Sworn Denial

Well yeah....you would be lying and subject to perjury if caught.

Yes. It's one thing to say "you don't remember" or "you don't recall" and make them prove you owe it in trial. But to make a sworn statement contrary to the truth, which you know to be false, is perjury and can land you with some jail time if you get caught.

I'm struggling with this concept. How can I stand in front of a judge and say I don't remember when I remember very clearly how I got into debt and how my settlement deal with the OC fell through?

I'm feeling strongly that I need to settle my debt, even if it mean paying those scumbags at LVNV. From what I'm reading, though, settling with them is pretty much a pipe-dream. Makes it hard to take responsibility for the debt...

They cannot get you for perjury if you say you don't remember. If they put a contract that you signed in front of you then they know it's yours. That's when you say " OH now I remember" And that is how to do it legally. Do you think the attorney for a debt collector is telling the truth in court ALL the way? I highly doubt it.

By not admitting nor denying the debt is a sort of loophole. You could say that for example " They said it was charged off 3 or 5 years ago, I can't remember that far back what cards I had"

Now it is up to the plaintiff to prove their case. If they do not have prima facie evidence to support their claim, the case gets dismissed. If upon first appearance their evidence seems valid it should be thoroughly checked for errors. Any errors that could affect the outcome of the case by neglect on the plaintiffs part and the evidence or case can be thrown out.

You are going up against a lawyer, they know all the loopholes and are trained to lie.If you know them too and know what you can and can't say, you should have nothing to worry about.

It has nothing to do with perjury. The consumer does not owe the debt collector. The debt collector did NOT pay the OC your balance due. So the term "assigned" - what does that mean? The OC did not assign the balance. The OC charged off ,wrote off and sold. So sworn denial is not lying because you do not owe the plaintiff a dime. Yes you owe the OC but they are done with the account.

3-5 years ago is SOL possibly. Do not need anything but answer court with SOL grounds. It is up to the PLAINTIFF to prove the case. You can question the live witness and discredit in court easily.