{"id":16636,"date":"2021-07-28T07:48:50","date_gmt":"2021-07-28T11:48:50","guid":{"rendered":"http:\/\/privacyfight.io\/?p=16636"},"modified":"2023-06-25T06:32:54","modified_gmt":"2023-06-25T10:32:54","slug":"u25-debt-collection-review","status":"publish","type":"post","link":"https:\/\/privacyfight.io\/u25-debt-collection-review\/","title":{"rendered":"U25 &#8211; Debt Collection Review"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-post\" data-elementor-id=\"16636\" class=\"elementor elementor-16636\" data-elementor-post-type=\"post\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-ba0f88e elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"ba0f88e\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-c35593e\" data-id=\"c35593e\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-a31f7bb elementor-widget elementor-widget-text-editor\" data-id=\"a31f7bb\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"vidseo_wrapper\" style=\"width: 100%;\">\r\n\r\n    \r\n    \r\n        <div class=\"vidseo_vimeo\">\r\n\r\n            <iframe title=\"vimeo-player\" src=\"https:\/\/player.vimeo.com\/video\/720194542\/?\" width=\"100%\" frameborder=\"0\" allowfullscreen><\/iframe>\r\n\r\n        <\/div>\r\n\r\n    \r\n    \r\n    <div class=\"vidseo_collapse\" style=\"\">\r\n        <div class=\"vidseo_btn\" style=\"\">\r\n            U25 \u2013 Debt Collection Review\r\n0:01\r\nYeah.\r\n0:04\r\nHi, everybody. This is John Jay. And today, I want to talk about something very basic.\r\n0:08\r\nIt may not concern you, but this is more focused on how to deal with a lawsuit. And specifically, this is consumer debt.\r\n0:17\r\nAnd it\u2019s just very small &#8230;        <\/div>\r\n        <div class=\"vidseo_collapse_content\" style=\"\">\r\n            <p>U25 \u2013 Debt Collection Review<br \/>\n0:01<br \/>\nYeah.<br \/>\n0:04<br \/>\nHi, everybody. This is John Jay. And today, I want to talk about something very basic.<br \/>\n0:08<br \/>\nIt may not concern you, but this is more focused on how to deal with a lawsuit. And specifically, this is consumer debt.<br \/>\n0:17<br \/>\nAnd it\u2019s just very small debt and resulting from a, a credit card like an unsecured credit card type debt.<br \/>\n0:25<br \/>\nSo what I did, is, I found a case file on the internet, and I\u2019m just looking at what\u2019s transpired between the person who\u2019s the defendant, or the debtor and the debt collector.<br \/>\n0:36<br \/>\nThis is a third party debt collector, And I\u2019m going to critique this.<br \/>\n0:40<br \/>\nI\u2019m going to analyze this, and I\u2019m going to explain some elements to this so that you can see for yourself, it\u2019s this, this demonstration that I\u2019m going to show you, can also be used for all kinds of risk. Now, when it comes to third party debt collectors in America, there are specific ways to manage it.<br \/>\n0:58<br \/>\nSo let me just start with this: imagine if you had never seen fire before, and I, I showed you some fire, and then I let you burn your finger, and then you hated me, and ran away in terror.<br \/>\n1:08<br \/>\nAnd then anytime you saw the fire, you had runaway and terror because, no, because of your experience, right?<br \/>\n1:15<br \/>\nBut if I introduced fire to you in a way that demonstrated how I could use it to cook food, and build something OK, or defend yourself or stay warm in the winter, you would want to know how to make it. You would want and don\u2019t want to know how to use it, you would see it as a tool, or you would see it as a risk that you can manage, and this is the way I look at debt.<br \/>\n1:36<br \/>\nMy purpose here is to show you that this is a risk that you can manage. It\u2019s a financial risk that you can manage if you try to manage it by giving up and letting someone else tell you what to do such as an attorney.<br \/>\n1:49<br \/>\nAttorneys are not risk managers there, people that bill by the hour. That\u2019s it. They usually don\u2019t solve problems.<br \/>\n1:57<br \/>\nI mean a lot of times you think back in your life where if you\u2019ve used an attorney, I\u2019m not just disparaging attorneys, but I\u2019ve heard so many stories that I\u2019ve had personal experience where you just don\u2019t have a good feeling after that experience. Even if you want a case or something, it\u2019s just doesn\u2019t feel right. You know, there\u2019s something that didn\u2019t, it didn\u2019t work out good.<br \/>\n2:15<br \/>\nSo, I would just, I\u2019m wanting to show you this so that you can look at a risk and not runaway and terror, OK. There\u2019s a way that there\u2019s a way to deal with it.<br \/>\n2:24<br \/>\nSo I\u2019m going to share a screen, mostly, I might have to do this in a couple of parts.<br \/>\n2:29<br \/>\nSo let me just share a screen here, and I\u2019m going to show you the example here, the case file.<br \/>\n2:37<br \/>\nSo you see my screen here, I should move my image out of there.<br \/>\n2:43<br \/>\nAll right. So, it\u2019s a double image on the screen.<br \/>\n2:45<br \/>\nOK, so, I have a few things I\u2019m going to show you, but let\u2019s look first at what we\u2019re talking about.<br \/>\n2:51<br \/>\nSo, I located this file, this is a debt collection floating around somewhere.<br \/>\n2:56<br \/>\nAnd you could see that the debt collectors called LLVM the funding LLC, that\u2019s a debt collector. You know it\u2019s a debt collector because that organization does not issue credit.<br \/>\n3:05<br \/>\nIt doesn\u2019t issue credit cards. It\u2019s not a bank, it doesn\u2019t do its own underwriting.<br \/>\n3:10<br \/>\nIt\u2019s simply collect, find receivables, and we can get into what that involves, but, Here\u2019s what you want to look at.<br \/>\n3:17<br \/>\nNow, this case didn\u2019t just appear, um, let\u2019s scroll back, Let\u2019s go back a little in time, OK, and we\u2019re going to see how this began somewhat.<br \/>\n3:30<br \/>\nThis is typical, C have.<br \/>\n3:32<br \/>\nThe first thing I look for is this I know it\u2019s a debt collection and whether or not I owed the original creditor money, I don\u2019t care.<br \/>\n3:40<br \/>\nI just look at this as risk, just like if I look outside, Before, I\u2019m gonna go somewhere, it\u2019s gonna rain. I\u2019m just gonna bring my umbrella.<br \/>\n3:47<br \/>\nSo, I look at that. I look at this, this, this way. Now. If I borrowed money from a friend or a family member, I\u2019m going to pay him back, but when it comes to banks, it\u2019s a different animal. It\u2019s a different story. So, here\u2019s how I look at this step.<br \/>\n3:59<br \/>\nSo, a person gets a debt collection, and look at who the debt collectors, Let\u2019s just say, Scott and associates TC.<br \/>\n4:07<br \/>\nNow, this is a law firm.<br \/>\n4:09<br \/>\nA professional company, professional corp, OK, Scott and Associates, this is a debt collector.<br \/>\n4:17<br \/>\nIt\u2019s involved in the collection of a debt.<br \/>\n4:19<br \/>\nIt is regulated and subject to the penalties under the Fair Debt Collection Practices Act, and if you\u2019re in California, for example, it would be under the rosenthall Act.<br \/>\n4:28<br \/>\nYou have parallel debt collection or consumer debt collection laws. You got the federal that\u2019s enforceable in the state and the Fed. And you got the Rosenthal Act in California, for example, that\u2019s enforceable in the state court and the federal courts.<br \/>\n4:41<br \/>\nSo if if they owe a penalty under the Fair Debt Collection Practices Act in California, they also owe it under the rosenthall Act as an example. So check your state.<br \/>\n4:50<br \/>\nMost states have a similar state statute that, that, it\u2019s almost the same thing as the Fair Debt Collection Practices Act, and you can find this under Title 15 of the United States Code Section 692.<br \/>\n5:03<br \/>\nAlright, in any case, here\u2019s what I look for.<br \/>\n5:06<br \/>\nWhen I see a debt collection letter like this, I want to see who\u2019s trying to collect.<br \/>\n5:11<br \/>\nSo, first of all, Scott and Associates PC, that is a debt collector number-one, where is this organization operating, Alabama, California, DC, Maryland, et cetera, OK, just interesting to note that it\u2019s notated as attorneys at law, there\u2019s just, its address, the Texas addresses, probably its headquarters.<br \/>\n5:32<br \/>\nThe debt or the dead, or the person who supposedly owed owes its money is this woman here, OK, in Texas.<br \/>\n5:39<br \/>\nSo now, you have a debt collector that appears to be using a Texas address, who\u2019s collecting from someone in Texas.<br \/>\n5:47<br \/>\nThis tells me that it\u2019s likely that the debt collector will sue very soon.<br \/>\n5:53<br \/>\nIf this debt collection was showing an address of somewhere in Alabama, chances are that it wouldn\u2019t be the law firm or individual attorneys who would sue the person, because, unless they\u2019re practicing in both states, which is unlikely.<br \/>\n6:07<br \/>\nIt\u2019s not uncommon, but it\u2019s unlikely all, right?<br \/>\n6:12<br \/>\nWhen it says down here, it\u2019s identifying the type of case we\u2019re talking about. So when they, when they send this letter to the debtor, they identify their file number, so they have an internal recordkeeping. I don\u2019t ever use their file number. They can figure it out for themselves. They\u2019re identifying themselves as a creditor, which is false because Scott and Associates, and LLVM the These are debt collectors, the third party debt collectors. There is no legal duty to pay them.<br \/>\n6:37<br \/>\nSo unless you pay him so if you ever make a payment to any of these people, organizations, you, then create a new obligation, just say, no.<br \/>\n6:44<br \/>\nIf you had an obligation with the bank, the original creditor, that\u2019s fine, and that has to be proven.<br \/>\n6:50<br \/>\nBut there is no duty for LV envy or scotton Associates, So they\u2019re claiming to be the current creditor. And they\u2019re saying that the original creditor synchrony bank, well.<br \/>\n7:00<br \/>\nIf this were to exist, there would have to be a sale of the right to collect. Or the credit account would have to be sold or assigned to Elvia Envy.<br \/>\n7:09<br \/>\nAnd there has to be a contract illustrating the assignment that specific dead obligation and they never do that, they might come in there with a bill of sale, as you\u2019ll see here, with a generic contract that says, we\u2019re buying your entire portfolio, OK, but that doesn\u2019t pertain to your individual case, or this person\u2019s individual case.<br \/>\n7:31<br \/>\nNotice the date here. OK, it just so happens that was in January, but it\u2019s important to note the date.<br \/>\n7:37<br \/>\nI\u2019m saying this because when you get a debt collection letter like this, now this is a debt collection letter, because it\u2019s from a debt collector.<br \/>\n7:45<br \/>\nIf it\u2019s from the creditor, it\u2019s a demand for payment from the creditor.<br \/>\n7:51<br \/>\nBut, if it\u2019s being made by a law firm or its attorneys, each of the attorneys and the law firm itself are third party debt collectors.<br \/>\n8:00<br \/>\nJust important to note that in these letters, look down at the bottom, says, this is an attempt to collect a debt. any information obtained will be used for that purpose. If you don\u2019t respond within 30 days, we\u2019re going to assume that that\u2019s valid.<br \/>\n8:13<br \/>\nThis is really funny because, if you look in Title 15, Section 692, at State, Specifically, and there and I forget the paragraph, but it says in there that, failure to respond or dispute the debt within 30 days does not operate or does not admit the liability.<br \/>\n8:30<br \/>\nIt\u2019s not. It\u2019s not an operation of admitting the liability, OK, you can look at it yourself.<br \/>\n8:34<br \/>\nSo they\u2019re saying the opposite of what the statute says. So even if you don\u2019t respond to these guys within 30 days or don\u2019t respond at all, it doesn\u2019t mean you admit the debt.<br \/>\n8:44<br \/>\nEven though it indicates that here, it does indicate that the law firm, well, assume it\u2019s valid, but they can\u2019t actually act that way. The Court can\u2019t see it that way, put it that way.<br \/>\n8:55<br \/>\nNow, Scott and Associates, like I said, it\u2019s a professional corporation.<br \/>\n9:00<br \/>\nIt is not legally permitted to represent a corporation. Let\u2019s say, elvie envy.<br \/>\n9:08<br \/>\nIn a court of law, it can write a letter like this and put this on it on the letterhead.<br \/>\n9:13<br \/>\nBut Scott, an associates, is not permitted to represent a corporation as an attorney, because it\u2019s not an attorney.<br \/>\n9:22<br \/>\nIt\u2019s not a bar member. It never passed the bar. It lacks the qualifications of an attorney.<br \/>\n9:28<br \/>\nIt\u2019s illegal for Scott and associates\u2019 TC to represent a debt collector in court.<br \/>\n9:37<br \/>\nIt can represent some party in a proceeding of some kind like a negotiation or something. Someone has to sign for it and all this stuff. But when it comes to court, there has to be an individual attorneys. So I\u2019m always looking for the individual attorney. Do I see one here now? They\u2019re pretty slick. I mean, these guys, don\u2019t put their name on anything, Especially, these guys scotton associated been around for a long time. So, I\u2019m gonna scroll down, also note the debt, $3400.<br \/>\n10:00<br \/>\nIt\u2019s good information to have.<br \/>\n10:02<br \/>\nYou can see here that some software generated the person\u2019s name.<br \/>\n10:06<br \/>\nIt\u2019s like a robot, Derek, Deborah. Right?<br \/>\n10:09<br \/>\nThis law firm represents LLVM V, OK. That\u2019s fine.<br \/>\n10:13<br \/>\nBut you cannot represent LLVM V in court just so you guys know.<br \/>\n10:17<br \/>\nThis may be important. in some cases. Just just keep that in mind.<br \/>\n10:21<br \/>\nSo, I\u2019m going to scroll down here. Now, notice how no one signed it. Why? Because \u2026 afraid, who would want to put their name on something like this. They\u2019re sending this later through the US males.<br \/>\n10:31<br \/>\nThis is you\u2019ll see later this is fraudulent so who would want to put his name here. I mean, some do.<br \/>\n10:37<br \/>\nBut they\u2019re using the the US Postal Service to send a fraudulent bill.<br \/>\n10:42<br \/>\nThere\u2019s no debt here, OK, there might be a debt with the bank but certainly not with Elvia NB.<br \/>\n10:50<br \/>\nSo I don\u2019t see any attorneys name.<br \/>\n10:53<br \/>\nSo what I could do is not that I need to but I\u2019m just going to show you guys how to figure this out, don\u2019t bother filing a complaint with the Better Business Bureau. That is a share a sham guess I can help you at all.<br \/>\n11:04<br \/>\nIt may give you information, if you want to search on this company, through the Better Business Bureau listings on the Internet, or the rip off report, or something like that.<br \/>\n11:11<br \/>\nBut I like to look for the commercial listing, for this corporation, this PC.<br \/>\n11:16<br \/>\nSo I\u2019m gonna go over here, and I had already, I\u2019ve already done the search, I did a Google search, I use Duck Duck Go and I found lawyers dot find law dot com and I came up with this. So, if I see here, it looks like, it actually has headquarters in Texas that kinda matches the collection letter, right?<br \/>\n11:33<br \/>\nI think it does.<br \/>\n11:36<br \/>\nClose enough, all right.<br \/>\n11:38<br \/>\nSo, they probably have several addresses in Texas.<br \/>\n11:41<br \/>\nIn any case, who are, who are the principal parties in this law from now? I could call them up and ask, I mean, sometimes they\u2019ll tell me sometimes they won\u2019t.<br \/>\n11:48<br \/>\nI can also try to find the law firms website, and a lot of times, you\u2019ll see the names of the general partners, the general partners, like in this case, there won\u2019t be a general partner. It\u2019ll be like a CEO or somebody.<br \/>\n12:01<br \/>\nAnd in the individual, usually is going to be an attorney. That is the party, the principal party of the company or the partnership, the general partner, or the CEO. That is the responsible party. So, if you get a debt collection letter, and you want to you want to put the liability on somebody and no attorneys identified himself.<br \/>\n12:18<br \/>\nBy default, the CEO or general partner of the debt collector is the liable responsible party for any FTC\u2019s violations or anything like that.<br \/>\n12:28<br \/>\nSo, as it turns out, if you look down here, you\u2019ll see it looks like Abraham Joseph Dimple is the CEO or Responsible party.<br \/>\n12:36<br \/>\nThere\u2019s another one here, Elizabeth Caitlin, I don\u2019t know what their roles are. It doesn\u2019t indicate their titles.<br \/>\n12:43<br \/>\nI mean, you could probably call them up and ask. Here\u2019s the website, you see.<br \/>\n12:48<br \/>\nThat\u2019s all you need to know is who, who\u2019s behind this, OK?<br \/>\n12:51<br \/>\nBecause if you want to, you could take this into Fed Court and get some money out of it.<br \/>\n12:56<br \/>\nIf you\u2019re inclined, Sometimes it\u2019s easy, sometimes it\u2019s not, For 3000 bucks, the lower the debt, probably, the more likely it is.<br \/>\n13:02<br \/>\nYou\u2019ll get money out of these guys because it\u2019s going to cost them a lot of money to try to fight you.<br \/>\n13:09<br \/>\nAlright, so, what they\u2019re trying to do here is they\u2019re trying to meet the state\u2019s requirements for giving a privacy.<br \/>\n13:14<br \/>\nNotice there\u2019s total BS, I mean, This is not Whatever. It doesn\u2019t matter. Who cares? It doesn\u2019t matter what they\u2019re saying. So it looks like it gives you information here.<br \/>\n13:21<br \/>\nI mean, look, you\u2019ve got all these companies that are operating under the umbrella of Resurgent Capital.<br \/>\n13:28<br \/>\nIt\u2019s just interesting to note.<br \/>\n13:30<br \/>\nYou can read that yourself. I\u2019m going to scroll down a little bit further. So this letter came in January. This, woman responded.<br \/>\n13:37<br \/>\nNotice how she did not put the date. I like to put the date on the letter.<br \/>\n13:40<br \/>\nAnd I\u2019ll show an example of one in a second.<br \/>\n13:44<br \/>\nBut she used proof of delivery to get the Postmark date. That\u2019s another way to do it. That\u2019s fine. I like to put it on the face of the letter or both, but she used, uh, you know, certified mail, OK?<br \/>\n13:56<br \/>\nShe\u2019s got a tracking number and everything, that\u2019s fine.<br \/>\n14:00<br \/>\nFirst class mail is enough to respond to these things.<br \/>\n14:03<br \/>\nAll right?<br \/>\n14:04<br \/>\nNow, what she did here is she, as quoting the Fair Debt Collection Practices Act and she\u2019s telling him to cease and desist for the communications. I don\u2019t like to do that, because their only option, then, is to sue you. I\u2019d rather not be sued.<br \/>\n14:18<br \/>\nI can deal with it.<br \/>\n14:18<br \/>\nBut if they\u2019re not inclined to sue me, why would I? Why would I cut them off so they can\u2019t sue me? So, they have to sue me.<br \/>\n14:25<br \/>\nWhat I would like to do instead of telling, telling them, don\u2019t contact me, is, I would say, Please contact me by mail only.<br \/>\n14:32<br \/>\nDon\u2019t call me.<br \/>\n14:35<br \/>\nSo, you know, she\u2019s, she\u2019s giving her, you know, notice here, and all this stuff. I\u2019m going to share mine with you, but this is what she did.<br \/>\n14:42<br \/>\nAnd then she says, have a nice day. side of that was putting. All right, so it come down here.<br \/>\n14:45<br \/>\nHere\u2019s her mailing stuff, and so this is sufficient. I came in no matter how you write this letter. You can basically write this letter back and give a copy of their letter for reference and say, hey, I got your letter.<br \/>\n14:56<br \/>\nI\u2019m disputing the debt you\u2019re claiming. And I\u2019m requesting validation within 30 days or five days or whatever the, whatever you wanna tell them, it doesn\u2019t matter, that is enough.<br \/>\n15:05<br \/>\nAlright, well, they write back, they usually write back and they have a formula And so, that says, hey, yeah, we verified it.<br \/>\n15:11<br \/>\nThat\u2019s it, I mean, just saying, they verified it. They might give you some copies of documents, OK?<br \/>\n15:16<br \/>\nNow, the documents they give you, even if they give you a copy of a credit agreement, with the signature on there.<br \/>\n15:23<br \/>\nThis is not evidence of an agreement, OK?<br \/>\n15:28<br \/>\nIt\u2019s just a document.<br \/>\n15:30<br \/>\nAll right.<br \/>\n15:30<br \/>\nSomeone has to be a witness to authenticate the document, but it\u2019s enough to send it back in response to your request to validate.<br \/>\n15:40<br \/>\nSending back something like a copy of a billing statement, or a few. Sometimes, essentially like 500 pages, Sometimes, they send you a credit agreement with no signature, no date on it, we can pick that apart.<br \/>\n15:52<br \/>\nBut what\u2019s really important is if whether or not they\u2019re going to soon, if they do sue you, if they want to use that same document in the lawsuit, they also have to provide a witness to authenticate that document. But what they usually try to do is get you to authenticate it by default, because you don\u2019t know how to defend yourself. That\u2019s usually what happens.<br \/>\n16:09<br \/>\nAnd that\u2019s why I like to strip your cash flow, and equity, so that if these guys win, which they usually win, and they shouldn\u2019t win.<br \/>\n16:17<br \/>\nIf it was, if you had a fair proceeding, they would win about one or 2% of the time, and people would win.<br \/>\n16:24<br \/>\nMost of the time, OK, that\u2019s how it should be, but it\u2019s the other way around. They win most of the time, even if you\u2019re right.<br \/>\n16:30<br \/>\nSo, um, they\u2019re talking about synchrony Bank as if they\u2019re the bank and if they\u2019re claiming that you owe Elvia envy, synchrony bank is out of the picture.<br \/>\n16:44<br \/>\nWhy are they referring back to it?<br \/>\n16:46<br \/>\nWell, if they\u2019re going to do that they need to establish that synchrony.<br \/>\n16:49<br \/>\nbank assigned or sold the receivable, or the right to collect to \u2026, who now has the right to collect against you.<br \/>\n16:56<br \/>\nAnd the only way that could happen, really, is if you agreed to that in the beginning, which you didn\u2019t.<br \/>\n17:01<br \/>\nThat\u2019s never been in the credit agreement.<br \/>\n17:03<br \/>\nSo, again, notice, there\u2019s no, there\u2019s no attorney who\u2019s taking responsibility, but they still have their, this is an attempt to collect the data, OK? They think this is enough to comply with the FTC PA, which it is, but there\u2019s still more obligations.<br \/>\n17:19<br \/>\nSo, again, we go through here, and this turns into, let\u2019s call it a lawsuit.<br \/>\n17:24<br \/>\nI mean, this is filed in Texas, and you can see the name of the court if it\u2019s a small claims court justice court.<br \/>\n17:31<br \/>\nAnd here we go to the plaintiff, and we got the defendant, and then they call it a citation for that claim. In other words, it\u2019s a complaint. It looks like a summons.<br \/>\n17:40<br \/>\nI don\u2019t even see the complaint here.<br \/>\n17:42<br \/>\nAll right, so let\u2019s just say this is basically a summons OK.<br \/>\n17:46<br \/>\nUm, they got the address of the plaintiff but they\u2019re using that, OK. So here\u2019s the attorney of record.<br \/>\n17:52<br \/>\nThis isn\u2019t vitally important.<br \/>\n17:55<br \/>\nThere has to be an attorney who executes or signs the complaint, otherwise it\u2019s not a valid complaints. So you will always find an attorney. Now, sometimes. You have a list of attorneys. And somewhere there don\u2019t indicate which attorneys responsible. Usually it\u2019s one attorney, sometimes is 2 or 3.<br \/>\n18:08<br \/>\nBut whoever\u2019s saying that he or she is on the case, like, had signed for the complaint, that is known as the attorney of record. And anyone, any other attorney that comes in later, is not of record without proper notice to the court. And in some cases, they have to have to ask for permission from the court to enter an appearance, OK? So, just, just be aware of that.<br \/>\n18:30<br \/>\nSo, we keep on scrolling down.<br \/>\n18:32<br \/>\nApparently, this is such a small court, that the judge himself, issued this citation which is another word for summons, OK.<br \/>\n18:40<br \/>\nSo, here\u2019s your return of service.<br \/>\n18:42<br \/>\nThis is where the process server will fill this out and file and say, Yeah, I served them on such and such a date, then the clock begins ticking. Right, so here\u2019s the actual complaint.<br \/>\n18:51<br \/>\nSo, a form that was provided by the court has been used here.<br \/>\n18:56<br \/>\nYou can get all the information from the court from this original petition.<br \/>\n19:00<br \/>\nYou got the case number the actual name of the plaintiff defendant everybodys address.<br \/>\n19:08<br \/>\nYou know, they don\u2019t put the whole account number, it\u2019s not a big deal, even if the account numbers wrong, to make a big deal about that, in my experience, it doesn\u2019t really matter. I\u2019m gonna show you what does matter, though.<br \/>\n19:17<br \/>\nAnd so, here\u2019s what they\u2019re doing.<br \/>\n19:19<br \/>\nThe plaintiff has a claim for a stated account, so this is what they do when they can\u2019t have an agreement.<br \/>\n19:24<br \/>\nThey can\u2019t provide evidence of an accredited agreement.<br \/>\n19:27<br \/>\nSo what they do is they say, it\u2019s a stated account.<br \/>\n19:31<br \/>\nSo the burden of proof is, oh, a lot lower, then.<br \/>\n19:36<br \/>\nSuing for breach of contract or money. Let, if I see for breach of contract, I have to show the contract. If I sue for money land, I have to show that I advanced funds, which these guys didn\u2019t do.<br \/>\n19:46<br \/>\nSo if I say account stated, all I have to show is, did I sent you a bill and you didn\u2019t pay?<br \/>\n19:53<br \/>\nThe fact that you disputed it overcomes.<br \/>\n19:56<br \/>\nIt shifts the burden proof back on the plaintiff.<br \/>\n19:58<br \/>\nSo when the plaintiff says account stated, then your defense is, Well, I objected when I got the bill in the mail. You still didn\u2019t prove that I owe you anything, and this is not my account.<br \/>\n20:08<br \/>\nThat\u2019s your defense to account stated.<br \/>\n20:10<br \/>\nIf you don\u2019t understand that, what will happen is, you might go to the first hearing, and they can never win on this, by the way, but what happens is, you go in there and they start talking, just talking, and it\u2019s kind of stressful. And let\u2019s say you just absolutely refuse to pay. You\u2019re gonna fight this to the end, right?<br \/>\n20:25<br \/>\nAnd so the judge says to you, Well, you had an account with synchrony, Bank, right?<br \/>\n20:30<br \/>\nYou\u2019re an honest person.<br \/>\n20:31<br \/>\nYou go, Well, yeah, and and it\u2019s over that, and you lost. You just lost the case because you\u2019ve just admitted to a stated account.<br \/>\n20:39<br \/>\nSo instead of the plaintiff meeting its burden of proof, you alleviated the plaintiff meeting its burden of proof by admitting a fact that the judge is now using to presume that you owe.<br \/>\n20:51<br \/>\nAnd everything that follows is just to show, you\u2019re going to lose the case on what\u2019s called summary judgement. It\u2019ll never make it to trial, just because you were talking.<br \/>\n21:00<br \/>\nI\u2019m gonna show you how to do this.<br \/>\n21:02<br \/>\nOpen account is the other count.<br \/>\n21:05<br \/>\nSo you have a two count complaint, because if one does not succeed, the other will open account.<br \/>\n21:09<br \/>\nAgain, same burden of proof, as stated account, I\u2019m not going to get into all the detail. I mean, if you look at my written printed material, I have a case on this, and you can look it up on the Internet, but the criteria for proving these two are almost nothing, OK.<br \/>\n21:25<br \/>\nAnd it\u2019s going to give a little story.<br \/>\n21:27<br \/>\nThe claim arises from a credit account with with synchrony Bank, thank you for saying that, because they\u2019re gonna have to prove that now.<br \/>\n21:36<br \/>\nAll right?<br \/>\n21:37<br \/>\nThe account isn\u2019t default, You gotta prove that.<br \/>\n21:40<br \/>\nNow, you gotta have a contract shows default.<br \/>\n21:44<br \/>\nNow, like I was just saying about a stated account, or account stated, in order for a state account to survive, um, there has to be an underlying debt, they have to come up with something that gave rise to a stated account.<br \/>\n22:00<br \/>\nA state account means, I sent him a bill, and he didn\u2019t pay, OK? They\u2019re saying, and the complaint here, which, really, this is the complaint, this little box here.<br \/>\n22:10<br \/>\nThis came from a credit account, or the debt collector.<br \/>\n22:13<br \/>\nThe original was the credit account, which is now in default, so, they\u2019re going to have to show a contract where the terms establish when default occurred.<br \/>\n22:24<br \/>\nThis is going to be in your advantage, OK? That\u2019s why I\u2019m saying. If you had a fair proceeding, they\u2019re never gonna win here.<br \/>\n22:31<br \/>\nSo they wanna go and they get their money and default damage and stuff like that, OK?<br \/>\n22:37<br \/>\nSo they\u2019re saying that synchrony bank assign the key assign this debt collection of two.<br \/>\n22:46<br \/>\nSomebody didn\u2019t even indicate where in May, OK?<br \/>\n22:51<br \/>\nAbout, What, seven months before the case started.<br \/>\n22:54<br \/>\nThat was this The synchrony Bank assign the account to Scott and Associates. I think it did. In fact, I think Scott and Associates owns air-b.n.b..<br \/>\n23:04<br \/>\nAnd I think Elvia Envy has no interest in the collection.<br \/>\n23:09<br \/>\nIn fact, I think the law firm itself either assuming there was a valid account, acquired the receivable in its own name and is suing in the name of a debt collector to give legitimacy to make it look legitimate.<br \/>\n23:24<br \/>\nBecause it cannot sue in its own name because then the attorneys for the plaintiff would have an interest in the case, and they\u2019re not allowed to do that.<br \/>\n23:33<br \/>\nSo what I\u2019ve found over the years is if I challenge the attorneys as having an interest in the case and the plaintiff not having the interest alleged, they ignore it.<br \/>\n23:44<br \/>\nBut if instead, I sue the law firm, and the individual attorneys, and the debt collector, Each has defendants\u2019 like 4 or 5 defendants in US district Court federal court.<br \/>\n23:55<br \/>\nThey will come to the table quickly and offer to pay me a thousand dollars and withdraw the state case.<br \/>\n24:00<br \/>\nBecause they know that discovery and Fed Court is going to reveal the fact that their \u2026 claim is fraudulent that the LV envy has no interest in the case, or it can\u2019t prove that, it has an interest in the case.<br \/>\n24:14<br \/>\nNow, I\u2019m telling you the technical aspects of this proceeding.<br \/>\n24:17<br \/>\nThis is not how you manage risk, but I want you to break this down and look at it in a logical way.<br \/>\n24:24<br \/>\nSo, you can see where all the weaknesses are, and you can choose how to do this.<br \/>\n24:30<br \/>\nSo, I\u2019m gonna keep on scrolling.<br \/>\n24:34<br \/>\nLet\u2019s see. Yeah, so, luckily they filed somewhere in April, right? The case got filed. Now, here\u2019s their evidence, notice how there\u2019s no credit agreement.<br \/>\n24:42<br \/>\nI mean, if I look through, there\u2019s no credit agreement.<br \/>\n24:46<br \/>\nWhat was assigned?<br \/>\n24:48<br \/>\nIt doesn\u2019t say what was assigned. So, let\u2019s say, OK, here we got a Bill of sale, now you should have a bill of sale. A creditor can sell the receivable. So, synchrony Bank can sell to Elvia envy. No problem. Let\u2019s look at this.<br \/>\n25:01<br \/>\nIt says Sherman SCA SPLC C and PSC Seat CAD Bulk dash May 2020.<br \/>\n25:09<br \/>\nThere\u2019s a bill of sale for value received.<br \/>\n25:13<br \/>\nLet\u2019s see.<br \/>\n25:16<br \/>\nThe, let\u2019s say it\u2019s called Forward Flow Accounts purchase agreement.<br \/>\n25:21<br \/>\nWhat is that?<br \/>\n25:22<br \/>\nWhat are all these parties, Sherman, or these company names, forward flow accounts receivable, agreement, purchase agreement, Sherman, PLCs, what does all that? Where\u2019s LV envy in this mix?<br \/>\n25:33<br \/>\nThe agreement would agreement I don\u2019t see it here anywhere. Whereas this Forward flow accounts purchase agreement.<br \/>\n25:40<br \/>\nThat doesn\u2019t sound like a consumer credit agreement with synchrony Bank.<br \/>\n25:43<br \/>\nThat agreement has to be assigned to the plainer.<br \/>\n25:47<br \/>\nIt\u2019s dated the 20th day of May, where between synchrony, bank used to be known as GE capital, used to be known as RFS holding fine.<br \/>\n25:59<br \/>\nSynchrony, bank funding, synchrony, card funding, LLC.<br \/>\n26:03<br \/>\nFine. It has all these other names, that\u2019s fine.<br \/>\n26:07<br \/>\nAnd Retail Finance, Credit Services, LLC, so it had all these other names and then the assignee, OK.<br \/>\n26:13<br \/>\nThat let\u2019s say synchrony Bank with all these DBAs, is going to assign the credit receivable to Sherman, originator, three, LLC, the buyer yet we have yet a new third party. It has never been named before.<br \/>\n26:29<br \/>\nYou see how wonky this is?<br \/>\n26:32<br \/>\nThese guys don\u2019t have any standing at all.<br \/>\n26:34<br \/>\nSo let\u2019s say synchrony bank assigned a contractor. Sherman Sherman\u2019s not suing anyone. Where, Sherman, I don\u2019t know where\u2019s the contract. They called it Forward Flow Accounts, purchase Agreement. Where\u2019s that? Not here. Where\u2019s the Consumer Credit Agreement between synchrony, Bank and Elvia Z B. I don\u2019t see it.<br \/>\n26:50<br \/>\nHereby assigns Transfer cells, conveys grants whatever\u2019s to the buyer as successors and assigns without recourse except this for set forth in the agreement.<br \/>\n27:01<br \/>\nDelivered.<br \/>\n27:04<br \/>\nAs described it in the agreement, or the agreement is not here, but let\u2019s see. Who\u2019s executing this so-called agreement, this bill of Sale. Look who\u2019s executing it.<br \/>\n27:13<br \/>\nYou\u2019ve got Lynn Fisher, who\u2019s the Senior Vice President Recovery Operations for synchrony Bank, OK? And look at the date, May 29th, 2020.<br \/>\n27:26<br \/>\nI\u2019m the same date.<br \/>\n27:30<br \/>\nThe same individual, Lynn Fisher, is the duly authorized signatory, for yet a whole new company, RFS holding LLC.<br \/>\n27:39<br \/>\nDoes that person Lynn Fisher have to salaries to job titles to careers?<br \/>\n27:44<br \/>\nLet\u2019s go on.<br \/>\n27:45<br \/>\nNow, we have yet another party who\u2019s involved here. It\u2019s a party, isn\u2019t it?<br \/>\n27:49<br \/>\nSynchrony, card funding, LLC.<br \/>\n27:51<br \/>\nAgain, here\u2019s Lynn Fisher oh, also the duly authorized signatory yet on the same day is this three job titles for three different companies.<br \/>\n28:03<br \/>\nThis person has three careers.<br \/>\n28:05<br \/>\nNow, let\u2019s scroll down further, and we got yet another party, Retail Finance Credit Services, Lynn Fisher, on the same day May 29, 2020, vice president, for job titles for four different organizations on the same day, executing a bill a sale.<br \/>\n28:22<br \/>\nBetween this hodgepodge of list of companies, and who knows what.<br \/>\n28:28<br \/>\nThis is fod.<br \/>\n28:30<br \/>\nThis if you if you did a transaction that looks like this, regarding a something that would be subject to disclosure and taxation with the IRS, they would accuse you of fraud, OK?<br \/>\n28:40<br \/>\nDepending on how you came out of it, right?<br \/>\n28:43<br \/>\nIf, if normally you would have to pay a lot of taxes and you didn\u2019t, virus would audit you and say That\u2019s fraud, because you made it complicated.<br \/>\n28:50<br \/>\nThis is not even This is beyond complicated. This is just doesn\u2019t even tell a story. It doesn\u2019t make any sense. Here, We have a transfer an assignment. Apparently, this is another agreement. And yet May, 29th, 2020, we got some more people involved here.<br \/>\n29:04<br \/>\nTransfer an assignment, Sherman original, three LLC, without recourse, is gonna do what assign to, let\u2019s see, who else receivables.<br \/>\n29:15<br \/>\nOh, look at this, dated the day before May 28th, delivered by the bank, purchased by this company.<br \/>\n29:25<br \/>\nAnd he\u2019s gonna assign it, \u2026, LLC is going to assign it to yet another company. Here we go, LV NV.<br \/>\n29:31<br \/>\nSo, we have all these intermediaries, one person signing for all of them Eventually, LVAD gets the account.<br \/>\n29:39<br \/>\nWhat does Elvia envy getting?<br \/>\n29:42<br \/>\nIt\u2019s getting a spreadsheet.<br \/>\n29:45<br \/>\nI\u2019m gonna show you it is not getting a receivable.<br \/>\n29:48<br \/>\nIt\u2019s getting a phone number, It\u2019s getting an address and a name that\u2019s it All right?<br \/>\n29:57<br \/>\nSo Now we have Sherman originator the third or Number three LLC a Delaware company.<br \/>\n30:04<br \/>\nI\u2019m going to scroll back just a second here Sherman let\u2019s see, Sherman, originator, III. where is that?<br \/>\n30:13<br \/>\nI don\u2019t see it here.<br \/>\n30:14<br \/>\nSo how did Scherman originator get to assign it two LV and V how did Sherman originator get it? Is it up here Yeah, OK, Sherman, originator, three LLC?<br \/>\n30:29<br \/>\nGot the account from these other conglomerate of whatever.<br \/>\n30:37<br \/>\nAll these signatures, I don\u2019t know even involve, uh, Sherman originated three. You\u2019d have to write a flowchart to figure this out.<br \/>\n30:49<br \/>\nBut, anyways, you can see what I\u2019m talking about. It\u2019s so convoluted. It\u2019s just fraud.<br \/>\n30:55<br \/>\nSo its claims here, Elvia Envy Funding has some sort of receivable, has the rights to collect on this particular credit agreement.<br \/>\n31:03<br \/>\nAnd it\u2019s signed by a representative from Sherman Engineered three LLC.<br \/>\n31:08<br \/>\nJohn mussel, mud maza. Maazel masala.<br \/>\n31:12<br \/>\nwhatever the Director of Sherman original three LLC.<br \/>\n31:16<br \/>\nNow why didn\u2019t why didn\u2019t this John mazhar whatever sign for scherman over here?<br \/>\n31:22<br \/>\nWhere\u2019s the signature here?<br \/>\n31:25<br \/>\nAnd then he\u2019s, someone else is going to sign.<br \/>\n31:30<br \/>\nAs an authorized representative, Jackson Walker is also going to sign for Chairman. Or, what in what capacity? What is it, a witness.<br \/>\n31:40<br \/>\nThen Daniel Pichardo is an authorized representative yet. All this happened on the same day with all these people saying this stuff. Now, they didn\u2019t.<br \/>\n31:50<br \/>\nNow, someone else wrote all this up, and maybe these people signed or not, I don\u2019t know.<br \/>\n31:54<br \/>\nMaybe they put a stamp on there.<br \/>\n31:57<br \/>\nWhatever.<br \/>\n31:57<br \/>\nyou say I\u2019m talking about now, anywhere in here, do you see where any specific credit agreement that\u2019s identified?<br \/>\n32:07<br \/>\nDo you see any credit agreement identified in this bill, a sale?<br \/>\n32:10<br \/>\nThis big salt.<br \/>\n32:12<br \/>\nNo credit agreement is identified here, this being sold.<br \/>\n32:14<br \/>\nSame thing here. No transfer assignment of any credit agreement. I will see it here.<br \/>\n32:20<br \/>\nIt could be anything for all we know they could be selling a yacht here, we don\u2019t know. They could be selling the title to a yacht, OK?<br \/>\n32:26<br \/>\nSo here\u2019s what they\u2019re calling Exhibit A Receivables file. Now this is, this is cryptic.<br \/>\n32:33<br \/>\nWhat does this mean? I don\u2019t know, switch a letters and stuff probably a filename.<br \/>\n32:36<br \/>\nWho cares portfolio number? What does that mean? I don\u2019t know.<br \/>\n32:40<br \/>\nWhat does transfer it mean, I don\u2019t know, it\u2019s lingo from inside the company.<br \/>\n32:43<br \/>\nWhoa, I gotta turn my head sideways here.<br \/>\n32:46<br \/>\nSo there\u2019s a bunch of redacted information here, a bunch of useless nothingness of nothing.<br \/>\n32:53<br \/>\nAnd there\u2019s the defendant\u2019s name.<br \/>\n32:57<br \/>\nWhat what? What does that?<br \/>\n33:00<br \/>\nYou sell ludicrous this\u2019s? So anyways, here\u2019s the finance name address, all this stuff, right?<br \/>\n33:06<br \/>\nThat\u2019s it.<br \/>\n33:07<br \/>\nThere is nothing here that establishes a credit agreement terms.<br \/>\n33:10<br \/>\nTerms of default identifies any risk or loan that was ever made.<br \/>\n33:15<br \/>\nThe date of an agreement, a credit agreement, there\u2019s nothing here, but that\u2019s the complaint.<br \/>\n33:21<br \/>\nSo what the heck are we going to do?<br \/>\n33:23<br \/>\nWell, I\u2019m gonna, I\u2019m gonna take us back just a little bit, and I\u2019m gonna replace this person\u2019s response to the original debt collection. Notice like that she got over here. So you got, you got this notice, and then she sent, this letter back, I\u2019m gonna replace that with this letter here.<br \/>\n33:38<br \/>\nLet\u2019s switch over here, This is what I would suggest. now there\u2019s an explanation here.<br \/>\n33:45<br \/>\nThus, this letter is my general way of responding to a debt collector, it\u2019s for debt collectors, not creditors, and I have instruction here.<br \/>\n33:54<br \/>\nYou can see it, can pause the video and see it.<br \/>\n33:59<br \/>\nI\u2019m gonna go down here, I skip a page.<br \/>\n34:02<br \/>\nHere\u2019s how I started out.<br \/>\n34:04<br \/>\nNow, not only am I going to request a validation and dispute it, I\u2019m going to accuse them of identity theft.<br \/>\n34:10<br \/>\nThe reason why I\u2019m going to do that is because not only can they establish that I had a debt with any of those individuals, even the bank.<br \/>\n34:19<br \/>\nIn order for them to even claim that I even exist and spell my name, or I didn\u2019t have my name associated with the correct address that I received in the mail.<br \/>\n34:26<br \/>\nThey would have to have stolen my identifying information without my permission, stolen means they acquired it without my permission, and that\u2019s very easily done.<br \/>\n34:33<br \/>\nI mean, you could pick anybody, pick your neighbor, and go on the Internet, and go to Intel is, or, when you call it, my life dot com, and you can Google basically Google somebody\u2019s name, or we call it white pages dot com. And you can collect all kinds of data. And sometimes, you have to pay a few dollars to get it.<br \/>\n34:49<br \/>\nAnd you can build a profile on somebody. And then you can put that information, name, address, whatever.<br \/>\n34:55<br \/>\nAnd put that into these sets of documents and print them with software, and create a whole lawsuit on somebody.<br \/>\n35:00<br \/>\nSo if that\u2019s the case, why don\u2019t I accuse them of identity theft Because they won\u2019t be able to defend themselves because it does look like it like identity theft, Totally.<br \/>\n35:10<br \/>\nSo let\u2019s just say, I\u2019m gonna, I\u2019m gonna just tell him that the account identified in the notice is not my account.<br \/>\n35:17<br \/>\nI\u2019m not going to give them anything. I\u2019m gonna make them meet the burden of proof. You are coming. They\u2019re saying it\u2019s my account. OK, prove it, I\u2019m not gonna admit to that.<br \/>\n35:24<br \/>\nI\u2019ve never received any credit services. Of course, Elvia \u2026 does not provide credit services.<br \/>\n35:30<br \/>\nTherefore, that\u2019s how I know, I never, I never went to air-b.n.b.. I never haven\u2019t had an agreement with air-b.n.b..<br \/>\n35:35<br \/>\nThey can claim to have been assigned a credit agreement from a bank that they claim I had an account with, but I\u2019m gonna tell you right now, I never had that account.<br \/>\n35:45<br \/>\nThat doesn\u2019t mean I\u2019m lying. That means you have to prove that I did, and I\u2019m not going to help you. I\u2019m not required to help you.<br \/>\n35:52<br \/>\nSo, you got this information without my permission. So, here\u2019s what I\u2019m going to do. I\u2019m going to dispute what you\u2019re claiming.<br \/>\n35:57<br \/>\nAnd I\u2019m going to demand a validation and I\u2019m not refusing to pay because I pay all my debts, my parents told me to do that.<br \/>\n36:04<br \/>\nAnd I always do that, I\u2019d like to keep my word, OK, Any information you have about me is incorrect, and I\u2019m not going to pay you unless you can prove that I owe you.<br \/>\n36:13<br \/>\nProvide me a copy of the credit agreement, the underlying debt, You gotta do that in every case, if it\u2019s a debt collector, and you can also do this with creditors.<br \/>\n36:21<br \/>\nSo with creditors you need to modify this letter just a little bit.<br \/>\n36:25<br \/>\nAnd creditors are not subject to the Fair Debt Collection Practices Act.<br \/>\n36:29<br \/>\nTheir attorneys are the law firm connected to It is.<br \/>\n36:33<br \/>\nSo just remember that.<br \/>\n36:34<br \/>\nLook up here, this is for the person\u2019s name, now, if they spell your name incorrectly, leave it like it has never correct them on the spelling of your name.<br \/>\n36:43<br \/>\nOver here the debt collector is going to be \u2026, it cannot be synchrony bank. If if the debt collector, if you get a letter from citibank\u2019s attorney, You can\u2019t really send this as a debt collection response, you have to kind of modify this letter.<br \/>\n36:55<br \/>\nSo, But the attorney is fair game, and every attorney, if there\u2019s like three attorneys involved, they\u2019re fair game. OK, they\u2019re subject to penalties under the Fair Debt Collection Practices Act.<br \/>\n37:06<br \/>\nLaw firms, also, the law firm has a debt collector, each attorneys a debt collector, the debt collector is a debt collector.<br \/>\n37:14<br \/>\nThe creditor is not a debt collector.<br \/>\n37:17<br \/>\nYou can still ask for a copy of the contract, though.<br \/>\n37:21<br \/>\nBut, when it comes to debt collectors, it\u2019s more difficult, because, not only do they have to have the credit agreement, they have to show how that specific credit agreement was acquired by the debt collector.<br \/>\n37:30<br \/>\nThey can\u2019t, I\u2019ve never in 30 years seen this, So ask them for it.<br \/>\n37:34<br \/>\nAnd I want a copy of the assignment, right?<br \/>\n37:37<br \/>\nGiving you the right to contact me, first of all. How did you even get the right to call me or contact me? Who do you think you are?<br \/>\n37:43<br \/>\nThen use my identifying information. Hey, by the way, how are you using my identifying information, my name, my address, my thought, what other information do you have? Do you have my financial information? My source code number, I didn\u2019t give that to you.<br \/>\n37:53<br \/>\nWhat contract authorize this? When did I give you a permissible purpose to report on my credit, or even contact me?<br \/>\n38:02<br \/>\nUm, and by the way, what is your data retention policy now that you have my data?<br \/>\n38:09<br \/>\nWhat is your liability to me if you suffer a data breach? It\u2019s not my fault.<br \/>\n38:14<br \/>\nWhat kind of security measures do you have in place? It\u2019s a big problem, isn\u2019t it? You know, just a brief side story here, just to give you an idea of how this works.<br \/>\n38:24<br \/>\nI went to I have a carpenter I\u2019ve had for like 10, 10 or 12 years and um, he recently switched offices. Now, chiropractors have medical data, right. And they have legal duties under the data retention policies and privacy, restrictions and all this stuff, the HIPAA laws and all this. All right.<br \/>\n38:41<br \/>\nSo, my, my chiropractor has all my medical data and he merged with another law. Not ops, but a chiropractic office, so.<br \/>\n38:50<br \/>\nHe now becomes a employee of other chiropractor\u2019s, so now there\u2019s a corporation in which chiropractors are employed, including my chiropractor, who wasn\u2019t an employee before. And now he\u2019s their employee. But we still have a professional patient, doctor relationship.<br \/>\n39:10<br \/>\nSo when I came in there for the first visit at the new office, the people at the, you know, the reception desk asked me to fill out a new HIPAA disclosure, which the first time I never, I never thought of the HIPAA disclosure because I\u2019m not waving anything.<br \/>\n39:22<br \/>\nThey already have a legal duty.<br \/>\n39:23<br \/>\nI don\u2019t have to sign an agreement, giving them a legal duty, They already have a legal duty with respect to my medical records.<br \/>\n39:28<br \/>\nSo, I told the chiropractor or the receptionist that I didn\u2019t want to disclose or create a new association or doctor patient disclosure obligation with the new chiropractic office. But here\u2019s what I explained.<br \/>\n39:42<br \/>\nMy chiropractor is not a corporation of Chiropractor\u2019s, my chiropractor is a professional, chiropractor individually, and he and I have a relationship.<br \/>\n39:51<br \/>\nI do not have a relationship, nor am I required to have a relationship with a corporation. And corporations cannot practice medicine, or engage in this type of professional relationship. It\u2019s a money manager, not a professional, and I\u2019m not required to disclose it.<br \/>\n40:06<br \/>\nAnd she was the woman was kind of hesitant, and she was starting to get insistent until I said, do you really want to incur the responsibility of maintaining my medical records when my chiropractor\u2019s already taken on that responsibility? Why do you want to take it on?<br \/>\n40:26<br \/>\nAnd she said, You know, we really don\u2019t need to do that, it\u2019s OK.<br \/>\n40:29<br \/>\nSo, it\u2019s really important, yore, personal data, and I will tell you what that is.<br \/>\n40:32<br \/>\nIt\u2019s your name, the name associated with your address, whether it\u2019s your mailing address, PO Box, or home address, your tax information, your SSN, your date of birth, all this stuff, your driver\u2019s license information, photocopies, biometric data, all this stuff is important information. You see how it\u2019s really important, and they see when you, when you start talking this language a little bit It really dawns on them. So what I wanna do is take that liability, and I\u2019m gonna put it right on the head of the idiot, who sent me a debt collection letter, like this, and that\u2019s why I write this letter. It\u2019s a request for validation, but it\u2019s got more stuff in there.<br \/>\n41:08<br \/>\nI\u2019m gonna, I\u2019m going to license to them.<br \/>\n41:11<br \/>\nI\u2019m going to impose restrictions on the use of my data.<br \/>\n41:15<br \/>\nMy identifying information includes, I\u2019m telling them my tax records, voice recording, everything, like when I call you, if I call you, and you record my voice, then that\u2019s a license agreement for which you owe me.<br \/>\n41:25<br \/>\nAnd I didn\u2019t tell you how much you owe me yet, I\u2019m just saying, I own the rights to all that data, OK, all my data.<br \/>\n41:32<br \/>\nAnd if you continue using it, you agree to these terms.<br \/>\n41:35<br \/>\nAnd please be advised, you\u2019re liable.<br \/>\n41:38<br \/>\nAnd then I sign it.<br \/>\n41:41<br \/>\nThat\u2019s the kind of letter I like to send back.<br \/>\n41:44<br \/>\nAll right.<br \/>\n41:44<br \/>\nSo, let me just get through here.<br \/>\n41:47<br \/>\nSo, it, it turns out we\u2019re in court.<br \/>\n41:51<br \/>\nI could probably make some more parts are this, this is the very beginning part. So, let\u2019s say, Now, we\u2019re at this at the stage where it\u2019s in court and we have like, it says here in the summons in the citation. It says, We have 14 days.<br \/>\n42:02<br \/>\nI think, it looks like, she was servers, I don\u2019t know when she was server, but, it was issued on the 19th but maybe she was served like on the 25th. Sometimes it takes a month to serve the process meaning the summons to be delivered, right?<br \/>\n42:15<br \/>\nSo I don\u2019t know, this is a pretty new case.<br \/>\n42:18<br \/>\nSo, we\u2019re going to look at this complaint now.<br \/>\n42:20<br \/>\nThis is really, I mean, this is a complaint, normally a lawsuit. It\u2019s going to have like, page, after page after page, and all the lines are numbered, and this is what you get in a small claims case, You get like these little boxes with little notations in there, OK. And that\u2019s what constitutes a lawsuit these days, So fine. Fine.<br \/>\n42:36<br \/>\nSo that\u2019s I\u2019m saying look how small the burden of proof is alright, fine. So let\u2019s let\u2019s respond I\u2019m gonna show you how we do this. So switch over here.<br \/>\n42:43<br \/>\nThis is something I obviously prepared before this, because it takes a little while to do this So this is a very generic response, But it makes some very subtle and important arguments.<br \/>\n42:54<br \/>\nWhen I respond to a debt collection lawsuit with a debt collector, I usually don\u2019t answer it. I usually ask for dismissal and the reason why I do it is a dismissal admits all the allegations that are properly pled in the complaint.<br \/>\n43:11<br \/>\nBut, then, it says: Yeah, that\u2019s all true, but I don\u2019t owe you any money, you don\u2019t have the right to sue me. That\u2019s what a motion to dismiss is all about, and so, you have to tell the court why?<br \/>\n43:22<br \/>\nAnd, so, I\u2019m saying, Look, if I admit everything in the complaint, let\u2019s just say I admit all the allegations, assuming all the allegations are true, the exhibits, OK, now I sit here, the exhibits attached to the complaint are exhibits on which the complaint is based that these exhibits conflict with the pleading.<br \/>\n43:43<br \/>\nNow, I\u2019ve had, I\u2019ve seen cases where the exhibits include, what looks to be a signed copy of the credit agreement, which is not self authenticating by the way, they can\u2019t use it as evidence itself. They have to still bring in a witness, and your signature can never really be authenticated except by anyone except yourself or a handwriting expert, which they\u2019ll never bring in. So, it\u2019s really kind of a meaningless piece of paper.<br \/>\n44:05<br \/>\nThey need your help to establish the contract.<br \/>\n44:08<br \/>\nSo what I say is, hey, they did bring in exhibits, but the exhibits tell a different story, They conflict with the pleating, here\u2019s why, specifically, the defendant, or any of her credit accounts are identified, none of the herk, none of her credit accounts, nor is the defendant identified in any of these exhibits.<br \/>\n44:32<br \/>\nThink about this for a second.<br \/>\n44:35<br \/>\nThe exhibits are supposed to support the complaint, right, where in here does it mention the defendant by name, address nothing?<br \/>\n44:44<br \/>\nWhere is, are there any credit terms? Where is there an assignment?<br \/>\n44:47<br \/>\nIf anything is not here, OK, so we do have a page that has the defendant\u2019s name, but again, it\u2019s what is it? It\u2019s nothing. It\u2019s not even titled, it\u2019s just, it looks like garbage, OK? There\u2019s nothing here.<br \/>\n45:02<br \/>\nAll right.<br \/>\n45:05<br \/>\nLet me just do one thing here real quick.<br \/>\n45:07<br \/>\nAll right. I\u2019m going to come out of here for just a second.<br \/>\n45:10<br \/>\nOK, so, sorry about that. All right.<br \/>\n45:13<br \/>\nSo, let\u2019s go back to the motion to dismiss.<br \/>\n45:17<br \/>\nNowhere in there does any exhibit support, what\u2019s alleging the complaint.<br \/>\n45:27<br \/>\nMe, Go back to the, Sorry about that.<br \/>\n45:35<br \/>\nLook in the Uh.<br \/>\n45:39<br \/>\nLook what\u2019s in the complaint.<br \/>\n45:41<br \/>\nAll this here.<br \/>\n45:43<br \/>\nHad an account with Synchrony Bank. What\u2019s the account number? Let\u2019s just say That\u2019s the account number. That\u2019s not even identified anywhere.<br \/>\n45:50<br \/>\nWhere did synchrony bank assign the debt to air-b.n.b. and what debt was assigned? There\u2019s no contract. There are no credit terms identified anywhere.<br \/>\n45:59<br \/>\nLook, where are the credit terms?<br \/>\n46:04<br \/>\nWho are these guys? I don\u2019t know.<br \/>\n46:08<br \/>\nYou get the idea. So, we come back to.<br \/>\n46:12<br \/>\nLet me make sure I put this in the I\u2019m going to do that. I\u2019m going to change the share screen here for a second. Make sure I get all this in there.<br \/>\n46:26<br \/>\nOK?<br \/>\n46:37<br \/>\nNow.<br \/>\n46:39<br \/>\nOpenness.<br \/>\n46:42<br \/>\nShare screen.<br \/>\n46:47<br \/>\nOK, sorry about that delay in there.<br \/>\n46:50<br \/>\nAll right, cool.<br \/>\n46:51<br \/>\nSo you see how I see the reason for this? I\u2019m not just some mad person making stuff up. So here\u2019s my legal memorandum, which is really not.<br \/>\n47:00<br \/>\nI mean, I didn\u2019t cite anything some states of it\u2019s easy to find a legal citation that says that the exhibits, if the exhibit\u2019s conflict with the pleating, then the court lacks jurisdiction or doesn\u2019t have the authority to hear the case because there\u2019s conflicting allegations. An exhibit is an allegation in exhibit is part of the complaint, OK.<br \/>\n47:20<br \/>\nSo if the exhibit is a copy of a, something like here and the complaint alleges a credit agreement and says, as demonstrated by the exhibits, and then you go to the exhibits and there\u2019s no credit agreement why.<br \/>\n47:32<br \/>\nYou see the exhibit\u2019s conflict with the complaint, right, or exhibits conflict with the allegations in the complaint.<br \/>\n47:39<br \/>\nSo the care, furthermore, none of the exhibits represent instruments that have ever been executed by the defendant, nor even contemplated by the defendant, which is a requirement.<br \/>\n47:50<br \/>\nSee, they have to say or be able to allege that they sent you the credit agreement and the demand for payment. They can\u2019t even exhibit the credit agreement.<br \/>\n48:00<br \/>\nSo you want to say that you\u2019ve never heard about this case until you were sued.<br \/>\n48:05<br \/>\nI don\u2019t care if they sent your stuff last week.<br \/>\n48:07<br \/>\nYou still want to say, I didn\u2019t get that. I don\u2019t know what that is.<br \/>\n48:11<br \/>\nMake, improve it, keep the burden of proof where it began with the plaintiff.<br \/>\n48:16<br \/>\nAll right, now that\u2019s why I say here none of these exhibits have been served upon the defendant now. In this case it probably wasn\u2019t.<br \/>\n48:23<br \/>\nAnd the defendant or the plaintiff, let\u2019s say, the plaintiff has failed to notice the defendant.<br \/>\n48:28<br \/>\nYeah, so anyways, so the legal memorandum can cite rules of civil procedure. I can cite case law, you can get some complicated things.<br \/>\n48:35<br \/>\nI just wanna give you guys a general idea of what you\u2019re legal argument can be, OK, this is your factual argument.<br \/>\n48:43<br \/>\nYour legal argument says the rules require, or the pleating requirements are, and you might have some case law that says what the pleating requirements are, and the case law will cite the rule. So, it\u2019s going to be something like that.<br \/>\n48:58<br \/>\nDon\u2019t stress over it, you don\u2019t need that.<br \/>\n49:00<br \/>\nI mean, it\u2019s kinda nice to have it, but you can use something here, and you can make a legal argument by asking a question or making an analogy. That\u2019s a really good way to make a legal argument.<br \/>\n49:11<br \/>\nLike, for example, instead of all this stuff here, or instead of citing some cases or rules, I could say something like, if the plaintiff is permitted to advance this case, then why couldn\u2019t I replace my name with anybody\u2019s name? I wanted to do the same thing, these attorneys are doing?<br \/>\n49:32<br \/>\nWhat would prevent me from doing that?<br \/>\n49:35<br \/>\nI could do that see, and that\u2019s, that\u2019s a legal argument.<br \/>\n49:39<br \/>\nSo the complaint fails to include the exhibits that have been alleged.<br \/>\n49:44<br \/>\nAnd so I\u2019m verifying that I\u2019m saying everything as best as I can I\u2019m not trying to just cost you guys money, and I\u2019m asking for dismissal.<br \/>\n49:54<br \/>\nSo, we come down here, and I\u2019d like to give the judge an order to sign. This is what I would do.<br \/>\n49:59<br \/>\nAnd this judge has to copy everybody. So, I put everybody\u2019s name and address here. Again, this is the attorney of record.<br \/>\n50:07<br \/>\nAnd we also have to put a certificate of Service, we have to certify that the manner in which it was mailed back, we have to send this back. once it\u2019s signed. Now, we have to sign this.<br \/>\n50:18<br \/>\nWe have to put the date.<br \/>\n50:20<br \/>\nAnne leave this all blank, of course, for the judge.<br \/>\n50:25<br \/>\nAnd we have to put the date that this is mailed. It should be within three days of the actual postmark date.<br \/>\n50:30<br \/>\nSo for example, if I date this for the Friday and then I don\u2019t drop it in the mail until Monday, it\u2019s OK.<br \/>\n50:36<br \/>\nIf it\u2019s a week later, I probably have false certification, Don\u2019t do that.<br \/>\n50:41<br \/>\nMake sure that you put the attorney of records and name and his address that he wants, he\u2019s entitled to have whatever address he wants.<br \/>\n50:48<br \/>\nAnd then down here where it says buy, you have to put your initials.<br \/>\n50:51<br \/>\nNow, you can have your Uncle Bob do this. It doesn\u2019t have to be the defendant, anybody can do this, OK?<br \/>\n50:57<br \/>\nBut it has to be real person, and then just initial here.<br \/>\n51:01<br \/>\nSo, send this to the attorney of record and send a copy or the original, doesn\u2019t matter to the clerk of the court at this address or the address indicated on the complainer summits.<br \/>\n51:13<br \/>\nAnd you can sometimes, in some cases, I sent to the judge. Now, if it looks like the clerk is doing some funny business, then maybe delaying your filing of this response. So it makes it look like you default or something like that.<br \/>\n51:24<br \/>\nYou may want to send it with proof of delivery, or some other way to show, All right. So, this is how we deal with the court.<br \/>\n51:30<br \/>\nI Wanted to wanted to analyze this on the Technical legal side So that you can see how weak this step is, how what a fraud this whole system is?<br \/>\n51:42<br \/>\nWhat I prefer to do is look at the person who\u2019s the debtor, OK?<br \/>\n51:50<br \/>\nThe like in this case, the defendant, I look at that person\u2019s ability to spend money and sell property.<br \/>\n51:57<br \/>\nSo what does that person have wages and what state is that person in this person\u2019s state? This person happens to be in Texas.<br \/>\n52:07<br \/>\nSo Texas I know prevents wages from Ben garnished. So if you have W two wages that\u2019s not a risk. You cannot have a wage garnishment in Texas for this type of debt. You can for alimony and taxes and things like that but not for an unsecured debt collection. Credit agreement, unsecured debt, OK?<br \/>\n52:25<br \/>\nThe other risks that she would have would be her ability to spend money from a bank account, so a personal bank account, or if she has 100% interest in a corporate business, sole proprietorship type account, or even an S corp, then that those funds would be subject to levy if the plaintiff prevailed here.<br \/>\n52:44<br \/>\nSo, I always act as if the plaintiff already one, even though I\u2019m not going to just give them the case, I\u2019m gonna go ahead and fight it. If the judge denies my motion, I\u2019m going to file an answer. And I\u2019m going to deny everything in the complaint. And then I\u2019m gonna take my legal memorandum, my argument here, that I made in the motion to dismiss. And I\u2019m gonna bring that in as an affirmative defense, and the answer. And I\u2019m not going to talk about that right now. But I\u2019m just saying, this defense doesn\u2019t go away. This argument doesn\u2019t go away.<br \/>\n53:09<br \/>\nI\u2019m going to make a list, in addition to the technical aspects of responding, forcing the burden of proof to stay where it began. I\u2019m going to make sure that if they, if they did when they wouldn\u2019t be able to levy my bank accounts, my wages.<br \/>\n53:27<br \/>\nOr encumber, any interest I would have in real estate. So if my name is on the house, on the title to the house that I own that I live in or a real estate investment or something. If my name is on the title as it appears on public records, I\u2019m probably gonna want to take my name off.<br \/>\n53:42<br \/>\nOr, I\u2019m going to encumber the equity, which is in other videos.<br \/>\n53:46<br \/>\nYou can do it up until the day a judgement lena\u2019s recorded against your name.<br \/>\n53:54<br \/>\nYou want to do it as early as possible, preferably before you\u2019re sued because technically the moment you get a demand for money that you owe, if you start conveying property technically it\u2019s a fraudulent conveyance.<br \/>\n54:07<br \/>\nThat\u2019s not a crime, it\u2019s just a civil matter, and really it\u2019s not let\u2019s call it actionable, because if it\u2019s truly a fraudulent conveyance, the conveyance does not defeat the claim.<br \/>\n54:20<br \/>\nSo like for example, let\u2019s say I owed money to the IRS, and the IRS put a lien on me.<br \/>\n54:25<br \/>\nAnd I went sold my house, and the buyer knew by the Lean, and everybody was fine with it, and he bought the House.<br \/>\n54:32<br \/>\nThe Iris cannot then come in there and say that was a fraudulent conveyance because the lien still attaches to the title of the property, no matter who holds the title.<br \/>\n54:40<br \/>\nIt\u2019s just that the buyer didn\u2019t mind and now the buyer actually owes the IRS. Nobody\u2019s going to do that, I\u2019m just saying.<br \/>\n54:48<br \/>\nI mean, I would do it because I don\u2019t have anything that\u2019s collectible, but I\u2019m just saying the fraudulent conveyance.<br \/>\n54:54<br \/>\nIf you ever get to that point, it\u2019s almost self defeating because if you qualify for what is considered a fraudulent conveyance, chances are: your Lean interests are not defeated by the conveyance. And you can still collect, it might take you a little bit more money and time, but you can still collect.<br \/>\n55:14<br \/>\nSo, that\u2019s why, you know, in 30 years, I\u2019ve never seen anyone try to use fraudulent conveyance to try to prevent anything from happening.<br \/>\n55:21<br \/>\nBut just the same, You want to transfer your interest in real estate, as far in advance as possible. Either transfer the equity or the title, OK.<br \/>\n55:28<br \/>\nAnd the way I always explain it is: If you have a shared interest in something, where are the owners of that interest yourself? Your Uncle Bob or two business partners or whatever?<br \/>\n55:38<br \/>\nHave the equal, undivided interest.<br \/>\n55:41<br \/>\nAnd there\u2019s no distribution scheduled, then a creditor to one of the interested parties, like a debtor, for example, cannot attach to the property rights that are owned by the group?<br \/>\n55:54<br \/>\nSo if I get rid of my property rights and I put it into a group and I can still benefit from the property, a creditor cannot reach into the group and take the property rights. They can\u2019t take the cash, put a lien on the equity and so forth. So, here\u2019s how it looks in reality.<br \/>\n56:08<br \/>\nLet\u2019s say I have a bank account, let\u2019s say I have a, an LLC.<br \/>\n56:10<br \/>\nI\u2019m running a business, OK, and I\u2019m a 100% owner, and let\u2019s say it\u2019s an S corp and I owe a personal debt from a long time ago and the creditor gets a judgement against me.<br \/>\n56:21<br \/>\nIt goes to attach my bank account and then let\u2019s say swipes my personal account. and then he also swipes my business account.<br \/>\n56:28<br \/>\nNow, I thought I was protected.<br \/>\n56:30<br \/>\nThat\u2019s why I had a corporation, but in fact, because I had 100% interest in the company, and it was published in my articles, my names showed me as a single member, manager or owner of the company.<br \/>\n56:42<br \/>\nWell, I was fair game. All that money in the companies now.<br \/>\n56:45<br \/>\ngoing to pay my personal debt. Why? Because I had the exclusive rights over all that money. There was no other innocent party there. So how do I fix that? How do I prevent that? I simply amend the articles with the Secretary of State and I add an innocent party. It has to be another party besides espouse. It has to be like my Uncle Bob, Or maybe I have to change the ownership altogether. Maybe I make the ownership now a trust.<br \/>\n57:07<br \/>\nI like using another person, my brother, Uncle Bob, You know somebody who, I can call up and ask to use his name, I don\u2019t want to do it without telling them.<br \/>\n57:16<br \/>\nIt does not create a liability for the other person to be listed as an owner in an LLC, except to the extent he gets money out of it. It doesn\u2019t give him any rights to the LLC, so there\u2019s still that protection there.<br \/>\n57:28<br \/>\nBut now, if you add an innocent party to the ownership, it then freezes up that asset or cash flows so that a creditor to one of the parties like me.<br \/>\n57:37<br \/>\nFor example, if I\u2019m, if I\u2019m the debtor, and I had my uncle Bob, and there who has no debts with me, well, then, all that money and property in the LLC is protected, except to the extent that some of it\u2019s sent to me personally.<br \/>\n57:52<br \/>\nthen that is subject to levy.<br \/>\n57:55<br \/>\nI hope that\u2019s not too confusing.<br \/>\n57:57<br \/>\nSo that\u2019s the way I like to look at it.<br \/>\n57:59<br \/>\nSo in addition to all this technical stuff, get out a blank sheet of paper and make a list. What do I have?<br \/>\n58:05<br \/>\nThe right, to spend the exclusive right?<br \/>\n58:10<br \/>\nAnd what do I have a right to sell?<br \/>\n58:12<br \/>\nlike a boat seeing in my backyard or that second motorcycle or a second car or my car or whatever, OK, vehicles are not a risk or a very teeny, tiny risk. In fact, they\u2019re actually not a risk.<br \/>\n58:25<br \/>\nVery seldom will a creditor want to take a vehicle especially today because of the vehicle market. It\u2019s horrible to try to resell a used car, vehicle, boat, vessel, or whatever, but even if that were the case all you\u2019d have to do is go to the DMV or mail in a lien on the certificate of title.<br \/>\n58:43<br \/>\nIf you had a clear title, you just mail in a lien and record a lien through the DMV.<br \/>\n58:49<br \/>\nAnd on the title and then basically the creditor would have to pay you first, basically, buy your vehicle or vessel.<br \/>\n58:56<br \/>\nSo, they\u2019re not going to do that.<br \/>\n58:57<br \/>\nYou can even do this to the IRS is very simple, so vehicles are not really a risk. I wouldn\u2019t even take those out of my name.<br \/>\n59:03<br \/>\nSo, anyways, this is This is about all I wanted to cover here.<br \/>\n59:08<br \/>\nI\u2019m not going to get into the answer in all this stuff.<br \/>\n59:10<br \/>\nYou\u2019ll see this in other videos, but there are a couple of videos in the collection regarding how to encumber real estate using a quick claim deed or how to convey the interest and also how to encumber it with debt. OK, and I call it friendly debt.<br \/>\n59:29<br \/>\nI hope this is useful.<br \/>\n59:31<br \/>\nAnd thanks for watching.<\/p>\n        <\/div>\r\n    <\/div>\r\n\r\n    \r\n<\/div>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-0df543e elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"0df543e\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-40219c1\" data-id=\"40219c1\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-d458933 elementor-widget elementor-widget-spacer\" data-id=\"d458933\" data-element_type=\"widget\" data-widget_type=\"spacer.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<div class=\"elementor-spacer\">\n\t\t\t<div class=\"elementor-spacer-inner\"><\/div>\n\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-2e07790 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"2e07790\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-1794d1f\" data-id=\"1794d1f\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-eae84ff elementor-widget elementor-widget-text-editor\" data-id=\"eae84ff\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<p><strong>Summary<\/strong><\/p><p style=\"padding-left: 40px;\">1. The speaker, John Jay, discusses how to deal with lawsuits related to consumer debt, using a case study involving a debt collector and a debtor.<br \/>2. He mentions how specific ways exist to manage third-party debt collectors in America and compares understanding and handling debt to learning to control fire.<br \/>3. John Jay reviews a case file, critiquing and analyzing it to explain key elements and discusses the Fair Debt Collection Practices Act, a federal law that protects consumers from abusive, unfair, or deceptive practices by debt collectors.<br \/>4. He further discusses the nature of debt collection and the sale or assignment of the right to collect a debt, emphasizing that the specific debt obligation should be clearly delineated.<br \/>5. He also talks about the importance of identifying individual attorneys involved in debt collection cases, especially since they often avoid directly associating their names with cases.<br \/>6. John Jay discusses an example where a debtor asked a debt collector to cease communications. He mentions that he does not recommend this tactic, as it may lead to a lawsuit. He also discusses how debt collectors often win cases, even if the debtor is in the right.<br \/>7. The speaker analyses an example of a complaint, pointing out that it makes presumptions about debt without presenting clear proof.<br \/>8. He scrutinizes various assignments and transfers involved in the case, noting the complexity and ambiguity surrounding these processes.<br \/>9. John Jay advises modifying a debt validation letter slightly to ensure its effectiveness, emphasizing the importance of maintaining the exact spelling of your name as the debt collector has used.<br \/>10. He concludes by explaining the process of filing a motion to dismiss, stating the importance of questioning the validity of exhibits attached to a complaint, and encouraging a proactive approach to dealing with debt collection cases.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-3d5c4cf elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"3d5c4cf\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-7c7f07a\" data-id=\"7c7f07a\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>U25 &#8211; Debt Collection Review<\/p>\n","protected":false},"author":131,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[124],"tags":[],"_links":{"self":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts\/16636"}],"collection":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/users\/131"}],"replies":[{"embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/comments?post=16636"}],"version-history":[{"count":7,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts\/16636\/revisions"}],"predecessor-version":[{"id":25287,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts\/16636\/revisions\/25287"}],"wp:attachment":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/media?parent=16636"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/categories?post=16636"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/tags?post=16636"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}