Turn A Quick Profit With Your Recently Foreclosed Home!

The average American home contains over 500 pounds of valuable copper wiring and pipes.  If you educate yourself with this DVD, you can turn a quick profit out of your foreclosed home before the bankers and debt collection lawyers are able to get their greedy hands on it!

Mr. Jones is back at it again! This time he is teaching you how to “Give back the house” to your bank! Are you facing Foreclosure? Is your bank greedy and they do not want to help you? “Giving back the house” is an instructional video on how to prepare your home for Foreclosure. Learn the secrets that the banks do not want you to know! Exclusive interview footage with a bank representative will provide insider information that you may not know about! The goal of this DVD is to learn how to make money out of a bad situation! ***Due to the success of this DVD, we have lowered the price to $12.95 so that more people can see what Mr. Jones does to get back at the banks!  This product is manufactured on demand using DVD-R recordable media. Amazon.com’s standard return policy will apply.

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Mass-produced letters not `fair debt collection’; court holds attorney liable.: An article from: Trial [HTML] (Digital)

This digital document is an article from Trial, published by Association of Trial Lawyers of America on February 1, 2003. The length of the article is 671 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.Citation DetailsTitle: Mass-produced letters not `fair debt collection’; court holds attorney liable.Author: Sara Hoffman JurandPublication: Trial (Magazine/Journal)Date: February 1, 2003Publisher: Association of Trial Lawyers of AmericaVolume: 39 Issue: 2 Page: 74(1)Distributed by Thomson Gale

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Stick It To Sue Happy Debt Collectors: Learn How to Fight Debt Collection Lawsuits and Win (Volume 1) (Paperback)

Beat Greedy Lawsuit Filing Debt Collectors At Their Own Game. Learn to Fight Debt Collection Lawsuits and WIN! I look at being sued by a debt collector like this: If you are going to sue me, you better have the proof and documentation to validate it. It doesn’t matter if I owe the debt or not. I am not an easy money target and after you read my book neither will you. Foreword excerpt: “Allen Harkleroad may just be the most dangerous consumer in America for companies that treat people unfairly. He has a long and distinguished history of sticking it to those who have treated him and others unfairly. You can now take advantage of his thousands of hours of research and considerable experience and put it to good use in defending yourself against collections lawsuits. Bottom line is that you as a consumer need to be prepared to stand up and assert your rights to protect yourself. With Allen on your side you are on the right track.” ~ Chris Gleason, Esq. www.Consume (more…)

Steal This Motion and Avoid a Debt Collection

IN THE ________ COURT OF ________ COUNTY,

ALABAMA

_________________________, Plaintiff

v.

CIVIL ACTION No. _____________________

_________________________, Defendant

MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

Defendant moves pursuant to Rule 12(b) of the Alabama Rules of Civil Procedure to dismiss the above-styled action and the associated judgment for the plaintiff in the amount of $_____________ awarded on the ______ day of _______________, 20______, on the ground that the Court lacks jurisdiction over the subject matter presented by the Complaint in that the plaintiff creditor seeks money damages for an account stated which is governed by an “arbitration only” clause appearing at Section 12.4 in the Credit Agreement between plaintiff and defendant, as amended and dated the _______ day of ____________, ________, which is attached hereto as “Exhibit A” and made a part hereof. Therefore, the above-styled action is not within the jurisdiction of this court and properly belongs before the American Arbitration Association as stated in the Credit Agreement.

This the _____ day of _________________, 20____.

________________________________

Attorney for _______________________

________________________________

Address

COMMENTARY:

In the modern world of consumer credit, most banks and lenders use their superior bargaining position to force you to sign an arbitration agreement that provides for arbitration as the sole method of dispute resolution including collection of the loan should you become past due on the payments. This is great for the lender if they actually follow through and take you to an arbitrator where you will be deprived of the rules of civil procedure, due process of law and a trial by jury.  Arbitration takes away most of the traditional tools that were available to a debtor who was seeking to avoid court ordered enforcement of a bad debt. Although you have consented to arbitration, more often than not your past due debt will be assigned along with all the other past due accounts in your district to a huge collection portfolio at a local law firm who prefers to handle all their business in the local state court for economic and political reasons (your bank and the collection attorneys fund the re-election campaigns of many judges). This is especially true when you have a smaller debt. In Alabama, your case will usually go before a District Court Judge where judgment will normally be entered against you so long as the creditor can prove you are in fact the actual debtor and are past due. You will have to pay to appeal the ruling to Circuit Court for a new trial if you feel that procedure or law was not properly applied in your case. More often than not, you will have to appeal two more times to the Court of Civil Appeals and Alabama Supreme Court where you will likely not get a reversal, but only an order for a new trial at Circuit Court that must be conducted consistent with the ruling of the Supreme Court. You will have to pay for the filing fees, your attorney’s fees and if you lose the bank’s costs and attorney’s fees.  At this point, the court costs and attorney’s fees will probably have exceeded the amount of the original debt if it was less than $5,000.

What most folks don’t realize is that when they signed the arbitration agreement they made a forum choice which removed their debt from the subject matter jurisdiction of the state courts. So, even if the collection attorney manages to get a judgment, it is void for lack of subject matter jurisdiction upon petition under Rule 12, and you may make a motion to have the judgment thrown out at any time, even years after it was entered. The only problem with that course of action is that after the civil court judgment is voided, the creditor may decide to take you to arbitration and if you lose the creditor will record the arbitration judgment to replace the voided civil judgment. This places you right back where you started from. However, this strategy can buy you some valuable time to file bankruptcy, keep your wages ungarnished and liquidate assets before the bankruptcy trustee takes control of the assets in your bankruptcy estate. As we’ve learned from O.J. Simpson, a judgment is worthless if the judgment creditor is unable to attach it to your wages or property. So, an arbitration agreement can actually work in your favor some of the time. A good arbitration agreement allows the creditor to choose either arbitration or civil court, but one would be surprised at how many lenders select arbitration as the sole source of dispute resolution in their lending agreement and at how many collection attorneys refuse to arbitrate, because they are too lazy to manage multiple dockets in both civil court and arbitration, hoping that the debtor will not challenge the lack of subject matter jurisdiction. In addition to challenging subject matter jurisdiction, you could even bring a breach of contract claim against your creditor for their refusal to arbitrate and a litigation accountability action against the collection attorney for suing you in civil court when he knew that you had agreed to arbitration.