Hey, everybody, this is Bill Smith, this Privacy Fight Club. And of course, I’ve got my main man over here, John Singleton, coming to you from an undisclosed location undisclosed sunny location. He has that beautiful 10 rows in north, and which is why the default, its light will bounce off of it.
So we’re here with with our new friend and Vince has an incredible story, you know, we John, you and I have have spent many hours.
Discussing with with clients on on air doing interviews, You certainly within hours and on hours, on end of interviews, Talking about how people come to you with collection issues. People come to you. They, they’ve got served a lawsuit and now they’ve got to figure out what to do.
And so many people panic, they tried it, they, they cross their fingers and hope they can get chapter seven.
I’ve headlong into that, and sometimes they don’t end up in chapter seven.
They end up forced into something else, which is a shame, But Vince here has a story to tell us today, that is, that is really a fantastic success story using your Methods Jones, so Welcome, Vince. Welcome John. It’s it’s really great to talk to both you and Thanks, Bill. Thanks, Bill, going to be here. Vince: Do you want to do you want to explain sure, know what, OK, what happened?
Well, as I, about July last year, I got, I got sued, I got served papers so Guy came to my door actually, Probably, I’m in a gated community. So I think he waited for them.
The gate right before the Gates would close. And I was home. Got, I usually work late so I got home was the gates were still open. He got to my my home banged on the door and he served me these papers.
So, obviously, it was, it was completely unexpected and first reaction was I was pretty, pretty, pretty shocked. You know, didn’t didn’t know this was coming. I didn’t know that was going to come that day.
And I’m being sued by some attorneys and I, These attorneys are collecting or collecting for a loan that I took when I had a business up in New York. So, I paid a good chunk of that loan back, but wasn’t able to pay everything.
So they, and so, the bank hired these attorneys, and attorneys, first sent me some letters, and I tell you the truth. I ignored them, thinking that, if I ignore them, they might possibly go away. But, so, I kinda knew something was going to eventually happen.
So, so eventually likes the last year I got sued, or I got serve these papers.
And as a result, I figured, OK, I need to start dealing with this. And so for the first day or two, I started just going on the internet, researching, OK. I guess I gotta hire an attorney.
And realize, OK, an attorney is going to cost money, They charge anywhere from $120 an hour to 400 Depending on, On what, how good of attorney you get. So this is gonna cost money to fight.
And so, it took me a few days to get my, my, my head wrapped around, get ready to spend some money and Get that money somewhere to get ready, to fight me Getting ready to fight this Really well, it’s if you don’t mind.
You can give a broad range, but but roughly what was the debt in question that Europeans? Oh, yeah, Sorry, I should have mentioned that. Well, the loan was for $25,000 that I took out and I paid a good chunk of that back.
But then with the attorney’s fees, sending letters and stuff, it got up to like close to 30,000 Plus, I was like continuing to work on it. So, it’s not a small amount to nothing that they decided to.
This was an unsecured.
So this is, this is the, this for a little bit of context here, you have this loan in New York, you move over your life, not even in New York anymore, you’re somewhere else whole new day.
And now this lawsuit comes, and the idea is you, you had some trouble, you weren’t able to pay it, and so now they’re saying, OK, so we’re entitled to ruin his life. Notice that it wasn’t here for you. Notice that was a business debt, so let’s look about look at where it originated from.
So you would think the business would be liable for the debt.
Why are you being sued?
Because it’s not a business debt, it’s a consumer debt that was written with the name of your business on it.
but it was underwritten with your name and date of birth and SSNs.
So it’s actually a personal debt and they made you the guarantor.
That’s how it was underwritten. So when they say it’s a business debt, typically it’s not unless you deliberately created credit for your business through Dun and Bradstreet and went out of your way and applied and did not use your SSN and date of birth. That’s when you know it’s a business debt and you’re not the guarantor.
So that, so see how they kinda stick here, like Frank says, I mean, is they just move this along.
And maybe your business has dissolved or who knows what’s going on, but it doesn’t matter because they’re just going to sue you personally.
So, you have an unsecured debt.
There to make it secured. Everybody loves unsecured. Yeah. Everybody said, Oh and secured unsecured, unsecured.
Well, you’re one lawsuit away from that being secured and what are they going to go after? they’re gonna go after your wages?
they’re gonna do direct garnishment of bank accounts.
And then, they’re going to attach Liens on your property. And so, it becomes it becomes secure. Pretty secure.
Once they record a judgement, it’s, again, it’ll encumber your equity and property, and then they can use it to take your cash flow, whatever that is. So, um, so, yeah.
You’re right, you’re looking at a $30,000 claim by the creditor.
Now, this wasn’t even a debt collector, this was the actual bank, and that, if you hired an attorney, it would gosh, what would happen? I don’t care what attorney you hire. It doesn’t matter if you pay more money.
They’re not better attorneys because it’s just the same piece of paper with the same words on it. A different attorney is not better, All he’s going to do is get you into a payment plan.
I mean, there’s only there’s two ways of doing that.
You can do it before you go to trial, or after. If you go to trial, you’re still going to lose with an attorney, and you’re gonna pay way more money for his fees.
So, it depends on how that attorney gets his money, how he is, practice is structured as to how he wants to bill you, because he’ll, he’ll say things to you to get you to go to trial, where some attorneys won’t, maybe they have a high volume and they’re just happy to go to, you know, settlement, settlement, settlement, sediment, and they make their money that way. And then some attorneys, they can talk to you and they can feel like they can feel you out and see if you’re the type of person that would pay $10000. And if you are, he’ll probably take you to trial.
It’s just like anything else. It’s not about you. It’s about what the attorney can make.
So, they basically size you up to see how much yes you have.
They put together a plan to take.
Yeah, and the only reason that it makes sense to try to defend the case is if you have risk, if you have exposure to the creditor, where the creditor could eventually take your cash flow or property rights.
So, the trick here to win the punchline is to remove those property rights, like your real estate interests, you change those. You know, you can move those out of your name. You can put a lien to encumber your equity. You can manage your bank account so that those accounts are not subject to alevi, there’s all kinds of ways of doing that.
So in this case, what I would like to do is look at your risk. We talked about that, remember.
First thing we on the first phone call, OK, let’s talk about what your risk is and who’s going to do that? If you call an attorney, they turn is going to say, Well, I asked the creditor, or you’re gonna end up having to pay so what do you think you can afford to pay a monthly basis?
That’s how attornies talk to people and my first question to you is, if they win, what can they take from you, and then we make a list and then we say, OK, let’s take this out of your name. Let’s move this, let’s do that. Let’s re-organize this. And now, the answer to that question is nothing.
And then it doesn’t matter what happens in the court.
But just the same, let’s tell the court that the cases, the, the complaint that they wrote is legally insufficient.
Say, you remember that one, right? I certainly do. Let’s see what would happen next, because we’re getting into the year, which is pretty well.
Yeah. Well, just to take a step back, I I watch YouTube videos of what, Sarah West Hall and I saw that she she had interviews with John, and I actually remember that. Hey, there was this really smart guy that talked about crypto lawsuits. And protecting yourself, I said, OK, let me, let me go. Go. Check him out. And did some research looked at the archives and saw a couple of his YouTube videos, and watch them over and over just to try and get an idea of what, what, what, what’s going on here.
And then those videos, John explains that this is a system and process that uses you that is used to get money out and so I went to his website. I set up an appointment just to talk with them, thinking, OK, You know what?
Instead of going to the, you know, as close to don’t know, calling attorneys and going to them, I said, Let me just give John a call, see if he’s free. Maybe you can help me.
And so I set up an appointment online, and then within a few days, I remembered I I, I have that appointment, John. He called me And when I explain to them, what was going on, the first thing he did was he laughed and laughed at me but he just laughed at the whole process system. I believe it or not, when he did that.
That gave a sense of calm, because it wasn’t Sere laugh from a person that understood what was going on, and then he continued to explain, like you just did, on what was happening and what, what they were doing to me and to everybody.
And so, through that call, he explained why I’m getting sued the background before it, and how to fight it, and how his what he has gone through in his own life and fighting. Other lawsuits people have sued him, and how he has helped so many other people in similar, even worse conditions.
And that I’ve been, I’m in now. And so, when he, when I explain to them this, this case, he was able to look up my case online, and he he saw, OK, that you recognize the attorney said, oh, these guys are probably debt collectors. I think I recognize the name.
I mean, everything he did was really great and showing that he just understood this whole, this whole process of extracting and showing people, extracting money and suing people.
Yeah. That’s very helpful so well. So you you You establish And I love what you said about how he laughed because you know, I’ve I’ve been on many phone calls with people in your situation.
And man, you know, to hear the stress and attention and people get sick.
I mean, John, yeah, yes, we can help people. You and I talked on a recent video where where you were helping people with health issues because it just destroyed them.
They they actually start to, yeah, diseased over it.
And so when you’re an expert, you’re welcome, John. When you’re an expert chuckle at the situation, they’re either the biggest jerk ever or they know something very good news That’s what my part of the phone call, when John laughs at the situation. And then we move on to solving it and let’s, let’s look at the anatomy of this OK, so you’ve got a creditor as represented by an attorney. He’s not represented by a law firm.
Law firms cannot represent anybody, so be clear about that, and there’s an important distinction.
So when you see law firm in the letterhead, and all that, just look for the individual attorney who sign the complaint or sign the letter. Most of the time the attorneys don’t sign letters, but they have to sign the complaint.
And sometimes they tried to hide the signature and hide their identity behind the name of the law firm and it’s illegal.
It’s actually a crime for a law firm to represent anybody in court. That’s it Most people don’t know but here’s the cool thing.
A creditor is not penalized under the Consumer Credit or Consumer Debt protection laws like the Fair Debt Collection Practices Act.
Creditors are not included in that, but law firms are and attorneys are. So, you can actually sue the attorney and see the law firm separately for damages just because they have your name. For no other reason, I don’t care if you owe the debt or not.
So what we did in vince’s cases, we filed a motion to Dismiss.
And now, correct me if I’m wrong, but didn’t the the creditor include a copy of the debt instrument, which is unusual?
Yeah. Copy, Yeah.
Yeah, somebody, these exhibits are here in the back of copies of, like billing statements, and then the credit agreement. Right.
Because a lot of times, a debt collector or a third party won’t have the credit agreement, which is kinda cool, because it gives you more latitude to argue the case, but they flat out had it, and they had a copy of What looked to Be your signature, right?
Correct. On the instrument.
Perfect example, OK, so here’s what we said.
We filed a motion to dismiss, and this is in Florida.
And a motion to dismiss basically says that you admit everything in the pleating, but that the, you can, you can then argue that the, the pleating is insufficient. Even if you admit everything, you’re saying that the Court doesn’t have jurisdiction to hear the case.
So, it’s really powerful even though you have to admit the allegations, so we said in there that admitting all the allegations, the problem is that what was alleged in the complaint, OK? And the complaint alleged that there’s a here’s, you know, exhibit A is the debt instrument, right?
And sure enough, there’s a copy of a credit agreement where it looks like your signature, a signature on there.
We said that that was not the dead instrument.
So we said that the allegations in the complaint conflicted with the exhibits because it’s not evidentiary. It’s just a copy of a piece of paper and that signature is not a signature it yet, it has to be authenticated with evidence in a proceeding. And just a pleading by itself is that the complaint that’s originally filed doesn’t do it.
It just creates a presumption that you’re correct. So when you come in there with a motion to dismiss and say, OK, fine if I admit that I owe this.
But your pleading is insufficient. Now, we’re talking about the pleading. We’re not talking about the debt.
You should never talk about the debt if you can avoid it.
So so basically that’s what that’s what we did, right. Yep. Exactly. Now, are you excited and happy to go to that hearing on the on your motion to dismiss? Tell you the truth, since it would be my first time go in?
I wasn’t super excited, but I was, I was confident because we set up a call, right, OK, a day or two. before, And you sent me, you, sent me a whole bunch of notes?
First, We talked about what to expect, what you should say, and, and then you were nice enough to send me notes on everything we’ve talked about, and then before the, before going in, I reviewed, reviewed those notes, and then, then went to the went to the hearing.
Did the attorney respond? I forget that. Did he, did he follow?
Call, yeah, he did.
He did respond, but can writing thinner responds to the motion?
I forget, the day before, the day before the hearing. So he didn’t, so I didn’t obviously have it. And then when I was in court, the judge said, oh, you did respond because we were going to argue that. The attorney didn’t respond. So, please dismiss, right?
And it turns out he responded the day before. Like, remember, I told you that what happened.
You did mention that. I said it’s possible. The attorney will drop in the mail the day before the hearing. So you get his response the day after, then, that’s what they do. They just do stuff like so, so then it’s not part of the record at the hearing, and you could have argued that. But it’s irrelevant, it doesn’t matter. But you could have argued, well, wait a minute if you mailed it deliberately the day Before the hearing. Isn’t that in bad faith?
And that’s not even part of this proceeding this hearing today. And so therefore, there is no response to my motion to dismiss. It’s uncontested. And I want it granted.
That way. I don’t know. I’m not even talking about the motion now. I’m just talking about the fact that there was no objection to it.
Yeah. So, so, what are the judge say in spite of all that? And the judge said, OK, I’ll give you seven more days. There were some issues with his filing, for some reason. the judge thought it.
First thought it would be, it should have been filed in small claims court, OK, for the amount, but that he did something wrong. So he had to refile he had seven days to refile, and then I have to respond to that.
So, he granted the motion to dismiss.
He did, yes, It was good.
This is important because the judge can grant the motion, which means you won the case, but he gave the other side permission to change the pleading to cure the deficiency.
That’s what, that’s what it was.
So that’s, it’s a, it’s an order to amend the pleating within so many days, seven days, In which case, when that, when the New Amended complaint is filed, which it has been filed, we’re supposed to address that. Either we answer that, or we do another motion to dismiss.
All right. So, so, what did we discuss after the hearing?
We will you’re, Again, after I’m telling you, what happened, you, you came up with another draft of the motion to dismiss, and I’m in the process of getting that signed notarized and filed with the clerc this week.
Yeah, do that. Do that quickly, Um.
But what we, what what we are expecting is the so-called Amended complaint to be the same complaint that was originally filed, with, like cosmetic changes. Right, So. Because the problem is, attorneys are using forms to file pleadings and if they have to rewrite a form, it’s very difficult because all the allegations on the form are perfect.
I mean, they’ve been, they spent 30 years coming up with these forms and they they match, they satisfy the jurisdictional criteria, and when they’re ordered to amend it, they don’t know what to do.
You can’t say more than the facts. You’ve already alleged they are complete facts. So now what’s he going to do? So what did he do?
He just took field, complaint, and then refiled it, and I think he up the charges, or change the amount.
So he asked for more money this time, that’s so that sediment complaints to demand anything, right? All right. So, the, same, I went through line by line.
Everything’s pretty much the same, except I think he had error and referring to one of the exhibits and correct, Sure. Well, I think this material Yeah, OK. So now, now here’s the issue before the court. First of all, it was never about the debt. It was about the insufficiency the pleading now. It’s not about the insufficiency of the pleading so much as it is the plaintiff’s failure to comply with the Court’s order.
That’s more important, because if you’re a judge and you have an attorney who you ordered him to do something, and he didn’t do it, where he’s trying to pull a fast one, like, in this case, you want to bring that to the judges attention. Say the plaintiff failed to comply with this Court’s order, dated such and such, and fail, by failing to amend the pleating, you have the identical pleading.
In substance, it’s the same thing.
So, again, nothing has been cured. And, once again, even more reason to grant the new motion to dismiss.
And do you care what happens? I mean, basically, you beat him, but even if you get this, if this motion is, granted, again, and let’s say it’s granted with prejudice, which means they can never see you again.
What they’ll do is the creditor will find another.
Or, they’ll sell it to a debt collector, or they’ll find another law firm next year, and they’ll get, they’ll file it again, a new case, and they’ll get a different judge, and they’ll probably get a different outcome.
That’s just, that’s how the system works.
So, so would you care?
Not really, just me, just as long since you’ve already guided me on what to do.
So, if it does happen again, going through the system and, and risks. You mean. If, if I were you, even though you know how to do this, it’s, it’s a nuisance to waste your time to go there, because your risk is gone.
So, what’s the point, really, other than learning? It’s good to do that. I like everybody to do it, to go through that.
It’s stressful to go to that, but it’s the last stretch you’re gonna have in situations like that, I think, anyways, hopefully.
Yeah. So, you don’t need to participate anymore, they can do whatever they want, and Yeah, you’re you’re out in?
Yeah, there’s no risk, and they’ll have a piece of paper that will say they have a claim on your property and there’s no property to take until the debt expires, which it will, and then it’s gone.
Is it? That’s one thing I want to highlight, which is why I put my head back in here, is, is that winter winter lose this case?
I mean, it’s, it’s cool when, when you can stick it to them, right in court, and they have to leave you alone, because the court, The judge says, Yeah, that’s wonderful, we love that.
That’s a lot of fun, But, it’s not that important, that that happened.
You’ve been put in a position now where you have, And, John, feel free to jump in if I say something stupid, But you have all the protections of Chapter seven without any of the burden of Chapter seven.
Yeah, Chapter seven is going to qualify for chapter seven. Then, that just means you’re uncollectible, which is the goal.
The goal, So why would you follow? Chapter seven when you’re already uncollectable?
And you risk doing a Chapter seven, You risked the judge ordering it converted to a Chapter 13, and you cannot dismiss from Chapter 13 And Chapter 13 is a payment plan.
There’s no way around it. On this payment plan.
Yeah, and so what’s funny is some people say OK, almost every case just like your your case Vince is is like this one way or the other because in the end the creditor gets a judgement very few like one out of a thousand where we’ll get a dismissal and it’ll stay like that forever.
OK, OK, so people will search My name on the Internet, and they’ll they’ll try to find cases, and they’ll look around and they’ll say, oh, you see he hadn’t filed this, and they lost, but that doesn’t show what happened, because what we really did is make you uncollectable So you’re not paying anything. So, it’s about the money. It’s not about if someone got a judgement against you.
Yeah, Whether you win or lose the case, it’s whether or not you can, they can take anything from you, make the paper worthless, OK. Yeah.
So just think of a chance to add. And by the way, I probably wanted to mentioned earlier, if you remember, I told you how I was researching attorneys in mm one of the best feelings was when I was speaking to John on that first call, you pulled up my case. And he said, Oh, you know all you have to do is file a motion to dismiss, and this is what you do. I said, OK, great.
That that sense of relief came upon me where, you know, Now I have a way to fight and battle this, and then John said, Oh, wait, a second. This is I have a document similar that you could file.
So we pulled up that document took my cases information, put it in, and he said, Well, I’m not even going to charge you. Yeah.
And I sent me that that motion to dismiss, which I then took and filed, and I have to tell you after doing after speaking with John and having them do that.
No, remember I was going I was ready.
I was in a state of mind ready to pay an attorney thousands to this point where I can I feel confident now to fight this on my own so I just just wanted to say This. This was it.
was, it was great talking to John and and I really enjoyed after speaking with them, going through this, and learning. I appreciate you saying that. Yeah.
And the only thing that to keep track of on a case, when, you know, someone has a judgement against you, you already know it’s uncollectible, hopefully, in most cases, is if some point in the future, which rarely happens, where the creditor will ask you discovery questions, It’s called Post judgement Discovery. So, if you just check your mail to see, if you get a notice of a list of questions that you have to answer, Or if there’s a notice where it’s telling you, you have to go meet somebody at an office and answer questions under oath.
It’s called a deposition, or Interrogatories, and these are called post judgement Discovery Questions. So if you get something like that, again, you probably won’t, very likely you will not.
If you get something like that, you do have to answer those questions.
But the nice thing about it is, when you’re already protected, your assets are protected and income is protected. You can answer all the questions, as long as you tell the truth.
It doesn’t matter what you tell him.
They can’t take anything. Yeah, and what’s their goal from for that, too?
Go back to court and file another suit, or to men who don’t know What they would do is, if they discovered assets that they didn’t know about?
Like, they couldn’t get through a credit sweep, or looking at your credit file, or an SSN sweep on the national database for all the banks.
If they couldn’t see something to take, to swipe your bank account, They’ll call you for questions, or send your questions in the mail, and you might tell them about a bank account that you have access to, or rights over the data, didn’t discover.
And then they would go ask the judge for permission to take that money, OK, Yeah, Yeah, So that’s why you want to be able to answer questions like the way we set things up or so that if you’re asked Do you have cash in the bank?
You can you can say no even if you’re a high net worth person Because we made it so where it’s not your money, It’s you know a structures. You’re not lying.
Millimeter hmm, you’re not lying.
You don’t exactly be like if you work for a big company, the big companies money. It’s not yours. Millimeter, So that’s an example, You can just say, Well, no, I don’t, I don’t have any money in the bank, I have a bank account, the average balance is $10. Or I don’t have a bank. I like to tell me, I like to tell him you have a bank account.
Because if you tell him no, then they want to check further. Right? Right. Like. You mentioned earlier, I think this is before we were on air, but to business. But at one point, you were on a church board that had legal issues? Correct? I didn’t. Sorry, at, just just to make the point where the church board had lost that lawsuit.
That doesn’t mean they were going to take your money because you were presenting the church.
Yep. And it’s, It’s actually, John, it’s funny, because that is literally the exact example that I do with people. said, Hey, if your church had a debt and you got sued, you might have to go to court. But it’s not your money. So there’s just nothing that, you know, they can’t take your money for the church, just because Europe or they’re right, or you’re on the board there, right? And they couldn’t, like, in your case, a per individual, personal case.
So that it couldn’t see the company mm for your personal debt, or attach the company’s money for your personal debt. Yeah, right.
Yeah. Yeah, and and basically you know just to use that as an illustration.
John’s helping you get in a position where all the money you handle is unattached to you in that way. Yes, Which is a great great? It’s it’s totally late when it’s very wise. So with that, unless you have anything else to throw in events. We’re just going to tell people where to go so that they too can have access to this kind of information. So thank Vince is a great interview It’s it’s really nice.
Know, I know John has worked very hard to make this this information available to people and to help people such as yourself. So it’s really cool to hear from somebody You know and you’re giving us your perspective from the start. You know you hear him on Sarah West all.
It’s like it’s just it’s, it’s sort of our fantasy of how people will get helped. I heard about that guy and now and now he helped me. It’s really it’s really cool to hear it straight from your lips Vince and so we really appreciate you taking the time to talk about it. Now, if you, my friends Would like to learn about the the resources. And the methods that, that John has developed. He has a new website, Privacy, Fight, club dot com.
And he does webinars very regularly. So if you just head over to privacy, fight club dot com, you’ll be able to register for his next live webinar where you can ask him questions about your own case.
There’s also memberships at Privacy Fight Club.
And one of the things that comes with our memberships is access to the Slack chat where John is in there. I’m in there as well as a whole community of very cool people like Vince who were also not interested in paying the Man Central banks and their their wacky money that they pull out of thin air and then Sue you for later. So Vince, good job then you did the right thing and we’re all, we’re all impressed by how you handle this.
You didn’t, you didn’t freak out and go on some government enforced payment plan. You, you handled it great. And so if you’re interested watching at home, if you want to want to learn more about that over to Privacy, Fight Club. one of our webinars even better join one of those memberships that John has offered.
And it’s basically great education, so you can learn all of this stuff that that Vince Learned and learn how to do this for yourself, as well as be able to interact with other people who have done it right there in that Community Slack room. So thanks everybody for watching. Thank you, John. Thank you Vince. Just thanks guys.
I knew I was gonna be a fun one because we’d love, yeah, Yeah, yeah. All right, cool, Thanks, everybody, for watching. Privacy Fight Club, kind of Take care.
1. The Privacy Fight Club interview revolves around a man named Vince, who was served a lawsuit from attorneys representing a creditor for a loan he had defaulted on for his business in New York.
2. Vince initially ignored letters from the attorneys, leading to him being served papers to begin a lawsuit.
3. The loan originally stood at $25,000, but with added attorney fees, it rose close to $30,000.
4. After being served, Vince researched online about hiring an attorney, but realizing the cost, he began searching for alternatives.
5. Vince discovered Privacy Fight Club and John Singleton, who specializes in debt and privacy lawsuits.
6. Singleton looked into Vince’s case online and realized that the creditor had all the necessary documents, including the credit agreement with Vince’s signature.
7. Singleton filed a motion to dismiss, focusing on the insufficiency of the pleading rather than the debt itself.
8. After a hearing, Vince was given an order to amend the pleading within seven days, which he did with Singleton’s guidance.
9. Singleton emphasized that the lawsuit was not about the debt but about the insufficiency of the pleading and the plaintiff’s failure to comply with the Court’s order.
10. Throughout the process, Singleton provided Vince with the knowledge and resources to understand and navigate the lawsuit, reducing his risk and helping him become uncollectible without needing to file for Chapter 7 bankruptcy.