Proper Debt Validation

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Originally Posted by Donkc_29 I had a car loan 3 years back and I lost my job. I had to turn the car in because I was no longer able to afford it. Well a collection agency picked up the tab but I never responded to them. Almost 3 years later I get a summons that I'm being sued for this debt by the collection agency's attorney. I went to the courthouse and filled out an answer form denying the debt and then I sent a request for a debt validation letter to this attorney. He sent me debt validation back but I'm not sure if it's the proper validation. All he sent me was a copy of my vehicle purchase from the dealership with my signature on it.

That's not anywhere good enough and the attorney has violated federal law. If you want to know what constitutes debt validation you need to see the case of Fields vs Wilburlawfirm (7th Cir. Ct. of Appeals) in which judge John Woods laid it all out telling exactly what a debt collector must do in order to validate the debt. Quote:

He did not send me anything from the finance company that shows how many payments I made. The letter does say who the financing company was, an account #, and the amount owed. My question is where do I go from here?

You filed your response which according to what you said here was probably fairly good. You should have sent a certificate of mailing and a demand for admissions. As it is, this attorney has two separate violations of federal law. Quote:

Will this hold up in court?

That depends on how you argue the case and the judge. Law of averages says that you will lose in local court no matter what you do. However that is not a reason to let it go to judgment without a good hard fight. You need to fight the right way even though you should already know that you will probably get beat in local court. The reason to fight on against all odds is to see if you can't get some more violations against the lawyer for later use in federal court. Quote:

Should I send another debt validation letter requesting information from the financing company?

No! First of all it will do you no good at all and secondly why do you want them to give you a proper validation? The purpose of a debt validation letter is not to actually get one but rather to get a failure so you can sue them later on. You already have the failure you needed to win so why goof it up by asking for that which you really did not want in the first place whether you knew that or not. Quote:

Also, I am in Arizona, can they garnish my wages?

Yes they can. They can also garnish any money in any bank accounts that may be in your name or are a signatory to. Don't close any bank accounts. Just keep them drained down to a bare minimum. Get your name off of any bank accounts that you may have a joint signatory relationship with such as custody accounts for children or whatever. If you have a joint account with a spouse get your name off of it. If your employer is paying you through EFT then immediately demand paper checks so that no money gets put into your bank account. Quote:

What will most likely happen if this goes to court?

You are going to lose, that is what is going to happen. Count on it. But learn how to live without bank accounts for the time being. Use postal money orders to pay bills with. Learn how to keep them from seizing any vehicles you may have which are free and clear. They will take anything they can. Go to www.lawdog.com and click on the link for your state then go to courts and judgments and look for the red dog in the upper right hand corner. Click on the link for judgment and learn what they can and cannot take as a result of garnishment. Learn how to protect vehicles by getting liens on them. Don't try to hide them by putting them in someone else's name. That won't work and will just get you in trouble.

Also learn how to prepare and send demand for admissions then use the results to demand production of documents and if necessary use demand for interrogatories. It usually isn't necessary to use interrogatories at all.

Who are they going to use for witnesses at the trial? Anybody? If not then learn how to put the lawyer on the stand and question him/her. Once you do that the lawyer can't do anything more for his/her client. Remember that the lawyer has no knowledge about the case other than what his client has told him. That is hear say evidence and can't be allowed in court. No witness, no case.

Once your local court case is over then is the time to take the lawyer to federal court and sue the pants off of them.

The reason you can't win is because the only issue before the court is whether or not you owe the debt and you know you owe it. The lawyer knows you owe the debt and so does the judge.

The reason you win in federal court and make it all go away is because they broke the law. You know they broke the law and you can prove it. The only issue before the federal court is whether or not they broke the law. They have no more defense than you had in local court so they lose.

Simple as that. I know how to win and I teach people how to win against lawyers without having to hire one. More than 9,000 people filed federal cases against debt collectors and attorneys in 2009 with a win rate of 98%. My students have won a total of 172 straight federal cases in a row without ever a loss over the last 10 years. I personally beat a federal lawsuit against me for a million and 40,000 in El Paso federal court. I'm going to have a case just like yours coming up in local court in a couple of months. I may very well lose it in local court but I'll win in federal court. When the case gets filed in local court I will know it the same day it happens. I will already have all the paperwork made out and ready to go file the next day. I'll have a sworn statement of denial, a certificate of mailing and a set of 44 demands for admission all ready to go for them and I'll file and send them to the attorney the next day. My assets are all protected through external corporations and no matter what they do they can't get a thing. Not even a crying dime. As a matter of fact, if they even threaten to try to garnish money from my bank I'll sue them again and win on that one too but I doubt they will get that stupid.

If you want more information I'm having a call-in conference call this evening at 7:00 P.M. Central time. The call in number for the call is (218) 895-2685 and the pin number is 2452# The call is free and open to the public. You will need to have your caller ID showing and will have to identify yourself or you will be dropped from the call. Anonymous callers are not allowed for security purposes.

Bill Bauer
[email]ceo@creditwrench.com[/email]
[email]tarp@toxicassetsrecovery.com[/email]
http://creditwrench.blogspot.com
http://mysexydevices.com
(405) 237-2174

Quote:

Originally Posted by Donkc_29 I went to the courthouse and filled out an answer form denying the debt and then I sent a request for a debt validation letter to this attorney. He sent me debt validation back but I'm not sure if it's the proper validation. All he sent me was a copy of my vehicle purchase from the dealership with my signature on it.

That isn't proper debt validation. See Fields vs Wilburlawfirm, 7th Cir Ct of Appeals. Judge John Wood presiding