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Beat Credit Card Debt By Losing The Guilt Associated With It

Oct 30

Posted by Matthew Highlander in Credit | Comments off

Every day more consumers fall behind on their credit card debt payments and leave themselves open to being threatened by credit card debt collectors. Some people simply cannot afford to pay their growing minimum-monthly credit-card debt payment(s), as a result they begin to feel hopeless and guilty.

Some who go through this, however, realize that they do not need to feel guilty and submit to debt collectors.

They understand they can use a proven legal strategy to make the debt collector prove the debt is owed. Denying and disputing an unsecured credit debt with a debt collector, not the original creditor, works, according to Credit Card Debt Survival Guide. This strategy forces the other side to prove their case.

Credit card debt collectors must, according to the Fair Debt Collection Practices Act:

1] Unless the consumer disputes the validity of the debt, the debt will be assumed to be valid by the debt collector and

2) Says that the consumer must dispute the debt, in writing, within thirty days of dispute.

The Fair Debt Collection Practices Act also allows consumers to write to the credit card debt collector stating that they refuse to pay the debt, or that they would like the debt collector to stop all communication regarding the debt.

If a consumer follows this advice and refuses to admit to the credit card debt, by disputing it and denying it, and then writes to the credit card debt collector asking them to cease communications regarding the debt, that may cause the debt collector to decide to collect from other easier-to-deal-with consumers. For them to proceed with the task of recovering this debt, they will need to prove the debt exists by getting copies of original documents from the credit card company and sending them on to the consumer.

With an unsecured, unsigned credit card debt, a debt collector has to get the consumer to admit to owing the debt. Effectively they need an admission of “guilt”. The initial exchanges between consumer and the credit card debt collector set the tone of all communications between them. If a consumer denies and disputes the alleged debt, and also forbids further communications, often the collector will look for an easier target.

Matt Highlander researched and wrote the Credit Card Debt Survival Guide for consumers seeking to educate themselves about credit card debt relief.

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What to Do with a Court Summons for Credit Card Debt

Oct 17

Posted by Matthew Highlander in Credit Cards | Comments off

Too many, in fact most consumers do not respond to a court summons for credit card debt. Collection attorneys have become accustomed to filing a summons, winning be default and collecting money with the court’s help.

A two or three page answer is enough to begin defending against a court summons for credit card debt. The answer to the summons is only the beginning of the case from the court’s perspective. The answer needs to make the collection attorney properly document the alleged debt, according to the Credit Card Debt Survival Guide.

Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.

Answers to summonses for credit card debt are answered differently in different state courts. The local rules of civil procedure provide the guidelines for acceptable answers. They also dictate the proper method of summons and answer service, as well as the amount of time the consumer has to answer before going into default.

Legal defenses that pertain to defending against a credit card debt should be worded carefully so that they comply with the local rules of civil procedure. As a start a resource like the Credit Card Debt Survival Guide will give the consumer a generically worded answer. Then, the consumer can ask a local attorney to comment on the wording of their answer for a small fee, if the consumer cannot afford to pay him to do more.

It is a common practice for collection attorneys to “fish” for defaulting consumers with a batch of court summons. Most credit card debtors do not answer these summonses. For the few that do, the attorney simply withdraws the claim focusing on the easy money from the defaulters he has netted.

To beat them, civil summonses for credit card debt need to be answered!

This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.

Matt Highlander has researched credit counseling, debt settlement, debt collectors and collection attorneys. If you are seeking credit card debt relief, read Credit Card Debt Survival Guide Matt writes for the Guide.

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Beating Credit Card Debt Collectors at Their Own Game

Oct 11

Posted by Matthew Highlander in Credit Cards | Comments off

by Matthew Highlander

Consumer debt collectors! Credit Card debt collectors! There ought to be a law against them! Fortunately, there is a law, and educated consumers have learned how to use it to fend off these debt collectors by making their job difficult.

Time is money for a credit card debt collector, who is in the business of collecting unsecured consumer debt, most of which happens to be credit card debt. These consumer debt collectors and collection attorneys work on a percentage of what is collected. Most people think there is a debt collector for every debt, when the reality is there is only a debt collector for every easy-to-collect credit card debt.

Consumer debt collection has grown and prospered with the expansion of the credit card industry.

Consumer credit went from $133.7 billion of in 1970 to $2.5 trillion of debt in November 2007, according to the Federal Reserve and Business Week.

According to a trade group for the debt collection industry, ACA International, each year debt collectors put more than $40 billion back into the U.S. economy.

According to data from the U.S. Census Bureau, there were 173 million credit cardholders in the United States in 2006.

According to the American Banking Associate, in the first quarter of 2009, 4.75 percent of bank cards were delinquent.

The point is, there are millions of delinquent credit card accounts to go around to ambitious debt collectors.

The Federal Reserve compels credit card companies to budget for bad debts. The credit card companies usually sell those bad debts after they are written off to junk debt buyers for no more than 10 cents for each dollar of debt. Given that bargain, junk debt buyers do not expect to collect on 100 percent, or even 50 percent, of the accounts they purchase, nor do the collection agencies and collection attorneys who work for them.

Debt collectors make the same empty threats to both resistant and non-resistant consumers holding credit card debt. Usually, however, they only follow-up with more threats and intimidation with the non-resistant majority of delinquent credit card account holders. The secret is learning the correct response to those initial threats and how to use the Fair Debt Collection Practices Act (FDCPA).

While credit card companies are original creditors not covered by the Fair Debt Collection Practices Act, collection agencies, collection attorneys and junk debt buyers are subject to that federal law. According to the FDCPA a debt collector (Attorneys collecting consumer debt are considered debts collectors by this law.) must notify the consumer in writing of their right to dispute the debt and have it validated. Validation means the collector must send copies of original documentation verifying the debt. The FDCPA also says the consumer can instruct the debt collector to cease collection attempts until they properly validate the debt.

Should the debt collector invest their time with those who properly dispute and request validation or those who put up no resistance?

About the Author:
Matt Highlander writes for the Credit Card Debt Survival Guide. Learn about debt settlement and legal nonpayment strategies for eliminating credit card debt.

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How to Respond to a Court Summons for Credit Card Debt

Sep 28

Posted by Matthew Highlander in Credit Cards | No Comments

by Matthew Highlander

Too many, in fact most consumers do not respond to a court summons for credit card debt. Collection attorneys have become accustomed to filing a summons, winning be default and collecting money with the court’s help.

Answering a court summons for credit card debt is actually not that intimidating. It only takes a two or three page document. To defeat the collection attorney, the consumer’s answer needs to demand he properly document the debt, according to the Credit Card Debt Survival Guide.

The court will usually support the consumer’s demand for documentation. Collection attorney’s frequently have trouble producing original credit card agreements and statements totaling the amount claimed as owed. They are used to consumers defaulting. In addition attorneys for debt buyers have trouble documenting ownership of credit card debt from the bank that sold it to them in a large batch of accounts.

Answers to summonses for credit card debt are answered differently in different state courts. The local rules of civil procedure provide the guidelines for acceptable answers. They also dictate the proper method of summons and answer service, as well as the amount of time the consumer has to answer before going into default.

Most importantly, the rules dictate the wording of the affirmative defenses the consumer uses in the answer. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, the consumer needs to get the advice of a local attorney on the answer’s exact wording per the local rules of civil procedure.

It is a common practice for collection attorneys to “fish” for defaulting consumers with a batch of court summons. Most credit card debtors do not answer these summonses. For the few that do, the attorney simply withdraws the claim focusing on the easy money from the defaulters he has netted.

For the few that answer them, civil summonses for credit card debt can be defeated.

This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.

About the Author:
Matt Highlander writes for the Credit Card Debt Survival Guide. A complete volume of strategies for credit card debt relief. Read the 230-page Credit Card Debt Survival Guide

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What to Do with a Court Summons for Credit Card Debt

Sep 22

Posted by Matthew Highlander in Credit | No Comments

by Matthew Highlander

The first thing to do is to respond the summons. Collection attorneys are used to consumers not responding to court summonses for credit card debt. Feeling helpless and guilty the consumer then loses by default, and the attorney gets the court’s backing to collect the debt.

Answering a court summons for credit card debt is actually not that intimidating. It only takes a two or three page document. To defeat the collection attorney, the consumer’s answer needs to demand he properly document the debt, according to the Credit Card Debt Survival Guide.

Courts usually recognize the consumer’s demand for proper documentation. Collection attorneys cannot produce a signed contract because most credit card agreements do not have one. They also have trouble accounting for the exact amount of money they say is owed. If the collection attorney represents a debt buyer, he will also have trouble documenting the transfer of the account from the bank to the debt buyer.

The rules of civil procedure for the consumer’s local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the legal language that needs to be in the answer to the summons.

Most importantly, the rules dictate the wording of the defenses the consumer uses in the answer. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, the consumer needs to get the advice of a local attorney on the answer’s exact wording per the local rules of civil procedure.

It is a common practice for collection attorneys to “fish” for defaulting consumers with a batch of court summons. Most credit card debtors do not answer these summonses. For the few that do, the attorney simply withdraws the claim focusing on the easy money from the defaulters he has netted.

For the few that answer them, civil summonses for credit card debt can be defeated.

This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.

About the Author:
Matt Highlander writes for theCredit Card Debt Survival Guide, a guide for consumers looking for credit card debt relief.

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Three FAQ on Credit Card Debt Settlement

Aug 25

Posted by Matthew Highlander in Credit | No Comments

by Matthew Highlander

Is there a legal basis to settle credit card debt?

While credit card debt settlement firms may assert otherwise, settling a credit card debt does not involve a legal secret.

Credit cards are contracts between consumers and credit card companies. These contracts can be legally modified if both sides mutually agree to the changes. According to the Credit Card Debt Survival Guide, for the consumer the most important LEGAL feature of a credit card debt settlement is getting the negotiated debt amount and the terms in writing and signed.

Can I settle my credit card debt while my payments are still current?

Credit card companies will only settle with those consumers who have missed monthly payments. If the banks negotiated debts with current account holders, most consumers would want to settle for less than the full amount.

To settle a credit card debt for less than full value with the bank, a consumer will have to risk not making monthly credit card payments, then save those payments for a lump sum settlement. The risk comes from being in arrears and having the bank not agree to the lump sum amount.

How much of a balance reduction do credit card companies usually settle for?

Online consumer forums have stories of consumers settling for as little as 20 and as much as 70 percent of their credit card account’s original balance. According to credit card debt settlement expert Charles Phelan, consumers who settle on their own get the best settlements. Phelan also says credit card companies would rather deal directly with a consumer, rather than go through a debt settlement firm.

According to the Credit Card Debt Survival Guide, banks are most likely to settle for the lowest amount right before they write the account off as a loss. Six months after payments on an account stopped is generally when that happens. At this time it is common for a bank to approach the consumer with a settlement offer. Before this period, when a consumer in arrears approaches the bank with a settlement offer, the bank wants to see evidence of need such as low income, job loss, family death, illness, etc.

About the Author:
Matt Highlander researched and wrote the Credit Card Debt Survival Guide. Learn about debt settlement and legal nonpayment strategies for eliminating credit card debt.

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A Phone Call from a Credit Card Debt Collector? . . . You Do Not Need to Take It.

Aug 17

Posted by Matthew Highlander in Credit | No Comments

by Matthew Highlander

Telephone calls have no legal weight since there is no record of what was said on a call. Knowing this, credit card debt collectors will say threatening things on the phone and get away with telling their lies. That is why consumer debt collectors choose to use the phone over mail. Debt collectors lose their power when communications are reduced to writing.

What matters in court are the written communications, or the lack of them, between a consumer and a credit card debt collector. Mail sent certified return receipt requested further helps the consumer put the debt collector on the defensive.

There is a saying in online consumer forums, 100 percent of debt collectors tell lies 100 percent of the time. Here are some examples of those lies.

1. They claim you are the target of a lawsuit in your local court and that you’ll get your summons any day.

2. They threaten to have you arrested. (Debts are civil, not criminal.)

3. Debt collectors will threaten to have you arrested. No one can be arrested for a civil matter.

4. They will tell you may have your wages reduced to pay your debt, and you will get a negative listing on your credit report.

5. They might even threaten you with having your bank account seized.

Each of these lies is a violation of the Fair Debt Collection Practices Act.

Credit card debt collectors use the phone attempting to get personal details such as your bank account number, Social Security number, and work number, as well as getting you to confirm your credit card number and admit to the debt in question. The Credit Card Debt Survival Guide advises that you should never share any personal information with people on the telephone, as they could be anyone, and that you should always dispute and deny the debt to which they are referring and hang up the phone.

Curiosity should be the only reason for taking one of these calls. If a credit card debt collector calls out of the cold, let them tell you what debt they are calling about, then tell them you have received no written notice from them about the debt and hang up.

The Fair Debt Collection Practices Act allows the consumer to instruct the debt collector in writing to stop all collection calls. After that each call is a violation of the law, and subject to a $1000 penalty. Consumers should keep logs of the phone calls and contact a consumer rights attorney, who may agree to sue the credit card debt collector over these violations on a contingency fee basis.

About the Author:
Matt Highlander has researched the legal nonpayment strategies for dealing with credit card debt. If you cannot afford to pay, read his Credit Card Debt Survival Guide

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