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Debt Management Law News

February 12, 2010

Credit Card Debt Collection Lawsuit – Have a Party – Pin the Tail on the Debt Collector in Court

When dealing with a credit card debt collection lawsuit you must remember it is not a question of do you owe the debt but a question of do they have proof that you owe a debt? When someone files a lawsuit it is up to them to furnish absolute proof of whatever the lawsuit alleges and with card debt it virtually impossible to prove.

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

There are two things you will need to beat the collector before court. You must read Modern Money Mechanics by the Federal Reserve Bank of Chicago 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 problems" beating the collector and you will understand why there is no proof.

The second thing you will need is the Fair Debt Collection Practices Act which will lay out in detail what you need to do to force the opposition to produce actual proof that you owe money. If you do these first steps correctly there will be little chance of a lawsuit.

Young attorneys make their money standing before a judge for hours getting "default judgments" rubber stamped by a judge. Default judgment simply means a collection letter was sent and there was no reply. No evidence, no proof, no answer to a collection letter and now the collection attorney will own you.

You must answer these little collection notices in writing by registered mail with return receipt to prevent a default judgment. When attorneys see this demand for proof they usually send the collection information back to wherever it came from because they know they cannot win.

Collection attorneys usually get about $50 for sending you the collection letter then go to court and stand there for hours processing hundreds of letters as fast 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.

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

92% of credit card debt collection lawsuits are won because no demand for proof of an alleged debt was ever made. Set yourself apart, demand proof and be a winner.

Sometimes, debt can be overwhelming, and bankruptcy becomes necessary.
Bankruptcy can sometimes be difficult. If you are considering bankruptcy, contact the Houston bankruptcy lawyers of Weston & Associates, PLLC at 713-623-4242

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