Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Friday, January 04, 2008
Making lawyers cry a lot
Comment: Thank you so much for your help. Your response is greatly appreciated and just what I needed to get me started on battling this bologna. I look forward to posting a comment detailing success.
Questioner: Brandy
Category: Collections Law
Private: No
Subject: Received Summons
Question: Today I received a summons and complaint regarding unpaid debt. I called the attorney listed as the plaintiff and was told this acct. had been charged off in 1997. The acct. was originally opened 5/1/92. My concerns are 1)I am not aware of this credit card, have no record of it and nothing shows up on my credit report 2) I have never been contacted during the past 10 yrs notifying me of the debt or asking for pymt 3) When this account was opened I was still in high school, living at home...would the credit card company give a high school student a card with a $5000 limit? Is there a statue of limitations on collecting this debt? Do they have to make an effort to notify me before suing me? Is there a way to see the actual application that was signed to validate my signature? I have only lived in two places during the past ten years and have worked at the same location for the past 15 years, not hard to find if this debt was mine...why now?
Answer: there are two ways to approach this problem. The be nice approach or the get mean approach. I would choose the get mean approach myself. The first thing I would do would be to file a motion for more definitive statements. That usually gets their dander up and puts them into a fighting mode. They will probably file an objection claiming something dumb such as claiming that you are attempting to use discovery and have not filed an answer to their complaint. I love it when they get that dumb because then I can file a motion to compel and get the judge to order them to answer. I can also use demands for findings of fact and conclusions of law if necessary. Once I force them to answer all my questions about those things they said in their complaint I can start discovery demanding interrogatories, admissions and production of documents. I can ask questions I couldn't ask in my demand for more definitive statements. I was very, very limited in what I could ask in definitive statements because if I asked the wrong things I would be engaging in discovery which I cannot do in demand for more definitive statements. I would expect them to object to or refuse to answer interrogatories as well and so then I would motion to deem admitted or compel. I would keep on dragging it out that way until all my remedies were exhausted and then I would drop the bomb on them with a motion to dismiss with prejudice and they would either have to attempt to dismiss their own case or get it dismissed for them. They would probably object to motion to dismiss with prejudice because they would want to be able to either sell it to some new debt collector or bring it back again later hoping to get a different judge. But they would lose the case badly and then I would take them to federal court for misrepresenting the legal status of the debt and sue the pants off of both the lawyer and the plaintiff. Naturally they would have no defense against that lawsuit and probably would want to settle on my terms rather than tell their story to a federal judge and jury. Now that is what I would do to them. That's the way to get mean about such things. Maybe you don't want to go through all of that and if you don't then you need to do the motion to dismiss and be done with it. You can do whatever you want. I can't tell you what to do nor can I give you legal advice. I'm not an attorney but I sure do know how to make them cry a lot.

If you want them to cry a lot too just give me a call at 405-616=7901 and I'll teach you how to do it to them too.
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