Thursday, September 14, 2017

Have You Just Been Served By A Debt Collector?

Have you just been served a summons notifying you that a 3rd party collector is suing you?  You need to act fast.

Most states' courts give you 20 – 30 days to file a response with the court. After that time has passed with no answer from you, the debt collector can motion for a default judgment – and be granted that default judgment!     
     
Fight Back!  You don’t owe a 3rd party debt collector squat! You have no contract with them but if you don’t take action, they can, by your silence, have that court order a contract with you by way of a default judgment.  “Silence equals Agreement!” Don’t remain silent!

I can help you fight back.  You can’t beat them if you do nothing.  I know it’s scary, intimidating, and stressful. Sometimes you feel like you don’t know what to do or say, and you feel defeated.  That’s what they want you to think and feel.  If you fight back, you can win!  I want to help you win!

Contact me today. I fight better than most any lawyer will fight for you and I’m much cheaper too. I’m not interested in telling you to settle with them or file bankruptcy.  I fight to win! I have a 100% success rate. The law doesn’t allow anyone, including an attorney, to guarantee you will win, and I'm not guaranteeing that either, but I have a track record. I fight with laws and affirmative defenses and powerful discovery requests that so far, have yielded dismissals for my clients.


Don’t let these collectors win without even putting up a smidgen of a fight. Don’t let them smear your credit, get in a position to garnish your wages or put a lien on your bank account or other property. Contact me today.  Let’s beat them together!

Email me at futurefico@gmail.com or call me at 951-801-2828


Disclosure:  I am not an attorney.  I don't think that slow or stoop that low. I have however gone up against many debt collection attorneys and my paperwork prevails while they stand by, whine, stomp their feet and wail because they did not win. 

12 comments:

  1. Yeah, you're right. We better fight them rather than just be silent. I have also just read about how a consumer sued a collection agency at http://www.whycall.me/news/judge-rules-that-targets-harassing-debt-collection-calls-crossed-the-line/ and she won the lawsuit. We could fight them back and win if we do the right step.

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    1. Hi Tony,

      I'm sorry your link didn't show up. I have my coding configured to not allow links because I get a lot of spammers.

      Anyhow, yes, she did fight back but she initiated the lawsuit over harassment. That's what we have found most lawyers want to fight. They don't seem to care much if you're just going after collection companies for continuing collection activity without validating or similar other violations. They love the harassment and abusive behavior lawsuits and really love to take them into class actions.

      My blog post however, is targeting consumers that have been sued by these scumbag knuckleheads. They are intimidating and more people need to fight back by answering the lawsuit and slamming them. That's what I do and none of MY clients have ever lost. My paperwork is excellent and fights in a way almost no lawyer will.

      My goal is to help people fight and win, not put up a lame defense and then settle or file bankruptcy. I love to bring it on. Most people don't know where to start, have limited time, and the cost of using an attorney is more than double what I charge. So far, I have a 100% success rate. I don't know that it will always be that since the whole industry is corrupt. But, very few of my clients have actually had to fight in a trial because when they show up, the attorney usually just dismisses because they know the don't have standing and they suspect they are not going to be able to win because of everything that has been filed in the answer, discovery (I have my clients file those into the case as well), motions, etc.

      As long as the "judge" if following the law and there's no payola going on, every one of my clients should win. Unfortunately, the law doesn't allow anyone to guarantee that.

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    2. Thanks for this explanation. I do really hope that all of the lawyers in our country have similar mindset with yours. Keep up the good work.

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  2. What if you were not served by 3rd party but by the company you owe? Do you go to court? Will they sue or will it just be a judgement on your credit? Can they garnish check?

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    1. Hi Misty,You still need to answer promptly. It will go to court so you need to fight back to try to avoid a judgment. When you respond with an answer to their complaint, you need to put critical items for your affirmative defenses in order to force them to fight harder to prove their case.

      You have to put different things in than what you do with a 3rd party collector and it is a harder fight. You have to know in your gut and defend yourself mightily that you don't owe them because they never really lent you anything. No bankster lends you money. That is one of the keys to winning.

      Can they garnish? Yep. If they get a judgment, they can require you to give them all sorts of financial information about yourself, information about where you work, banking info, etc. Then they just motion the court to garnish and its usually granted. Once that's granted, they start snagging money from your paycheck.

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  3. Hey Shannon!

    I’m so glad you touched on this subject! Love allll of your advice

    For anyone just browsing the comments Listen to Shannon she knows what’s she’s talking about and she really does give you the tools to help fix your credit in this blog!

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  4. Hi Shannon! I love your blog.

    What to do when a collection agency has deleted an account from 2 credit bureaus but is still reporting on the 3rd??

    I did the dispute and the collector was deleted from 2 bureaus but not the 3rd. I sent a letter demanding validation and they sent me back a "verification" and bill.

    Would it be inappropriate to send the copies of the 2 credit reports that state DELETED? or should I send the 2nd letter stating the debt was never validated and to remove immediately?

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    1. Hi Erika, Thank you for the compliments and the donation. Both are very appreciated.

      What I would do is to send another letter to the collector and advise them that what they sent was not validation, and sometimes I school them on what validation is - depends on the mood, and tell them that what they have done now though is to violate the FDCPA for continuing collection activity without validating since it's still on your reports and they've also committed mail fraud, which the Postmaster General takes very seriously, since they sent a bill for an unsubstantiated and false debt since they have never lent anything to you and have no contract with you to prove otherwise.

      Then I would wait about 2 weeks and dispute with the bureaus again stating that they chose to remove it from the other bureaus when they couldn't validate and that since it remains unverified and not validated, the law requires it to be removed promptly.

      Since you got it off 2 bureaus, usually, but not always, you hopefully will see it come off the 3rd. Good luck and much success!

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  5. Shannon, I had 3 accounts with a third party collection company, which later they ceased collections on all 3 accounts in November by me calling and stating I had a medical/financial hardship. While on the line with the rep, he advised that one of the accounts had been forwared to an attorney. They advised me to contact the attorney to make them aware of the ceased collection. I never did being that collections were ceased. Last week, I started getting advertisements in the mail from various attorneys about a judgement filed against me. I looked on my county courts website and low and behold, there was a case filed. I contacted the collection company back to ensure that all collections were ceased on all 3 accounts. He stated that all collections were ceased and no further actions would take place and that they had already notified the 3 credit bureaus to remove each account. I knew they did bc I received notifications back in November that the accounts had been removed from my credit reports. I asked if he could send me something in writing regarding the ceased collections for each account, especially the one that was sent to the attorney. The rep advised that he didnt see where a case was filed. He stated that I should receive the letters within 7-10 business days. The rep even sent an email to that law office advising them of the ceased collections. I got a letter from the law office over the weekend stating that they are aware of the hardship and to send them something to support my claim. Back in Nov. when I initially called, I only received one letter regarding one account being ceased, but since the accounts had fallen off of my report, I never called back for the other letters. Over the weekend, a private server delivered the papers to me regarding the filing. My question is, with me having those letters saying that the company has ceased collections on each account, how do I proceed? I know I have to file an answer within 20-30 days but with those letters from the collection agency, will that hold up in court and be dismissed? Is there a way I can prevent going to court, period? Im puzzled bc it appears that the law office is a stranger to this transaction and just want money from me that the collection agency itself is no longer seeking. I have no intention of paying the law office anything.

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    1. Hi Heather,

      NEVER TRUST A DEBT COLLECTOR! A C&D means you are telling them to stop collection activity. When you do that, their only recourse is to file a lawsuit - UNLESS you demanded validation. A failure to validate blocks them from suing you.

      They don't care about your hardship. Claiming you can't pay because of hardship is not a denial of debt. Disputing with bureaus is not a demand for validation. Its one of the reasons why I stress the importance of validation demands so much. Just because things are removed from your credit reports doesn't mean they can't stop trying to collect from you or sue you.

      Now, you MUST file an answer to this lawsuit filed against you ASAP! That is, unless you want to just let them get a default judgment against you. Calling the lawyers and pleading hardship is not going to work. Sending them a demand for validation now is not going to work. At best, the court will give them 30 days to provide validation. But the lawsuit is on and the only way to make it go away is to fight it.

      I can help you with that if you would like. It's not free but I'm waaay cheaper than an attorney who will probably try to get you to settle, and unlike most attorneys, I have a 100% success rate for my clients' lawsuits.

      Contact me by phone or email if you would like my help. I wish I had better news for you. Unfortunately, they beat you to the court before you demanded validation.

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  6. I only have medical bills on my credit I did put no contract in the comments and now I'm worried I'll be sued should I just delete the dispute?

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    1. I wouldn't delete the dispute. You claim no contract, they are responsible to prove you wrong. Don't forget to send them a demand for validation - directly to the collector. Demand that they send you a contract showing you agreed to do business with their company specifically. Validation demands are the best protection from lawsuits. They can't truly validate so if they sue you, they are breaking the law and you can fight back in court showing you demanded validation and they did not send you what you asked for. There's more to it in winning in court against these thugs but writing a competent demand for validation and including on point laws and case law goes a long way in not just removing them from your credit reports but backing them off of suing you.

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