Proper documentation for use in court

As I read and post in these forums, I find alot of discussion on taking CA's to court, holding them responsible for what they have done. I was thinking, what if one (or several) of us do that, what do we need to succeed. After much thought and using my personal and professional experiences, here are some things to to.

First of all remember that in a civil court, a decision (verdict) is baded on a preponderance of the evidence. That means he/she who has the most and the most convincing, will usually win.

Since we all know that CA's hate putting things in writing, we are actually at an advantage against those shady ones.

So step 1 is to document everything. Document all conversations in a notebook. all entries should be in ink, with a date and time clearly eastblished for each entry. Recording of calls is great if done legally, bu the written record can be just as powerful.

Always ask to agreements, demands in writing, but if you don't get them, send a confirming letter that states your understanding of the situation to the CA/creditior. Always send the letters certified, returned receipt requested. Save the receipt in your notebook when you get it. If the letters comeback unsigned, save the letter and the card from the post office. Also always save a signed copy of everything you send.

Step 2 is put every CA/creditor who abuses use, threatens you or in your opinion violates your rights under the fdcpa on notice by sending a letter in writing. A good time to do this is when you send a cease and desist and/or validation letter. Aagin, make sure you send these certified return receipt requested. Also keep any and all receipts in case you later sue for damages.

Step 3 is to give a copy of all the above to your attorney if and when you get to that point.

Speaking of attorney's, for those on here that meet the definition of low income, are on disability, retired or otherwise down and out, most states have legal aid programs that can provide low cost and even free legal assistance. Also the National Association of consumer advocates NACA has a listing by states of attorneys who deal with collections and FDCPA on behalf of consumers.

If I can be of any help post or pm me

Take care everyone :D