“CREDIT CARD LAWSUIT”: Get It Dismissed

The number #1 credit card collection tactic used by debt collectors today is to
file a “credit card lawsuit” against you. Debt collectors will call you 3-5 times a day in
an attempt to pressure you to pay them and if you don’t then they file a credit card
lawsuit against you. What a better way to pressure you then to send a process
server to your door step with a credit card lawsuit.

Credit Card Lawsuit – Banks Win 97% of the time!

Banks & Credit Card Companies sue you because they know that 97% of the
consumers they file a credit card lawsuit against fail to respond properly if at all and
the Court will grant them a default judgment. A default judgment, which a judge
issues when a defendant doesn’t respond to the credit card lawsuit, allows them to
do some pretty serious things to you such as garnishing your wages or bank
accounts.

Simple Way To Increase Your Odds of Winning A Credit Card Lawsuit!

Consumers often look for a solution to a credit card lawsuit after it’s too late –
after a judgment has already been issued or a deadline has passed. They don’t
assert their rights or if they do they don’t know how to respond correctly to a credit
card lawsuit. Contrary to what a debt collector wants you to believe, you don’t have
to prove that you don’t owe the debt in a credit card lawsuit. It is the other way
around. The Bank or debt collector has to prove that you owe the exact amount that
they are suing you for in their credit card lawsuit.

Banks Use Invalid Affidavits in Every Credit Card Lawsuit

In a credit card lawsuit the Bank always submit a stack of billing statements
as their only proof. Billing statements submitted by an attorney don’t prove that you
owe what they say you owe in a credit card lawsuit. Somebody with personal
knowledge with how the billing statements are created and maintained has to
authenticate the billing statements in all credit card lawsuits. There is no need in
trying to explain to you in “legalese” language what they need to do to
“authenticate” the billing statements in a credit card lawsuit other than to tell you
that they are supposed to file a “valid” affidavit to authenticate the statements but
they never do.

Instead of filing a valid affidavit in a credit card lawsuit they file a forged
false affidavit created in the Bank’s or Credit Card Company’s “affidavit factory”.
They all have one. They get away with filing an invalid affidavit in a credit card
lawsuit 99.9% of the time because the consumer never files an answer to their
complaint in a credit card lawsuit and even if they do the case never goes to trial. In
almost every credit card lawsuit they file a motion for summary judgment asking the
judge to rule in their favor without a trial and support their motion by submitting the
stack of billing statements and their phony affidavit and the judge will usually accept
the forged and/or false affidavit as proof that you owe the debt unless you know how
to challenge it.

You Can Be One Of The 3% Who Get Their Credit Card Lawsuit Dismissed!

There are many ways to get a credit card lawsuit dismissed but since this
article discusses false affidavits lets discuss how to prove they are using an invalid
affidavit. The best way to find out how to get a credit card lawsuit dismissed is to
get your hands on existing court case files where the judge ruled in favor of the
Defendant and read through the pleadings and the judges decision order. That’s
what our research staff do here at DebtEliminationTools.com

We recently found two cases that show that Credit Card Companies and
buyers of credit card debt use phoney affidavits in almost every credit card lawsuit in
an attempt to prove their case. The first credit card lawsuit case we found involved a
Collection Attorney Law Firm in Montana, Portfolio Management, who paid pennies on
the dollar for a credit card debt owed on a Providian Master Card issued by a
Washington Mutual Bank. Portfolio sued a consumer cardholder in Montana for the
alleged debt. Portfolio tried to prove the debt by filing a stack of billing statements
and a notarized affidavit provided by a Martha Kunkle, who purported to be
Providian’s agent.

Banks Use Phoney Affidavits In Credit Card Lawsuits

The Court records show that the Defendant made an effort to subpoena
Martha Kunkle and verify what she said in her affidavit. It all kind of snowballed from
there. The attorney representing the credit card company never made Martha Kunkle
available for a deposition. The Court sanctioned the Bank and after a little more
digging by the Defendant it was determined that Martha Kunkle died many years
prior to the date on the affidavit. Not only that, she had never worked for
Washington Mutual or Providian so she wasn’t an agent of the Plaintiff like was stated
on the affidavit. It turns out that she was the dead daughter of Lorraine Kunkle, a
Washington Mutual employee in Texas who worked in the Bank’s collection/legal
department. Turns out that Lorraine Kunkle authorized other employees to sign the
name “Martha Kunkle” on thousands of affidavits used in thousands of lawsuits
across the country. This credit card lawsuit case illustrates how two of the largest
debt buyers in the country, Portfolio and CACV bought charged-off debt from
Washington Mutual and that the bank operated “a false affidavit factory.

Shortly after that credit card lawsuit came to light another credit card lawsuit
in Ohio came up with similar findings. In that credit card lawsuit case a federal judge
found that a Midland Funding LLC employee had signed tens of thousands of
affidavits at random. Under questioning, Midland employee Ivan Jimenez admitted
he signed up to 400 affidavits a day for credit card lawsuits, asserting “personal
knowledge” about each credit card lawsuit, though he knew nothing about any of the
accounts pertaining to these credit card lawsuits. The judge in this credit card
lawsuit ruled that the firm’s sworn assertions of personal knowledge in the affidavits
were “clearly false statements” and dismissed the case.

Both of these credit card lawsuits illustrate how creditors go about submitting
proof of debt in credit card lawsuits. Any time they meet resistance to their credit
card lawsuits they prepare false and misleading affidavits like the Kunkle affidavit.
They commit fraud on the Court.

So how can these findings help you if you are involved in a credit card
lawsuit? It is unlikely that the banks are using any more “Kunkle” affidavits in credit
card lawsuits. Well, if you pull enough random credit card lawsuit court case files
involving the Plaintiff who filed your credit card lawsuit you won’t find affidavits
signed by Martha Kunkle but you will find evidence that the affidavit factories still
exist. You’ll discover that the same names show up on the affidavits in all of the
credit card lawsuit case files that you pull.

You’ll also find that all of the affidavits for the credit card lawsuits that you
pulled have the same boiler-plate fill-in-the-blanks verbage. Furthermore, if you
spend 2 or 3 hours pulling enough credit card lawsuit case files you will be sure to
find the same affiant names but their signatures will be totally different. Ummmmm
I wonder what the credit card lawsuit attorney’s explanation for that will be.

So how do you use this revelation to help get your credit card lawsuit
dismissed? If you study the court files of the credit card lawsuits we mentioned
you’ll learn that the Defendant in these credit card lawsuits subpoenaed the person
who signed the affidavit to appear as a witness or to appear for a deposition.

Don’t let the term “subpoena” scare you into thinking you need an attorney to
do this for you. It’s simple to do in a credit card lawsuit and the documents you
need along with the step-by-step instructions on how to fill them out and file them
with the clerk of the court can be found on this site.

Even if the person signing your affidavit is a real living person it is unlikely
that they will want to appear and testify under oath that they have personal
knowledge of your account considering all they know is that they may have signed
their name on the affidavit along with thousands of other affidavits similar to yours.

The attorney for the Plaintiff in the credit card lawsuit will likely dismiss the
case rather than go to the expense of flying the affiant in to take their deposition or
to be a witness for the plaintiff. If the credit card lawsuit goes to a trial (they very
seldom do) they will need to fly the witness in to authenticate those billing
statements. It is not only the costs to do this that gets them to dismiss the case.
They also have to take into consideration whether the witness is going to want to
geve false testimony under oath. I don’t think they get paid enough to do that.
They will either refuse to testify or they will testify to the truth and testify that they
really don’t have any personal knowledge of anything and that they will admit that
they are hired to sign hundreds of affidavits a day for credit card lawsuits.