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FREQUENTLY
ASKED QUESTIONS
Can I really fix my own Credit?
Of course! With the right knowledge everyone can repair their own credit. Even the United
States Federal Trade Commission (FTC) recommends that consumers should repair their own
credit - it's good for the economy to have citizens who can continue to purchase what they
need. Our guide can help you do this.
What is this affidavit thing and how
can someone just swear that I owe a debt?
Affidavits are debt collectors number one form of evidence. By simply swearing
that a debt belongs to someone, its more than enough to get a default judgment in most cases
since most defendants do not ever contest the allegations. Affidavits are also dirt cheap
and easy to get since they are manufactured evidence.
How do I defeat an affidavit?
To completely destroy an affidavit, one must file a motion to strike. A
motion to strike is simply where one requests that the court take something out of evidence
because it is inadmissible due to a technicality. In the case of an affidavit, they are
clearly hearsay evidence made by some hourly employee and a rubber stamp notary public.
Can I strike a credit card agreement?
Yes you can. The first step is to look at the agreement itself. Double check the
copyright date. If the copyright date occurred AFTER the account was charged off, you can
motion to strike it fairly easily as irrelevant.
Can a collection agency garnish my wages
or put a lien on my house?
Not without a judgment.
I've been served with a debt that is
mine, do I have any defenses?
Yes, there are a plethora of defenses. Most common is the statute of limitations
(SOL). Even if the statute of limitations does not apply the burden for proving a case lies
with the plaintiff.
How long is a judgment good for?
Sometimes a very very long time depending on the state. 5 years is about the shortest,
with some states over 20+ years. See the list
here.
Help, I'm being sued by an original
creditor, what do I do?
Unfortunately there is not much you can do. OCs have access to just about ever
single shred of evidence that could be produced, and will produce it in a heartbeat if needed.
Help, I've just found out I have a default
judgment and I was never served a summons, what do I do?
You will have to petition the court with a motion to vacate. This is a court
formatted document that explains why the judgment should be set aside. If successful, the
judgment will be set aside and you will have to start the litigation process from back to
square one by filing an answer.
Should I hire a lawyer?
The answer is yes! Generally you
will be able to accomplish much more with an attorney than without.
TERMS & DEFINITIONS
What is a charge off?
The removal of an account from a credit card issuer's books as an asset after it
has been delinquent for a period of time, usually 180 days. When an account is charged off,
the credit card issuer absorbs the outstanding balance as a loss and no longer claims it as an asset of the
credit company. This does not pay off the bill; it is still a debt.
What is a complaint?
A complaint is what the plaintiff files with the court. It is an overview of the
legal case. A complaint explains the background of the case for the court and what damages
have been suffered.
What is a summons?
A summons is a notification that a case has been commenced and that the defending
party must appear before the court to defend the case.
What is a judgment?
A judgment is in its simplest terms a decision by the court between a legal dispute
between two or more parties.
What is a default judgment?
A default judgment is when a party has been served with a summons and they fail
to respond to defend the case, the court automatically rules in favor of the party who filed
the complaint.
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