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    Fight Debt Collectors and Win: Win the Fight With Debt Collectors
    Fight Debt Collectors and Win: Win the Fight With Debt Collectors
    Fight Debt Collectors and Win: Win the Fight With Debt Collectors
    Ebook153 pages1 hour

    Fight Debt Collectors and Win: Win the Fight With Debt Collectors

    By Sam Keys

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    About this ebook

    This book is about how one man successfully fights creditors and debt collection agencies in the one arena they fear most: the courts. The defendant has never lost a case. By using the right tools and documents, the defendant represents himself in court and wins case after case.
    LanguageEnglish
    PublisherBookBaby
    Release dateJan 12, 2015
    ISBN9781502559012
    Fight Debt Collectors and Win: Win the Fight With Debt Collectors

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    Reviews for Fight Debt Collectors and Win

    5/5

    12 ratings3 reviews

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    • 5/5
      Amazing information for free! This is a great addition to your reading list and essential to fighting tyranny
    • 5/5
      This book has information that is crucial to winning your case. I definitely recommend this book
    • 5/5
      Thank you! Americans owe $1 trillion dollars in credit card debt and $1.3 trillion dollars in student loan debt. Debt collections agencies are notorious for violating fair collection law; while most borrowers are uninformed and unprepared. High schools should be teaching this material!

      1 person found this helpful

    Book preview

    Fight Debt Collectors and Win - Sam Keys

    W).

    THE SECRET TO WINNING

    One cardinal rule learned in all Law Schools is to never admit anything. In law one often hears Whatever you say can and will be used against you in a court of law. An attorney advises clients what to say and how to express information so as not to incriminate themselves. Debt collectors and debt attorneys will often communicate and pretend to be your friend only to get the alleged debtor to admit that he or she created the debt, owe the debt, and will pay the debt. The alleged debtor has often lost before he or she can wage a strong fight because of admitting to creating, owning, or using the alleged account. Debt collectors often win their cases through the ignorance of the alleged debtor not knowing his or her rights and how to fight. The point that most consumers do not realize is that once one has admitted to owing the debt, this releases the debt collector from proving what they cannot prove. The Defendant could see that no communications with debt collectors is a winning strategy when no settlement will be considered.

    Research shows that choosing to fight and staying in the fight with the right tools is the foundation of winning debt collection cases. Defendants defending themselves as Pro Se will make mistakes, however, if you follow your court rules and procedures, file court papers early instead of late, stay focused on your defense and do not get sided-tracked (need to sound like a broken record), use the right tools (Exhibits) with the right attitude you will win. Debt collectors, original creditors, and debt attorneys have issues with producing or cannot produce the evidence to support their claim other than unauthenticated billing statements (Exhibit T legal precedent letter that lead to a dismissal). Their strategy is creating fear, stress, anxiety, and making debtors feel they cannot win in a court fight. They use intimidation to force the debtor to help them prove or win their case by admitting to owning the debt.

    Research was done on each and every original creditor, debt collector agency, attorneys, and debt buyer pursuing Defendant. Results show that all had some violations of Fair Debt Collections Practices Act (FDPCA), lawsuits by consumers, and complaints with their State Attorney General office, and a number of consumer protection agencies. The best defense is a great offence. The Defendant found that every organization that filed a lawsuit against him and the debt collector that pursued him had some type of lawsuit, complaint, or allegation of misconduct filed against them (Exhibit T). The Debt Verification Letter is an offensive as well as a defensive weapon (Exhibit A, W).

    ORIGINAL CREDITORS

    One might think that Original Creditors can put up a strong fight because they have all the original documents. This is not so before and after charging off the debt. They have their weaknesses (Exhibit T). Research shows that banks and financial institutions are required to credit monies or assets to a credit card account to be drawn down as the consumer uses the amount of credit he or she has been given on the account. The short story is this is not done. Banks and creditors did not loan you money that was previously in their possession that the complaint or summons will say (the wording in litigation is of the utmost importance). Financial institutions use the creditor signature to generate new assets on their books. Credit card companies in most cases cannot show they have suffered a loss in their accounting system from the consumer not paying the debt because they have never credited monies to cover the debt – they used the consumer’s signature without the consumer’s permission. No one ever challenges these large financial institutions on this process until now. The Defendant asked original creditors for proof by General Accepted Accounting Principles that the original creditor suffered a loss and was injured as a defense. No original creditor has produced this evidence nor a signed contract or agreement. After receiving Defendant Debt Verification Letter (Exhibit A), ordinal creditors sent letters (Exhibits O) back to Defendant stating they could not or would not produce the documents requested and Defendant no longer heard from them. The Debt Validation Letter confronts the integrity of the original creditor, exploits their weaknesses, and abolishes their claim. Exhibit T is a response letter to an attorney who tried to settle a debt and discredit these facts. The information in the letter from the defendant leads to a dismissal by the Plaintiff.

    When a debt is charged off (the debt can be charged off after so many days of delinquency) the debt is sold to a trust to get the debt off the company’s books. For the creditor to have legal standing to collect the charged off debt, the creditor must repurchase the debt. This repurchase process is not done by creditors. They keep the empty account on the books and proceed to collect on an account they cannot prove they own. The original creditors may not sell the debt to debt buyers and endeavor to collect the debt through their collections department or assign the debt to a debt collection agency. The Defendant asked for proof of ownership from the original creditor after charge off and in every case the original creditor could not produce this evidence (Exhibits P, Q, & T). At charge off the original creditor has also been given Accord and Satisfaction with tax credits or insurance payment (Exhibits A). This means that the debt has been satisfied. No original creditor has produced a repurchased agreement or documents after charge off to show ownership of the debt and they are entitled to 100% of the amount asked for. The Debt Validation Letter (Exhibit A) focuses and illuminates ownership by the original creditor after charge off. Letters are sent to debt collectors stipulating that they must prove ownership of the debt (Exhibit G & T).

    The original creditor must prove with signed contracts and agreements that Defendant created the debt and they have difficulty producing these documents (Exhibit A & T). They can produce billing statements and a generic credit card application. The defense for billing statements is that they must be authenticated in court. The original creditor cannot produce a person that can authenticate documents because they are computerized and the person cannot show they have personal knowledge of the origin of the documents that created the debt. No original creditor has produced a signed credit card agreement or a witness who has had personal knowledge of creating the agreement between the debtor and creditor (Exhibit R & T). The Debt Validation Letter (Exhibit A) shatters the original creditor’s ability to produce a witness to validate the debt notes how the original creditor and debt collection process uses Robo Signers (people who do not exist or who sign affidavits that state they have personal knowledge of the creation of the debt when they do not). Exhibit T drives the nails in the coffin of the debt collector with legal precedents to support main

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