December 2012

It has again been longer than I intended since the last issue of the newsletter, but there’s light at the end of this tunnel, as automation and improvement come slowly but surely to the site. In addition to increasing the efficiency of product and membership benefits delivery, there will soon be a new system for delivering newsletters, and the newsletters themselves, rather than just the links to them, will be sent to your mailbox.

Meanwhile, the Third Edition of the Litigation Manual is out – if you have purchased the Litigation Bundle in the past and would like a free copy of the new version of the Manual, just let me know at

In this Issue of Fightdebt! our featured video is the second of two videos discussing motions to dismiss. These are not primarily an advertisement for the new product, but rather are designed to show people the difference between the types of motions to dismiss they could encounter. I am working on this because important rights can be waived if they aren’t addressed by a motion to dismiss before fiing an Answer. Historically my materials haven’t focused on this sort of attack.

The Question of the Month relates to whether or not you are being sued by the original creditor when the Original Creditor is the named plaintiff.

In Life after Litigation we look at a credit repair again. Secured Credit Cards.

The Litigation Technique article discusses the Statute of Frauds, which is the rule (adopted in some form by every jurisdiction of which I am aware) requiring that contracts above a certain size or expected to last beyond a certain amount of time, be in writing. This could have a direct impact on your case in some situations, but it could also determine whether or not you have actually settled a case when you think you have. To read that article, click Statute of Frauds.

The Scam Report, addresses a new scam by the debt collectors – a bogus “settlement” letter where the debt collector spends a whole page talking about how much you owe, what the consequences of non-payment could be, and how wonderful it would be, and how relieved you will feel, if you just settle the debt with them – an act which “might” cause the original creditor to give you new credit… And then in the tiny small print below they admit that the debt is past the statute of limitations and they couldn’t sue you anyway. (Thanks, Danny, for bringing this one to my attention).