Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Tuesday, November 17, 2009
Winning strategies to defeat judgments

:Collections Law

3 year old debt

when I was 19-20 years old, I opened a credit card with Chase Bank and maxed it out (I know, dumb move)...I had a child when I was very young with a guy that was much older than me...blah this made me rebel a little.

Anyway, I got a few bills in the mail for this card, but never paid them because I didn't have a job at the time. I then got a job that paid really really good under the table, but the guy I was with wanted me to give it all to him so that the other bills could get paid. I am now stuck with this debt of almost $1,400.

I was taking a shower the other day when the sheriff brought me a civil summons for this debt. The person suing me is First Resolution Investment Corp.
Is this real? It doesn't show a court date anywhere on the paper. It just says "unless a written defense is made by you or an attorney in your behalf within 20 days following the day this paper is delivered to you, judgment by default may be taken against you for the relief demanded in the attached complaint".

I have no idea what to do here. I've heard lots of bad things about First Resolution Investment Corp.

I am now in college, taking care of my two young children, and I do not have a job at the moment, but I am actively searching for one.

Thanks for your help,

: Sorry to hear of your problems. I'm sure you really didn't need this one added on to the rest of them you have however you will have to deal with it one way or another. It really sucks to be in a situation where you don't have enough funds to take care of all the problems that come your way. Being poor is far more expensive than being rich. Lack of knowledge is even more expensive.

Put the two together and you really know what trouble is. Regardless of your circumstances you have to meet this one somehow because if you don't they will get the default judgment and then they can go for garnishment of any assets you may have including freezing all the money they can find in any bank account.

If that happens you will go out to buy groceries or pay rent or whatever and find you have no funds. Checks will bounce, your debit cards will be declined and all of that will cost even more. Then the bank will charge you a hefty fee for responding to the garnishment. That often runs anywhere from $100 to maybe as much as $200. If you don't pay that and the bounced check charges they will close your account, report you to Checksystems and other reporting agencies and send you off to another debt collector who will eventually try to sue you for that. More misery heaped on top of what you already have.

Then when you get a job they can garnish up to 25% of that. There are even more things they can do to you such as taking your car in some states. So you can expect a great deal of abuse if you don't learn how to deal with it now and do so within the 20 days. You won't even be able to find an attorney to help you deal with it because you haven't enough money to pay them and they really couldn't help you even if you did.

The problem is that when you get to court the only question before the court is whether or not you owe the money and of course you do. The judge knows that because if you didn't owe the money the plaintiff would not be there complaining. You know you owe the money but if you admit that you are sunk for sure so the trick is to never admit that you owe the money and try to force them to prove that you do. If that don't work then you have to find some other way to force them to go away empty handed and leave you alone.

It is possible to do that and even make them pay you to go away and leave them alone instead of you paying them anything. Yes, I know that sounds impossible but it just so happens that many of the things that lawyers either do or don't do can subject them to federal lawsuits which they can't possibly win and that is just about the only way to get the upper hand in these types of situations. Getting grounds to sue the lawyer and his client is very easy to do. If they provide you with any kind of false and misleading information either in or out of court you have grounds to sue them in federal court and maybe in state court as well. And that is just for starters. You just have to know or learn how they can violate federal or state laws and be willing to go after them for their violations just as they are coming after you for your failure to pay what you owe.

But for right now what you have to worry about is how to respond to their complaint in the proper way. In order to give you a good general idea of what you will need, I will outline it for you. First you will want to prepare a response to the complaint which denies all their allegations. Then you will need a certificate of mailing. You will want them to admit certain facts you can use in your defense so you will want to prepare a list of admissions. If the summons was the first communication the lawyer ever had with you then you will want to prepare a good dispute and demand for validation letter to send to the plaintiff's attorney as well. You will need at least two copies of each document.

You will want to have a large brown envelope with you and have your certified mail return receipt green card all made out and attached to the envelope. Once you have prepared all of those you will want to take your response (two copies) to the clerk of the court who will stamp both copies and return one to you. Put that copy in your brown envelope and seal it and go to the post office and send all of the documents to the plaintiff's attorney. If the summons was your first communication with the attorney then they cannot move forward with the case until they have provided you with the required documentation. They must respond to your demand for validation within the time limit allowed by the Rules of Civil procedure for them to respond to your demand for admissions. If they fail to do that and respond to your demand for admissions before they provide you with the required documentation you demanded then they have violated by engaging in illegal continued collection activity and if they wait on their response too long then you can move to have your demand for admissions deemed admitted by the court and they lost that way.

They must comply with both laws or they are in deep trouble and you can win. There are many other ways they can violate and if you know how to do it you can be certain of getting a clean kill once you get them to federal court. They always violate one way or the other. Maybe that's why they only claim to be practicing law. If they really were the professionals they would like people to believe they are then they would not commit the glaring errors that they do and would never have to worry about getting sued in federal court.
Need some help learning how to do all that and much more? Just use the image and learn how to do it.
Links to this post:
Create a Link