You start searching for credit card debt law when collectors start calling, collection notices arrive in the mail or when you are served with a summons most likely by a Sheriff’s deputy. So far it’s just a few nasty phone calls and some collection notices in the mail but now a man with a gun comes right to your door with legal papers. This is starting to get serious.
When the collection calls begin you start checking the legality of the calls. How many times can they call you a day, what hours can they call, can they call you at work and your mind immediately begins to overload. Even worse are those collection notices in your mail. What do you do with them, should you answer or throw them in the trash?
The great thing about our legal system is those who accuse you of something must prove the accusation is true. It’s not you who must make up “excuses” to answer a complaint, it’s totally up to the other side to prove what they are alleging is true and the burden of proof is always theirs to prove and not yours to disprove.
When it comes to credit cards the law is stacked in your favor and proof is always nonexistent! The only way proof can be established is by your own admission of guilt! Think about that for just a moment. Your admission that you owe someone is the only way you can be made to pay! Now you know why attorneys are always screaming don’t answer that question!
Unsecured debt which includes the plastic in your pocket is the most misunderstood legal concept in modern-day society. If a policeman catches you running from a bank with a bag of money after a teller has pushed the panic button, you’ve had it but you can use a card to remove your credit limit, never pay back a penny and get away with it. It’s just a matter of understanding our money system.
One of the most revealing videos ever made on the topic was presented at the University Of Colorado School Of Law in 2008. You can watch it now by using the search term “the gig is up – money, the Federal Reserve and you” and you will never think about “money” the same way you always have for the rest of your life.
This amazing insight you now possess creates a foundation making it easy to use the legal process in any phase of collection being used against you. Never forget it is up to them to furnish legal proof and up to you not to admit you owe anyone. If they have no proof and you do not admit owing anyone then there is no case against you!
When the collection calls begin, record every call on a digital voice recorder. Never ever give the caller any information other than your name. Tell them you’re recording the call. Search the term “FTC debt video” to see a short government cartoon about your legal rights when contacted by phone. Violations of FTC law are worth a minimum of $1000 each and you can use the search term “man wins $1.5 million from collector” to see the sky is the limit on damages.
Written collection notices must be answered! Never ignore them for any reason or you will find yourself facing a default judgment which means you took no action and admitted you owed the creditor by not responding. A simple written notice from you demanding “proof of debt” would have solved this problem.
Sometimes when you have beaten a collector he will send the account information back to the original Bank or Card Company and they will hire an attorney to file a lawsuit against you which is usually delivered by a process server or a Sheriff’s deputy depending on which state you live in.
In the complaint the attorney for the plaintiff (the card company) will allege usually between four and six statements stating you have an account number, owe some specific amount, have not paid on the account and you owe them money. Draft an answer to the complaint using the same form the attorney used and deny each statement. Your answer must be filed with the clerk of court in your County.
The most difficult part of this process is finding the acceptable legal form to file with the clerk of court. Generally it is no more difficult than filing an answer directly under each numbered allegation in the plaintiff’s complaint and filing it with the clerk of court plus a certificate of service which you must drop in the mail. You’ll find the people at the clerk’s office extremely helpful.
So using credit card debt law is the fastest, easiest and best way get to rid of that debt for good. Just remember never to admit you owe anyone a penny and answer those collection notices as soon as they arrive in the mail. If they file a lawsuit make them prove it because as a “gig grad” you know there is no proof! If you don’t do it to them, they’ll do it to you!