Stop Debt Collectors Fast #2

Filed in Credit Repair, Loans by on January 13, 2012

You can stop debt collectors fast with our stop debt collectors letter. After all, debt collectors buy many debts at 15% on the dollar. Many know that their routine illegal harassment and misstatements can waste 50% of the amount owed. They also know that they face fines of up to $3 million for violating the federal Fair Debt Collection Practices Act.

Despite this, some debt collectors use lawyers that routinely violate the Act or common sense laws. Here are some of the fastest and easiest ways for you to stop debt collectors fast, even after they sue.

Most states require that lawsuits attach documents supporting claims. Some debt collectors try to avoid this by attaching only one standard page of a credit card note agreement to many complaints. In the opinion of one Assistant County Attorney, this is probably a violation of federal criminal law. Other attorneys attach documents that “exemplify” the applicable note. There is often a very good reason for this. Banks pledged most notes and credit card loans as collateral for Credit Backed Securities. These CBOs were usually bearer certificates, which traded without transfers of the underlying debts or appropriate transfer records. Therefore, banks and debt collectors often cannot prove who owns debts, with a proper chain of title transfers and related documents. In many cases, required there were no payment of required transfer taxes, which is why many state and local governments are now in a massive class action suit against the parties involved. This has been the subject of countless stories, with probably losses involving many trillions of dollars.

There are many ways to use this to respond to related lawsuits. These include:

           A prominent foreclosure defense attorney, who charges $1 a day

A “We sue debt collectors” attorney, who only charges part of collections in fraud cases (clients may pay court costs).

To do it yourself, submit these to the court with the header from the complaint. This comes first:

Response to complaint

The Defendant denies that it owes Plaintiff the amount stated and demands that Plaintiff be required to prove all elements of its case.

 – – – – –

This rest of these can come at the same time or at the first hearing. The first is often very effective, as debt collectors do not want to face a jury and many courts transfer cases for such trials.

Defendant Motion for Jury Trial                              ______________________________________________________________

Defendant requests a jury trial.

                            DEFENDANT Request for Production of Documents`                              _________________________________________________________

Plaintiff did not attach the legally required complete signed copy of the note, which is the subject of this claim, to its claim. Defendant requests that Plaintiff provide him with a signed copy of this note. Defendant also requests Plaintiff to supply them with the name and contact information of a person who can verify the accuracy of the note and all related transactions, based on personal knowledge.

Defendant Counter Claim`                              __________________________________________________________

Plaintiff repeatedly harassed Defendant with phone calls. This violated the federal Fair Debt Collection Practices Act. Therefore, defendant enters a Counterclaim for $100,000.00 and requests judgment for this amount. Defendant believes this Counterclaim is in excess of the jurisdiction of this court. Therefore, Defendant requests this Court to dismiss Plaintiff’s claim. If the Court is unable to hear this Counterclaim, but also will not dismiss this case, Defendant requests that the Court reduce this Counterclaim to the extent that it may hear it.


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