Debt collection thugs become helpless when you file a proper Answer with the court.
Lawsuits filed by collection agency punks are done on the presumption the sucker (i.e. you) will not respond, or will do so improperly. They want a default judgment, which they get when you do not defend yourself. And, most people do not! Most people feel, “what can you do?” and proceed to do nothing. That is the wrong attitude to take when it comes to fighting these debt collection leeches in the courts.
An Answer is proper when you admit to no allegations made by the debt collectors, and when you either demand proof of the debt or actively deny the allegations of the debt collectors. For a devastating defense, just demand that the debt collector show the “Real Party in Interest” in the matter.
Junk debt buyers have found a great scam, with nearly all debt collection actions filed by them. The junk debt buyer uses the original lender as Plaintiff, which is legal fraud. In court, they file papers as “Shi*ibank v. Joe Debt-slave” for the matter, but the actual, current owner of the account is Shyster Debt Systems, Inc., who bought the account from Shi*ibank for 5 cents on the dollar.
When a filing is made as though the “real party in interest” is still Shi*ibank, it is blatant fraud on the court. That alone is enough for a dismissal with prejudice (cannot be refiled), including sanctions (fines) against Shyster Debt Systems. Remember, all debt collection leeches lie, that is their business. If they didn’t lie, they couldn’t steal from people like you and me.
Demand (in court, you have to demand, not request, not ask) a true and full accounting of the origination of the “debt” you allegedly owe. Demand it have personal testimony from someone with (this is important) “bona fide” personal knowledge of the account (not “Suzy Jones”) describing how the “debt” originated. Demand the original contract, with all subsequent modifications (remember, you have no legal agreement with Shyster Debt Systems, hence there is no contract with them). Invoke the principle of “assumption of the risk” which asserts that “if” such “debt” truly exists, Shyster Debt Systems knew the debt was bad, but assumed it anyway, without coercion, and willingly.
After receipt of your Answer, 99 out of 100 times the debt collection thugs will disappear, never to be heard from again. Once the statute of limitations has expired (check your state laws), file a motion to dismiss the case for lack of progress (or prosecution, or whatever your state’s equivalent happens to be). The law assumes a plaintiff pursues a valid claim in a timely fashion. If the debt leeches let the case just sit without a response to your answer, sometimes for years, it may be considered “abandoned” in the eyes of the court. In that case, the court appreciates being able to remove the case form its books.
This is just the “elimination of headache” method. Other, more “active” methods are available, which anti-bankster crusaders have used. If you are the “I’m mad as Hell and I’m not going to take it anymore”-type, go “active” against these bastards. Nail them on FDCPA (Fair Debt Collection Practices Act) violations, which occur in 95%+ of all debt collection actions (from Dunning letters to Validation of Debt to Discovery). Each time you catch them lying, and/or failing to abide strictly by the FDCPA, or FCRA (Fair Credit Reporting Act, and other statutes), force them to pay you for each violation, after a court hearing. Some people have gotten so good, they make a living off of this.
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