How to beat A Debt Collector In Court
HOW TO BEAT DEBT COLLECTORS IN COURT
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what's up my name is stephen williams
i'm the founder
and president of thecreditrepairshop.com
in today's video i want to talk about
something that's specifically
on the rise right now and that is
lawsuits
from debt collectors they are going
crazy
my office has been getting a ton of
documents
from customers that are getting sued
people are reaching out to me for my
youtube channel people are just
going over reaching out to me from the
internet they're saying i need help
the they are trying to sue me for 5 10
one of them that i had right here was
for over 25
000 from a debt collector who has
claimed to have a sign been assigned a
debt
or debt collectors that are just
outright saying that they purchase
a debt and something that really
concerns me a lot
like with that that i've never
thought about this ever happening is
that
when debt collectors buy debt they still
used to
always have to get someone in the area
to file
the case well due to covet what's
happening right now is that they could
get a paralegal
to follow the case in your area
but they can do the hearing virtually
so it takes down their cost and what has
happened from that is they are taking
even more risk
they're taking even more risk because
they know
that the vast majority of consumers who
receive complaints
uh for uh court summons to go to court
probably 95 percent never show up
and up to five percent that do show up
probably only one
tenth of one percent actually know what
to do
how to respond to the court summons or
citation
uh complaint the proper way well i want
to talk to you about something that
uh you can do and we also have a service
if you want us to do it for you but let
me tell you
uh probably the fastest and the
easiest way to put the debt collector
back on their feet is to do a debt
validation but you have to do
that validation off of the summons
complaint
you can't just say i don't owe this debt
you have to structure
your response the way that the court
has uh in your area wants you to submit
it
i've seen hundreds of different
uh summons from different areas
different states
and it seems that most of them are doing
them all
some have some type of variation in them
one of the things that i see from a lot
of debt collectors is that they're not
even
really doing a full summons
complaint their base just putting the
bare bones minimum on there because they
know most people
don't know what to do or they won't show
up so let's go over something that you
can do
right away and if you do this the right
way you can put debt collectors back on
their feet
the first thing that you should do is
you should look at your
your summons and you should answer every
question on there
now we're not saying that you're you are
admitting to anything you should just
state
that there's not enough information for
you to
admit or deny the information that
they're stating
in their uh integrity interrogation
against you uh so you're not just saying
hey this isn't me
all this stuff that you see on youtube
you're basically stating that you need
more information and you have a right to
get all that information
uh some of the times they will include
or most of the time they'll include
the last statement so it'll basically go
like this
this is they'll say your name and you
lived at this address you wouldn't deny
that that's your address
they may say that you were served at an
address
if you were served in that address yes
if you were not served at that address
state no and if you've never limited
that address you state no
uh then they may say you owe this amount
of money
and right there is where you would say
that you don't have enough information
to either admit or deny and you have a
right to do that
and uh they may even state that you owe
them the money but you
never did business with them so you're
asking for clarification
with the relationship between you and
the debt collector
the next thing is that you have a right
and a lot of people just
never thought about this and the more i
read about
uh uh the debt collectors process for
cement and evidence and
and what evidence is approved by the
court
is that you have a right to have them
strike
the evidence that they've submitted
usually
and if you if you have someone sitting
in front of you they've usually only
made statements which is what they've
put in writing
and then they submitted the last invoice
or the last
bill that you had from the original
creditor
well that's not enough information and
i would bet you if you were to look at
that
uh statement that they sent you that
they've
blackened out the entire uh
account number except for the last four
that gives your door open to let the
court know that
you don't have enough information you
need to know the complete
account number when you ask for that
information what happens on the other
side
is that they have to go to the original
creditor to get that information
some of the times from what i've seen is
that they're not able to get
that entire information some of the time
they are able to get
that information but the door still has
not closed for you to win the case
the next step in your strike to
um to not allow them to have that
evidence
is that they were never in the room
or employed or had
any type of way to verify the documents
that was passed along from the original
creditor are actually true
basically the only way that there's
you know this is something that no one
ever asked them like
were you in the room because you're the
one that's presenting
this in court where did you get your
information
was it just hearsay and that goes into
the next
uh point is that
they cannot just come to court
on hearsay if you
bring that up that you want them to
strike the evidence that they're
presenting which is just a bill
and their statement saying that you
oldest amount and their statements
saying that they've
been assigned or they purchased it from
another uh
from the original creditor or they've
been assigned from a debt collector
to collect it that's not enough
information you have a right to see
what was the processes of everything
that they're claiming
about this debt and you want them to
submit that to the court
and here's where the problem comes in is
that the individual
the debt collector or the attorney that
is submitting the information
raising their hand swearing to the judge
that was not in the room when they got
that information
from uh the original creditor they was
not in the room
uh when they decided to batch up all of
those accounts
and sell them they don't know if it's
true or not all they did is purchased it
so this is
probably uh one of the best avenues to
get
a case either dismissed or delayed
because i'm not saying that
that an original creditor will never
give all the information i'm not saying
that
a judge that you get in front of won't
be the type of judge that's just
not a consumer tight judge where they
just
you know do everything for big business
but
this is an option that you should use
and i've talked about it in my other
videos about
when you uh respond to court summons
because if you don't respond
you're going to lose just by default and
if you don't show up
you're going to lose by default if you
show up and you have nothing
with answers when they ask you you're
going to get a judgment
put put on you so you at least
should have the information so you're
able to fight
uh to have your you know to put up your
best defense
even if you lose at least you had a
chance to put up your best defense
and you never know any debt collector
that does not want to sub you know lose
their license by submitting
uh false evidence
or not or trying to present a case
without true evidence
they don't want to lose their their
license or they don't want to get
penalized by the court
so they would usually what they would do
is they would just back off and say
either we're not going to go after this
one they may
submit to have it dismissed or they just
may ask for more time to gather the
information
but there's going to be problems that
are arise they don't want to go through
all this trouble
so there's a service that
we offer this has been something that's
only been internal
to our customers but now we're going to
also make this available to
uh people that are not customers
it's an ex it's extremely low
cost to have this prepared but it's it
gives you a defense
and we will get all the information that
you need
uh preparing your answers to the
complaint
preparing the motion to strike the
evidence
and then if you have to have a
certificate of service some
uh locations uh want you to file that
some
just allow you to submit your
information and they write that up for
you
we'll put all three of those together
for you for you to present
to the attorney that is uh for the
plaintiff
to the to the clerk of courts so you can
get that to the judge
and then you have your day in court and
at least you have something to go off of
the link is below this video if you'd
like to have that service
uh done for you if not you can read up
on how to do it
uh you every with your court summons it
has all of the instructions
and you can submit your defense that way
also
so this is stephen williams founder and
president of thecreditrepairshop.com
thank you and until next time
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