt collectors in court.

            I could have just called your comment sucky, which it was, but I went for sarcasm, instead.

          • Sheila Jefferson

            Oh yeah I hit a nerve..that’s what I like to see…First off Sam Glover…Please dont try to fight with a fighter….you will not win in words game with me…I mean but if you want to let’s goooo. First off anybody with the ability to type and paste a few facts can make a blog. Let’s be clear this site is one of the weakest I’ve came across in regards to helping the consumer..But don’t just go by my vote other people also commented on here stating pretty much the same thing..You missed the mark a bit..ok no by a lot.. so try again…I like how you cursed at first but then the word changed to sucky…hmm interesting..sarcasm back in motion!

  • Sheila Jefferson

    It’s funny how you advised people to consult an attorney, but when you commented on my post you say it’s not a good idea to take advice from an attorney who job it is to beat debt collectors. I’m a little confused here? Ok not really just a little sarcasm. Nevertheless, you proved what most people think of you and this whack site…People go to court you will more than likely win…debt collectors hands down cannot provide proof of any valid documentation needed to get a judgement in their favor..Their best bet is you not showing up! The attorneys that are hired to represent these debt collectors are the lowest of the low..and all they do on a daily basis is sue for old or invalid debts. The sad part about it is that they only win because people do not show up to court.Remember even if you owe the debt and the statue of limitations have not run out yet your case is stronger than theirs, because let’s say it together “they will have no proof”.Oh and for the record Sam the lawyer I consulted is the best in my area and has won many awards in his practice..so let’s not go there.

    • http://samglover.net/ Sam Glover

      Todd (the author of this post) and I both think consumers can usually win. Just not if they use the losing strategies outlines in this post.

      • Sheila Jefferson

        What in my post do you not agree with? You keep responding but your not really saying anything..It’s like your talking but no sound is coming out. At the end of the day the best thing a consumer can do is show up and ask for proof of standing….hands down…If you disagree with that or have something better a consumer can do…please elaborate.

        • http://samglover.net/ Sam Glover

          My response is this entire blog. There are lots of posts on how consumers should respond to debt collection lawsuits. Just click the first link in this post or the Debt Collection Help link in the nav menu.

          • Sheila Jefferson

            Ok I really was hoping you would just narrow it down but that’s fine. I just stumbled upon this blog by chance and was just reading the thread and I get the point in general. My concern with this blog is that some things that are listed on here I do not agree with, mainly because I have consulted with a very good attorney. While reading a lot of your responses you circle around a lot of the questions…like mine for instance. Nonetheless, everyone case is different, but I can’t stresss enough Show up at court. Fight don’t let them win by default and spread the word.

  • Sheila Jefferson

    This site sucks..Just by the first paragraph, I was turned off..It is the debt collectors job to show that they have “standing” to sue you in court. Which means they have to show proof that they are assigned to your debt. So in turn they have to provide proof of the original debtors contract with your signature. Also ask for documents from when your account was at a zero balance to the present, to show the numbers are right. Most times your debt has been passed around from one collection agency to another.THEY WILL NOT HAVE THE PAPERWORK..Your debt was brought along with hundreds of others for pennies on the dollar. Debt collectors are sloppy,it would cost them to much to be neat. All they will More than likely have is your name on a spreadsheet with a list of other people debts that they brought from the credit card company.I have consulted with a consumer attorney in Pa and he basically said the debt collectors only win these cases because of a default judgement because people are too scared to go to court.. Consumer chances of winning these types of cases are extremely high.Whatever you do show up! Ask for proof..they will have none.

    • http://samglover.net/ Sam Glover

      Yeah, you definitely shouldn’t listen to a lawyer whose practice is beating debt collectors in court.

      • jones teri

        Sam I have beaten these debt. buyers in court. You my friend seem like a plant.

      • jones teri

        I forgot to mention, I did not hire a lawyer scum bag either, did it myself with the help of the internet.I won, case dismissed.

  • jessica coco

    I have to answer a motion in NJ within 15 days to a 3rd party in who bought my credit card debt. Does anyone have a brief that they can email me?

    • http://samglover.net/ Sam Glover

      Assuming you are not a lawyer, please talk to one. The only briefs you are likely to get from posting a request here are from people representing themselves, which may or may not be from NJ. If they aren’t from NJ, they will be pretty much worthless to you. If they are from NJ, they will probably still be pretty much worthless to you, since the drafter is unlikely to be qualified to create one.

      Lawyers will not respond with a sample brief because they will know very well that there is no such thing as generic brief that will tell you what you need to know.

      You really need to talk to a lawyer. Offer to pay for a short consultation and ask your questions. You will get much better information by paying for a half hour of a competent lawyer’s time.

  • Max Matson

    Both letters were dated May 4th. One arrived on the 1st of May , the other on the 5th. On May 6th i went to court for the third time. The judge reset the court date for June 26th. My attorney called me May 20th and told me that the lawsuit had been dismissed. I called the court clerk’s office today and they tell me i still have a court date of June 26th. I am confused, befuddled, amused and dispappointed in what has taken place. Their is more that has taken place which i will reserve for another venue as it considerably longer. By the way, what does DISMISSED mean in theis case, and if it has been dismissed why am i asked to return to court again?

    • http://caveatemptorblog.com Sam Glover

      If you have a lawyer, ask your lawyer. Don’t post about it on the Internet.

  • Max Matson

    On May 4th i received a letter from Capitol , also dated May 4th as the first one. that said.: Dear Mr. Matson: Thanks for your payment of $3886.98 , which we received on 10/18/2012. THIS PAYMENT SETTLES YOUR Capitol One account, and we’ll STOP COLLECTION EFFORTS ON THE REMAINING BALANCE. We’ll notify the following credit reporting agencies that your account has been settled with an outstanding balance. Experian, Equifax TransUnion Corporation and Innovis. end of page 3

  • Max Matson

    In a follow to the appove post of mine. On Oct 18 Capitol On Protection paid $3886 on my account. On March 1,2013 i received a letter from Cap. One DATED March 4, 2013. it said: Thanks for contacting us about your credit bureau report. After researching your account, we’ve Updated the above referenced account as settled with an R89 rating, which means the account was more than 180 days past due and is settled for less than the full balance. We”ve also forward the information to the following credit reporting agencies so they can update your credit report. Experian, Equifax, TranUnion, and Innovis. FINISHED page 1.

  • Christian Tucholske

    I have had previous issues with a phone contract & they are pretty much setting me up for debt since I’ve been unable to pay regularly. If I remove my contracts, I may end up adding $700 to my already $400 of fees. My question is, if this went to court & I counter sued, would the following arguements stand up if presented well: [Request for legal advice removed. —Ed.]

    • http://caveatemptorblog.com Sam Glover

      If you want legal advice, you really need to take your questions to a lawyer. If I post it here, all you’re going to get is the uninformed opinions of other commenters who probably aren’t lawyers in your state. For that matter, I am probably not a lawyer licensed to practice in your state, which means I am prohibited from giving you advice, too.

  • Mark T.

    If I have received a summons from lawyers representing the collection agency, can I write to the collection agency via a certified letter to try and work out a payment plan and ask that they contact their lawyers to dismiss the case?

    [Personal information redacted. —Ed.]

    (never been through this before, never want to go through it again!)

    • Sam Glover

      You can always try to contact the creditor directly, but in my experience, the creditor will usually tell you to contact the collector/collection lawyer if you do this. Still, it’s worth a try. (No need to use certified mail, though.) If the creditor is willing to negotiate, you will sometimes have better luck than with a collection agency or lawyer.

      Before you send your letter, read How to Negotiate for general tips on negotiation, and Deal With Your Debt: Negotiate a Settlement for tips specific to debt collection lawsuits.

  • Max Matson

    i have had the protection plan since 2002 with Capital One. I losst my job in 2006, had 3 more i had to give up due to illness. The last one being in early 2008. I continued to make payments. In 2009 i noticed a charge on my bill,,i hadnt been using the card, i called and they told me that i was enrolled in the protection plan and that if i took permanent disability they would pick up the tab. I had filled for disability insept of 2008. i made payments untill Oct of 2010 then ran out of money. I got my first SSD check in Jan 2012. Capital One turned my account over to some lawyers out of Little Rock. In the meantime both continued to send me statements and now Hoston is taking me to court. I have only SSD FOR income and no assets to seize, i live with my mother. What can they do and what can i do? i saw where Cap One has to repay 210 million,,i wonder how this effects me?

    • http://caveatemptorblog.com Sam Glover

      SSD benefits may not be garnished or levied except by the federal government. That doesn’t mean collectors won’t try. You may have to ask the court for an exemption after the funds are frozen in your bank account. If you put the collector on notice (in writing) that your only income is SSD, you may be able to sue for an FDCPA violation if the collector tries to garnish your SSD income, anyway.

  • Sergio Mendoza

    I’m being sued by a law firm representing a debt collector. I live in Texas and i hear that wages can not be garnished. I do not own assets such as a home, car, land etc. I have about $150 in the bank and barley making enough to survive with my part time job. Any ideas what can happen in court? [Personal information redacted. —Ed.]

    • http://caveatemptorblog.com Sam Glover

      Since you are in Texas, I can’t tell you what to expect, but maybe a consumer lawyer from Texas will stop by and respond.

  • michelle

    I am being sued by Portfolio for a Cap One credit card debt. I asked the judge for a right of Discovery to get signed contract or signed card agreements and he denied me discovery in small claims court and set a date for a bench trial. How can I defend myself when it appears that all Portfolio has to say is my name is on this statement and it shows I owe x amount of money. Please help!

    • http://caveatemptorblog.com Sam Glover

      I don’t know where you are, obviously, so I don’t know what specific rules apply, but discovery is not usually a part of small claims court actions. Portfolio will have to show its evidence at the hearing, and you will be able to make your arguments about the lack of evidence in front of the judge.

      If you lose at a small claims hearing, you can usually remove the case to district court and try again with the normal district court procedures, including discovery. It may be worth the additional cost (and risk) if you have a good case, but I think it’s best to consult a consumer lawyer in your state before you try this.

  • Sean

    I just read the introduction and statements by the original poster. I agree with those who say that you are making it seem that they are doomed. You are incorrect. A court, in the discovery process, looks for the following: contract, assignment of debt from original collector to third party, and statement of specific transactions. Many of the times (99%), the third party creditor cannot provide these document. Since the burden of proof is on them, the court will find the suit baseless.

    I’ve defended three credit lawsuits and won them on my own without an attorney. A lot of these third party creditor’s attorneys do use scared tactics, but you have nothing to lose to answer a complaint, interrogatories (depending on the amount of debt), etc. and appear in court. Just remember, the burden of proof is on them, what they can’t prove, is their downfall not yours.

  • greg

    can a debt be voided by the court if a broker has a lendee that cant afford said loan do something to hide a debt in order to “qualify” for a loan? in other words if you know i cant pay before you loan me money (and i can prove it) do you have right to collect when i dont pay.

    • http://caveatemptorblog.com Sam Glover

      It’s a little hard to parse this, but I think what you are asking is this: Is is the lender’s fault for loaning you the money if the lender knew you couldn’t pay?

      If that’s your question, then the answer depends on a lot of details that I’d rather you didn’t try to reveal in public. For example, usually such loans are the result of misstatements on the loan application. Those misstatements may come from the lender, the originator, or the consumer. It matters which, and it matters who knew they were false statements. I know people don’t like to hear this, but on this one, you need to consult with a lawyer.

  • Stuck_In_A_Quagmire

    You have to understand the banks are the federal government. Since 1913, the federal reserve is made up of a consortium of 12 international banks and you can Google the names. See this link http://www.rense.com/general85/feddrec.htm They all go back to the Rothschild banking cartel who have their grips on American citizens.

    The banks are loaning out depositors money and sometimes money they don’t even have on ledger in the form of credit cards with high interest and other loans you borrow. It is somewhat of a ponzi scheme. They tax you for the money you borrow.

    You really can’t win because they are going to figure out some way to tax the people and drag you before the legal system. Beating these debt collector cases is becoming very tough in the new economy.

    All I can say is do not take out loans and credit cards anymore. Or else in the end you will be sorry. Credit card issuers need to have a WARNING LABEL applied to their applications before they solicit consumers. They need to inform the consumers in GIG RED LETTERS that if they default through loss of job, disability, some other medical issue you will be served with a lawsuit.

    • Sam Glover

      Conspiracy theories (especially nonsensical ones) aren’t why you can’t win. You can win, actually, and it’s not even that tough.

  • Jakr

    Hey, the reason why they do that is because they write off your debt on their taxes, so this way they get all the debt they are owed and then a little extra. Any debt that is written off ought not to be valid any more.

    • http://caveatemptorblog.com Sam Glover

      That’s not quite right. Any income from defaulted debts will have to be reported—and taxed—as income.

      • Yahbut

        What are you saying? Are you telling Jakr that if he is let off the hook for a debt, that debt is taxable income to Jakr, or are you telling Jakr that the bank will have to pay taxes on the money they collect even after the bank has written that debt off? Here’s the deal Sam. Debt is an asset owned by the bank. When the bank writes off the debt it’s because they can’t claim they own it. They can’t claim they own it because it’s “bad debt” i.e. a debt owed by somebody who can’t pay it. It’s no longer an asset. Banks are only writing these “bad debts” off now because of new recovery banking reform laws requiring them to do so within a finite time-frame. The “no clue how banking works” brain power that went into that had the cumulative effect equivalent to telling Gilligan he can’t fly, of Wiley Coyote looking down after he has run off the edge of a cliff on thin air. The intent of these laws is twofold, One: to keep banks and other financial institution from claiming nonexistent assets in their public offerings and backroom dealings and otherwise stop the earthquake of uncertainty about the banking system (ill-conceived, as I’ve explained above, but if we’re going to do it let’s do the whole thing), and Two: to put suddenly bad debts that act as a crushing weight, a poor tax, a fall in the value of the dollar, a massive gasoline price increase, an unrelenting kick in the teeth for most of us when we were down (and we’re still down)…on an economy that would otherwise have recovered by now, to bed. What’s happening now is not what was intended by the lawmakers that created these laws. It’s especially concerning to me that you don’t know this, not because you obviously don’t know this and you clearly don’t understand banking or law and are posting erroneous information on the Internet for all the world to see. What really bothers me is that most lawyers, judges, and creditors are moving forward with destroying the lives of the very people they threw into sudden poverty and chaos by crashing the world economy by making up fairy tale money in the form of debt, trillions of Dollars of pixie dust debt. And it would have worked, at least a little longer if chicken little hadn’t decided to start screaming from his confederate roof top that the sky was falling, and if our leaders understood that money isn’t something you borrow from another country. It’s something a government mints as a mechanism for trade among and control over it’s own citizens. It would have worked too because that’s how banks actually, in real life “make money”. Don’t make me go into detail about how only working cash reserves and insurance make this magic trick work or I might lay it out for you. What if I had enough of your financial information to know where you work, how much you earn, what your financial obligations are, and I start sending you blank checks and easy credit, 0% for 18 months with 8% afterwards deals. If you didn’t know what I knew (the economy was about to tank and you were probably going to lose your job, your house, your family, and your mind) because I’m an insider, perhaps a senator, a bank board member, etc. you might quickly conclude that you could easily make a profit borrowing this money and paying off high interest loans, secured loans, buying investments that are likely to actively and passively increase your income and your net worth, pay off bills that cut into your monthly bottom line, buying goods and services…because you keep hearing Allen Greenspan on TV telling us that consumer spending is down and that’s bad or consumer spending is up and so there is hope after all, etc. I on the other hand am selling your debt in the form of very safe, high yield bonds and securities to the other big banks while they sell theirs to my big 6 bank. I’m exhausted. Please don’t delete this until you’ve read it.

        • http://caveatemptorblog.com Sam Glover

          What are you saying? Are you telling Jakr that if he is let off the hook for a debt, that debt is taxable income to Jakr, or are you telling Jakr that the bank will have to pay taxes on the money they collect even after the bank has written that debt off?

          If the bank collects money after it writes off the debt, the bank will obviously have to pay taxes on that income.

          And if Jakr has a valid debt that is forgiven, that debt forgiveness may count as income to him. If the debt is valid, that is.

          The remainder of your rambling post was too incoherent to merit a reply.

        • teri

          @Yahbut…you’ve hit the nail on the head!

          And Sam as to your response “The remainder of your rambling post was too incoherent to merit a reply.”… hmmmm perhaps because what Yahbut is saying cuts thru the BS and right to the truth of what banksters have been perpetrating on the American public…as the LIBOR scandal has now clearly demonstrating. You non-response goes to your lack of truth and integrity…not unlike most debt collectors who are no more than a bunch bottom feeders. The corporate owned media is purposely keeping the truth from the American people hoping they stay fast asleep…you sir are doing the same.

  • izraul

    If I lose nothing and gain everything have I been injured?

  • izraul

    Here’s something to think about. Why do banks refuse to work out a payment plan with a debtor then sell it that debt to collector for 10x less than what the debtor offered?

    If their willing to take pennies on the dollar from debt collectors why not take it from debtors?

    • Jon

      I’d say its most likely that banks sell their defaulted accounts to debt collectors in bulk. It would be much, much more expensive to negotiate with each individual debtor than to negotiate a package of 1000 accounts with a single entity.

  • izraul

    What baffles me is this
    1. Banks violate their charters.
    2. They lose nothing and gain everything.

    If you don’t understand what I mean then you don’t understand the truth about banking and It is much harder to fight something if you don’t understand it. Find out where the alleged “money” came from. How does the process work? Who is the person complaining? How exactly have they been damaged? What are the damages? (if any). These are essential to any lawsuit.

  • Jon

    To sum this up: go talk to a lawyer. A lawyer will almost always to the work better than you can, and if they do it wrong, you have someone to sue for doing it wrong.

  • scott kruse

    I’ve recently been informed by a Payday Loan company that they have filed a complaint against me reciting bank fraud. They say they lent me $300 and when they tried to withdraw there fees from my bank account they were denied because the funds were not available. My discrepancy is that I have never received a single dollar from these people. I did notice that I have a couple deposits for literally 5 cents and 12 cents. Does this still make me accountable, and do I have a viable defense since I can provide bank statements showing that I never received the $300 ?

    • Sam Glover

      As a first step, you might want to find out if they actually did file a complaint against you. Then talk to a lawyer in your state and find out what your options may be.

  • Ritesh

    i was sued by citi cards and captial one card last year around and i don’t know what should i do about it…

  • Lynn

    I live in Minnesota, am on Public assistance for heating/electricity etc…a credit card company’s lawyers have just emptied my bank account to cover an old debt…HELP? what can I do? DO I have ANY recourse?

    • http://samglover.net/ Sam Glover

      If they emptied your bank account, it means you were served with a lawsuit and either failed to respond or did respond, but lost.

      At this point, your options are to pay off the debt, settle the debt yourself, or talk to a lawyer to see if you have any other options (Randall Ryder is the Minnesota lawyer to talk to). I can think of a few things you might be able to do, but it really depends on what Randall sees in the court records and your own records, if you have any.

  • Garand555

    I won against Citibank by digging up every little bit of dirt that I could on Citibank, its little subsidiary, Citicorp Credit Services Inc. (USA), the attorneys that they hired, then used that dirt to craft discovery requests to start poking holes in their evidence.  When I had them dead to rights “failing to act in good faith,” and could have won by default even had they showed up, I sent them an amended disclosure statement including listing all of that dirt.  Less than a week later, they called me and asked if I would oppose their motion to dismiss with prejudice.  Duh, no, I’m not going to oppose that.  The sad thing is, had one single person diligently reviewed my account, no lawsuit would have been filed.  Instead, I was stuck defending myself as I couldn’t afford counsel.  If you want to win, learn the rules of civil procedure, the rules of evidence and the applicable laws and case law.  Then use all of that, and be as vicious as you can with it without pissing the judge off. 

  • lisa

    what if they attach a contract showing a personal guaranty (on a business line of credit from a now defunct business) and the contract, specifically the personal guaranty section, is completely illegible…can i request court to dismiss?

    • http://caveatemptorblog.com Sam Glover

      You can ask the court for anything. Whether it’s a good idea in view of the specific facts in your case is another question—and one you should take to a lawyer with some experience defending debt collection lawsuits.

  • Shari

    I was served today with suit papers for an outstanding debt with Citi Card.

    [Details about commenter’s case removed. -Ed.]

    If I do get a judgement placed against me for the total amount owed, can my paycheck be garnished?

    • http://caveatemptorblog.com Sam Glover

      First, don’t post information about your case on the internet. Bad idea.

      Second, in response to your question, yes, if Citi gets a judgment against you, it can probably garnish your paycheck. Talk to a consumer rights lawyer about your options. Don’t rely on a “lawyer” provided by a credit counseling agency unless you are certain this is (1) a real lawyer licensed to practice in your state (2) who actually represents you, not the credit counseling agency.

  • rosaisela Marchal

    a customer signed a contract with my company to fix tree damages on her property, insurance send check to her and second endorsement is needed from the Morgage company, customer received the check and asked me to pay some money in order to endorse the check to my company? What can I do to collect the moneys?

    • http://caveatemptorblog.com Sam Glover

      I think you’ve got the wrong website. We aren’t out to help collectors.

  • Tracy

    I went to court today and the judge said that the debt buyer had filed filed to dismiss. Does that mean that this is finally behind me or do I need to follow up with something?

    • http://caveatemptorblog.com Sam Glover

      You probably don’t need to do anything, but you should definitely call the court clerk to find out for sure, because the rules can vary quite a bit from one jurisdiction to the next.

  • Scott

    It seems most debt collectors are too lazy not to break the law, in many cases. This is why the average Joe can spend a few weeks reading and properly defend a lawsuit. Debt collectors screw up, a lot.

    These clowns play a numbers game. They know they can get away with breaking the law. When they do get caught, the punishment is paltry, compared to the amounts they make ripping people off, and pursuing unfair debt collection activities.

    I’ve been fighting with Capital One for over a year now. I lost my job involuntarily. I kept paying the minimum payment for a few months. When I ran out of money I called Capital One to activate payment protection. I was repeatedly denied. Every time I called I got a different excuse. A few times I was told to send in relevant documents to validate my claim. Nothing. Nada. A huge run around. These dudes should be prosecuted under RICO.

    Ironically, a few months after I gave up and quit paying, I received a settlement notice concerning the fraudulent payment protection scam I got ran on me. I promptly opted out. Most bills and/or collection notices I receive I simply dispute the debt with a handwritten note and mail it back.

    Capital One finally hired an attorney. I wrote him a detailed letter disputing the debt as listed, citing the fraudulent activity concerning payment protection, etc. I threw in a cease and desist order. Several days later I received acknowledgement of the cease and desist, and a threat of a lawsuit if I don’t pay up. I’m hoping if they do file suit the court will serve as a free venue to raise my defense and possibly get the debt eliminated. I’d rather not have to file a counterclaim.

    I guess I will have to read up on FDCPA, etc. Nolo has helped me before.

  • NYC

    I have been going over a lot of the info on this site and I must say that of the hundreds of other ‘credible’ sites that I’ve seen this is by far the most negative as far as information is concerned. Other sites promote law services as well; however, they still manage to furnish you with great and somewhat adequate advice. You may as well have just dedicated the entire site to your services as you make it seem as if the consumer is doomed from the start and has no right to even attempt to fight cases on their own. Forgive me but that is how it appears and quite frankly it’s a bit of a turn off.

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      Thanks for your comments, and I’m sorry you find this site negative. We aren’t trying to stop people from handling their own legal matters. I started this site to empower consumers with correct information. A lot of the positive information you may be finding on other sites is wishful thinking. That’s what I saw when I started this site, and it’s still what I see now. For example, a client came into our office the other day who had gotten help from one of those sites. Her legal documents were more likely to get her sanctioned for making frivolous arguments than help her win her lawsuit.

      This article is helpful because these are losing arguments. I’ve added a note and a link to an article that addresses what you should do, instead of what you shouldn’t. I hope that is more helpful. We also provide free forms and even a step-by-step guide to debt collection lawsuits.

  • Kaye

    I have a credit card debt that I never signed for and had no knowledge of until I found it on my credit report in March 2010. Turns out that my husband opened up the account in my name and was even having the billing go to a PO Box so I wouldn’t find out about it. He used the card and paid on it for a number of years (again with no knowledge from me) and then he lost his job and could no longer pay on it. After finding the debt that I never signed for or had no knowledge of, I wrote letter to the company explaining the situation and asking for a discharge. The debt was sold to a collection agency and just today in the mail I received a letter saying that a case number has been assigned for a lawsuit. I know for a fact that they have no evidence that I signed for the account or that I used the card or that I ever made payments on the account – since I was completely unaware of the debt. What are my changes of winning this in court? I do not have the money to pay of the debt – approximately $8000.

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      Whenever identity theft comes up, consider using the FTC’s identity theft affidavit. If you send a copy to the debt collector, it should leave you alone. Just be aware that in your case, it could result in your husband being prosecuted. If that worries you, you should contact a consumer attorney to discuss your options.

  • frank mumma

    If you want to beat debt collectors at their own game, you can either 1) hire an attorney OR 2) learn the rules of court, rules of civil procedure, rules of evidence, FDCPA, FCRA, FCBA and all the applicable state and federal statutes and supporting case law, like I did, and you CAN beat debt collectors. And on more thing, I am a machinist by trade with a 40 hour a week job, a wife and two children, so saying you don’t have the time is not gonna work with me! MAKE THE TIME!!!! why give your hard earned money or lack there of to an attorney, who in most cases could care less about your best interest. They are in the business to make money, the easiest way they can. I’ve ran into many an attorney and all except for a very few, were neither ethical or competent to get the job done. And this includes consumer rights attorneys. I have had several wins against debt collector attorneys here in PA and two wins on the federal level with a FCRA lawsuit.

    [Incorrect legal information removed. -Ed.]

    These and so much more, are things I’ve learned and have successfully used while holding down a regular 7- 3 job. Point is…. if i can do it so can YOU! I hope this helped someone!
    Frank

    P.S.- i know there are attorneys and debt collectors who will read this and get angry at me for exposing the white underside of their belly. But my response will be, if you don’t want to be exposed for the low life’s you are then make a career change! LOL!

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      DIY is definitely an option. That’s why my firm offers free forms and a step-by-step guide to debt collection lawsuits to help people get started.

      But not everyone can do it, and still fewer want to take the time to do it.

    • frank

      RE: [Incorrect legal information removed. -Ed.]
      Gee I wonder why the techniques I posted were “edited out ” of my post???? Merely claiming they are “inaccurate legal information” is blatantly unfounded. What I posted IS in fact accurate,correct and currently being employed around the country by, you guessed it “attorneys”, as the information is/has been used successfully to obtain numerous court wins, both state and federal! Seems the moderator , doesn’t want effective discovery and cross strategies made known to the readers of this forum. Other than that, this act amounts to nothing more than CENSORSHIP! Something you would expect from a socialist, totalitarian dictatorship, not a website that “supposedly” wants to give people tools to fight debt collectors. If the person who removed my posting has a problem, then let’s be adults and public-ally debate the issue. Otherwise, I’ll contend the truth doesn’t matter here.

      • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

        The information you posted was incorrect and potentially harmful, so I removed it. I’m sorry you disagree, but this is not a public forum, and our comment policy is clear.

        However, we aren’t trying to hide any information. Quite the opposite. There is a lot of incorrect legal information out there, and we are trying to remedy that. If you want real legal arguments—for Minnesota, at least—complete with citations to the relevant authority, you can get them for free from my website. Just check the box next to Reference materials.

        The reference materials include an introduction to debt collection defense and the FDCPA, and a law review article taking an in-depth look at debt collection defense litigation. These are the same materials that provide the foundation for the legal briefs we use in court. I’m sure you will find them useful, as will other readers.

        • frank

          Ok Sam, I accept the fact that you disagree with what I posted, however by what legal theory, or argument do you base your conclusion that what I posted was “legally” incorrect, or potentially harmful? By what standard are you using to make such a determination? And, what enacted law(s) or case precedence(s), doctrines, etc.. do you rely to support your determination that what I said was incorrect and potentially harmful? Also, in your opinion, what takes controlling precedence when determining factual evidence…. stare decisis or res judacata?
          Lastly, are you a licensed attorney Sam?

        • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

          All the answers you are looking for are in the materials I mentioned above. The law in your state may vary from the law in Minnesota, but I think someone as experienced in the law as you claim to be can find relevant parallels in your own state’s law.

          Except the question about factual evidence, which, as any first-year law student could tell you, is like asking whether trees are paisley or plaid.

          If you want to know more about me, feel free to peruse my CV.

          • frank

            Sam, thank you for the information on your website, I appreciate it. However, I still do not find anything on your site that refutes or disproves anything I mentioned about offensive and/or defensive strategies, to which you feel are incorrect. I, realize that what i posted may be questionable to use, especially for a pro se who does not have a firm understanding of the rules of evidence. Although, this is why I suggest people get a copy of Jurisdictionary and study it thoroughly. But, I would like you to please explain to me why you think I am incorrect in my legal arguments as posted earlier. I must admit that i hold a very similar mindset and strategy as you suggest on your website, but I cannot find any mention of any information that disputes or disproves what I said to be viable. Again, thank you for the information, I apologize for any misunderstanding.

            Frank

          • Sam Glover

            Frank: The distinctions between the arguments in my materials and the brief summaries you included in your comment would be impossible to explore in this space. If you want to learn more, and you think my materials are insufficient, I suggest getting a copy of the NCLC Collection Actions manual, which may be more comprehensive, with citations to the law of other jurisdictions.

          • Frank

            Sam, I don’t think your information is incorrect. To the contrary, your info is cutting edge strategy as far as I’m concerned, as I am familiar with it. I do have the NCLC series as well as, federal civil practice guides, rules, etc. I do like the NCLC series, it very well written with annotations and application footnotes, well worth the money.
            My only issue was, i felt you thought the things I suggested in an earlier comment, was legally irrelevant or incorrect. However, I will say that as a pro se litigant I am able to do things that a licensed attorney might not want to do, simply because it is a living for an attorney to go before the bench on a regular basis, and doing some of the things I do, would/could be frowned upon by some judges, especially those who are benefiting from the deception and fraudulent conduct of attorney debt collectors ad nauseum. I do appreciate your willingness to do what is right and honorable, as so many in your profession could care less for the sake of almaighty $$$. You should be commended.

            Frank

  • not given

    We have gotten letters from various CAs thanking us for agreeing to their payment agreement, without even telling us what the supposed terms of the agreement are. These are after the usual dunning letters. These are companies we have never spoken to on the phone, and never sent them anything in the mail or any other way. No contact whatsoever except for their mailings to us and unanswered phone calls! We have only been making small payments to the OCs as we are able.

    Is this some kind of violation of the FDCPA there? I’m not even sure whether any of them have bought the debt or if they are acting on behalf of the OCs or if they are total scammers. Trying to scam us, the OC or both.

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      This sounds like a scammy attempt to trick you into paying. Under the FDCPA, the question is whether those letters are misleading. If they claim you agreed to something you didn’t, that could be a violation.

      It’s definitely worth talking to a consumer lawyer about. All the lawyers in our database will give you a free case evaluation to determine whether you have a case they can take, and most should be willing to handle an FDCPA case for a contingent fee.

  • Brian

    In regards to “predatory lending”. I obtained a mortgage in early 07 being 18 years old and unemployed. Luckily for me it was an inheritance with a good amount of equity, but it was amazing how the loan officer made me feel stupid that I did not cash out 300 or 400k. I told her I saw a crash coming and wanted very low monthly payments. After watching about 200k vanish over the past 3 years and so many people loose their homes. I am happy I didn’t get in over my head with high payments.

  • Matt

    Have there also been cases of discrimination, and predatory lending when it comes to people who entered into credit agreements at 18, 19, and 20 years old. I would think it may be relevant since every 18 year old kid is bombarded with credit offers but with a lack of credit, usually get stuck with high interest rates.

  • Matt

    As mentioned above, creditors are required to provide initial disclosures prior to extending credit. Can someone make the case that since an original signed application cannot be produced, that they can also not prove that the disclosures were provided therefore the lender was in violation of the Truth in Lending Act? If you failed in making that case could you then say the lender acted in a predatory manner and deceived the person i.e. bait and switch which led to the default because the person didn’t fully understand what they were entering in to. Sorry for the numerous questions, but with everything going on in the mortgage business I would think a lot of these things would correlate.

  • Matt

    To elaborate on those multiple questions, I guess what I’m saying is if you fight a collection agency on whether the debt is real because of lack of evidence, can they go back to the creditor and get supportive evidence? And would it be illegal for an original creditor to give them such things as billing statements, etc. – after the debts been sold, if the collection agency had not obtained it at time of purchase?

  • Matt

    Let’s say hypothetically you ask a collection company to produce a written contract for the debt, now wouldn’t they only have the purchased rights from the creditor? The collection agency would have the same rights as the creditor but a creditor can produce things like billing statements and supportive evidence. After the debt is purchased or when it’s purchased are supportive evidence transferred to the collection agency? If so, can you ask the collection agency to produce such things, and if they refuse is that a sign of weakness from them? Thanks, this is interesting stuff.

  • Perry Ebner

    Does anyone know if you can legally use Novation terms (i.e. listed on the back of a check making a monthly payment to the cc company) to change the agreement/contract with the credit card company? The new terms through Novation would state 0% interest, penalties to the cc company for charging interest, late fees and penalties. At some point, the penalties that my new contract states would surpass the cc company’s previous charges, thus neutralizing both balances to zero. There are a few companies that offer this service. Is it legal and binding?

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      Perry, you should definitely talk to a lawyer before you try to modify a complex contract by writing on the back of a check.

  • Consumer, Esq.

    Consumers should assert that the credit card company or its assignee be forced to prove that they did in fact comply with the applicable state law (ie. state law designated in the agreement for the choice of law). If you can defeat summary judgment motions you pretty much won the case. Raise every issue of fact that can’t be decided without a trial. Also, did your consumer have a credit protection plan that wasn’t correctly activated or if claim was submitted did the credit protection plan wrongly deny the consumer’s claim. Both of these issues have defeated summary judgment motions in NYC.

  • jeannvk

    Sam, about this post; RE: Concetta Puglisi, Esq on National Banks & usury

    If the bank charged off and closed the account and can’t charge any further interest due to OCC regs, how is it that a debt buyer can reopen the account and charge interest at the same rate as the OC?

    What happened to restatement of contracts regarding assignments?

    It is well settled law that an assignee steps into the shoes of the creditor and acquires no greater right than the creditor had at the time of the assignment.

    So, if a debt buyer acquired an account that was charged off due regulations by Office of the Comptroller of the Currency in OCC 2000-20, (OCC Bulletin.), the debt buyer has no right to further interest, except as allowed by statute if there was no Novation of the account.

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      @jeannvk: I think you are confusing “charge off” with something else. Charging off a debt is something creditors must do for tax purposes; they take the loss on their books, minus whatever they can sell it for. It does necessarily not mean the debt is no longer owed.

  • Don FitzGerald

    In reality, few, if any of the lawsuits for credit card debt or even foreclosures are supported by admissible evidence. .
    Rather, the Plaintiffs have adopted and have gotten away with a systematic and routine practice of submitting hearsay affidavits and/or evidence in support of its claims rather than actual admissible evidence. Unsophisticated and/or unrepresented consumers, who are not aware of or who do not recognize the above-referenced facts, often times become victims of judgments entered without admissible supportive evidence. These are people that have reached the very bottom and the next step is homelessness. Therefore it is for the good of all people to end this useless practice of ruining human life.

    [Legal advice removed. -Ed.]

  • Adam

    Can a complaint be dismissed because of the arbitration clause that is in most credit cards contracts? Example: Original creditor files case against defaulting client. Client files motion to dismiss stating that credit card agreement states any disagreements must go to binding arbitration and not court.
    Would the case be dismissed?

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      If you want to enforce the arbitration clause, you can probably do that. Whether or not that is a good idea is something you should discuss with a lawyer in your state, who can help you understand the consequences. (For example, arbitration is often more expensive than court.)

  • Jen

    Do I have to give debt collectors my bank information when they tell me that is all they will accept? What if I did not have a bank account? I am preparing a letter to fax to them because they are very nasty to me and I can’t sleep because I am stressed out about their demands for all of this. It is 3:49 am, I should be sleeping! But, instead, I am researching and preparing this letter. I am stating that I will mail them a money order and that I will pay the debt off, because it is my debt. (Well, I got a phone for my brother, who charged it up to $1600 and then let me have to deal with the whole thing) I found their contact info online. Also, can I tell them that I will only have contact via email? They are making me very stressed out and I am trying to fix my credit, not make it worse. I have been going through and taking care to keep my credit card balances low or at $0. Now, this huge bump in the road….

  • corals

    I have a court date set for the 31 of this month. I can’t afford a lawyer, or the debt due to cut hours at work. I am forced to even appling for food stamp benifits today just to feed my children. If I can’t pay this debt, can the judge order sale of my personal property, or garnishment of my wages in the state of PA? Please help direct me in the right direction. Is there anything I should ask for the credit agency to supply, that may help me in this case.

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      Don’t be sure you can’t afford a lawyer until you talk to one. Most consumer lawyers will at least help you understand your options and quote you a fee over the phone. If you truly cannot afford a lawyer, you may quality for free legal assistance from your state’s legal aid office.

  • Mybarnumberisbiggerthanyours

    RE: Concetta Puglisi, Esq on National Banks & usury

    Hmmmm… I hope my judge doesn’t follow that logic. I’m on the JDB’s side of the v for a writ of inquiry in one week. National Banks are not exempt from usury statutes per se, but rather, for interest exportation principles get the benefit of the “most favored lender” doctrine. If National Bank NA is located in State X, State X allows 24% interest some how or some way, then National Bank NA may charge 24% interest to its out of state customers.

    Example: National Bank NA has an account with Joe Deadbeat with a 24% delinquncy/default APR governed by a contract which has a well-drafted assignment clause, and also a choice of law provision-State X governing. Joe Deadbeat is true to his name and the subject account is charged off. Along comes JDB, Inc. eager to invest and purchases a potfolio including the account of good ole’ Joe Deadbeat. Let’s say our Buddy Joe lives is State Y. State Y has an iron clad 18% interest rate cap. As the voice from the PMBR CD’s would say… Discuss.

    My opinion, JDB stands in the shoes of National Bank NA and may validly sue for prejudgment interest at the rate of 24% in a State Y courthouse. Why? Because Joe Deadbeat agreed 1) to pay 24% APR in a valid and enforceable contract, and 2) that his account and National Bank NA’s contractual rights could be assigned/purchased.

    If the Honorable Judge Homer Fieldadvantage in State Y refuses to award interest at State X’s 24% rate, that means National Bank NA cannot assign its contractual rights, and that devalues all of its accounts instantly. Why pay for rights you could NEVER enforce?

    If National Bank’s cannot assisgn or sell the rights to collect their accounts, then section 85 and the Act isn’t doing what the Marquette court held it did –just my opinion, fwiw.

    Has anyone else dealt with the interrelation of interest expotation, assignment, and usury?

    • Beau Graves esq.

      If your bar number is bigger than mine, that means you were admitted after me, and thus are less experienced. Good try though.

  • Concetta Puglisi, Esq

    Debt buyers are not exempt from state usury statutes the same way that national banks are under federal law. I have been successful defeating at least one summary judgment motion with this line of reasoning and am attempting it again. Has anyone tried a class action along these lines?

  • http://toddmurraylaw.com/ Todd Murray

    Sam is absolutely right, there are numerous defenses to a collection lawsuit and all of the ones he mentions are good ones. I’m sorry if people read the post and got the impression that they shouldn’t defend themselves against a lawsuit (see my post from yesterday discussing the importance of responding to the lawsuit and engaging in the litigation process). In credit card cases, if the creditor can produce evidence showing a consumer used the card to make purchases (such as billing statements) they can often prevail without the contract. There can definitely be defenses to this argument, though. Contact a consumer lawyer if you are in this situation for advice about your case.

  • Dan

    Sam,

    Although a “signed contract” is not required, surely the debt collector must present some evidence that the purported debtor agreed to be bound by a contract. It seems to me that many commercial creditors would not have any such evidence for many transactions (i.e. for telephone sales using a credit card, unless they have an actual recording).
    In your experience, are defendants often successful arguing that there is simply no proof that they entered into a contract?

    • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

      Yes, there must be evidence of offer and acceptance in order for a creditor to take advantage of the terms of the cardholder agreement.

    • Simon

      Offer and Acceptance, if a credit card statement shows the card has been used, that is enough to prove acceptance of the debt.

      • http://caveatemptorblog.com Sam Glover

        Not necessarily. The statement is not evidence of who used the card, just that those purchases were made with the card. Alone, the statements suggest the existence of a debt with the named cardholder, but they won’t hold up if the consumer denies making the charges. The terms plus the statements plus the receipts make up the full agreement between the credit card company and the consumer (note: there is never any agreement between a third-party debt buyer and the consumer except—arguably—through assignment). Without all the pieces, you don’t have a contract.

        Besides, statements are irrelevant to the question of whether the consumer owes a debt to a third-party debt buyer.

    • kyro anubis

      Correct. They must produce evidence. That is the key and it is their job to prove not yours. They must provide absolute evidence that they actually own or represent whomever they claim they do. If you force them to produce that information I guarantee you they will drop the case. (the ones who submit false info) That being most of them.

      When they try to worm out of it, ask the court take notice of fraud upon court, and request sancations be granted as any entity filing hundreds of cases is well aware of the rules and conduct of the court showing intentional disregard and abuse of process just to name a few.

      Owing money or not doesn’t give them the right to mislead and abuse the legal system and they deserve to pay. The time, money, and resources these leeches waste is triple any debt.

  • Evelyn Swancy

    What other defenses could there be. No contract, debr sold amount inflated. So you are saying there is no need to fight the suit?

    • Sam Glover

      Absolutely not.

      There are very good defenses in many cases, including lack of evidence or notice of assignment, invalid assignment, incompetent witnesses and inadmissible evidence, statute of limitations, and more.

      You can get more information on defending debt collection lawsuits here, or you can call an attorney in your state to find out what you can do in your lawsuit.

    • Joe Deadbeat

      It is apparent that this web site is the product of the collection industry and is meant to discourage the consumer from using the court system and supporting the thugs in the financial services industry.

      • http://caveatemptorblog.com/find-consumer-bankruptcy-attorney/ Sam Glover

        You really think so? It’s my site, and although I’ve sued a long list of debt collectors, I’ve never defended one. Also, the article on which you commented is instructing consumers how to go about defending themselves in court.

        I want to encourage consumers to use the court system. That’s why we make free resources available, and why we are building a directory of bona fide consumer and bankruptcy attorneys.

      • JT

        I agree but after seeking the advice of a lawyer who tried to run the BS of “there is no need to fight if it is your debt” crap on me. I went to court and fought on my own. They know just as well as I have learned through research they can not collect on old debt. Also, if a debt has been sold several times, only the originator of the debt can rightfully sue. My debt was dismissed without prejudice but let’s see if they have the balls to try and sue again for the same thing which would make no sense. Be encouraged!
        JT

    • DJA

      Not true, I won a case that a debt buyer had no proof. Judgment was granted in my favor because the debt buyer had no proof. Fight the suit, no proof, no suit.

  • Margo

    Garand555,
    I’m going through a law suit with Citi and would love your help. I too am doing it alone without counsel Did you actually send this to citi or the attorneys representing them in the suit? Would you be willing to share?

    Any help is greatly appreciated.

    Thanks