| They've got literally hundreds of thousands of | | | | $4,888.00 Profit off of your stupidity of not |
| defaulted credit card accounts in their possession. | | | | answering that summons. |
| You to them are just a number. | | | | Now, I have expressed this over and over again I |
| They don't care what they do or how they do it | | | | DID NOT know what I was doing either. Was I |
| they just want to make thousands of dollars off of | | | | scared? Absolutely. But I have learned so much about |
| the pennies they paid on your account. This includes | | | | JDB's and Collection Agencies that I'm not scared any |
| tons of FDCPA Violations against them. | | | | more. |
| You get an attorney they may go away. You cannot | | | | As I said above we are all just a number to these |
| afford an attorney they are hungry for that Default | | | | companies. |
| Judgment. | | | | When you Answer Your Court Summons you TICK |
| So what do they do? | | | | THEM OFF. |
| Some send you threatening letters which some | | | | Now you have blocked them from that Default |
| people decide to ignore ... some people don't ignore | | | | Judgment. That is, only if you DENIED every single |
| those letters and send Debt Validation Letters to the | | | | count against you on the Complaint. |
| Junk Debt Buyer. | | | | If you admit to any of the Counts on the Complaint |
| How does the Junk Debt Buyer respond? | | | | what they will do next is file a Summary Judgment |
| Most like to answer your Debt Validation letter with a | | | | and probably win it. Because, you admitted you owed |
| Summons and Complaint. | | | | them money or it's your account. Regardless you |
| Yes, you should always send a Debt Validation Letter. | | | | admitted it's your debt and they'll win it. |
| And you should always send it Certified Mail with | | | | You have to be thinking when you get the |
| Return Receipt. Why? This is your proof that you | | | | summons...did you ever receive anything in the mail |
| sent it and if they don't respond to it they are in | | | | from the Junk Debt Buyer showing you that they |
| Violation of the FDCPA and you can countersue them | | | | legally now own this default account? That is called |
| for $1000. | | | | the Assignment. |
| Below is only my past experiences: | | | | Well, these guys will claim that they sent you a copy |
| I took every single letter that I was receiving from | | | | of that Assignment when they bought the account |
| Collection Agencies and JDB's and threw them out. | | | | off of whatever bank. |
| I then learned that you should send a Debt Validation | | | | You need to think, is this it? Just a few paragraphs |
| Letter. I did this twice and both times I GOT A | | | | and you want me to pay you $5000.00 because you |
| REPLY from them which was a SUMMONS. | | | | say so? |
| It's almost as if they said GREAT! He or She lives | | | | Where is the proof of Assignment? Meaning show |
| there, he or she answered, now we can sue him or | | | | me that you have the right to collect this debt. So |
| her! | | | | that is what they mean by Real Party in Interest. |
| Legally, they are suppose to respond to my Debt | | | | That the Plaintiff listed on your Complaint has the |
| Validation Letter. Most, again DO NOT instead they | | | | Legal Rights to sue you. That is proven by showing |
| sue you. Hoping you have no clue about the FDCPA | | | | you and the court a copy of the Assignment they |
| and Countersuits. | | | | received from the Original Creditor. |
| What a JDB thinks is this for example: | | | | Now, was that attached to the Complaint? Does |
| You owed $1400 on a Credit Card and Defaulted. | | | | your Local Court Rules say that it needs to be |
| They bought it for $12.00. YEP $12 measily BUCKS! | | | | attached to the Complaint? |
| They find out where you live, get a response, sue | | | | How about the Contract? Was that attached to the |
| you or get no response and sue you anyways. Most | | | | complaint? Do your local court rules say it needs to |
| of them will sue you if they know you have a job or | | | | be? |
| assets (property) in your county. | | | | Would you believe some guy named Joe who came |
| They basically scrub you out to see if your worth | | | | knocking on your door and said hey buddy you owe |
| the money to file the suit against so they can collect. | | | | me $5000.00. Would you pay him just because he |
| So now they bought this debt for $12.00 and are | | | | said so? |
| suing you for the $1400 plus interest of let's say | | | | Same thing with these Credit Card Lawsuits. The |
| $2500 plus late fees, attorney costs ETC.. now | | | | proof is on the Plaintiff. You say I owe you $5000.00 |
| they've racked up a big fat bill of about what? | | | | well buddy I'm going to MAKE YOU PROVE IT. |
| $5,000.00 PLUS? | | | | They will mess up somewhere in here some how, if |
| They throw all this onto a summons and claim you | | | | they have not done so already. |
| owe them all this money. 95% don't have any proof. | | | | For instance in Indiana if I got sued by a Credit Card |
| They then hope that you are scared and don't show | | | | company and they did not have the Contract and |
| up for court and they get a Default Judgment | | | | Assignment attached to the Complaint I would file a |
| against you. | | | | Motion to Dismiss and win. I would only get it |
| Their lawsuit is a basic scare tactic. Hoping you just | | | | dismissed without prejudice and they would be |
| don't answer your summons and win that Default | | | | allowed 20-30 days to amend the complaint. What |
| and come after you. | | | | that means is they can re-file the same lawsuit and |
| If you didn't answer the Summons..WELL now...YOU | | | | attach the contract and assignment and it's a go. |
| LOST!!! | | | | If they don't comply within the time allowed, I would |
| With the Default Judgment in hand you now owe | | | | then file a Motion to Dismiss with Prejudice because |
| them $5,000.00 and they can legally collect it. | | | | they were given time to Amend and failed to do so. |
| They will send Interrogatories around to the banks in | | | | And I'd win. |
| your area until that one bank send it back saying YES | | | | NOW does your court allow you to File a Motion to |
| John Doe does have an account here. | | | | Dismiss in lieu of an answer? Meaning, you found all |
| Next thing you know your bank account is frozen. | | | | kinds of things wrong, things that they did that did |
| The Sheriff is at the door with a Court Order for a | | | | not comply with your Court Rules? |
| Garnishment Hearing. Or a Garnishment Hearing | | | | That is where you start. |
| appears in your Mailbox which you DO HAVE to | | | | Answer your SUMMONS plain and simple. Ignoring the |
| show up for. | | | | Summons will cost you alot more than the money |
| So, now these guys got your bank account frozen | | | | you owe them. It can ruin your life, freeze your |
| for the $5k you owe them plus they'll take a chunk | | | | accounts and garnish your wages. |
| of your weekly pay check. | | | | Ask yourself this: Is it really worth not Answering it? |
| They DO NOT CARE. They just made a nice | | | | |