Take a
judgment - it's all over
When you are sued by a debt collector, you may think
it's all over. But the truth is, anyone can file a
lawsuit - facts must still be proven. In the case
of debt collectors, they can rarely prove the facts they
claim. They cross their fingers and hope you
don't show up. By failing to answer or show up for
a hearing, they get a
default judgment and your debt, since you did not
question it, is assumed to be valid and owing.
On the other hand, when you
show up - even without legal representation, a new set
of rules are engaged. You've drawn a better hand.
From 0 to 50-50. An even chance.
Now the
burden of proof kicks in. Can the debt collector prove
what he has alleged? Probably not. Once you are sued,
you can ask for documents that validate the debt. How
did they document their claim? Where's the agreement
with my signature
that obligates me to this debt? How did you arrive at
the figures you claim are owed?
Under this new set of rules, many debt collectors will
re-evaluate the situation and fold their hand. They know they are
about to be asked to produce documents that they cannot
obtain. They also understand they may be placing
themselves in a potential perjury situation. If
they have lied in their affidavits - and in most cases
they have - they probably don't want to proceed to court
and discovery where they could be held accountable for
those lies.
Closing in on 100...
If
you show up with an attorney, 99 times out of 100, this
is going away - forever. If you think you can't
afford an attorney - most reputable consumer
professionals are reasonable - consider the cost of the
judgment against you, which becomes binding.
Wrong
becomes right by your silence...
Debt collectors/lawyers are using this new tactic of
throwing as much spaghetti against the wall as they can
with the assumption that some of it is going to stick.
They play the numbers game - thousands of suits become
hundreds of no shows which turn into scores of
judgments. Suppose you have a charged-off, or
time-barred debt of $10,000. They claim you owe
it, but since it's old and off your credit report, you
ignore their claim. They file suit, you stay home,
and the Court rules in their favor since you didn't
dispute it. Now it's a "valid" debt.
In the eyes of the Court, you owe them $10,000.
Think the pressure to pay before was rough?
E-Mail
Bud Hibbs
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