Why fight if you can't win?


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Why fight if you can't win?

  1. 1. Why fight if you can't win? Yes, there is a way to win. Yes, there are certain ways of responding to a summons and complaint that are much better than other ways but that don't mean you will be able to win in court. The problem with local courts and why people end up with judgments against them even though they might not actually owe the debt is that the only question before the court is whether or not you owe the debt. Simply saying that you don't owe the debt isn't good enough. The defendant must not only properly claim that he don't owe the debt but must prove it as well. If the defendant can't do that then he gets a judgment against him/her and then the collection process starts to work. That collection process can take several different paths partially determined by state laws which vary from state to state to some extent. Most states allow garnishment of wages but some don't as a for instance. All states allow garnishment of bank accounts and seizure of other assets. Bankruptcy don't always get rid of judgments either so even though you spend the $2500 or more to file BK you still might not be out of the woods. Most people who end up having to go to court are in about the same financial shape you are in. They can't afford the loss of wages or other funds or assets but the creditors could care less what they can or cannot afford. They just want their money. So for the defendant the problem boils down to one of what is the sense of fighting if you can't win? Why bother if you are only going to lose anyway? While not readily apparent to most there is a way to win even though you lose in local court and end up with a judgment. The solution lies in the fact that consumer protection laws are in place at both the federal and in most cases state levels as well. If you know about those laws in sufficient detail and how to use them to your advantage you can use them to turn the tide and make things start going your way. It isn't enough to just say that they can't call you before 8 A.M. or after 9:00 P.M. or on Sundays or Holidays unless they do and you are willing and able to do something about it besides just complain to some government agency who might or might not write them a stern letter. You must be able to punish them for their violations by taking them to federal court in order to force them to obey the law. People may know they broke the law but if their victims don't also know that unless the violator is taken to court there is no effective remedy. When government passed the law they gave the private person the power and right to prosecute to the people individually. That is what is commonly known as the right to act as a private attorney general. You can use your right of private attorney general to force the debt collectors away from you and your assets. It is the only effective way to legally get that done and since attorneys are also defined in law as debt collectors they too can be sued if they fail to obey the law while attempting to collect a debt. The problem is that lawyers often don't contact people other than to have them served with a summons and complaint. People don't realize that even though the debt is in court they still have to follow certain rules in the process and that the court process may be the only way the debtor has to get violations on the lawyer. The reason that people should fight in local court even though they are most likely to lose and get a judgment against them is to get violations against the lawyer so they have one or more violations they can use as a weapon once the local court case is over. People also don't realize that even though the debt collector has a judgment and maybe even a garnishment order in place they still have to obey the law while trying to collect the money the local court awarded them. It is the key to winning even though you might very well lose the case in local court. By taking them to federal court they can make the debt collectors and their attorneys go away and leave them alone and get paid handsomely in the process. The fact that the attorney has a judgment and the debtor legally owes the money makes no difference whatever because just as the only question
  2. 2. before the local court was whether or not the defendant owed the money when the case goes to federal court and the defendant is now the plaintiff the only question before the court is whether or not the plaintiff, now defendant, broke the law. As it is in local court, if the plaintiff can prove his case he wins every time. That is the way to win the war even though you lost a battle. Hundreds of people take debt collectors to court every month and win and you can too. You just have to learn how and that is what I do through my Creditwrench program. There is another way that I can help you as well. I have another program which I call my TARP program. As you probably know, TARP is an acronym meaning Toxic Assets Recovery Program. What you probably haven't thought of is that your debt is your creditor's toxic asset. You would probably just love to keep it that way if you could since you can't afford to pay what you owe and you either don't want to file bankruptcy or can't for whatever reason. You can't afford to have them taking 25% of your wages either yet until I came up with TARP there was no way to keep them from garnishing your wages. TARP can keep them from getting any money through garnishment of wages or seizure of vehicles or other assets. It uses the court system to do that so it isn't cheap but it certainly is effective. The only trick is that you can't sit around and wait for them to go after your wages or other assets before you enroll in the TARP program. You must do it before they can get to your wages or it is too late. I can't represent you in court because I'm not an attorney. In fact, I'd be ashamed to admit it if I were. But I know how to win because I've had years of experience teaching people how to win in court. I know every dirty trick lawyers use in court to win, I know how to win and I know how to teach you how to win. Bill Bauer CEO of Creditwrench.com (405) 237-2174 (405) 227-9423