Take Control of Your Debt

Take Control of Your Debt

 – Take Control of Your Life

If you have been watching bills pile up or fear answering your phone because of debt collectors, this product will be good for you. It includes information about your right to require “verification” of debt and a sample letter you can simply copy and use on debt collectors that will often make them simply go away.

Also includes an article about your right to force debt collectors to stop talking to you at all (“cease communication letter”) and advice as to what effects this might have on you in the future, along with a sample letter to use to make the debt collectors stop communicating with you.

And it includes an article about finances and planning that will help you get ahead and keep the debt collectors from ever bothering you again.

These materials are designed to help you gain control of your debt, whatever it may be. The first step is to control the way and times the debt collectors contact you – if at all, and to assert your rights to force them to verify the debt. Beyond that, though, you need to take back control over your life by controlling your budget and improving your ability to earn and keep money.

You’ve probably seen (we have) simple debt verification letters selling for fifty or a hundred dollars. With this package you get two sample debt verification letters designed by a professional who has been in the business a long time. In addition, you get a “cease-communication” letter you can use to make the debt collectors stop contacting you altogether, along with information that will help you know how to use the letters with confidence. Plus you get actually meaningful and helpful advice on reining in your debts permanently Click here to see more on this product.

Time is Critical in Debt Defense Part 2

Time! Time!! – It’s All about Time

This is Part 2 of this Article. For Part 1, click here: Time! Time!! It’s All about Time.

Perceived Lack of Resources

Because of the nature of the beast, you are also going to be seen as having fewer resources. Does that mean anybody gives you a break? Wake up – this is life in the jungle where predators eat the weak. You must learn how to battle the perception of weakness. Again, this involves the careful use of time. You are perceived as poor, distracted, and ignorant by the high and mighty debt lawyers. You must overcome that perception by staying on top of things from the very beginning. You’ll be tested in discovery because motions to compel are time-consuming and boring. But you will be tested in many ways. Stay on top of it!

Notice, too, that perception of lack of resources is different than any actual lack. Their perceiving that you lack resources will cause them to try to take advantage of you (debt collectors) or blow you off so they can get to “more important” things (judges and their office staff). Staying on top of things can reduce the number of tricks they try and the impact of the ones they do try.

Actual or Perceived Lack of Experience

I lump these together because almost all pro se parties are unfamiliar with the law – and expected to be so by the lawyers on the other side and the court. Expect that to mean anybody will help you? Again, get real. It means you will be patronized by the lawyer and ignored (to some extent) by the judge. You must counter this lack of experience through preparation. You should take the time to watch a trial and other court proceedings, and you must also take the time to think through your points and locate authority for the positions you take. You can do all this, but it takes time.

Some Resources

As I pointed out above, the three “faces” of the issue you deal with are time, organization, and discipline. I can’t help you with discipline, but all my materials, and specially the membership, are designed to save you time. The Litigation Manual was created to make you familiar with the process in general, and the motions packs should help you with time at certain critical points. And of course my website in general is a resource.

Two New Products

Two products designed to give further help are the trial binder and the Guide to Legal Research and Analysis. The Trial Binder helps you put the materials you need into the most useful order, while the Guide to Legal Research and Analysis helps you get started on the ways you think about and prepare for your case.

Using Time – critical in debt law pro se

Deadlines in the Law Are Always Critical

When you are involved in litigation – either willingly or unwillingly, either as the plaintiff who initiated the suit, or as a defendant dragged into court – time is always critical. You will have deadlines for every single thing that you do. These deadlines are either:

  • obvious, explicit deadlines set forth and given to you by a court “Scheduling Order;”
  • less obvious but just as explicit deadlines established by either your state’s Rules of Civil Procedure or your own court’s “Local Rules;” or
  • not obvious or explicit – but implied by the fact that there is a date set for trial.

Deadlines: Explicit or Implicit

Courts will often create what is called a “scheduling order” which puts down the times by which times must be completed. You have to count back the days to figure out when you need to get started. For example, if the court sets April 30 as the date by which discovery must be completed, if you’re in Missouri you figure everything out in this way. Parties get 30 days to respond to discovery – they will object to everything, and you must send them a “good-faith” letter before filing a motion to compel. They get 5 business days to respond to a motion to compel, and it will take you 10 days to write one. Therefore, you must serve your last discovery 30 + 5 +  10 + a week for the good-faith letter + any time added by the Mailbox Rule + the amount of time the court will give them to give you the discovery. That means you need to file your last discovery at least 3 months before the end of the discovery period. In that example, you had one explicit courrt-imposed deadline, and several other “implied” deadlines in order to get it done.

One of Your First Steps

Your very first step as a litigant must be to find out what rules control your case – and most specially what rules control the deadlines in your case. When it comes to missing a deadline, excuses are for losers. If you’ve missed a deadline, you must make your excuse and hope for the best! But never forget that there is a price to pay. You lose ground, either legally or in the eyes of the court and the other side, for every deadline you miss. You also add extreme stress to your life and risk to your case if you are always near and sometimes miss deadlines. I cannot make that any plainer, can I?

And another thing to keep in mind: time may be the cross on which your case could die, but it has two other aspects: organization and discipline. Find out what you need to do and when you need to do it. Then set up things so that you can do what you’re supposed to do (organization) and then, actually do it (discipline).

Having read this, you have no excuse for coming to me (or anybody) and saying that you didn’t know when something was due.

Why Time is So Important

Why is time so critically important to everybody, and most particularly to pro se parties? Let’s answer the second question – the most important one – first: why it matters above all to you.

Pro se parties in general, and specially in debt cases, must understand the way time works in their cases more than anyone else for three reasons:

  • your actual lack of resources;
  • your perceived lack of resources;
  • and your actual and perceived lack of experience.

The added “kicker” in debt cases is that you are maving into a headwind caused by the fact that so few people (represented by lawyers or not) defend debt cases with intelligence. Everybody expects you to “roll over” or, as the Beatles song goes, “get back to where you once belonged”

Actual Lack of Resources

Most debt defendants or people involved in debt-related litigation (as, for example, filing a claim for violation of the FDCPA where you are the plaintiff) simply do not have very much money. This type of law, in general, was designed for people without much money, and that’s a problem that many, but not all, pro se parties face. An actual lack of resources means that you have to scramble to get the things you need, from law books to typing paper, from trips to the library to trips to the court room. And daycare – to mention just a few resources that may not be readily available to you. To offset these actual resources you must schedule time enough to overcome them.

Click here for Part 2 of this article, Time! Time!!

Special Conditions in Pennsylvania Debt Law

I often tell people that they might simply deny every allegation of the petition and put the plaintiff to the burden of proving the case. In Pennsylvania, however, there is a much more powerful method for most debt cases: “Preliminary Objections.”

Preliminary Objections are a form of motion to dismiss based on the inadequacy of the pleadings brought against you. PA Rule of Civil Procedure 1019 requires that a plaintiff bringing a lawsuit based on a writing (which every credit card is) must have the contract attached to it or else include allegations in the petition from which the whole sum of money claimed could be derived.

The only catch to Preliminary Objections is that they must be filed before answering the petition or the objections are considered “waived” (let go). If you are in Pennsylvania, then, you should strongly consider getting my Silver Bullets package (for Pennsylvania, obviously). The package also contains an extremely powerful motion to dismiss any claim for “account stated,” which is the way the debt collectors have used to try to avoid Rule 1019.

Demanding a Bill of Particulars in CA Part 2

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Demanding a Bill of Particulars in California

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Special Considerations for California

I often tell people that they might simply deny every allegation of the petition and put the plaintiff to the burden of proving the case. In some jurisdictions, however, a pleading must be “verified.” That is, you must swear to the accuracy of your pleadings – although I don’t know what the consequences of verifying a pleading that later turns out to be untrue are. Very likely, except in unusual circumstances, there are no consequences if you have any basis for denying at all. It seems likely, although I am not completely certain, that California is a jurisdiction requiring verification. Or to put it slightly differently, in many situations verification is required – I don’t know if there are any in which it is not. Check your rules of civil procedure.

Here is the rule:

Code of Civil Procedure section 437 authorizes denials based upon lack of information or belief “If the defendant has no information or belief upon the subject sufficient to enable him to answer an allegation of the complaint,” it is established in this state that denials in this form are limited to situations where the defendant is not able to deny or admit positively. [5a] Accordingly, if the matter is within the defendant’s actual knowledge or by its nature is presumed to be within his knowledge, or if the defendant has the means of ascertaining whether or not it is true, a denial on information and belief or for lack of either will be deemed sham and evasive and may be stricken out or disregarded. (Mulcahy v. Buckley, 100 Cal. 484, 486-489 [35 P. 144]; Bartlett Estate Co. v. Fraser, 11 Cal.App. 373, 375 [105 P. 130]; [242 Cal. App. 2d 792] Zenos v. Britten-Cook Land etc. Co., 75 Cal.App. 299, 304 [242 P. 914]; Goldwater v. Oltman, 210 Cal. 408, 424-425 [292 P. 624, 71 A.L.R. 871]; Dietlin v. General American Life Ins. Co., 4 Cal. 2d 336, 349 [49 P.2d 590]; Zany v. Rawhide Gold Min. Co., 15 Cal.App. 373, 375-376 [114 P. 1026]; Taylor v. Newton, 117 Cal. App. 2d 752, 760 [257 P.2d 68]; Oliver v. Swiss Club Tell, 222 Cal. App. 2d 528, 538-539 [35 Cal.Rptr. 324].) [6] Consistent with this rule, therefore, “if the answer fails otherwise to put in issue the material allegations of the complaint, judgment may be rendered and entered on the pleadings.”

In other words, under some circumstances, you can deny on the basis of lack of knowledge or information,  that might be disregarded if you are presumed by the law to know the truth of the allegation. Whether a person is presumed by the law to know about old credit card bills is not clear. The best solution might be to deny on the basis of lack of information and belief, and then follow up immediately with a demand for a bill of particulars.  If the plaintiff can present you a bill of particulars (unlikely), you might then have to take a second look at the issue.

The Answer and Some Early Defense of Debt Litigation

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Enjoy some Free Time

41 Things You Can Do for Free

A big part of America’s debt problem is systemic – we live in an economic system that exploits people and takes from the poor to give to the rich. However, that’s at the “macro” level. At the individual level, one part of the problem is that we are taught that the only way to be fulfilled or feel valuable is to consume things. To spend. And many people find it difficult to pass a day without spending a lot of money. They can’t think of things to do, and if they do, it may leave them feeling unfulfilled.

Even if you have it to spend, it can be liberating not to do that. It’s important to break that cycle.

Below is a list of things, almost all of which are almost free. Nothing, in a sense, is actually free, since as long as you’re alive you’re burning calories and needing a place to live, and for many, those things cannot be taken for granted. Likewise, electricity and internet bandwidth are negligible for most people these days, but they’re not completely free. But once those things are covered, most of the things below are actually free – or very nearly so – with the one spectacular exception of Six Flags.

I explain the reason for its inclusion below, and that reasoning would also perhaps apply to many types of memberships. I would caution you against too many things like that, though, because they do imply an expense that can be quite substantial. Six Flags, as I point out, is NOT free even in the scenario I posit. We do like to keep the expense of any one trip to a minimum, however, and that can be basically free.

My list does not include some items many people’s lists do include, things like watching television in your man-cave or window-shopping at Saks Fifth Avenue or the like. That’s because these things are first cousins to expense, and they are indulgences that will likely eventually lead to your feeling the need to buy stuff. They’re a part of our consumption-based culture, and they imply the previous purchase of expensive things, or the envy or admiration of others who have expensive things. My list is designed to take you out of the consumption-oriented world and to a simpler, truly less expensive place.

Free Things

  1. Spend time with your children. They only stay young for a while – heck, YOU only stay young for a while. Enjoy the time you have with the ones most precious to you.
  2. Spend time with other children. See the above. Children have such an amazing gift to give. Did you know that most adults don’t ever really look at children? I mean, as in, seriously paying attention to them. If you do, it’s like shining a bright light into their life – they instantly notice and almost always reward you spectacularly. Look at them in the eyes and hold the look when they notice. Do something funny and see what happens.
  3. We have a free zoo, and it’s hard to beat that for both animal and people-watching.
  4. Walk down train tracks. Don’t you think there’s something really romantic about trains? Maybe it’s the thunder, maybe the rhythm, but for me, watching a moving train is exciting. Walking along the tracks makes me think of all the places I’ve been or could go.
  5. Go to the gym. It’s a nice way to spend a couple of hours, and then you get the endorphin rush and long-term health benefits, too. My gym costs me $150 for two years, so – not free, but pretty inexpensive.
  6. Paint a picture, or draw one. If you try to draw something and get it right, you will notice how much you have to focus in order to do it. It’s pleasing, you forget yourself, and actually – anybody can do it.
  7. Write a story. Kind of like painting a picture. You might think it takes talent to do this, and to some extent you might be right – but maybe you have the talent, and even if you don’t, it can be fun.
  8. Have a campfire. If you’re near a place where you can do that, it’s hard to beat, sometimes.
  9. Go for a long walk. Everybody thinks of this, but you could actually do it.
  10. Create a page on Pinterest and start pinning things you like.
  11. Make a list of things you like that are free. It doesn’t cost anything, and it reminds you of things that make you feel better.
  12. Pet your dog or cat. They love it – as much as you can stand. And that’s why you have them.
  13. Call your mom or dad. Talk to them and tell you how you’re really doing. Ask them how they are.
  14. Write an old-fashioned snail mail letter. Technically not free if you send it, but very, very inexpensive! And people love to get personal mail.
  15. Write an email. Free, but not as special in my opinion. On the other hand, it is instant gratification and is more likely to stimulate a quick response.
  16. Google something freaky and read all about it.
  17. Bring up the latest freaky thing you googled in a conversation and impress your friends.
  18. Start a blog. You can write about the freaky things you google. That would probably gain you a cult following.
  19. Do a Youtube video. It isn’t hard. You can do a video with your phone, edit it on your computer, and upload to a free Youtube site.
  20. Get up really early. Other people like to mention naps, and I considered them and including going to bed early in this list, and those things have their place, but what about getting up early and watching the sunrise? That’s pretty cool. If you get up early enough, you can hear the birds start to sing. Do you know that birds either are dinosaurs or closely related to them? They’ve been around a very, very long time!
  21. Make some art out of stuff you found.
  22. Teach a child to read. There’s nothing in the world like opening up someone else’s world. Or you could teach them other stuff.
  23. Enjoy a cup of tea in silence. Technically not free, but again, very, very inexpensive! And it’s one of the great simple pleasures. There is joy in silence. You DON’T always have to be hooked in.
  24. Organize something that needs organization. For me, there are always a lot of things I could do along these lines, but for some it might be harder to find things that need organizing.
  25. Join a Meet-up group. Do you know that there are people getting together and doing just about anything you can think of? They aren’t free to organize, but they’re usually free to attend.
  26. Go to a high school football, soccer, basketball, or tennis game. It’s actually fun even if you don’t care who wins. You might see someone you know, and it’s cool to watch people really trying hard to do well.
  27. Go to a college music recital. My son plays piano, and twice a year all the students of his teacher put on a recital as part of their musical development. It is amazing. First, it’s incredible to watch people trying hard to do anything, and second, the level of talent that’s all around us is one of those miracles we don’t pay much attention to. But we should. And the music is beautiful and probably not what you listen to most of the time. Music recitals are different than art openings or shows, by the way. Something about performance.
  28. Do something that you do really well. A lot of times we learn how to do stuff and then we move on. But whatever you’re good at, do more.
  29. Do something you’re really bad at. Give yourself permission to try something new. You know, with practice you could probably do it really well. Give yourself the freedom to consider that.
  30. Get a library card and use it. Libraries have so much stuff! We had to make more use of libraries because my son can read so fast – he reads five times as fast as I do, and there’s no way to buy him books. He’s done by the time we get out of the bookstore half of the time. But he can check out ten books at a time if he wants, and that will keep him busy for a week. I might even get one myself. Plus there are movies there, too, sometimes.
  31. Play a card game or board game. Don’t gamble because that involves money. Enjoy the game itself.
  32. Read a book. This can be free at the library, and there are also a lot of free things on Kindle or the internet more generally. At the library, you can walk around and look at dozens of books before you choose one. It’s amazing how big the world is. And then you choose one, and you will spend hours doing something that’s good for you, pleasurable, and free. Even if you went to a bookstore and bought one, it would still be very inexpensive per hour of enjoyment.
  33. Get a season pass to Six Flags. This is not free, not even close, really, except for this: if you buy it at the right time, you can get a whole season pass, plus parking for the season, for the same or even less than you’d spend on a single day pass. If you do it that way, it’s a great bargain, and by the time you’ve been there three or four times, it starts to feel free. Riding a roller coaster is one of the great thrills of our childhood. I’ve discovered that they’re still a lot of fun.
  34. Spend all morning in bed with your sweetheart. It’s almost too obvious to mention, isn’t it? But they’re our lovers for a reason. Taking the time with them is one of the great things we can forget about in all the hustle and bustle of life.
  35. Walk in the park on a summer evening. Listen to the sounds. Or walk in the winter and listen – really listen – to the silence. With many billion people on the planet, how can things feel so quiet an alone? Amazing.
  36. Make popcorn. Technically, not free, but you’re rarely going to create debt problems based on a popcorn habit. If you control the amount of salt and oil, it isn’t bad for you at all.
  37. Plant a garden. Watch the expenses on this! But if you stay moderate, this is mostly free and eventually pays off. I like herbs like basil, peppermint and rosemary, all of which are easy to grow, and tomatoes and beans, which are both cheap and pretty easy.
  38. Publish a story on Kindle. I’m not saying it’s important to publish or sell anything. I’m saying you could, and it’s free. It can open up a whole new can of worms for you.
  39. Volunteer to help with old people. People in nursing homes can get so lonely, and spending time at an old folk’s home can be humbling and invigorating at the same time. It will make you think twice about a lot of things.
  40. Learn your rights. This is not a product promotion, but you are invited to watch videos and read articles on my site. If you have debt problems at all, you will find interesting reading. If you don’t have debt problems but are interested in the legal system, you will also find interesting reading. And if you’re interested in something else, just do a search and find a site with info that will be interesting to you. Go there.
  41. Listen to an old time radio show. Do you know that there are thousands of old-time radio shows free to be had in the form of mp3 downloads? Back in the 1920s through 40s, before television really got big, radio shows were a major form of entertainment, and a lot of them were pretty great. Our favorite is the Adventures of Sam Spade, Detective. These shows were always witty and had great action and drama. My mother loved them as a child, and it was a nightly ritual for me as a kid to listen to radio theater too (already old and mostly gone then). Now my son listens to a show almost every night, too.

Talking with Debt Collectors – Periscope

Our Periscope Scopes (on Youtube)

 

The first one: Talking with Debt Collectors