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But we are proud to say that Ken Gibert contributed 405 entries already.
As we have often pointed out, having a counterclaim can be extremely helpful in getting a claim dismissed so that you no longer risk being sued on the debt and your credit report is no longer being harmed. If the debt collector has used an affidavit in its efforts to collect from you–especially in a […]
I have talked about counterclaims often throughout this site, and counterclaims are very important if you can make them for the reasons discussed below. Things have gotten a little more complicated in this area recently, however. It used to be that almost everyone who might sue you was a “debt collector” under the Fair Debt […]
Debt collectors often masquerade as the original creditors both to make you think they have more evidence than they have and to make you feel guilty if you fight them. Here’s how to figure out if they’re trying this trick on you and what to do about it if they are. Debt Collectors Make Their […]
We discussed two kinds of jurisdictional issues in a recent teleconference – two different issues that call for very different responses. In this video we’ll discuss what happens when the debt collector doesn’t show its ownership of the debt and when you are not properly served with the lawsuit. – Jurisdictional Issues in Debt Law Ownership of the […]
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Res Judicata, Estoppel, Claim, and Issue Preclusion I often talk about the advantages of pushing a debt defense to the point where the debt collector dismisses the case “with prejudice.” What is this advantage and why is it so important? It has to do with something called “res judicata” or “claim preclusion.” It is important […]
Reviving Expired Debt through Trickery The banks are always trying to revive debt, through fair means or foul. Here’s a trick you need to be alert for: issuing you a new card with an old balance on it. The Scam Here’s how the scam works. I’m sure you know all about statutes of limitations and […]
Novation, Re-aging and Reviving Debt This article is a companion article to Reviving Expired Debt through Trickery. Together they discuss a major hazard to pro se litigants and other persons dealing with debt collectors and banks without legal representation, namely the revival of debts that have (or would) expire due to statutes of limitations. If […]
