Wednesday, July 23, 2008

Civil summons. What should I do?

Judgement Civil Summons
Question: I received a Civil Summons for a Judgement brought against me from a credit card company. The Collection company is out of Kansas. The collection company is going through an attorney in Tucson, AZ. I live in Phoenix, AZ. What should I do?

Answer: What should you do? Respond to the court summons then learn to fight back by taking advantage of their mistakes and violations of federal law. It is the only way to win. You owe them money for your mistake of not paying when due and they want you to pay dearly for that mistake yet they make mistakes all the time and think nothing of it. Of course they want you to think nothing of their mistakes either. Never mind our mistakes it is your mistakes we are worried about they say. Its not fair that you accepted their money, goods or services and don't pay it back. That's their argument and of course we all know that it is a valid argument that the judge will accept and therefore rule in their favor. Of course we should have paid them and we would have if we could but we just didn't have the money to keep up with their demands. We didn't just go out and deliberately run up bills we knew we couldn't pay. Something unforseen happened and we had no choice but to default.

Now they have filed a lawsuit which will end up as a judgment against you and from there it will go into a garnishment which they will use to take up to 25% of each paycheck or go garnish your bank account or maybe even go to your home and grab up any valuables they can find. They will do anything the law allows them to do to get their money.

Things are already tough for you. Its costing more and more to heat and cool your home, buy the gasoline you need to get to work or the store or other places you have to go as well as food and other essentials getting more and more expensive every day. You are barely getting by now so what will you do with 25% less money than you have now? How will you make it? Hold garage sales and sell off everything you can possibly do with out? That's not going to get the job done and you already know that. Or will you go get another job and see them take 25% of your second job too? The second job will most likely pay less than your first job and with gasoline costing what it does today and going up and up daily you won't gain a thing from that second job.

I can't see any alternative but to learn how to fight back and win by using their mistakes against them just as they are using your mistakes
against you. Can you think of any other alternative other than just putting up with it? If so I'd like to know what other options there are too. After all, there might come a time in the future when I might be faced with the same problem you are today but I'll have the knowledge and the skills needed to fight back and make them pay me instead of the other way around.

When the wolf comes to my door which I firmly believe he will do sooner or later he is going to have to bring an awfully big picnic basket with him. First of all I'll be recording every howl he lets out. I'll demand that he validate his claim right away. When he turns his claim over to a lawyer he will suddenly find himself trying to explain to a federal judge why he did all the things he did that he wasn't supposed to do and then when his friend the shark (Lawyer)tries to take a bite out of my hide he will also find himself explaining the same kinds of things to a federal judge.

I'm not worried about my ability to catch them making mistakes. The problem they have is that there are so many ways they can break the law that it is almost impossible for them to attempt to collect a debt without breaking the law one way or another. I'll catch them every time and make them pay before they get to the point of making me pay and I'll use the law against them.

I'm not an original genius. I'm just an average old man so if I can do it so can you. I can't give you legal advice but I can teach you what I know. I can't fix your credit for you because I'm not a credit repair expert and I don't fix anybody's credit but I can teach you what I know and if you use that knowledge to get you out of the fix your are in then more power to you. And if you decide you aren't going to take this lying down you will probably end up teaching me some things I didn't know too. That's just the way it works. I don't think I've ever had a student who didn't teach me something or other and I've had a lot of students over the years.

So what should you do? I think you should learn how to fight them off instead of just taking it on the chin.


Bill Bauer
405-684-9297
405-227-9423

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