Sunday, October 4, 2009

Credit & Bullsh*t: Fighting a Credit Lawsuit and Winning

This is a real story, no bullshit and no pitch; but in today's world where the paycheck-by-paycheck folk are taking the brunt of greedy multi-corporations, I had to give you this information on how I beat a credit lawsuit a couple of months ago.

Here's my story....
One day I got a letter in the mail saying that a law firm was suing me on behalf of two alleged credit card accounts that I had taken out in my name.

I froze.

I was pissed and stressed. As a (semi-employed) graduate student, who needs the threat of their slave wages being garnished.

In the past, I have heard stories from several women who got their wages garnished from a lawsuit like mine. I was shook because the total was close to $4,000. For real, my bowels got a little slushy because here I was dealing with these credit hustlers once again.

But somehow, the current economic crisis gave me a boost. Not only was I determined to win, but also get the phone calls at my house stopped and the all of the collection agencies attempting to collect a debt from 10 years ago, out of my life.

As I saw AIG, Lehman Brothers, General Motors, Bank of America, and all these financial industries receive the largest welfare checks ever cut by the United States government, I thought to myself, I will fight against a bill that is not only mine, but fight against the others that are a crock.

The reason I am so adamant about this issue is because banks, credit agencies, and many institutions survive off of the pennies of people who are barely making ends meet. These people, including myself, are vulnerable in legal representation or ignorant to how they can fight.

I was disgusted by a $250 credit limit coming out to $1000 because I did not pay the full amount for a couple of months. Moreso, I was totally furious by a company given billions of dollars for fucking up, and here I was getting penalized for some pennies in comparison, and having to pay more interest than they ever would.

Time for some action...
I used my $100,000 degrees (my total in student loans) and did serious research (in one of my seminars on my laptop) and found out some facts. I counteracted and responded to the lawsuit.

In my response to the courts, I indicated that the law firm/collection agency did not prove or send information that I was the actual person (fiduciary) connected to the account. This meant, they did not provide an original agreement with my signature in their attempt to collect. Even if you are the person, you can still state this because collection agencies do not have the original contract.

My response turned into a trial date. When I got there, there were a lot of people who did not show up. The credit card automatically won. There were three people who did, including me, and we all walked out of there clean as a whistle due to our cases being dropped because a representative from the agency or firm did not show.

In my case, the law firm attempted to shaft me on both court dates by sending me a letter the day before the case went to court saying that they had requested the case to be dismissed. If I would have gone by their words, and not presented myself in court, than I would have lost. So NEVER trust your opponent in court matters, have the courts tell you the deal.

I am passing this information on to you in hopes that you can use this to your advantage. It is not a foolproof plan, and I don't know what it will get you, but it will help. Standing up will help.

There is also a template of a letter you can send to collection agencies to stop them from collecting. I found it online back in January 2009 and copied it for my records. Unfortunately, my computer crashed in May or June of this year and the one copy I had was lost.

No worries, below is an actual letter to an alleged debtor telling them to back the fuck up and back the fuck off of me. I took some of this verbage and put it in my response to the courts. Just copy and paste, or tell the credit representatives who call you this shit and trust me, they stop. I've been getting more sleep, except for this morning when one of them called.

Midland Credit Management
8875 Aero Drive Suite 200
San Diego, CA 92123

First National Bank: Account Number Here

First, I am writing to tell you that I will report your violations to the Fair Trade Commission for not following the proper procedures in this alleged attempt to collect a debt.

Second, I request that you cease and desist, any and all contact with me and your collection pursuits.

Third, I am detailing your failure in following proper procedure and have noted your violations, which will be reported in the event you continue to harass me.

Your violations are the following:

Midland Credit Management did not produce a verifiable, bona fide, original commercial instrument between First National Bank and alleged debtor, JANE DOE, containing the alleged debtor’s bona fide signature.

Midland Credit Management did not produce bona fide proof that the live-born human known as Jane Doe is the fiduciary for the non-existent juristic entity known as JANE DOE.

Midland Credit Management did not produce all records, reports, memoranda relating to the source of funds relating this disputed account and list all other sources of information such as computer file names and names of databases or locations at which related information is located or accessible.

Midland Credit Management did not produce date of purchase of this alleged account from First National Bank, and purchase amount.

Midland Credit Management did not specify the amount that they have charged from the original account.

Midland Credit Management did not produce any documents of credit agreements showing my signature.

Midland Credit Management did not produce invoices that had been sent to me from First National Bank.

Midland Credit Management did not produce any proof that they had the legal authority to collect on behalf of First National Bank.

Midland Credit Management called my home more than three times a week, the legal allotted time to contact alleged creditors.

I demand that I am removed from your files.

I demand that you stop requesting credit agencies to place negative reports on my file for bogus charges.

Good Luck, I hope this helps.

Dirty Little Secrets of Credit Cards in Today's Financial Depression

Here are some other facts about Credit Card Companies & Collection Agencies that Might be Helpful
1. When a collection agency contacts you that means your credit card company has sold your account for pennies to a credit agency and/or law firm who then attempts to collect the debt. The original debt is gone because it became a tax write-off for Visa, Mastercard, Discover, AMEX, etc. The new debt is your original credit fees plus whatever the new agency has tacked on.

2. The new debtor takes your account and updates it credit scoring agencies (Experian and all those fuckers) along with a new debt that is usually 400 percent higher than your original debt. Technically, your debt is really gone because it was written off, but the collection agency can tell credit scoring company that your account is active and your balance has increased.

3. HOWEVER, the new debtor must have all of the original paperwork to prove that you are indeed the person who opened the account with the credit card company. Additionally, they must tell you how much they paid for your account, and the new charges they've added on. If they cannot prove you are the person who established the fiduciary (fancy legal word for saying you represent one of the parties in the business agreement).

4. If the debtor cannot prove these things than, they cannot collect shit from you.

5. If you are sued, you ALWAYS RESPOND TO THE SUIT IN WRITING. If you do not respond than you will automatically lose. What they don't tell you is that these law suits are a dime-a-dozen, and these companies do not have the legal labor force to fight every suit. These are scare tactics to get people to pay.

2 ish talking intellectuals holla at a sista:

Reggie said...

Good for you!!!

Go ahead and strike a blow for the little guy, somebody needs too!!!

Student Credit Cards said...

Thanks for posting.