Debt Collection Lawsuit - How to Respond to A Debt Collection Lawsuit

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Category:

Education

Tags:

• Debt Collection Lawsuit
• Debt Collection
• Collection
• Damian Falcone

[garand555]

Most of winning a debt collection lawsuit against you is not giving your side of the story. It is disputing and making them prove theirs theirs. The burden of proof is on them, and believe me, the top 5 banks don't always keep top notch records and aren't always willing to follow the rules of evidence. Hearsay rules are your friend.

[FalconCreditMngment]

@garand555 I agree that it can be affective to request all that is required of a creditor while giving them the opportunity to make an error similar to blackjack players in Las Vegas not taking a card and allowing the dealer to hit a 16 in the hopes the dealer will bust. Although this can be very effective it is only a portion of a successful strategy and is easily recognizable to representatives that see these cases every day.

[FalconCreditMngment]

What questions are you referring to?

[FalconCreditMngment]

In the United States individuals are given a choice whether they attend arbitration. This is called Due Process.

Presently, Individual contracts can have a mandatory arbitration clause But it would be written to protect the creditor - Since they are writing it.

Recently the Arbitration Fairness Act was introduced into the US Congress which seeks to further prohibit mandatory arbitration in contracts because it unfairly discriminates against Consumers - Not because it helps them.

[StSimonMartyr]

People are now Electing ARBITRATION per the Cardmember agreement and Winning!

It allows defendants to Go On Offense in their defense and bring up a multitude of counter claims ..FDCPA, TILA, FCRA and State violations at $1000 per violations + Damages.

It also makes the Creditor spend $5000-10,000 to go to Arbtirations (JAMS, AAA, NAF). I suggest it to anyone being sued.

Get your case Out of Court!

The Judges will not ever side with defendants and go to Motion Summary Judgements quickly.

[FalconCreditMngment]

@StSimonMartyr

(1) Arbitration based on the "Cardmember Agreement" would depend on the "Cardmember Agreement" and should be considered;

(2) The counter claims are available at all times;

(3) The costs associated with arbitration are similar to costs associated with litigating. This is easily leverage you can use and a reason why your creditor should want to work with you;

(4) Arbitration panels are typically composed of Judges and attorneys - probability for success should be similar.

[StSimonMartyr]

I suggest you visit Debtor Boards Forum in the Arbitration threads.

Your questions can be answered there by reading. Its only 1 strategy but has worked for me and many.

[mpatton53719]

@StSimonMartyr can you tell me more about this.. seriously.....

[StSimonMartyr]

3. Arbitration ,Creditor pays.. Debtor files a waiver form. Costs to initiate For Creditor are about 3k to start and go up to 10k, depending on Discovery. It bills at $500 per legal hour. Its very expensive.

4. Judges sit in Kangaroo courts, are not pro se friendly, and often dont rule or hear cases fairly.

Its often a rush to summary judgment.

Arbitration allows Debtors to go On Offense. Creditor is put on Defense & thats why it is working

Debtor Boards Forum has documented many $ wins