Hey Earth Angel... aka John 😇 I seriously hope you know you are loved by us strangers caught in a web of hell on earth called debt buyers collections. I recently found you and listened... sometimes repeatedly to same videos... I wrote down my speech with your words 😊 you've taught me what I needed. Walked in yesterday with not only a defense, but feeling like a badass and it worked! After 4 court dates over 3 yrs, going around in circles with their take advantage, feeling like shit, always playing me game, I shut them up. Only took minutes..straight to the point. Attorney even commented Ive been talking to someone:) They withdrew on the spot, dismissed case. So funny because they even made it seem that they were doing me a favor but I saw right through it thanks to you. The best part was when they kept repeating as an exchange that I will not sue them in the future. Btw affidavits weren't even notarized lol
First and foremost, id like to say Thank You!!! By providing this content for free and available to public is truly insurmountable. May god bless you and your firm.
John it always cracks me up when you say, "To the one person who stuck with me through this"😂😂 I'm with you brother! Thank you for all of the VERY thorough explaining you do. If a person just stick with it and keeps learning it all comes together
This is very helpful to me. I was turned down by free counsel today (because the lawyer had already reached his grant amount in how many clients he can represent), so these videos are helping me in my preparation. They are a wealth of information. Anyone currently being sued by a debt buyer, this is where you need to be to give you some confidence to offset the knocking knees when you go before the judge, in person or via zoom. I feel good enough for part 2 of my trial coming soon. It won't be the last part unless the judge is sick of the Plaintiff's dodging.
I have been in difficult times for a long time, this is a stressful event (lawsuit) for me. I have been kicking and screaming along the way ( methaphoracly), and it has worked, when i need an answer as to "how to..." you come out with a video to answer that ...Anyway, thanks, and i hope god keeps you and your family healthy n safe. From CA.
If the purchase agreement is not produced, must the court draw the adverse inference, that no such purchase agreement exists, and the debt buyer does not own the debt?
Even IF you had the purchase agreement, the seller could not sell more rights to the buyer than the seller owns. Often times remedies are built right into contracts. How do we know which remedies were evan available to be sold without the origional contract?
The terms and conditions of the contracts for credit card agreements are online. They all give the right to sue or more accurately none of them take away the right to sue by the original creditor. Other contracts could limit the rights/remedies as you pointed out. But they need to prove what the contract says. Then you need each and every purchase agreement. Its a mess for these debt buyers as they want to skip the hard work of proving things. :) John
I appreciate all the information pertaining to lawsuits of portfolio recovery assoc. Very awesome informative and helpful for me and i feel I am going to win my case Pro Sè knowing more about what to say in court. It’s intimidating but I have renewed confidence hearing all of your important information. It is so valuable to me. Muchas gracias from New Mexìco.
LVNVs attorney sent me a bill of sale showing that that they purchased a debt but there's no purchase price. I found that because when you purchase a vehicle, the bill of sale usually has a purchase price/amount that it was purchased for🤔
@@shannahighsmith1179 you'd need to build a case in whatever law applies. Any facet of law will require you to prove your case even as a Defendant. So if you're making claims about what they paid but don't know how much or and other information, you need to build your case accordingly
Thanks for another Great Educational Video. when I received the answer to my Production of documents request there is a letter from the original creditor saying my debt was aquired by MCM. I do not remember getting this letter and looks like something that was just made from a Word Document, it is not signed by a person says just Sincerely, Original creditor. so would the argument be that I do not need a letter from the original creditor saying that the plantiff aquired the debt, I need to see the actual purchase agreement stating that the plantiff aquired the debt?
What if the debt collector send you a purchase agreement from the original creditor and a couple of statements alone with your court summons. But the current debt collector name is not on any of those pages/paper?
Don't they buy bad debt in bulk? If so, can't they just say your account was included in this purchase I got an email from my original creditor that states my account was sold to xyz collection and thet will be servicing my account. Can't they produce that same email?
I had a judge ordered mediation call last week and when asked the debt collectors lawyer said that they will not send me the purchase agreement and they do not intend to bring it to court because the bill of sale should be enough.
Have to know what your judge believes is enough. The judges I have tried cases in front of believe the purchase agreement is required. But what they are telling you is 100% the way all of my trials have gone with one exception. I had one debt buyer produce the purchase agreement in 15 years of handling these cases.... So you can feel confident they are telling you the truth and then plan accordingly for them to NOT have the purchase agreement. Best wishes John
Its not so much that they make them produce it -- it is that (in my opinion) the debt buyer can NOT prove its case withOUT the purchase agreement. So we object to the bill of sale (see today's video going up in a moment) as it refers to the purchase agreement. The judge says, "Where is the purchase agreement?" We don't have it. "Then you lose." That's the way it has gone for us -- have to know your judge and your state's rules etc. Best wishes John Watts
Why can’t the purchase agreement be obtained from the original creditor using third party discovery (a subpoena)? My state’s law permits that. Anyway, with regard to this, where might I find a sample request for production of this stuff?
I have received a letter of a lawsuit from LVNV Fund saying that I signed up for PayPal and Synchrony bank and ran up a debt of $2600.00 in 2018. The fact is, I never, ever signed up for PayPal or Synchrony bank in 2018 nor at any other time and I don't understand why I am getting this lawsuit when I never signed up for any of these credit accounts. Why is this happening to me?
That is why you need to request validation of the debt. And make dispute with credit reporting agency. And if it's a fraudulent account, make a identity theft report.
Also, if I am being sued for an auto installment loan due to deficiency & the bank I financed through (which obviously isn’t the original creditor, because the original creditor per my affidavit is the dealership in which I financed the car).. would there still be a purchase agreement ? Given they’re not a debt collector agency they are the bank I financed my car through?
So who is suing you? The finance company or a debt buyer (Autovest, Jefferson Capital, etc)? Typically the transfer from dealer to finance company happens in a day or so of purchase. You could ask for that but when I talk about purchase agreements I'm more speaking of when an alleged debt buyer claims to have bought a defaulted debt.... John Watts
@@johngwatts okay I just seen this after typing my last response asking the same questions you answered. Yes it’s the finance company. “Gate way financial solutions”. I did default on the loan plenty of times. But when I was sent a letter with choice to redeem they would never answer my phone calls or call me back when it came to me “actually trying to do it”. Plus it was times the salesman made me pay him under the table. Times he called & was very aggressive saying I owe money or he would take the car. I have many complaints that I want to argue. Because even though I owe the debt. I feel like all of the violations could bring me to not paying the settlement & possibly suing back. Or atleast getting it wrote off. Do you think I have good defenses ? Or will a judge not care?
I think you may have something. I would NOT recommend doing this on your own -- get with a consumer lawyer in your state. It may be a "defense" that you have or it may be a counterclaim (going on offensive) against the company that sued you. Generally whatever violations happened by car dealer before the sale are the responsibility of the finance company that buys the paper. Best wishes and sorry having to deal with this! John Watts PS -- try www.consumeradvocates.org/find-an-attorney for a good starting point on finding a lawyer in your state.
Can you tell me how long do I have to file a validation request once I been sued, a year has passed and we still going, now I don’t know if there’s a particular law can you guide me please
You can always send one. Technically the collector doesn’t have to respond if outside the initial 30 day period (what’s called the Section 1692g period) but most will respond regardless of the time if you ask them.
The favorite excuse has to be that it is too burdensome for the Plaintiff to produce the Original Purchase Agreement. If it's too burdensome to produce evidence then it should be too burdensome to file a suit. Better yet that their "contract" is Proprietary Work Product and must remain confidential.
I don’t think so as it is a contract. Not communications with an attorney. Did a company tel you this or you simply preparing for what they might argue? Thanks for comment and question. John
@@johngwatts I asked for the purchase agreement aka assignment contract in discovery to see what they would say and their response was: to the extent that this request seeks documents subject to attorney-client privilege, plaintiff asserts attorney-client privilege as to all communicates between it and it’s attorney(s) related to the defendant and collection of the account. Discovery is ongoing and plaintiff reserves the right to supplement this request should additional documents become available. This is total bologna. I had a meet and confer call with the other side and the person I spoke to said he doesn’t think my request is a an attorney-client privilege. I told the him that the affidavit they sent me was total nonsense and then he said I can object to it and I was like really, dude. Then he said they plan to have an affidavit titled Business Records Affidavit but didn’t send it to me because they haven’t created it yet. OMG! Then he said we should just try to work out a settlement. They expect me to want to work out a settlement deal with them when they purposely file lawsuits using false pretenses.
Isnt it unlawful for the debt buyer to obtain any information about the consumer without the consumers consent and knowledge? This is a violation Title 15......??
The judge ruled in my favor today. Thank you for helping me feel prepared.
Hey Earth Angel... aka John 😇 I seriously hope you know you are loved by us strangers caught in a web of hell on earth called debt buyers collections. I recently found you and listened... sometimes repeatedly to same videos... I wrote down my speech with your words 😊 you've taught me what I needed. Walked in yesterday with not only a defense, but feeling like a badass and it worked! After 4 court dates over 3 yrs, going around in circles with their take advantage, feeling like shit, always playing me game, I shut them up. Only took minutes..straight to the point. Attorney even commented Ive been talking to someone:) They withdrew on the spot, dismissed case. So funny because they even made it seem that they were doing me a favor but I saw right through it thanks to you. The best part was when they kept repeating as an exchange that I will not sue them in the future. Btw affidavits weren't even notarized lol
John, I stuck through until the end. How could I not? The information you provide in these videos is GOLD. Pure GOLD!
Thank you! Thank you! Thank you!
First and foremost, id like to say Thank You!!! By providing this content for free and available to public is truly insurmountable. May god bless you and your firm.
John it always cracks me up when you say, "To the one person who stuck with me through this"😂😂 I'm with you brother! Thank you for all of the VERY thorough explaining you do. If a person just stick with it and keeps learning it all comes together
This is very helpful to me. I was turned down by free counsel today (because the lawyer had already reached his grant amount in how many clients he can represent), so these videos are helping me in my preparation. They are a wealth of information. Anyone currently being sued by a debt buyer, this is where you need to be to give you some confidence to offset the knocking knees when you go before the judge, in person or via zoom. I feel good enough for part 2 of my trial coming soon. It won't be the last part unless the judge is sick of the Plaintiff's dodging.
Glad it was helpful -- hope you have good success ASAP!
John
I have been in difficult times for a long time, this is a stressful event (lawsuit) for me. I have been kicking and screaming along the way ( methaphoracly), and it has worked, when i need an answer as to "how to..." you come out with a video to answer that ...Anyway, thanks, and i hope god keeps you and your family healthy n safe. From CA.
Glad it was helpful -- we'll have one tomorrow that might be good for you also -- using the illustration of a check. Hope you find it helpful!
John
❤ LOVE THE WAY YOU BROKE IT DOWN!! You have lifted the weight off of my chest, THANK YOU 🎉❤
If the purchase agreement is not produced, must the court draw the adverse inference, that no such purchase agreement exists, and the debt buyer does not own the debt?
Totally agree also applies in the UK
informative, calm, and collective
Even IF you had the purchase agreement, the seller could not sell more rights to the buyer than the seller owns. Often times remedies are built right into contracts. How do we know which remedies were evan available to be sold without the origional contract?
The terms and conditions of the contracts for credit card agreements are online. They all give the right to sue or more accurately none of them take away the right to sue by the original creditor. Other contracts could limit the rights/remedies as you pointed out.
But they need to prove what the contract says.
Then you need each and every purchase agreement.
Its a mess for these debt buyers as they want to skip the hard work of proving things. :)
John
Always great information. Thanks for educating.
Very welcome -- glad you found it helpful!
John
Thank you, would purchase agreement give the terms of the assignment for the purchaser (me) who signed the retail contract
I stuck it out to the end. Very informative.
thanks!
Sir, you mentioned the Uniform Commercial Code, thank you for that nugget of information.
Thank you for breaking it down so easily. I so appreciate you.
Great information and great presentation.
Thanks Carlos!
I appreciate all the information pertaining to lawsuits of portfolio recovery assoc. Very awesome informative and helpful for me and i feel I am going to win my case Pro Sè knowing more about what to say in court. It’s intimidating but I have renewed confidence hearing all of your important information. It is so valuable to me. Muchas gracias from New Mexìco.
Thanks and good luck!! If you can get with a NM lawyer to get some tips before your trial.
John
LVNVs attorney sent me a bill of sale showing that that they purchased a debt but there's no purchase price. I found that because when you purchase a vehicle, the bill of sale usually has a purchase price/amount that it was purchased for🤔
What they purchased the debt for(usually pennies on the dollar) is not a defense you can use against them when defending yourself
But can't it be argued that the debt has been sold for less and ultimately remedied the debt?
@@shannahighsmith1179 how would you prove that to the court?
@KingShaka_daGreat you would need to build a case from contract law.
@@shannahighsmith1179 you'd need to build a case in whatever law applies. Any facet of law will require you to prove your case even as a Defendant. So if you're making claims about what they paid but don't know how much or and other information, you need to build your case accordingly
Thanks for another Great Educational Video. when I received the answer to my Production of documents request there is a letter from the original creditor saying my debt was aquired by MCM. I do not remember getting this letter and looks like something that was just made from a Word Document, it is not signed by a person says just Sincerely, Original creditor. so would the argument be that I do not need a letter from the original creditor saying that the plantiff aquired the debt, I need to see the actual purchase agreement stating that the plantiff aquired the debt?
Yes
What if the debt collector send you a purchase agreement from the original creditor and a couple of statements alone with your court summons. But the current debt collector name is not on any of those pages/paper?
Don't they buy bad debt in bulk? If so, can't they just say your account was included in this purchase
I got an email from my original creditor that states my account was sold to xyz collection and thet will be servicing my account. Can't they produce that same email?
Is the purchase agreement needed in Virginia? And does this work for all debt credit cards, personal loans ect?
I had a judge ordered mediation call last week and when asked the debt collectors lawyer said that they will not send me the purchase agreement and they do not intend to bring it to court because the bill of sale should be enough.
Have to know what your judge believes is enough. The judges I have tried cases in front of believe the purchase agreement is required.
But what they are telling you is 100% the way all of my trials have gone with one exception. I had one debt buyer produce the purchase agreement in 15 years of handling these cases....
So you can feel confident they are telling you the truth and then plan accordingly for them to NOT have the purchase agreement.
Best wishes
John
What if they have the asset sale agreement but no bill of sale?
Should I ask debt collector for purchase agreement prior to anticipated lawsuit?
If the debt's been charged off, there isn't any debt, so what did they actually buy?
Do most judges usually make the debt collector attorney furnish the purchase agreement if we represent our selves to ask for it?
Its not so much that they make them produce it -- it is that (in my opinion) the debt buyer can NOT prove its case withOUT the purchase agreement.
So we object to the bill of sale (see today's video going up in a moment) as it refers to the purchase agreement.
The judge says, "Where is the purchase agreement?"
We don't have it.
"Then you lose."
That's the way it has gone for us -- have to know your judge and your state's rules etc.
Best wishes
John Watts
Would this work for a third party debt collector/servicer? The servicer is attempting to foreclose
I.love.this.guy.
Thanks!
Is there any case law that supports this notion regarding the purchase agreement? Does this work in arbitration?
If 2 people are om court claiming ownership of a piece of property who holds the deed.or the car title .
That's going to be based on your state law as to what is the proof or analysis of a car title or deed to determine ownership.
John Watts
Why can’t the purchase agreement be obtained from the original creditor using third party discovery (a subpoena)? My state’s law permits that.
Anyway, with regard to this, where might I find a sample request for production of this stuff?
Hi. what legal book is recommended for a pro se to learn the NYS and NYC rules of procedures.
I have received a letter of a lawsuit from LVNV Fund saying that I signed up for PayPal and Synchrony bank and ran up a debt of $2600.00 in 2018. The fact is, I never, ever signed up for PayPal or Synchrony bank in 2018 nor at any other time and I don't understand why I am getting this lawsuit when I never signed up for any of these credit accounts. Why is this happening to me?
That is why you need to request validation of the debt. And make dispute with credit reporting agency. And if it's a fraudulent account, make a identity theft report.
*Great Content .. Thank you*
Just how are debt purchase NOT treated as securities?
Debt buyer: "Were suing you."
Consumer: "Do you have the purchase agreement?"
Debt buyer: "What's that?" 🤣
Yep -- they pretend they don't know. Then they say it is top secret. :)
Also, if I am being sued for an auto installment loan due to deficiency & the bank I financed through (which obviously isn’t the original creditor, because the original creditor per my affidavit is the dealership in which I financed the car).. would there still be a purchase agreement ? Given they’re not a debt collector agency they are the bank I financed my car through?
A response would be greatly appreciated !
So who is suing you? The finance company or a debt buyer (Autovest, Jefferson Capital, etc)?
Typically the transfer from dealer to finance company happens in a day or so of purchase. You could ask for that but when I talk about purchase agreements I'm more speaking of when an alleged debt buyer claims to have bought a defaulted debt....
John Watts
@@johngwatts okay I just seen this after typing my last response asking the same questions you answered. Yes it’s the finance company. “Gate way financial solutions”. I did default on the loan plenty of times. But when I was sent a letter with choice to redeem they would never answer my phone calls or call me back when it came to me “actually trying to do it”. Plus it was times the salesman made me pay him under the table. Times he called & was very aggressive saying I owe money or he would take the car. I have many complaints that I want to argue. Because even though I owe the debt. I feel like all of the violations could bring me to not paying the settlement & possibly suing back. Or atleast getting it wrote off. Do you think I have good defenses ? Or will a judge not care?
I think you may have something. I would NOT recommend doing this on your own -- get with a consumer lawyer in your state. It may be a "defense" that you have or it may be a counterclaim (going on offensive) against the company that sued you. Generally whatever violations happened by car dealer before the sale are the responsibility of the finance company that buys the paper.
Best wishes and sorry having to deal with this!
John Watts
PS -- try www.consumeradvocates.org/find-an-attorney for a good starting point on finding a lawyer in your state.
Can you tell me how long do I have to file a validation request once I been sued, a year has passed and we still going, now I don’t know if there’s a particular law can you guide me please
You can always send one. Technically the collector doesn’t have to respond if outside the initial 30 day period (what’s called the Section 1692g period) but most will respond regardless of the time if you ask them.
@@johngwatts apréciate you .
Thanks
so we have to hire an attorney? I called around and to even hire one was $5000 retainer?
No. You can represent yourself
Can I ask the law firm who is representing the debt buyer to bring one to trail or send one to me.
I tried that, they said come to our office and 50 miles later all I got was every page they files and about 20 more pages of nonsense. No Agreement
The purchase agreement attached I received is so generic with nothing of my personal information, it just shows jpg files and that’s it.
Are you sure its the actual purchase agreement? These will typically be about 30-40 pages long.
John
The favorite excuse has to be that it is too burdensome for the Plaintiff to produce the Original Purchase Agreement.
If it's too burdensome to produce evidence then it should be too burdensome to file a suit.
Better yet that their "contract" is Proprietary Work Product and must remain confidential.
Craziness! Well said thanks for your comment.....
Hi John
Can the other side assert attorney-client privilege as a reason not to produce the purchase agreement?
I don’t think so as it is a contract. Not communications with an attorney. Did a company tel you this or you simply preparing for what they might argue?
Thanks for comment and question.
John
@@johngwatts
I asked for the purchase agreement aka assignment contract in discovery to see what they would say and their response was: to the extent that this request seeks documents subject to attorney-client privilege, plaintiff asserts attorney-client privilege as to all communicates between it and it’s attorney(s) related to the defendant and collection of the account. Discovery is ongoing and plaintiff reserves the right to supplement this request should additional documents become available. This is total bologna. I had a meet and confer call with the other side and the person I spoke to said he doesn’t think my request is a an attorney-client privilege. I told the him that the affidavit they sent me was total nonsense and then he said I can object to it and I was like really, dude. Then he said they plan to have an affidavit titled Business Records Affidavit but didn’t send it to me because they haven’t created it yet. OMG! Then he said we should just try to work out a settlement. They expect me to want to work out a settlement deal with them when they purposely file lawsuits using false pretenses.
i luv this guy
Isnt it unlawful for the debt buyer to obtain any information about the consumer without the consumers consent and knowledge? This is a violation Title 15......??
🔥🔥🔥
It tells what they can do with the debt. That’s why the trash debt buyers refuse to show you the purchase agreement.