YOU HAVE THE RIGHT TO REMAIN SILENT

I was recently talking to someone who was being sued by a junk debt company. She told me that she tried to settle with the company and they basically told her to stuff it. First and foremost, never try to settle with the junk debt company as a first course of action, and above all never admit to any facts that they do not have the evidence to prove. Attached to the summons you will find all of the evidence that the plaintiff is presenting to prove their case. As for you, you never have to present any evidence against yourself. You have the right to remain silent, so SHUT UP. When you receive a summons you are supposed to file an answer and an intention to defend. By the way, always request a jury trial if you can. People make the mistake of either ignoring the summons, or answering to quickly. You have plenty of time, use it. There are so many things you can do to end the case before that, mainly motions and discovery.

My source for a lot of my commentary is Jurisdictionary, a pro se law program http://www.jurisdictionary.com/?refercode=ZK0001.

In addition to the Jurisdictionary program I use Maryland rules.

http://michie.lexisnexis.com/maryland/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=mdrules/8.

Jurisdictionary teaches that discovery consists of 5 basic tools. These tools are;

To get a better understanding of these tools I suggest that you visit the above mentioned web site. If you purchase the program, it will serve you for the rest of your life. If you cannot afford the whole program they have parts of the program at more affordable prices. If you cannot afford to purchase the program visit the site anyway, you can glean a lot of free information from the site. They send you weekly hints and you can download a lawsuit flowchart. Now back to discovery.

The primary discovery tools you need for junk debt cases are requests for production and interrogatories. Title 5 of the Maryland rules covers all the rules regarding evidence. You may be surprised to find that the affidavit in support of the complaint is actually hearsay if you cannot cross examine the affiant. Even if the affiant is available for cross examination, they may not be able to testify because they do not, in fact, have personal knowledge of the facts that they are testifying to. Rule 5-602 reads;

In most cases the affiant is the legal manager of the junk debt company, and the only personal knowledge that he has of the debt is what the company told him. If that managers eyes have not physically seen the documents executing the contract, then he has no personal knowledge of the facts that he is testifying to. When you are cross examining this witness ask him if he has ever seen a copy of the contract between you and the plaintiff, whereby you executed the alleged debt instrument by signing the document. If the answer is no, which in most cases it will be, you must motion the court to strike the testimony of this witness based on the lack of personal knowledge. If the witness says that he has seen a signed contract, and there is no contract on file, then you motion the court to compel the plaintiff to produce the alleged document. This is assuming that you requested the documents from the plaintiff during the discovery phase. If you never requested the documents then you can still motion the court to strike the testimony based on witness presenting facts without evidence.

In Maryland rule 3-308, “demand for proof”, you have the right to demand proof from the plaintiff that they have the legal right to sue you, part 1,2,or 3. You also have the right to demand proof that they have a signed document to prove that a legally executed contract exists. I will show the text from the actual rule:

Notice that at the end of the rule the court may continue the trial for a reasonable amount of time to enable the party to obtain the demanded proof. Even if the plaintiff knows they do not have the required documentation, you can be assured that the plaintiff will ask for a continuance in order to try to regroup. This delay may be to your benefit as well, especially if you haven’t tightened up you case yet.

Don’t be surprised if the plaintiff tries to give you a sweet offer to settle during this delay. If they do make a sweet offer to settle don’t jump at it, especially if the offer is verbal. If you plan to settle, make them put the offer in writing. When you receive the written offer, and you intend to settle, make a counter offer of perhaps ten cents on the dollar of their offer. If you do not plan to settle, the fact that they make an offer indicates that they are on their heels.

In my case, when we were gaining headway through the discovery process the plaintiff offered to settle for 25%. This was not a small amount of money. In fact it reduced the amount from $20,000.00 to $5,000.00. We declined their offer. We told them that since they had initiated the case in bad faith, and without evidence we would fight it to the end. Shortly thereafter their attorneys withdrew from the case. Bear in mind that I was fighting an entered judgment, if you‘re in the summons stage of the case you are far better off.

My main point is that you have many options to fight before you file answers to summons. You must legally attack all of the plaintiffs evidence. If you allow them to get away with entering inadmissible evidence into the record you may lose your case. If the court allows inadmissible evidence into the record over your objection you are setting up a good defense for an appeal. All this maneuvering takes time, a lot of time. This is why most lawyers will tell you that it is cheaper to settle than to fight, which is true if you are hiring a lawyer. However, if you are a pro se defendant, you spend very little money. It does cost a lot of time and energy, but the knowledge you gain will serve you for the rest of your life.

Godspeed

KevinZurrin

THE COURTS ARE BROKEN

I hate to be the bearer of bad news, but the third branch of our government is in breach of the constitution. As I was reading and responding to a post on another blog, http://patriotsforamerica.ning.com/ referring to the case going before SCOTUS, I was reminded of the motion I had to file in Maryland District court.

Go to my blog, http://blog.beatthedebtcollector.com/ to follow the entire case. I will describe the motion here just to illustrate the sad state that our judicial system is in. The fact that this motion even had to be filed is an example of how far we have digressed as a nation.

In my situation a junk debt company won a default judgment almost a decade ago. Because the judgment has been entered, it puts me in a place of having to get things put into the record through motions. First and foremost, the court did not have jurisdiction because the plaintiff did not provide proper service. Second, all the so called evidence was manufactured by the plaintiff, and at face value should never have been entered as evidence. The court record alone was sufficient to vacate the judgment, but the court would not follow the law. After almost twenty denied motions I now have enough facts on the record to properly appeal this case. I intend to take it to the SCOTUS if necessary. I post this to call attention to the fact that we need to be vigilant or our third branch of government will no longer be available to the common man. Instead they will become a de facto legislative branch of the government.

Let me dispel a commonly reported, inaccurate belief. For your info, a commonly reported, inaccurate belief is otherwise known as an “Old wives tale”. It is a widespread rumor that if a person doesn’t show up for a court date, that the judge automatically issues a default judgment. A plaintiff is not entitled to a judgment just because the defendant did not show. In fact, when a default judgment, technically called a judgment on affidavit, is granted, neither the defendant, or the plaintiff have to be in court. The judgment is based on the evidence that is presented to the judge. The laws in most states, and I know for a fact in Maryland, demand that the judge himself prove the evidence according to the rule of law. The rules of evidence still apply. Otherwise an unscrupulous lawyer could deceive the court, by saying that they served someone when in fact they did not. Not that a lawyer would ever do that;-?

First let me deal with the jurisdictional issue. In my case, I don’t know if the attorney deliberately deceived the court, or if the service provider made a mistake. I only know that at the time the service provider attests that he served the papers he would have had to have served them in another state. Not to mention the fact that the description that he gave of the person he did serve was off on four out of five counts. He did however, get the gender right. This was the first of many constitutional violations. If the person was never served, the court did not have personal jurisdiction over the defendant. Any subsequent judgment is null and void.

Next issue is evidence. Every court has to have rules of evidence. Our Constitution gives every defendant the right to review and challenge any evidence that is presented against them. Without going into all the legal terms and such, evidence must be pertinent, and provable. It must show a cause of action, and it must be able to be proven. For instance, If a person signs an affidavit stating that the defendant owes money to the plaintiff, that person must be able to prove that the debt exists. Not only must he be able to prove it, he has to present that proof through proper documentation. I would bet that if we looked at all of the default judgments that have been granted, a great majority could be thrown out because of the lack of evidence, and improper procedure.

Believe it or not, anyone can challenge a judgment against them at any time for fraud, mistake, or irregularity. All you have to do is file a motion to vacate judgment. In Maryland the rule is 3-535, according to the rules for the district court. I believe all the states have similar rules. On my web site, http://www.beatthedebtcollector.com/ I have examples of this type of motion. There is a link to all the courts in the US. There are also many programs to help people deal with unscrupulous debt collectors. In fact, because most junk debt companies habitually abuse the law, the site is dedicated to beating the debt collectors legally. I hope this article can motivate some people to stand up for their rights and use the law for what it was intended for, to protect the rights of all of the citizens.

JUDGES WITH QUESTIONABLE JUDGMENT

There is a tremendous injustice being perpetrated by the judicial system in regard to debt collection. I am going to give the benefit of doubt to the courts in general, because they are overcrowded, and these junk debt companies have mastered the art of manufacturing false evidence. However, I am going to shine the spotlight on particular judges because they have ruled on specific cases in the face of irrefutable evidence.

The first of these judges that I am going to publicly expose is James L. Mann Jr. I don’t address him as His Hon., because in my opinion, Judge James L. Mann Jr. does not deserve to be addressed as His Honor. If I am in his courtroom I will address him as such only because court decorum demands it. When he takes off the robes, I take off the gloves. So Mr. Mann, Why, in the face of irrefutable evidence, do you allow judgments, that are proven to be based on false evidence, to be sustained. I can't accuse you of being in cahoots with Creditrust, But your judicial behavior makes me wonder if you are on their payroll. Perhaps it's that you just do not care to administer justice. I can only speculate. I do have to ask however, do you realize that when you don the black robe you are bound by God to be JUST, and follow the rule of law? One would assume you were a God fearing man. Aren’t you a Permanent Deacon at the Archdiocese of Baltimore? Does that title have any meaning to you, or is it just an embellishment to paste on your résumé? It sure looks good on your profile. However, if your life doesn't reflect the spirit behind the title, it's just an empty epithet. Remember, God is not mocked, what a man soweth that also shall he reap. With what judgment he judges, he shall also be judged.

In the spirit of definition of character, you sir are judged by your decisions. If what I've witnessed is the way you administer justice, you have abrogated your right to be called Your Honor. In fact sir, you dishonor your office. I have to chide you publicly because in the privacy of your chambers you make questionable judgments that affect peoples lives. These people depend on you for justice and you deliver them to the wolves. I may have to stand before you some day to be judged. I hope when I do have to petition your court for justice that you can simply do what you were put in office to do, administer justice. Just follow the rule of law. It is a sad day in our history when we have to resort to a public forum to obtain justice, but this is where we are. This third branch of government was set up to protect all of the people, not just the junk debt industry. My hope is that this public cry for justice will shame you into doing the just thing. If not, then it will serve to expose you for what you are.

THE HORRORS OF SLAVERY

040309

Since the launch of this web site I have been fielding questions about the name of my site. People make comments about how seamy the name sounds. Well it does, and it’s supposed to. I use the go daddy principle that Bob Parsons talks about. The fact that it's disturbing to people tells me it will work. The beatthedebtcollector.com concept developed because I witnessed an injustice. An injustice so great that I could not just stand by without doing something about it. I equate this practice with the slave hunters, who hunted and tortured the slaves after they were emancipated, then sold them back into slavery, or returned them to their masters for a bounty.

These junk debt buyers buy up old and out of statute debt and try to coerce and deceive people into paying it, even though legally the debt is uncollectible. They try to enslave them. People were being sold back into slavery. The junk debt buyers that buy this debt have legal recourse to collect any debt that is within the statute of limitation. There is certainly enough in statute debt to make it profitable. The problem is that these junk debt companies are greedy. What offends me is the practice of buying up debt that is up to decades old for less than a penny on the dollar, and bamboozling people into paying all of the principal and fees and penalties to boot. This practice should not even be legal.

I’m not saying that a person should not pay their legal debt. If a person has a debt that is within the statute of limitation then they should settle it. In fact, the junk debt buyers are usually willing to settle these debts for dimes on the dollar. But be careful to get everything in writing because these junk debt buyers aren’t above reselling the debt after you settle it. If the paperwork isn’t right they will sell it to another junk debt buyer and the whole process starts all over again.

I have programs on my website, http://www.beatthedebtcollector.com, that can walk you through the process of settling a debt that is within the statute. But don’t pay a debt that is not legally collectable. I also have many programs available on the site to show you how to deal with the unethical junk debt companies who call and try to collect this junk debt. There are also letters you can copy, edit, and print out for free on the letters page. And for God’s sake, beat the debt collector legally.

040209

I LIKE TO WRITE MOTIONS

I like writing motions, and I’ve written many, because it gives me a chance to reflect on what I really want to ask the court to rule on. It gives me time to research the laws so that I know them, and I can remind the court how it has ruled in the past. Most of all I like it because it gives me a chance to rehearse my case. If you are in court and you have to make a verbal motion you have to be able to think on your feet, This is why the trained lawyer has an advantage against the pro se litigant in the courtroom. If you are going to defend yourself pro se you’ll want to fight the majority of your case outside of the courtroom.

Don’t be eager to get into the courtroom and dazzle the court with your wit and wisdom, you may find that you lack both. Learn why every lawyer tries to spend as little time in the courtroom as possible. You can tell how good a lawyer is by how little time he spends in the courtroom. In fact, there are lawyers that have never even argued a case before a judge. Remember, this is not Boston Legal, and you are not Alan Shore. The court does not want to hear your litany of nonsensical obfuscations of the law. Stick to the simple facts of the case, and the rule of law. If you do your job correctly, the opposing side will want to drop the case or settle long before the matter ever gets in front of a judge. The point is, motions are good, keep the court in motion.

Motions are a way to talk to the opposing counsel through the court, because ultimately you are talking to the court. Communication with anyone is more effective in writing. This is even more true when communicating with opposing counsel. If you force the opposition to write their responses you have a better chance of answering them. Essentially you are arguing your case before the court without the pressure of being in the courtroom. Besides, Judges like to hear the case before they hear the case.

In a motion one is stating why they believe they are entitled to relief, and what type of relief they are seeking. When the opposing counsel reads your motion they might even find that you are entitled to relief. In which case, it is time to settle the case before they embarrass themselves in front of the court. To paraphrase the bible, it says to agree with you adversary quickly, rather than let him deliver you to the judge and you have to pay the uttermost farthing. On the other hand, when they file their opposition to your motion, you might find that your case is weak or nonexistent, in which case you may want to drop the case or try to settle. Motions save the court a lot of time.

When you are doing the research for your motion you will likely find other points of law that need to be addressed. Don’t try to stuff a motion with a barrage of questions. Keep it simple and to the point. I once filed a motion with several valid questions. The court denied the motion because I based the first question on a fact that was established further down on the same motion. The fact is the judge didn’t even read the entire motion. When I called the clerk to ask why the court didn’t rule on the subsequent questions, he said that the judge probably didn’t know there was more than one question. From that point I filed a separate motion for each question, and systematically established the facts through the motions. I got a lot of practice writing motions. Now I can write a motion in my sleep, and many times I do.

On my web site I have an example of a simple motion to show the basic structure and form. In my forms package I have a step by step program to fill out and print your own motion. These are basic enough to cover most states, and are easy to edit to fit any state. You must check with the rules in your own state to see what their rules require. Some states even have fill, print, and file forms for the pro se litigant on their court website.

Filing a motion pro se is easy. Once you overcome the fear of it. Once you do it, you will see just how easy it is. It’s simply talking to the court in writing. First you are telling the court you are being treated unjustly. Next you are outlining the reasons why you believe this, and giving legal rational. Finally you are telling the court what you want them to do about it. It’s as easy as that.

MORE ON MOTIONS

• The name of the court
• The address of the court
• Case Number
• Plaintiffs Name and address
• Defendants Name and address
• The title of the motion
• A general statement of the Motion
• Specific details about the motion
• A statement of what you want the court to do
• If you request a hearing you must do so in a request titled as such.
• Your signature and address with your phone number
• You must also attach to it a certificate of service stating when and where you sent it
• Finally you must write the order so that if the court does grant it the judge just signs it

I think that the motion is fairly self explanatory so I will leave it like this. If you would like to have a library of motions I have a host of them on a disk that cover a multitude of requests. I have that available for purchase. They are not yet in a downloadable format, but that is comming soon. The price for the disk is $14.95 which includes shipping in the US. Send an email to me at kevinzurrin@beatthedebtcollector.com I will send it out immediately upon receipt of paypal payment. I hope this example is understandable, The cut and paste didn't work as well as I would have liked, but I think you get the jist.

THE DISTRICT COURT FOR BALTIMORE CITY, MARYLAND

501 E. Fayette Street, Baltimore Md. Case # xxxx-xxxx

                                                                               Plaintiffs Name         *         Defendants Name

                                                                                Plaintiffs address     v         Defendants Address

                                                                                City State Zip             *         City State Zip

                                                                                Plaintiff                      *         Defendant 

Now comes the Defendant before the court pursuant to Maryland Rule 3-535b (Revisory Power). Requesting a hearing in the matter of the above mentioned case. The defendant requests a hearing in this matter based on a blatant fraud committed on the court by the plaintiff. The defendant makes this request and states as follows.

1. The plaintiff committed a fraud upon the court in that they entered false and misleading evidence in order receive a default judgment against the defendant.

2. This false evidence is in the form of an affidavit by one William Witt, who alleged that the plaintiff advanced monies and credit to the defendant. This statement is patently false, and is not supported by any evidence.

3. Mr. Witt further states that these allegations are set forth in accompanying documents and statements, which are nonexistent.

Therefore the defendant now petitions the court to:

a. Require the plaintiff to produce the documents that were attested to in this affidavit. Or:

b. In the event that the plaintiff cannot produce these alleged documents, I ask that the court strike this affidavit from the case file, and: c. Vacate this judgment for lack of sufficient evidence to sustain a judgment under rule 3-306 (judgment on affidavit).

                                                                    Pursuant to Rule 3-311.e I request a hearing in this matter.

    Respectfully Submitted

_________________________

Moveants Name
Moveants address
City State Zip

 (443) 869-3002 

I hereby certify that on this day,_________________, a copy of this Motion was mailed the to attorney for the plaintiff  8028 Richie Hwy. Ste 300, Pasadena Md. 21122.

_________________________

Defendants Name signed

                                                                                                                    *

                                                                                Plaintiffs Name         *         Defendants Name

                                                                                Plaintiffs address     v         Defendants Address

                                                                                City State Zip             *         City State Zip

                                                                                Plaintiff                      *         Defendant

1.___________ The defendants motion for new hearing is hereby granted. Or:

2. Based on the lack of evidence the William Witt affidavit is hereby stricken from the record.

3. Based on the insufficiency of the evidence to sustain a judgment as required by Maryland rule 3-306a.1-2 this judgment is hereby vacated.

_________________________

JUDGE

033009

(a) Time for demand - Affidavit and supporting documents.- In an action for money damages a plaintiff may file a demand for judgment on affidavit at the time of filing the complaint commencing the action. The complaint shall be supported by an affidavit showing that the plaintiff is entitled to judgment as a matter of law. The affidavit shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. The affidavit shall be accompanied (1) by supporting documents or statements containing sufficient detail as to liability and damages, including the precise amount of the claim and any interest claimed; and (2) if the claim is founded upon a note, security agreement, or other instrument, by the original or a photocopy of the executed instrument, or a sworn or certified copy, unless the absence thereof is explained in the affidavit. If interest is claimed, the plaintiff shall file with the complaint an interest worksheet.

(1) When notice of intention to defend filed.- If the defendant files a timely notice of intention to defend pursuant to Rule 3-307, the plaintiff shall appear in court on the trial date prepared for a trial on the merits. If the defendant fails to appear in court on the trial date, the court may proceed as if the defendant failed to file a timely notice of intention to defend.

(2) When no notice of intention to defend filed.- If the defendant fails to file a timely notice of intention to defend, the plaintiff need not appear in court on the trial date and the court may determine liability and damages on the basis of the complaint, affidavit, and supporting documents filed pursuant to section (a) of this Rule. If the defendant fails to appear in court on the trial date and the court determines that the pleading and documentary evidence are sufficient to entitle the plaintiff to judgment, the court shall grant the demand for judgment on affidavit. If the court determines that the pleading and documentary evidence are insufficient to entitle the plaintiff to judgment on affidavit, the court may deny the demand for judgment on affidavit or may grant a continuance to permit the plaintiff to supplement the documentary evidence filed with the demand. If the defendant appears in court at the time set for trial and it is established to the court's satisfaction that the defendant may have a meritorious defense, the court shall deny the demand for judgment on affidavit. If the demand for judgment on affidavit is denied or the court grants a continuance pursuant to this section, the clerk shall set a new trial date and mail notice of the reassignment to the parties, unless the plaintiff is in court and requests the court to proceed with trial.

Rule 3-509.

(d) Notice of judgment on affidavit.- When a demand for judgment on affidavit is granted, the clerk shall mail notice of the judgment promptly after its entry to each party at the address stated in the pleadings. The notice shall inform (1) the plaintiff of the right to obtain a lien on real property pursuant to Rule 3-621, and (2) the defendant of the right to file a motion to vacate the judgment within 30 days after its entry pursuant to Rule 3-535 (a). The clerk shall ensure that the docket or file reflects compliance with this section.

032809
The phone call is the most effective debt collection tool that the junk debt industry has. It is by far the least expensive tool the junk debt collector has at his disposal. Not only is the phone itself cheap, the thug who operates it is cheap as well. The thug collector generally makes minimum wage as a base salary plus commission.

Your next response to any phone call from a collector thug should be to demand that they contact you only in writing, and only if they can validate the debt they claim that you owe to them. Then write a cease phone call letter demanding written communication only from this point forward. These responses should be reflexive. If you do this all the time it will become habit. By the time it becomes a habit they will have stopped calling. If the collection company continues to call you after the cease and desist letter is received, keep a record of all the calls. If they refuse to stop calling, and will not give you written proof of the debt, they are breaking the law. Their company can be fined up to $1,000.00 plus legal expenses for each phone call. This is one way to turn the tables on them. This is how you beat them with their own club.

Read more at: http://www.beatthedebtcollector.com/index.htm