How I beat the Debt Collectors every time (part 1) Request for Production of Documents
- They buy these charged off credit card and other debt accounts in bulk for pennies on a dollar or less and at that price usually only get a list of accounts and the amounts allegedly owed with practically no other documentation of any kind. Accordingly they resort to fabricating Statements or forging other supporting documents such as making up purchase orders for these accounts acquisition etc. These "documents" are easy to attack. Statements as fabrications and inadmissible hearsay. "Purchase Orders" usually lack the $amount of purchase or signatures are undated - just take a very thorough look at them and then assert that they have been altered/doctored or are complete fabrication/forgery reflecting transactions that never took place. In addition there are violations of the Fair Debt Collection Practices Act: no debt verification was provided and the defendant was not advised that he has the right to request the same - that alone bars their lawsuit and is grounds for its dismissal. You can also sue them for FDCPA violations in Federal Court. My sample request:
REQUEST # 1 The Original Credit Card Agreement with xxxxx Bank NA related to the Defendant's Credit Card account to be made available for my inspection.
REQUEST # 2 True and correct copy of any and all documents allegedly used to effect the alleged acquisition of the Defendant's credit card account from xxxxx Bank NA prior to any alteration or doctoring by the Plaintiff or its agent(s).
REQUEST #3 True and correct copies, either printed on paper or in readable electronic form, of any and all electronic records pertaining to the said account in Plaintiff's possession.
REQUEST # 4 True and correct copies of any and all documents from xxxxx Bank NA showing the history of charges, credits, payments made, balances and disputed charges outstanding for the last 24 months of the said alleged account being in active status.
REQUEST # 5 True and correct copy of the New Jersey state issued license to practice law for xxxxx xxxxx who evidently signed the Plaintiff's lawsuit Complaint
REQUEST # 6 A list of any and all complaints and disciplinary actions against the above referenced person by the state Disciplinary Board
REQUEST # 7 A list of any and all complaints to xxxx County and/or New Jersey State Bar Associations and disciplinary actions against the above referenced person by the xxxx County and/or NJ State Bar Associations.
REQUEST # 8 A true and correct copy of the entire contract between xxxxx Receivables, LLC and xxxxx Law Offices LLC.
REQUEST # 9 A list of any and all owners, directors and officers of xxxxx Receivables LLC
REQUEST # 10 A list of any and all owners, directors and officers of xxxxxx Receivables LLC against whom disciplinary action by the regulatory agencies either state of federal has been taken in the last five years listing each disciplinary action taken.
REQUEST # 11 A list of any and all owners, directors and officers of xxxxx Receivables LLC who have criminal history.
REQUEST # 12 A true and correct copy of criminal history for every person listed as requested in paragraph 11.
REQUEST # 13 List, including outcomes, of any and all lawsuits, criminal prosecutions and regulatory actions against xxxxx Receivables LLC and/or its owners, directors and officers for the last five years
REQUEST # 14 List of all Defendants current and past within the last five years, including their addresses, in New Jersey where xxxxx Receivables LLC filed lawsuits against them using falsified evidence consisting of altered and/or fabricated and/or forged documents.
REQUEST # 15 List of all Defendants current and past within the last five years, including their addresses, in New Jersey where xxxx Receivables LLC filed lawsuits against them without notifying the prospective Defendants of their right to request Debt Verification and without fully providing the said debt Verification
REQUEST #16 Any and all documents reflecting the disposition of any and all complaints to the Federal Trade Commission about xxxxx Receivables LLC's and/or xxxx Law Offices LLC's violations of the Fair Debt Collection Practices Act ---------------------------------------------------End of Requests They could object to some of these requests but they don't, because they know they did engage in violations and fraud and are trying to by all means avoid any discussion of these matters in court. They would rather lose this particular case - file a notice of dismissal for their own case although they might try to feed you garbage first to try to settle it and get at least something out of you
95% are as the author indicated. The Credit card company already wrote off the debt---they sold it for pennies on the dollar and really want nothing to do with it. [That is the clue to alleviate your pain—involve them back again where it costs them money.] BTW: Worry little about 95% of these.
Here is what one does with these:
· Learn to spot the “fishing expedition” collectors. They are the ones that have buried in the letters a comment about settling. You can dispense with these by learning to do what I do which won’t cost you a cent: Carefully open them in a way you can reseal them. Take a sharp pair of scissors and carefully slice off a HAIR of the edge. This way you can open it and see what it says. Often it won’t even be from an attorney. Even if it is, and it is NOT certified take it and reseal it with Elmers and send back marked: No Such Address, Return to sender….or No Such Name, Return to Sender. Cross out YOUR name and address completely. Take to ANOTHER post office area serviced by another post office NOT your same and drop in the box. [You have to take to another post office because often your post office will erase-off the cross-off to see who sent it to you.] IN 95% of the cases this will SOLVE your problem. PS: You can go to Vista Prints and get a free stamp that says No Such Address Return to Sender.
· Don’t be alarmed. In the next few weeks you’ll get the same debt only from another collector. This means the first guy resold it or it went back in the pool for plucking by another collector. Over time these get less and less. Enjoy the fact you are costing these folks money.
· Do the lawyer trick. For continual hounding get yourself a PMB at like the UPS Store and Mailboxes etc. Never get mail delivered at your house. Get RID of your mailbox at your house—not worth the trouble for this is the #1 method you make the job easier for every Tom, Dick and Harry crooked attorney. [It’s an automatic residence placer…nearly]. Never put a mail forwarder from your old address. TRICK: Tell the UPS store you do NOT give them agency to accept certified mailers.
· The reason why all this works is because according to the Federal laws anyone who calls themselves a debt collector must somehow place you at a residence….or at the place where the contract was signed. The second is hard to do so attorneys let fly your address on letter head and hope it sticks as your residence. However residence is something only YOU can establish—although they can use evidence to try to prove same.
· All of this goes right on to trying to get COURT jurisdiction over you…IF they try to pursue in court. Yep…they have to invoke the court’s jurisdiction which means placing you in a residence.
· If you have done your homework correctly and gotten a PMB box and used that designator PMB box on all your letterhead, then it is IMPOSSIBLE for you to reside in a small 6x6 inch metal box. Let’s say it eventually gets to an attorney. All you have to do is constantly remind that to the attorneys on your letterhead back to them: “In the matter of Dick Slick, c/o 1776 Main Street PMB 123, Anytown, Virginia [A mailing address of convenience, not a residence].”
· If you don’t conduct business within the jurisdiction and no one can place you at a residence, you can simply remind the court “You have nothing to do…the burden was on the moving party.”
· Unless you STUPIDLY place yourself in the jurisdiction by what you admit, you can dispense with ANYTHING filed against you easily by writing the court: “This was mail forwarded. Not a jurisdictional-defendant’s address.”
· The following works for about anything NOT delivered by government…in other words civil process. If you are somehow served papers by the sheriff as left on your doorstep or in your mailbox, put in a plain brown envelope and mark “Attn Sheriff—Personal”. On the inside a simple piece of paper: “Found—Not Ours”. Get a friend to take to the sheriff window at the sheriff building. What the sheriff will do is return it to the court. Why? Because his office gets paid for delivering these so it is in his interest to return it. The court will mark it not served. This just cost the attorney a court fee for a fishing expedition. The court will ask if he wants to re-deliver for ANOTHER fee. In 90% cases they just give up.
· If you’ve done this correctly then 99% of unsecured debt collectors go away.
· If you’re nuts and let the 1% stick you with an attorney, then you can do what the author indicated….or you can let them try to invoke jurisdiction when they CAN’T if you know what is here: www.edrivera.com
· One last trick IF they try to take you to court. Let’s say you owe Citibank or Chase. Remember the original debtor SOLD off the debt….they want NOTHING to do with it save for a portion the attorney will collect. Your goal is DON”T LET THEM OFF THE HOOK. In your paperwork back, IGNORE the attorney….don’t even acknowledge the attorney. That attorney is NOT the original debt attorney. Now look up the HEAD of say Citibank or Chase…the CEO. Send everything addressed to HIM at his address and don’t even copy the hounding attorney. Now you are costing him HIS attorney’s which are $400 per hour. His attorney will not respond to you but they WILL send something to the attorney hounding you and it won’t be pleasant…ha ha. Especially if you whacked HIS attorneys with all the material at www.edrivera.com as to jurisdiction—because this is material THEY have to research. On a personal note I did this educationally for a friend with Chase Bank CEO over and over in 3 letters. Finally the attorney hounding writes a letter “DO NOT WRITE CHASE BANK—YOU HAVE TO DEAL WITH ME AS THE AUTHORIZED ATTORNEY.” [Bullfeces…just a mouthpiece.] I ignored it, sent another certified mailer to CEO with the next jurisdiction topic, claimed fraud, sent copies to choice board members. No more hounding…matter was dropped. Why? Because the HOUNDING attorney was supposed to SHIELD things and take the pain…but could not….so Chase attorney’s had to deal with it. How long at $400 an hour will they figure a $4000 debt isn’t worth it? Answer: 3 Hours tops.