Credit Card Lawsuit Discovery

If you are on the verge of answering a Collection Agency’s Request for Documents, Admissions, or Interrogatories….. that is terrible news I’m not saying you are going to lose but you should have had this done and over with by now which leads me to believe you missed something. You most likely can still get this case dismissed during discovery. And should consider using the Discovery I used in my lawsuit cases: Click Here
All Collection Agency’s Discovery are all based together with trick questions meaning the same questions asked differently. You provide them with what they need and they win. You answer one question and not the other (which seems to be a different question in all reality it is the same just asked differently) you can blow your case.

True Story: First Credit Card Lawsuit that I ever got sued for I didn’t know what I was doing and didn’t know I could file a Motion to Dismiss which lead me into the Discovery Phase. I entered a few simple questions in my Interrogatories and Admissions and their answers blew their entire case. So there is hope for you to still win this thing. If this is against a Collection Agency who bought your debt from the Original Creditor that is. Fighting an Original Creditor is very hard because they normally sue you early, and have all the documentation to win their claim. However, Collection Agencies don’t.
In my Interrogatories that I sent them I asked them to answer a few simple questions in regards to what I owed, another asked what I purchased, and in my Admissions I asked them to admit that they do not have the original or a copy of the Cardholder Agreement. These idiots admitted that and I filed a Motion to Dismiss for failure to state a claim and guess what? I won! Why? Because if they do not have the Cardholder Agreement which contains my rights, states interest rates, among other things this is the heart of a lawsuit they did not have that in hand which means they didn’t know the interest rate they were allowed to charge me etc., so how can they just say I owe all this money? It gets deeper than that but seriously how can a company say that I did this and that wrong per their agreement when they don’t have the agreement and just admitted they did not have the agreement. No agreement? No lawsuit. Not where I live.

Collection Agency’s will ask some of the following from you during your Discovery Phase with them. Answer them wrong and you can blow your entire case! I always looked at it this way I never opened an account with these idiots, so I don’t owe them any money in my opinion. Especially when they are lying and say they sent me a copy of them purchasing my debt. That is a load of garbage right there and they are lying to me. Lying for that leads me to believe they are lying over and over again that is how I based my answers. I am answering a company who bought my debt for pennies on the dollar and are suing me for thousands of dollars. I just strongly feel they don’t have anything to stand in court and Discovery is their last shot at making YOU win the case for them by answering WRONG.
If an original creditor was going to ask me a bunch of questions I know darn well they will be able to prove things so I would answer them honestly. But when I know I never opened an account with this company, and I don’t remember ever paying this company etc., things are different.

Request for Admissions

Admit that you opened an account with “So and So Bank”

Admit that you defaulted on the account with so and so bank

Admit that you made payments to so and so bank on a monthly basis and defaulted on the account.

Admit that you owe so and so this amount of money
Do you know how to protect yourself from answering these? Are you going to asnwer these wrong and prove you may owe them money now be careful.

There are very few admissions asked from the Collection Agency. They normally base their entire Discovery using their Interrogatories or Production of Documents so that you prove their case for them. And you cannot screw those up either.

Request For Documents:

They may ask YOU for the credit card agreement
Please provide the credit card agreement you signed with so and so bank.

Please provide copies of any and all payments made to this account

Are you going to provide all of this for them? You may as well start paying them now. Know what you are doing or get an attorney.

Interrogatories

This is their absolute favorite can be loaded with 15-20 different Interrogatories and you have to answer every single one of them and I hope you know how to answer them.

Are they asking you if the sued amount is correct?
Are they asking you to list payments and dates? (Look through their Request for Documents they probably asked you to provide copies of all your payments) Trick Question say you provide those and you don’t provide this answer. See how it gets sticky? Same questions different Category of discovery but they are hoping you mess it up. You should know exactly how to answer both. Click Here

Are they asking you to list the last Check Number you used to pay? AGAIN all the same make sure you double check everything that has to do with payments and they are all the same answers. Could blow your own case. List this and it proves you were paying don’t list it but answer another question regarding to payment differently and this looks like you are a liar.

Did they ask for your Bank Account Number? Do you know how to answer this?????? This is a basic set up of them being able to simply freeze your account upon judgment without hunting your account down.

Did they ask for your Social Security Number? They should already have that information do you know how to answer this?

All I have to say is I answered my Discovery the right way and even got them right back by asking my own TRICK Questions to get them to admit they didn’t have an agreement and I won my case. If you would like to see my answers to their Discovery Click Here

Collection Agency Affidavits

If you have received a Credit Card Summons and have not received the Agreement the Collection Attorney probably attached what is known as an Affidavit. They will do this when they do not have the agreement or contract and swear under oath that they witnessed you opening, using, and defaulting on your credit card.
An Affidavit means:
1. a written statement confirmed by oath or affirmation, for use as evidence in court
2. Affidavits may be written in the first or third person, depending on who drafted the document. If in the first person, the document’s component parts are:
a commencement which identifies the “affiant of truth”,[1] generally stating that everything is true, under penalty of perjury, fine, or imprisonment;
an attestation clause, usually a jurat, at the end certifying the affiant made oath and the date; and
signatures of the author and witness.
If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.

Now that is what an affidavit is suppose to mean. In general it is someone who actually witnessed everything they state in regards to a credit card they are saying they were present when you opened a credit card, saw documents that you used a credit card, and that you defaulted on your credit card by refusing to pay.
This is true only when an affidavit is signed by an affiant who actually saw you do those things. In simple terms the person who swore under oath you did all these things with your credit card should be the person who actually worked for the bank that you opened the credit card with to be just and true.

Affidavit Sample:
Let’s say you are being sued by Capital One and received an Affidavit which stated:
I am an authorized agent of Plaintiff Capital One Bank (USA) for purposes of this affidavit.
This affidavit would ring true in a Court of Law because this person actually worked for the bank so they had access to see you opened the card, they saw your statements so you used the card, and they saw you were paying on the card and stopped paying causing a default and now you owe them money.
But what happens when you receive an Affidavit from a Collection Agency other than the Original Creditor?

This is a whole different ball game here. You need to be very careful in believing what this person says is true. If you are being sued by a Collection Agency other than the Original Creditor’s Collection Agency chances are 99% that the Affidavit can be stricken from the record depending on what the affiant claims they saw you do.
Remember this person never worked for the original creditor. This person not working for the original creditor could not have possibly seen you open your credit card, have seen you use your credit card, or knew that you defaulted on your credit card.
So if you received an affidavit saying that you opened a card on such and such date, you used the card, and defaulted on the card on such and such date and they witnessed all of this that is not true they are not an employee of the Original Bank in which you opened the card so they could not have possibly seen you do any of this.

Lack of Standing
What about the affidavits that state they bought your account? Where the Collection Attorney staples a bill of sale with an affidavit with it from someone claiming they swear under oath that they bought your account and now own it. If they have not proven that your account was included with their “bill of sale” their complaint lacks standing. If you use this defense the Collection Attorney will have to prove that your bill was included with their sale, and that they have the right to sue you.
By the time you are sued your debt has been sold more than once which makes it even harder to prove in court that they can sue you. They actually have to have all proof of their sale documents which is called Chain of Assignment. The Chain starts with the original creditor, over to the first buyer, then over to them etc., They have to show that the first buyer purchased the debt from the original creditor, and that they 1st buyer then sold it over to them etc., This can get quite complicated for them to prove. Which is good for you. These accounts sold over are usually just computer generated lists with no affidavits or signatures with them.
The original creditor should have signed something over to the buyer of your debt proving that this new company can sue you because they own the debt. They cannot simply say they can.
So if you received a Bill of Sale with an affidavit from the Collection Agency saying that they own your debt that’s not good enough. The Collection Attorney should supply a bill of sale with your name included in that sale and an affidavit or signature confirming your account was included with the sale. So be careful most of these affidavits can be stricken from the record and have your case dismissed.

*I am not an attorney. This is not legal advice. I am someone who has been sued by a Collection Attorney and have had an affidavit stricken from the record. I am simply telling my own personal stories in regards to my own Credit Card Lawsuits which I have fought and won in a court of law and is a matter of Public Record.

Sued by a Collection Agency

Have you been served by a Collection Agency?

Most people who are served a Collection Lawsuit jump to find out information on how to answer their credit card summons right away.

I totally agree with the fact that you need to answer your credit card summons there is no doubt about that. But what about the actual complaint?

Did you read the complaint and throw it aside? Does it have errors? Did they do everything by the book? Most likely not. But if you don’t know what to look for you can screw yourself over by missing those mistakes and answering without the proper knowledge.

The first thing you need to do when you get served by a collection agency is go over your complaint and find the errors that they make and they are KNOWN for errors.

If the complaint checks out 100% then you go with answering your summons. After answering your summons are you educated on the rest of the garbage they get away with using?

Not knowing what to look for even answering your summons can cost you your case! Learn them!

If they have errors you could quite possibly answer your summons with a Motion to Dismiss instead are you aware of that? Some states allow that.

Most states require certain documents to be attached along with the Pleadings. If they are not, and you don’t motion the court, they aren’t going to tell you. They are going to let the lawsuit continue. Because you are uneducated about the facts.

I am telling you 9 out of 10 people who visit this site have a Complaint in front of them that has grounds for dismissal.

Collection Agencies have a tendency to copy the same documents over and over and over again. Leaving you not a person, just a number. Although, you are scared right now you just got sued the chances of you winning that lawsuit are great. Seeing they just make copies over and over to different people that leaves a lot of errors open to Lawsuit Dismissals.

Most of these agencies do not have the documentation to back up their court case. They need to prove many things in court to win. Do you want to know what those things are?

Collection agencies make a lot of errors when filing lawsuits. Do you want to know what those errors are?

I know how they screw up, I know what to look for. I know how to get my cases dismissed because of there so called “proof” do you? Just because they say so doesn’t make it true.

So here’s the deal I am sick of these guys making people lose their cases with their so called “proof” so I have created an instant download booklet for all of you who are being sued by Collection Agencies.

This booklet is good for people who are about to be served, have been served, or are in the middle of a credit card lawsuit.

This booklet will not show you how to answer your summons it will educate you on their screw ups and what to look for in your own complaint. It will educate you on what to look for in your complaint to see if it can be dismissed then and there. It will educate you on their affidavits to get them thrown out, it will educate you on how they like to list the Original Creditor as the plaintiff, it will educate you and so much more garbage they screw up because they don’t care. What about the amount? Don’t you think the amount they are suing you for is 5x higher than your original credit limit?

Do you know anything about the actual lawsuit? Or did you just get served and want to answer. Don’t you want to know the reasons on how you can win?

Know what proof they need to prove their case!

No proof, they have no lawsuit. They don’t expect you to answer your summons. But they DO NOT want you to see this booklet listing their most known screw ups! Educate yourself before you answer the complaint.

Educate yourself on how to scan over the Complaint to make sure everything is perfect by the Plaintiff before you Answer your Summons. Let’s say there are errors on the complaint and you do not know about them. Missing those errors, and answering the complaint, instead of motioning the court about those errors can make you lose your case.

Don’t you want to make sure that the Plaintiff did everything right so that you can answer that summons? Wouldn’t it stink if you missed an error and could have had that case dismissed instead? People do that, if you lack knowledge on Agencies’ errors. I did that with my first case. It could have been dismissed, but I hurried up and answered my summons. I didn’t look at it for errors.

Learn about what these unethical companies do wrong! Don’t just answer the summons make sure they have the complaint perfected, and the proof lined up or get it thrown out of court!

Why answer something you might not have to answer? You may be able to file a motion to dismiss instead of wasting your time answering if your local court rules allow it. Granted by the judge that’ll give them 30 days to amend the complaint. 31 days pass? File a motion to dismiss with prejudice, bye bye lawsuit.

People lack knowledge when it comes to scanning over their summons for errors. They rush to answer it. You need to take your time and learn what these scumbags do wrong. You may have grounds for dismissal already and don’t even know it.

So before you Answer your Credit Card Summons and you MUST Answer that Credit Card Summons to avoid a default judgment make sure you are educated on what proof is needed by the Plaintiff to win their case against you. A simple lawsuit is not proof enough.

So basically this 14 page pamphlet is going to show you how to read that complaint and look for their errors to see if you can get the case dismissed. And if that complaint is good it will teach you what not to accept as their “proof” and what proof you need to ask from them and it is required proof in order for them to LOSE.

There are tactics these companies use and think they can get away with it. And I am sharing them with you so that you win this case and know what to look for.

TO GET THE DEFENDANT’S BOOKLET: Click Here

thank you,

Rob