Diamond Memberships

Why you Should Join us as a Diamond Member

Diamond Membership is our best deal for people with a lot of curiosity, more than one lawsuit, or who are coaching or helping others in their cases. That’s because a main goal of Diamond membership is to go beyond the usual questions presented by debt law and the debt industry. We look at the politics and economics driving our country. And we look deeply at the law.

As anyone knows who has read our materials, most of debt law is what we call “factory work.” It’s routine and standardized, and this is simply because debt is bought and sold in gigantic deals (called “tranches”). So the average debt collector buys a hundred or a thousand (or many, many more) accounts that supposedly owe money from the same company (usually a credit card-issuing bank) and then, completely relying on the records the bank provides, harasses the people involved to collect as much as possible. And eventually they file many, many lawsuits that look almost exactly the same.

So for most of our purposes, we can simply deal with that large body of identical suits and create responses to them. They’re doing factory work, and we do something very similar.

Going Deeper and Further

But there can be more. While debt collection is generally pretty standardized, there are things that can come up that either present special challenges or issues. And in fact, for all of its routine, most debt lawsuits CAN veer out of the normal. There are always angles in every case, which can sometimes make a difference, and often make things more interesting.

And some of our members like to help others. For these – for people helping others, and for those who want to know a LOT about the law – our Diamond Membership is great.

Special Tactics

When you take on debt negotiation, debt litigation and credit repair at the same time, you discover that some of the tools work for more than one thing. For example, if a debt collector is bugging you AND has damaged your credit, you can dispute the collector’s action both through the Credit Reporting Act and the Fair Debt Collection Practices Act. These two acts have different purposes (as laws) and requirements. Verification under the two acts is different, and verification under the Credit Reporting Act is more difficult and rigorous for the debt collector – and the CRA also gives you a way to attack the original creditor as well if it is reporting you.

And you can, of course, you can use any and all the information you get through either the FDCPA and CRA (also called the FCRA, for “Fair Credit Reporting Act”) in litigation if they sue you. And you can use any information you get in a lawsuit they – or you – file, in attacking their responses under the FDCPA or FCRA. In other words, knowing all three sets of rules can sometimes be very, very helpful. Our Platinum Membership opens some of those ways up to you.

Other Benefits

As with each of the Gold Memberships, you will receive special reports and offers. As a Diamond Member, though, you get them all. This includes:

  • The Three Weaknesses Almost All Debt Collectors Have
  • Take Control of Your Life and Debt; and
  • a discount off the prepaid legal program we offer our members;
  • all the situation products (like motions packs and the other products like that).

Diamond Benefits

In addition to everything the Gold and Platinum members get, Diamond members get a lot more information. They get, basically, all of our written materials, from reports to books. This includes our reports like Got Debt? and What if I (think I) Really Owe, Do You Need a Lawyer, and all the rest. And it also includes our book – now being revised – called Special Issues in Debt Litigation. This book was originally about a 250 page book, but it is being revised into several smaller volumes now. Diamond Members will get them, free.

Coaching

In addition to the written materials, Diamond members will get their own teleconferences when the situation calls for it. As we approach our membership goals, the Diamond members will need to discuss things in greater depth and at greater length – they’ll get that opportunity. And there will be other materials, currently in the works, to help them organize, promote, analyze, and all the other things they’re likely to need.

10,000 Member Drive

As I point out in our materials on Gold Membership, a key strategy in our debt litigation program is to recognize that debt collectors take a “factory” approach. They file huge numbers of cases and work very little on them because most people either default immediately or give up quickly. So they file a hundred cases, work on none of them, get judgments on 98 percent of the cases they get served, and let a few people get away. Our program helps you be among those who get away “through the cracks.”

But what if everybody defended and fought back?

If that happened, the debt collectors would have to change completely, and until they did, pretty much EVERYBODY would get away from them. Our 10,000 member drive is about making that happen. If everybody fought back, it would shut down the debt collectors and push the judges to stop being mere cogs in the debt collection industry’s machine. With that many people fighting back, learning, watching the courts, and pushing back, it would change the nature of the debt industry completely. I think that would be a good thing.

And so I have begun a 10,000 member drive.

The Next 1,000 Members

As part of our 10,000 member drive, I am offering special discounts to help people join for less. For the next 1,000 members to join, we have slashed our Diamond membership initiation fee to $75. It’s normally $250.

Our goal is to make it possible for you to pay one monthly membership without paying anything else for all the good work you’re doing to repair your financial condition or help others with theirs.

Compare

If you’ve priced any of these services before, you know that it would likely cost you $1,500 – $2,500 to hire a lawyer just to start defending you from a debt lawsuit; it would cost you $50 or more per month to hire someone to help you with your credit report; and it would cost an arm and a leg to get help with debt negotiation and settlement – the numbers are just crazy. So our membership is a small fraction of what you would pay elsewhere. And you get a lot more with us.

The bottom line is that we want you with us, and we want you to win. We’ll do what it takes to give you the best chance possible to do that.

And join us

You can do that by going back to the membership registration page and registering now.

How You Purchase

You buy by clicking on “Register” under “About Memberships” in the main menu and choosing the level of membership you want.

Platinum Memberships

Platinum Memberships combine all three of the Gold Memberships into one package.

As we often say, debt problems generally travel in crowds – that is, if one debt collector is suing you, others are probably harassing and getting ready to sue you – and still others are messing up your credit report. It’s tempting to try to focus on just one of these things at a time, and that can work. But a more effective way of dealing with debt problems is to take them all on at the same time. So even while you’re beating the debt collector that’s suing you, you’re negotiating with another one to keep it from suing you.

And you’re beginning the process of repairing your credit from ALL of them.

If that makes sense to you, then you should consider our Platinum Membership.

Benefits of Platinum Membership

With our Platinum Membership you get three manuals: the Debt Litigation Manual, the Debt Negotiation and Settlement Manual, and the Credit Repair and Restoration Manual.

You also get access to our complete document banks, so that you can reduce the amount of repetitive paperwork you have to do in taking care of all these problems, and you get access to all our member-only articles and videos on all topics.

And you can be part of all of our teleconferences. Right now, that’s just two per week, but as our membership base grows in credit repair and debt negotiation, we will add two teleconferences for each of these areas as well. And as the membership grows, there will be more of ALL of them, because our commitment is to answer the questions our members need answering. But platinum members will have more opportunities, and a somewhat easier time scheduling their teleconferences.

Special Tactics

When you take on debt negotiation, debt litigation and credit repair at the same time, you discover that some of the tools work for more than one thing. For example, if a debt collector is bugging you AND has damaged your credit, you can dispute the collector’s action both through the Credit Reporting Act and the Fair Debt Collection Practices Act. These two acts have different purposes (as laws) and requirements. Verification under the two acts is different, and verification under the Credit Reporting Act is more difficult and rigorous for the debt collector – and the CRA also gives you a way to attack the original creditor as well if it is reporting you.

And you can, of course, you can use any and all the information you get through either the FDCPA and CRA (also called the FCRA, for “Fair Credit Reporting Act”) in litigation if they sue you. And you can use any information you get in a lawsuit they – or you – file, in attacking their responses under the FDCPA or FCRA. In other words, knowing all three sets of rules can sometimes be very, very helpful. Our Platinum Membership opens some of those ways up to you.

Other Benefits

As with each of the Gold Memberships, you will receive special reports and offers. As a Platinum Member, though, you get them all. This includes:

  • The Three Weaknesses Almost All Debt Collectors Have
  • Take Control of Your Life and Debt; and
  • a discount off the prepaid legal program we offer our members.

10,000 Member Drive

As I point out in our materials on Gold Membership, a key strategy in our debt litigation program is to recognize that debt collectors take a “factory” approach. They file huge numbers of cases and work very little on them because most people either default immediately or give up quickly. So they file a hundred cases, work on none of them, get judgments on 98 percent of the cases they get served, and let a few people get away. Our program helps you be among those who get away “through the cracks.”

But what if everybody defended and fought back?

If that happened, the debt collectors would have to change completely, and until they did, pretty much EVERYBODY would get away from them. Our 10,000 member drive is about making that happen. If everybody fought back, it would shut down the debt collectors and push the judges to stop being mere cogs in the debt collection industry’s machine. With that many people fighting back, learning, watching the courts, and pushing back, it would change the nature of the debt industry completely. I think that would be a good thing.

And so I have begun a 10,000 member drive.

The Next 1,000 Members

As part of our 10,000 member drive, I am offering special discounts to help people join for less. For the next 1,000 members to join, we have slashed our Platinum membership initiation fee to $75. It’s normally $200.

And you will also receive free access to our special situation packs – the motions packs, the PA Silver Bullet Pack (only applies to Pennsylvania residents) and the California Bill of Particulars Pack (only applies to CA residents).

Our goal is to make it possible for you to pay one monthly membership without paying anything else for all the good work you’re doing to repair your financial condition.

Compare

If you’ve priced any of these services before, you know that it would likely cost you $1,500 – $2,500 to hire a lawyer just to start defending you from a debt lawsuit; it would cost you $50 or more per month to hire someone to help you with your credit report; and it would cost an arm and a leg to get help with debt negotiation and settlement – the numbers are just crazy. So our membership is a small fraction of what you would pay elsewhere. And you get a lot more with us.

The bottom line is that we want you with us, and we want you to win. We’ll do what it takes to give you the best chance possible to do that.

And join us

You can do that by going back to the membership registration page and registering now.

How You Purchase

You buy by clicking on “Register” under “About Memberships” in the main menu and choosing the level of membership you want.

 

Two Kinds of Verification – FDCPA and FCRA- and How to Use them

We have spent much of our time talking about “verification” on our site and videos, and what we have meant in most of that has been the “verification” process provided by the Fair Debt Collection Practices Act (FDCPA). But there is another kind of validation you can use – validation as permitted by the Fair Credit Reporting Act.

We talk about that below and discuss how you can use both forms of validation, together or separately, to your advantage in defending yourself from the debt collectors and in repairing your credit.

The two kinds of verification are different rights. They apply in different circumstances, to possibly different “persons” under different circumstances, give different rights, and have different time requirements.

You can use them both, but they are completely separate. It is important to keep them straight.

Make sure you keep track of everything you do under either statute, and make sure that the response you get is appropriate for the statute you used for the specific right you invoke.

Rights under the FDCPA

Under the FDCPA, when a debt collector first contacts you on a debt, it is required by law to notify you of your right to dispute the debt and require “validation” or “verification.” The two words are used interchangeably, and the requirement is quite simple in general:

  • First, the debt collector must notify you of the right to dispute within 30 days (along with giving you the “mini-Miranda” warning – that anything you say may be used for collection of a debt) within five days of first contacting you.
  • And then, the debt collector must “verify” the debt if you ask within the thirty days provided.

Just to make clear, it is YOU who have 30 days to dispute after getting the notice of your rights. The debt collector does not literally even have to do anything at all and also has no time limit. It’s just that, if you dispute and request verification, it cannot make further attempts to collect on the debt until it has verified it.

Exactly what verifying it is, is not exactly clear.

It would appear that contacting the original creditor and “establishing” that the debt is yours would be enough. That’s because the purpose of the requirement is not to require a separate lawsuit, but just to protect consumers from harassment based on typos or mistaken identities. The debt collector has to take some action to connect you to the debt if you dispute it under the FDCPA.

Even this low burden often seems to be too much, and possibly that is because the second owner of the debt (if there is one) has no relationship to the original creditor and simply cannot get the debt verified.  Whatever the reason, asking for verification is often enough to make them go away. If they try to collect without having verified, that violates the FDCPA. And that in turn might allow you to stop a lawsuit brought against you.

Remember, however, that when the debt collector immediately files suit against you, this is not a “first contact” which triggers your right to notice and dispute. If you get served, you have to answer (or move to dismiss). It is not enough to request verification.

Disputing under the Fair Credit Reporting Act

There is another kind of validation, and it is completely different from the FDCPA, although you can use it to fight debt collectors, too. It is the validation provided for by the Fair Credit Reporting Act (FCRA).

This is your right to “dispute” an item on your credit report.

You do this after looking at your credit report and seeing something that is not positive. Let’s say you see a debt collector reporting that you owe a debt. Remember your right to verification under the FDCPA comes when the debt collector first contacts you to try to collect the debt. You can dispute a line item on your credit report at any time.

There are rules, and there are better and worse ways to do it. But it does not depend on the other side being a debt collector or having tried to collect the debt. It simply requires that they have put some bad information on your credit report.

When you seek verification under the FDCPA, the debt collector has to verify the debt before making further attempts to collect. When you “dispute” the debt under the FCRA, it doesn’t affect collection. Instead, you are forcing the company to “investigate” the debt and show that what it is saying to the credit reporting agencies is true.

If the company reporting you cannot validate the debt, it is just required to withdraw the offending credit reference. But it could still try to collect the debt.

If it does keep trying to collect the debt after withdrawing a bad credit reference, that might be a type of admission that it can’t prove the debt if the case goes to a lawsuit.

But it probably isn’t controlling on the case because “validation” of a credit report is not

the same thing as proving that the debt is valid.

A Helpful Strategy

Here’s a strategy that might be helpful. If you receive a bill from a junk debt buyer – a company that bought your debt from the original creditor, in other words – you should

send a request for verification under the FDCPA right away. Then you should and get your credit report and look at it.

If the debt collector is reporting your debt on your credit report, you will want to dispute the credit report and seek validation under the FCRA. Separately.

Remember these are completely different rights. Your sending two different disputes may confuse the debt collector, but remember that under the FDCPA it must provide proof as to your identity and its right to bug you, while under the FCRA it must explain why the information it put on your credit report was correct. The debt collector may not verify under the FCRA, in which case you can clear your credit report.

If it DOES try to validate, it will probably give you information that it would object to having to provide if it were suing you for the debt – so it’s a shortcut to some discovery in that situation.

You should not try to do the FCRA verification first because it takes too much time.

To do the credit dispute right you have to get your credit report and dispute it with the credit bureau before you dispute it with the debt collector under the FCRA if you want to protect all your rights. You don’t have time to work your way through the FCRA before asserting your FDCPA rights.

On the other hand, if the company does not verify under the FDCPA, that would be worth mentioning as a basis for your credit dispute.

We should add that when you get the first letter from the debt collector you may not even know whether it is reporting you on your credit report. They often do not, so you won’t know whether or not you will have anything under the FCRA. But if they are contacting you, you have the right under the FDCPA. Since it only lasts for 30 days, you need not to delay in disputing.

We always recommend sending your disputes by certified mail (and keep all the proof). You don’t have to do this legally, but these things often come down to a question of what you can prove, and having proof from the postal service is a very good investment.