Debt Collection Lawsuit – Pin the Tail on the Debt Collector in Court

When working with a credit card collection lawsuit you must keep in mind it is not a question of do you have the credit but a question of can they prove that you owe a debt? When any person files a lawsuit it is up to them to provide absolute proof of whatever the lawsuit alleges and with card debt it is virtually impossible to prove.

Collection lawsuits as a rule begin with a threat and that should be your wake-up call to put an end to the alleged credit once and for all in a court of law if it comes so far. If you supposedly have $20,000 on a credit card it will be your chance to make $20,000 by ceasing it legally.

There are two aspects you will need to beat the collector before court. You should read Modern Money Mechanics and get it into your head that the bank did not loan you any money. Once you have this information embedded in your memory you will have no “moral troubles” beating the collector and you will understand why there is no proof.

The second thing you will have to do is the Fair Debt Collection Practices Act which will lay out detailed information about what you need to do to force the opposition to produce actual proof that you owe something. If you perform these first steps correctly there will be little chance of a credit card lawsuit.

Young attorneys earn their money standing before a judge for hours getting “default judgments” rubber stamped by a judge. Default judgment simply implies a collection letter was sent and there was no response. No evidence, no answer to a collection letter and now the debt settlement attorney will own you.

You should respond these little collection notices in writing by registered mail with return receipt to prevent a default judgment. When attorneys see this requirement for proof they usually send the collection notice back to wherever it was from because they understand they are not able to win.

Collection attorneys as a rule receive approximately $50 for sending you the collection letter then go to court and stand there for hours processing hundreds of letters as quick as he can hand them to the judge to be rubber stamped “guilty” because no one took the time to answer his letter in writing.

Sometimes some young attorney in desperate need of cash to pay his student loan for law school will commence a lawsuit. Laywers cannot testify to the facts of the case. This means that you shoul demand a witness that has actual knowledge of your alleged debt and that is not going to happen! You win!

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