Stop The Calls Fast

I recently read an article by a jurist from New York State. He was discussing the pitfalls of attempting to represent oneself in debt collector lawsuits as a pro se defendant. He pointed out that a judge’s role could be seen as one where he or she is an umpire i.e, calling balls and strikes but “….to pitch or bat”. I think that one of the problems is that not all judges have this philosophy and if a consumer goes into court representing themselves and is unprepared they can be easily be “dead meat”.

I have done it both ways. When I went through my difficulties I could not afford to hire attorneys so I made it my business to learn court procedures and how to file motions and answers. I realize that all of us are different and that some might find the process of going solo to be very stressful and intimidating. Some states offer self help areas on their judicial websites. I have found that this can be very helpful as a starting point. The web has many sites that offer information including this blog site. Knowledge is definitely power. Most collection cases, specifically those brought by junk debt buyers, end up with default judgments because consumers are clueless of the game and how to play it. That’s right it is just a game….a legal game. Football, tennis, soccer have rules and so does this one.

If you can afford an attorney then by all means use one. If you want to do it yourself as I have done then you must be prepared and study up. Once you learn the basics going to court against debt collectors who are breaking the law is not rocket science. Most times junk debt buyers cannot prove that they own your alleged debt in that they cannot show a chain of ownership, original documentation, or an assignment of the debt to them with our name on it. Sadly some courts have seen fit to just accept a signed statement by an employee of the debt collector stating that they are familiar with the account. There is much precedent which dictates that an unsubstantiated statement from an employee of a debt collector does not even remotely constitute validation of a debt. The key is that you need to be able to inform the court that the debt has not been legally validated  and therefore the case should be dismissed. The problem is that many people don’t know how to do this and the case ends up as a default judgment for the debt collector. Fortunes are being made by buying up old debts for mere cents on the dollar. (10,15 years old) and commencing collection on them.

I have used a an attorney within the past year when I sued a debt collector for FDCPA violations. It is another ball game when you are a plaintiff. My lawyer took my case on a contingency basis as many attorneys will if they feel you have a good case. We won without going to court because the sleaze bags knew we had them.  I would strongly consider using an attorney if you plan to initiate an action. A very reliable source for good consumer attorneys is the National Association of Consumer Advocates.

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