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https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 02:12:182018-10-04 17:23:04Rule against Hearsay – Your Best Weapon against Debt Collectors
The following is an email from a user of the Litigation materials. This customer used our materials to file a response, discovery, and to respond to a motion for summary judgment. She was ready for trial, but the debt collector gave up rather than fight at that point.
Dear Ken,
Thanks to you and your informative materials and website, we scared off the Debt Buyer, Midland Funding! Today was my day in court and guess what? The attorney for the Plaintiff, Midland Funding, did not show up. The judge had a shocked look on his face, because I am guessing, this was not normal for the court. I made a motion to dismiss, and it was granted.
After buying your Debt Defense System, and listening to your conference calls, plus watching and listening to the videos and articles on the website, I was armed with enough knowledge to do what needed to be done. Serving discovery, including request for production of documents and interrogatories and then responding to their Motion for Summary Judgment, and then the coup de grace, the Plaintiff actually withdrawing their motion for summary judgment, gave me the courage and skills to face them head on.
Most people today have debt problems and are facing harassment and possibly default judgments. EVERYONE should arm themselves with your material.
I will highly recommend your website and materials to everyone.
THANK YOU!!!!
Joanna McConnell
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:49:532018-10-04 17:28:33Testimonial from Joanna
What you should do if you’re worried about bills or debt collectors – real help for real people
In this article we’re briefly going to jump right in – actually all the way in – to the topic of debt collection. That’s because I want you to know, in a solid, specific way, why you have such a good chance to win if you get sued by a debt collector. You’ll see that by the time we finish this video.
There’s much more to learn, of course, and we’re even going to go back and fill in a few of the gaps from today’s discussion, but for now I want to show you that defending yourself from debt collectors isn’t – and doesn’t need to be – magical in any way. There are no secret methods here, no weird or bizarre tricks like writing things at angles or declaring that your mother sold you into slavery when she signed your birth certificate. There’s just knowing who the debt collectors are and how they operate, and knowing what to do about that in court.
Anybody can do it. Really. And if you do it, you will probably win your case.
Now before I get started, I want to tell you a little bit about lawyer-speak. I do that sometimes, and I want you to know how to take it. For example, I said above that if you understand what I’m about to tell you and do it right, you will “probably” win your case. Against almost all debt collectors and except in rare situations, I mean that you absolutely should win your case. But… nothing in legal life is guaranteed. It’s drilled into us in law school and later in practice that unexpected things happen, and people do wrong – they don’t know something, pay attention, or care sometimes when they should. That stuff happens, we all know it does, and it’s why I say things like “probably” when other people might sound more certain. I have a habit of speaking more precisely. Marketing and advertising is usually the opposite of that. So don’t worry – I wouldn’t tell you stuff if I didn’t think the chances were overwhelming that it would do you good. See that? I did it again! And I’ll probably do it all through these videos and articles. Don’t worry about that.
Okay, so you didn’t know it, but we were talking about what’s called the “Rule against Hearsay.”
That’s what’s called a “rule of evidence.” Rules of evidence control what a court is allowed to consider in rendering its decision. In debt collection cases, this is absolutely critical. I estimate that fully 95% or more of every debt collection case that actually goes to trial or is resolved on motion for summary judgment, will be determined by the way the rules of evidence are applied.
We’ll go into this in more detail later. For now, I want you to understand that courts are allowed to consider only evidence given under oath in court – unless there’s a specific rule that would allow something else to be considered. Think about it – among other things, that means that business records are not allowed – because they’re not evidence given under oath in court – unless there’s a specific rule that would allow them in.
The rule that debt collectors use is the “business records exception” (to the rule against hearsay). That rule is slightly different in different places, but it always requires someone who is familiar with the way records are kept to testify to certain specific things. And DEBT COLLECTORS ALMOST NEVER CAN TESTIFY TO THE WAY RECORDS WERE KEPT BY THE ORIGINAL CREDITORS. That means that if you object and know what to say, the debt collectors can virtually never get their most important evidence in front of the court. They must lose their case then, and you must win.
We’ll talk more about the specifics later, but bear in mind that debt collectors buy vast quantities of debt at a time, and they so rarely need effective affidavits from the original creditors that they really essentially never get them. They probably won’t have them in your case, and won’t be able to get them, either. If you know how to object and (1) invoke the rule against hearsay and (2) point out their inability to follow the business records exception, you should be able to win your case.
Sometimes judges aren’t ready to listen to you, and we’ll talk about that in a later video, too. But for now: learn how to use the rule against hearsay, and you should win your case. No magic. Just the rules of evidences as they SHOULD be applied.
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:44:072018-10-04 17:33:04Why you should Win if Sued for Debt
Find the rules that will apply to your case, learn them, and follow them even if you have good reason to think you could get away without doing that. That’s because it’s the debt collectors who need the court to “relax” (ignore) certain rules, and there’s a risk that a court that gives you a break on some procedure ALSO gives the debt collector a break on the rules of evidence.
That’s what you don’t want.
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:40:172018-10-04 17:37:25The Rules – Your Anchor to Justice – Learn and Follow Them
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:33:112018-10-04 17:43:07Worried about Debt? You Are Not Alone
Why people don’t do the things they need to do. Procrastination is murder in debt defense, where you often have only a few days to respond to a suit. And over the longer haul, debt is a problem that tends to get worse. Why don’t people do whatever is necessary to protect themselves? Maybe you just need a little extra motivation.
<
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:22:532018-10-04 17:50:13Get Hopping – Defend Yourself when Sued for Debt
When it comes to talking with debt collectors, Silence is Usually Golden.
The biggest risk you face when dealing with debt collectors – especially when sued for debt – is that you will do or say something wrong. Be careful when talking to debt collectors, and know that anything you say could come back to haunt.
But if you have something it is in your interest to say, then say it – and hang up afterwards.
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:20:492018-10-04 17:55:06Doing Things Right When Sued or Threatened with Debt Suit
Debt collectors and their lawyers are not, of course, all the same, but the process of litigation, and the relationship between debt buyers and the people they’re chasing for money are pretty similar. It will help you to know the nature of the beast that is debt law.
Debt Collectors and Debt Law – The Nature of the Beast
What you’re facing when you take on the debt collectors
<
This video was originally part of a tutorial on what people facing debt trouble should do.
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:17:262018-10-04 17:59:27The Nature of the Debt Collection Beast
https://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webp00Ken Giberthttps://yourlegallegup.com/wp-content/uploads/2025/04/logo-208x300.webpKen Gibert2018-06-16 01:08:312018-10-04 18:41:45For People Sued or Threatened with Debt Suit
Rule against Hearsay – Your Best Weapon against Debt Collectors
Hey there! This content is available to MEMBERS only! Consider registering for an account.
Testimonial from Joanna
Notes from a User of the Litigation Materials
The following is an email from a user of the Litigation materials. This customer used our materials to file a response, discovery, and to respond to a motion for summary judgment. She was ready for trial, but the debt collector gave up rather than fight at that point.
Dear Ken,
Thanks to you and your informative materials and website, we scared off the Debt Buyer, Midland Funding! Today was my day in court and guess what? The attorney for the Plaintiff, Midland Funding, did not show up. The judge had a shocked look on his face, because I am guessing, this was not normal for the court. I made a motion to dismiss, and it was granted.
After buying your Debt Defense System, and listening to your conference calls, plus watching and listening to the videos and articles on the website, I was armed with enough knowledge to do what needed to be done. Serving discovery, including request for production of documents and interrogatories and then responding to their Motion for Summary Judgment, and then the coup de grace, the Plaintiff actually withdrawing their motion for summary judgment, gave me the courage and skills to face them head on.
Most people today have debt problems and are facing harassment and possibly default judgments. EVERYONE should arm themselves with your material.
I will highly recommend your website and materials to everyone.
THANK YOU!!!!
Joanna McConnell
Why you should Win if Sued for Debt
What you should do if you’re worried about bills or debt collectors – real help for real people
In this article we’re briefly going to jump right in – actually all the way in – to the topic of debt collection. That’s because I want you to know, in a solid, specific way, why you have such a good chance to win if you get sued by a debt collector. You’ll see that by the time we finish this video.
There’s much more to learn, of course, and we’re even going to go back and fill in a few of the gaps from today’s discussion, but for now I want to show you that defending yourself from debt collectors isn’t – and doesn’t need to be – magical in any way. There are no secret methods here, no weird or bizarre tricks like writing things at angles or declaring that your mother sold you into slavery when she signed your birth certificate. There’s just knowing who the debt collectors are and how they operate, and knowing what to do about that in court.
Anybody can do it. Really. And if you do it, you will probably win your case.
Now before I get started, I want to tell you a little bit about lawyer-speak. I do that sometimes, and I want you to know how to take it. For example, I said above that if you understand what I’m about to tell you and do it right, you will “probably” win your case. Against almost all debt collectors and except in rare situations, I mean that you absolutely should win your case. But… nothing in legal life is guaranteed. It’s drilled into us in law school and later in practice that unexpected things happen, and people do wrong – they don’t know something, pay attention, or care sometimes when they should. That stuff happens, we all know it does, and it’s why I say things like “probably” when other people might sound more certain. I have a habit of speaking more precisely. Marketing and advertising is usually the opposite of that. So don’t worry – I wouldn’t tell you stuff if I didn’t think the chances were overwhelming that it would do you good. See that? I did it again! And I’ll probably do it all through these videos and articles. Don’t worry about that.
Okay, so you didn’t know it, but we were talking about what’s called the “Rule against Hearsay.”
That’s what’s called a “rule of evidence.” Rules of evidence control what a court is allowed to consider in rendering its decision. In debt collection cases, this is absolutely critical. I estimate that fully 95% or more of every debt collection case that actually goes to trial or is resolved on motion for summary judgment, will be determined by the way the rules of evidence are applied.
We’ll go into this in more detail later. For now, I want you to understand that courts are allowed to consider only evidence given under oath in court – unless there’s a specific rule that would allow something else to be considered. Think about it – among other things, that means that business records are not allowed – because they’re not evidence given under oath in court – unless there’s a specific rule that would allow them in.
The rule that debt collectors use is the “business records exception” (to the rule against hearsay). That rule is slightly different in different places, but it always requires someone who is familiar with the way records are kept to testify to certain specific things. And DEBT COLLECTORS ALMOST NEVER CAN TESTIFY TO THE WAY RECORDS WERE KEPT BY THE ORIGINAL CREDITORS. That means that if you object and know what to say, the debt collectors can virtually never get their most important evidence in front of the court. They must lose their case then, and you must win.
We’ll talk more about the specifics later, but bear in mind that debt collectors buy vast quantities of debt at a time, and they so rarely need effective affidavits from the original creditors that they really essentially never get them. They probably won’t have them in your case, and won’t be able to get them, either. If you know how to object and (1) invoke the rule against hearsay and (2) point out their inability to follow the business records exception, you should be able to win your case.
Sometimes judges aren’t ready to listen to you, and we’ll talk about that in a later video, too. But for now: learn how to use the rule against hearsay, and you should win your case. No magic. Just the rules of evidences as they SHOULD be applied.
The Rules – Your Anchor to Justice – Learn and Follow Them
Find the rules that will apply to your case, learn them, and follow them even if you have good reason to think you could get away without doing that. That’s because it’s the debt collectors who need the court to “relax” (ignore) certain rules, and there’s a risk that a court that gives you a break on some procedure ALSO gives the debt collector a break on the rules of evidence.
That’s what you don’t want.
Worried about Debt? You Are Not Alone
Sample Debt Dispute Letter
Hey there! This content is available to MEMBERS only! Consider registering for an account.
Get Hopping – Defend Yourself when Sued for Debt
Why people don’t do the things they need to do. Procrastination is murder in debt defense, where you often have only a few days to respond to a suit. And over the longer haul, debt is a problem that tends to get worse. Why don’t people do whatever is necessary to protect themselves? Maybe you just need a little extra motivation.
<
Doing Things Right When Sued or Threatened with Debt Suit
When it comes to talking with debt collectors, Silence is Usually Golden.
The biggest risk you face when dealing with debt collectors – especially when sued for debt – is that you will do or say something wrong. Be careful when talking to debt collectors, and know that anything you say could come back to haunt.
But if you have something it is in your interest to say, then say it – and hang up afterwards.
The Nature of the Debt Collection Beast
Debt collectors and their lawyers are not, of course, all the same, but the process of litigation, and the relationship between debt buyers and the people they’re chasing for money are pretty similar. It will help you to know the nature of the beast that is debt law.
Debt Collectors and Debt Law – The Nature of the Beast
What you’re facing when you take on the debt collectors
<
This video was originally part of a tutorial on what people facing debt trouble should do.
For People Sued or Threatened with Debt Suit