The Debt Debt Defense Defense Workbook Workbook Larry Disparti, T h o m a s Hargreaves and Vince Kha Larry Disparti, T h o m a s Hargreaves and Vince Khan YOUR STEP STEP STEP STEP By By GUIDE GUIDE To Stopping To Stopping Debt Collectors Debt Collectors $ DDP DDP $ DebtDefensePrograms DebtDefensePrograms
Debt Defense Program Workbook 01
What to do when the debt collector calls you. Questions to ask on phone calls to determine who the caller really is: W H A T IS Their NAME? Their COMPANY s NAME? Their COMPANY s PHONE NUMBER? Their PHONE NUMBER? Their SOCIAL SECURITY NUMBER? For the record, what is the claim you have against me? -Are you the original creditor? -Are you the holder in Due Course and a Real Party of Interest on this debt? -Has the debt been written off by the original lender or legal creditor? If they refuse to give you their social security number, reply: I just need to know you are who you say you are. In the event that we end up in court, I don t want to sue the wrong person. Before we can proceed with this conversation, please mail me a copy of your driver s license. Also, please send me a copy of the bill of transfer that documents the formal transfer of the debt to you or your organization. Under Uniform Commercial Code, the transfer of a promissory note will need to be formally endorsed and assigned on a document with my wet ink signature. I will need to see this too. I also need a sworn affidavit from an employee of the original creditor who has first hand knowledge of my debt swearing to the fact that the debt was never written off as a bad debt and that the debt has been formally sold and transferred to you. If you cannot comply with these requests, I demand that you stop calling me under the Fair Debt Collections Practices Act. 02
What To Do While You Have A Debt Collector On The Phone Say: I would be happy to settle the debt with you. First, I need to know that you are not a scammer trying to shake me down. Respond to any questions from a debt collector with another question. If pushed, say: I don t have to tell you that. Don t Do - Never Tell Them You Have Money - Never Tell Them You Are Employed - Never Tell Them Who or Where You Work for - Never Admit the Debt or That You Owe the Debt. EVER. (Remember, it is their job to prove it, don t make it easy for them) - Just don t give them a shred of information. You have the right to remain silent. Anything you say can and will be used against you. - Ask For Their Personal Information - Ask for their address - Ask Them to Verify The Debt - Ask Them for the Attorney s BAR number (if they say they are calling from the legal department) - Ask them for their Social Security Number and their Employee Number - Ask to see a copy of the contract - Ask to see the bill of transfer to prove the debt - Ask for proof that the debt has not been charged off. Remember * Falling behind on your bills is not a crime. It is illegal for the debt collector to threaten to use force or have you arrested. * You have the right to require that everything be done in writing. * You have the right to require that they verify the debt. * You have the right to demand that they stop communicating with you 03
You May Want Them To Call You! Remember, under the Telephone Consumer Protections Act, any phone calls made through an autodialer to a consumer s cell phone without a prior business relationship is a Federal Code violation worth $500 per call. So. You might decide you want them to call you. If so, be sure to document when these calls happen in your affidavit. However, if you decide this is too much trouble, you have the right to insist they cease communicating with you. If you do not want them to call you anymore, then say: Under the Fair Debt Collections Practices Act, I am notifying you to cease communicating with me. 04
Remember, when you join our Coaching Program: We can show you how to sue your Debt Collector for violations in the Fair Debt Collections Practices Act as well as the Telephone Consumer Protections Act and how to collect money from your Debt Collector. OR With your evidence in hand, you can simply give your case to Larry s team and have them sue the debt collector on your behalf with ZERO OUT OF POCKET. For more information on our coaching program, come to: http:///coaching 05
SIGNATURE The following copies should be mailed to you if they are a legitimate creditor: bill of transfer moving ownership of the loan to their name (if it is not the original creditor) Driver s License original contract or promissory note with your signature After the phone call write: Write your recollection of the call and any abusive language or violations committed. Date and Time of Call Title it: Sworn Affidavit by [YOUR NAME]? SIGNATURE Who you spoke to sign it in ink better yet, sign it in ink before a Notary Public Document Everything. Make an affidavit of each violation after each call. One affidavit per call. On the next page is a sample affidavit. Make several copies of this. Fill out one affidavit per call, be sure to note any violations of the Fair Debt Collections Practices Act and whether it is on your cell phone. Get the complete FREE guide on how to make debt collectors go away. Discover the dirty little secret they don't want you to know. http:// 06
Sworn Affidavit By I am over the age of 18 and of competent mind. I hereby swear under penalty of perjury the following: I received a phone call from: On: (date) at (time) Who has identified him/herself as a debt collector. During the call the debt collector said the following: I hereby swear under oath that the above is true, this the day of, 20. Signature NOTARY PUBLIC 07
Memorize the Fair Debt Collections Practices Act: (1) They must not use or threaten the use of violence or other criminal means to harm you, your reputation, or your property. (2) They may not use obscene or profane language against you. 3) They cannot make any false representation or implication that they are part of the government or are vouched for by the government. 4) They cannot make any false representation of the amount or the legal status of the debt. 5) They cannot charge you any additional fees in the collection of the debt. 6) They cannot make any false representation or implication that they are an attorney or that any communication is from an attorney (if they are not). 7) They cannot threaten or imply that nonpayment of any debt will result in arrest or imprisonment. Or threaten to seize your property or garnish your wage without a lawful order from the court if they have no intention of following through. 8) They cannot imply and represent that you have committed a crime because you are unable to pay the debt or disgrace you. 9) They cannot provide any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 10) They cannot use any business, company, or organization name other than the true name of the debt collector s business, company, or organization. 11) They must disclose to you in all written or oral communication that they are attempting to collect a debt and that any information obtained will be used for that purpose. Below are a couple of pages of your debt collector call log. Note in the call log if and when the debt collector has violated any of these laws. Name of Company Calling Date of Call Time of Call Caller ID Phone # Name of the Person Calling Debt Collector Call Log List of coments of what was said See next page for the complete form. After each call, fill in the call log and, if a law has been broken, fill in the sworn affidavit. 08
List of comments, and what was said Call Was Made to Cell Phone List of comments, and what was said Call Was Made to Cell Phone List of comments, and what was said Call Was Made to Cell Phone List of comments, and what was said Call Was Made to Cell Phone 09
List of comments, and what was said Call Was Made to Cell Phone List of comments, and what was said Call Was Made to Cell Phone List of comments, and what was said Call Was Made to Cell Phone List of comments, and what was said Call Was Made to Cell Phone 10
What to do if a debt collector sues you. Find a Request for Admissions and Request for Production of Documents sample from the internet (preferably for your State). Google Rules of Civil Procedure for [your State]. Download this. Rules of Civil Procedure for Florida Read and familiarize yourself with the section for Request for Admissions and Request for Production of Documents. 11
Fill out the Request for Production of Documents. And ask for the following: Chain of Assignment with an endorsement as required under UCC for the debt ENDORSE CHECK HERE A copy of the original contract with your signature in it. DO NOT WRITE, STAMP OR SIGN BELOW THIS LINE A sworn affidavit from an employee of the original creditor who can testify with first hand knowledge that states: The debt was sold to the Plaintiff. The Original Creditor has not taken a tax writeoff against the debt. 12
http:///coaching Fill out the Request for Admissions. Be sure to follow your State s Rules of Civil Procedure carefully. Be sure to include the following admissions. The Plaintiff bought information about the debt from the original creditor but the actual title of debt was never transferred to the Plaintiff. Admit or Deny. The Plaintiff is not the Real Party of Interest and is attempting to collect a debt that they have no real ownership in. Admit or Deny. The Original Creditor took a tax write off for the debt and received tax credit to offset against future profits. Admit or Deny. The Plaintiff knew that the Original Creditor has already written off the debt and can no longer collect on the debt. The Plaintiff is representing that they own the debt under false pretense to collect a debt they have no interest in. Admit or Deny. Send both The Request for Production of Documents and the Request for Admission to the Court. Send a second set of copies to the Debt Collector s Attorney. Always use certified mail so you know your paperwork is received by both. 13
Whenever you find yourself in court with the debt collector s attorney and not the original creditor, memorize the following: Whenever the attorney tries to make any statements as facts, say: Objection Your Honor. Counsel has no firsthand knowledge of the fact. Her statement is hearsay and has to be struck from the records. Whenever the attorney or Judge tries to bait you into admitting any facts, say: I Don t Recall. 14
How to Collect Big Bucks From Debt Collectors It is not only enough that we stop debt collectors. Let s make them pay so they cannot harm others. Step 1. Gather Evidence to Support Your Case. All phone calls Date/Time Who you spoke to What laws they broke How many calls were made. Step 2. Decide Whether to Sue OR Do It On Your Own Have an Attorney Do It For You 15
Step 3 Join The Debt Defense Coaching Program http:///coaching Let us introduce you to an attorney who can sue the debt collectors with ZERO OUT OF POCKET. The attorney gets paid when the case settles or when you win. Step 4. Sit back and watch the debt collector cringe. Let them have a taste of their own medicine. To download the complete guide on how to make debt collectors go away for free, come to: http://www.debtdefenseguidebook.com 16