Junk Debt Buyers are simply Collection Agencies who buy your debt for pennies on the dollar. You could have a Collection Agency right now suing you who could be possibly the 1st, 2nd, 3rd, 4th or maybe even 5th company who has purchased your debt. The more your debt recycles and is sold off, the harder it is for the company to sue you. Lack of Standing. The more times your debt is bought the more the papers disappear which are vital in suing you. These papers are the documents that these unethical companies need in order to prevail in a court of law.
In regards to Junk Debt Buyers:
Simply sending you a Court Summons and Complaint isn’t good enough to sue you.
Simply stating that they own your debt and now you owe them money isn’t sufficient enough to sue you.
Attaching an affidavit isn’t sufficient enough to sue you.
The proof is on the Plaintiff. Any Plaintiff who sues someone must prove in court that they have legal standing to do so. If you are sitting there with a Summons and Complaint in hand from a company who claims you owe them money because they are the assignee of a bank you need to start investigating the lawsuit at hand.
By investigating I mean start digging! It is very scary to be sued in court. However, if you look around this site you will learn how easy it is to defend yourself against these unethical companies as well. That is the entire point of this site.
I am the owner of this website. Not proud of it, but things happened in my life just like you that I couldn’t pay my credit card bills and I was sued. I have been sued by numerous Junk Debt Buyers and I have won every single case against them, not bragging, but I also went after Capital One even though they were the Original Creditor and I beat them as well. Capital One thinks they can do what they want, they even filed an Agreement with the court. However, that agreement didn’t contain the date I opened my account with them. It was 3 years older than when I opened the account with them. My court agreed with me to dismiss the case because of the agreement. I was intimidated by their lawyer before our first hearing. He basically told me I better settle because they were going to win. I told him we’ll see about that and walked out of the room. That’s what they try to do, intimidate you, act like they got all the goods to win the case. When you have the law on your side, and trust me you do with these companies, it actually is a piece of cake to win these court battles.
Along with Capital One I have been sued by LVNV Funding, Red Rock Financial and a few others. There are so many things you need to learn to begin and this is what this website is for. I also put together a package to help everyone out there who has been sued by Collection Agencies so that they can see how I did it. So that they can see how to answer that summons the right way, what to look for to get it dismissed before you even have to answer it, and how to answer and send their own Discovery. Because Discovery is tricky with the questions they ask of you, and the documents they want you to get for them, most of their Discovery is a TRAP to get you to prove their case for them.
Capital One being the Original Creditor are hard to beat in court. It all depends on what they have against you.
First thing you need to do is make sure that the Company that is suing you is really the company. A lot of these Collection Agencies like to sue under the Original Creditor’s Name when it is really them who are suing you. So if something looks suspicious it probably is.
I don’t want to intimidate anybody with all these Legal Words that is why I have this website set up to help you all and I am not a lawyer so I think I can explain my cases better to the average person out there like you being sued. Do not be intimidated by any legal wordings simply look them up if you do not understand what they mean it really isn’t that hard at all.
Do not be afraid to face a judge in court. Know, that this judge sees this all of the time and quite frankly are tired of these Companies hurting people. Do you know how hard it is for a judge not to tell you how simple it is to win? To not show you that you did just one little thing wrong to stop these guys? They can’t tell you but I am sure they are rooting for you to win this thing.
So the best way to move forward with a credit card lawsuit is to first start off and get mad that this company is asking you to pay them hundreds maybe even thousands of dollars when they only paid $5.00 or $10.00 for your bill.
Second you want to put it in your head that you never opened this card with them and you want to fight them back and make them prove you owe them the money and not the original creditor.
Third you want to Answer your Complaint because they don’t want you too. They want a default judgment which is you not answering. Once they get the default judgment they can legally start to pursue freezing your bank accounts, putting liens on your autos and homes etc., That’s what they want. They hate nothing more than someone answering. Once you answer the lawsuit that right there costs them money. They now have to pay the attorney they hired to continue on and that is costly to them. Sometimes just answering the lawsuit makes them go away.
But again, this site is here for you to answer that lawsuit and win it knowing you have your Local Court Rules to help you win it!
Answering it correctly, or filing the proper motion will end this once and for all.
Good Luck to you All and I hope this website helps!