Follow this link to see what a collection law firm says about us

[shrinkingvioletssad]

http://www.planodebt-collections.com/debt_collection.htm

Also look at the left hand side and click on the processes they go thru, with judements and also the bankruptcy 'bluff' info. Very interesting.

[par]

Thank you.

[AISLE4]

They wish it was that easy.

The burden of proof switches to the debtor? Um, no. A denial will kill the motion for summary judgement. Bottom line is if you get sued, fight tooth and nail to make them prove everything and bury them with paperwork. Considering that up to 80% of debt related judgements are never paid, they are painting a rather rosy picture.

[Houdino]

Looks interesting...

Check out this related thread by Amerikaner83:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=284792

[momof5]

Can we say, "Bud Hibbs is in their future!"

[TTigggers]

"Getting your due requires placing your debtor's back against the wall"

Well I guess this is why they don't like it when we fight and call them out on their mistakes.

[Houdino]

A couple of tid bits from the link in post #1:

"Demand Letter. We begin the process with a demand letter to the person that owes you the money. We know you have already written the deadbeat demanding payment, but a letter from us is usually necessary for three reasons: (a) because it is important that you give the debtor one final chance to resolve the matter (our experience is that about 15% to 20% of the debtors will attempt to resolve the problem once they see an attorney has been retained); (

there are rules under the Texas Civil Practice and Remedies Code that govern the award of attorney's fees that this letter satisfies; and © this initiate pain. Threatening a debtor with pain and inflicting pain are not the same thing. Threatening to send the file to an attorney and actually sending an attorney out to collect the file are also two different things. Receiving a letter from an attorney is generally painful for the average debtor."

"The secret is to put the pressure on and to keep it on to collect your debt. The "system" does just that. And we have it down to a science. So we stay with it until the result is obtained or we are convinced that there is no point in staying in the game. We won't waste your money. As soon as we spot someone who has nothing and has no chance of paying anything, and therefore should not be chased any further, we will tell you. We want your business on the next case, too."

real charming...

[AISLE4]

"As soon as we spot someone who has nothing and has no chance of paying anything, and therefore should not be chased any further, we will tell you. We want your business on the next case, too."

If you are worried about getting sued or just want to take some preventative measures to protect your privacy, it isn't terribly difficult in this world of database dependent research (before they sue) to create the illusion of abject poverty. If they believe you have nothing they tend to not want to waste their time.

[shrinkingvioletssad]

[/bRead how that law firm treats judgements, from the op link]

Judgment, Now What?

Now that the Court has ruled that you have a valid debt which is due and owing, you must now collect the judgment. It is time to buckle down and get your money. With a judgment in your favor, we have the authority to really catch the eye of the debtor.

We attempt to collect on judgments with the same ease and swiftness that we obtain them. Our position is to collaborate with you to formulate a refined course of action and execute it seamlessly.

The flexible outline that we generally follow goes like this:

Investigation: Think of Investigation like a background check. We need to know where the debtor lives, with whom he or she resides and any other pertinent facts that may help in the acquisition of your money. We begin our search the most cost-efficient methods, such as checking databases of public information like driver's licenses, deeds, telephone records, car registrations, marriage licenses, etc. Some cases, however, are not that simple and warrant the use of various investigators; not to worry though, we are careful to analyze each situation individually to be certain that the added expense is necessary.

Post-Judgment Deposition: At this point, we generally question the debtor and some times the debtor's spouse, employer, or any other person who may be able to give us insight on the situation. At the deposition we will also request specific documents that the debtor must produce.

Abstract: An abstract codifies the judgment that you received in court. An abstract is always filed immediately after obtaining the judgment in the county where the defendant lives or where we know he owns property. A short time later, we will file an abstract in every county that we think that there is a potential for acquiring property. Generally, an abstract is filed in the counties with known relatives or close friends. This insures that a debtor cannot "come into money" without us being alerted.

Writ of Execution: This is an order of the Court to any constable in the state of Texas ordering him to execute (collect) on any non-exempt assets. For a general description of those assets that are exempt from execution, click here.

Writ of Garnishment: A Writ of Garnishment is essentially an order from the Court to any third party to relinquish any properties of the debtor over to the court. Nevertheless, there can be some unforeseen obstacles with this method, so we should have a serious discussion about your particular situation before jumping in.

Turnover Proceedings: Turnover Proceedings are and extreme measure taken by us where we ask the court to order the debtor to "turnover" specific assets. Due to the acute and costly nature, these proceedings are usually reserved for larger cases.

[Houdino]

As despicable as much of this seems, remember, they are trying to collect on LEGIT debts. People due OWE the money. I hate the way they make the debtors sound but let's not be naive, if you wanna play in the real world,

sh!ts gonna happen.

The lesson here is: Don't run up debts that you can't pay because some people take that stuff seriously. You can wind up in a VERY unpleasant situation.

Hopefully, many here will realize how important it is not to get caught by "an emergency" and not have any reserves of cash prepared for these INEVATABLE "emergencies". Stuff happens in life. You have to be prepared as best as you can.

Or you'll end up like me... Not learning those lessons until you've managed to piss away a hell of a lot of wealth.

Learn from others mistakes.

[Big Time]

They wish it was that easy.

The burden of proof switches to the debtor? Um, no. A denial will kill the motion for summary judgement. Bottom line is if you get sued, fight tooth and nail to make them prove everything and bury them with paperwork. Considering that up to 80% of debt related judgements are never paid, they are painting a rather rosy picture.

May the rep be with you!

[Big Time]

The thing about legit debts is that even the most honorable of debt collection companies may still try to add interest and fees they aren't entitled to, which is why you still need to demand proper verification and keep them under scrutiny.

[Houdino]

The thing about legit debts is that even the most honorable of debt collection companies may still try to add interest and fees they aren't entitled to, which is why you still need to demand proper verification and keep them under scrutiny.

Hell yea!

[LoveToGod]

Motion For Default Judgment. Upon service of the Petition, the the debtor has until 10:00 a.m. of the next Monday after the expiration of twenty days to answer the Petition in writing. If they fail to file such an answer, then we can motion for a default judgment. The Court reviews the motion, usually grants the motion without change and enters judgment in the Plaintiff's favor. It is important to note that the Defendant is unaware you have asked the Court for judgment in this case.

I got this from the link in the OP. I have not heard of this. I thought they couldn't get a judgment against you unless you failed to show up to court. Any of you seen this before?

[Big Time]

Go to bed!

If you don't answer the summons at all, they get a default.

[Houdino]

Go to bed!

If you don't answer the summons at all, they get a default.

LOL!

[flacorps]

They should add:

"We don't waste time doing silly things like proofreading, even for items we are going to post more or less permanently on the web, where they will allow potential clients to form a first negative impression of us that we may never be afforded an opportunity to change over the phone, much less in person. This is how we roll. Specifically, we roll over our own toes."

[Houdino]

Ouch!

Shall we "remove love?"

[flacorps]

I got this from the link in the OP. I have not heard of this. I thought they couldn't get a judgment against you unless you failed to show up to court. Any of you seen this before?

Cases that are not in some version of small claims court have full legal procedure ... small claims is "summary procedure" and often the drill is to show up to court and enter some sort of response right then and there.

In non-small claims cases, typically you send something written to court and to the other side as a first responsive pleading, and 20 days is often the time frame within which to do that. And what you send back is either a motion to dismiss, motion for more definite statement, or if you want to cut to the chase you send an answer. Smart defendants try to drag the case out by sending something other than an answer first. It's called dilatory tactics.

The first hearing could be well down the road, and it will likely not be the pretrial hearing (in small claims the typical first hearing is the pretrial, and that's the only hearing there is unless there's a trial).

[LoveToGod]

A couple of tid bits from the link in post #1:

"Demand Letter. We begin the process with a demand letter to the person that owes you the money. We know you have already written the deadbeat demanding payment, but a letter from us is usually necessary for three reasons: (a) because it is important that you give the debtor one final chance to resolve the matter (our experience is that about 15% to 20% of the debtors will attempt to resolve the problem once they see an attorney has been retained); (

there are rules under the Texas Civil Practice and Remedies Code that govern the award of attorney's fees that this letter satisfies; and © this initiate pain. Threatening a debtor with pain and inflicting pain are not the same thing. Threatening to send the file to an attorney and actually sending an attorney out to collect the file are also two different things. Receiving a letter from an attorney is generally painful for the average debtor."

"The secret is to put the pressure on and to keep it on to collect your debt. The "system" does just that. And we have it down to a science. So we stay with it until the result is obtained or we are convinced that there is no point in staying in the game. We won't waste your money. As soon as we spot someone who has nothing and has no chance of paying anything, and therefore should not be chased any further, we will tell you. We want your business on the next case, too."

real charming...

Yeah, I think my jaw dropped when I read what was on that site.

[Drifter]

A couple of tid bits from the link in post #1:

"Demand Letter. We begin the process with a demand letter to the person that owes you the money. We know you have already written the deadbeat demanding payment...

I think if I ever got dragged into court by these guys I would bring a printed copy of their website with me.

I would have to think that describing the debtor as a deadbeat and publicly detailing the strong arm tactics that you regularly employ to collect a debt would have to play against you with more then a few judges.

[LoveToGod]

I think if I ever got dragged into court by these guys I would bring a printed copy of their website with me.

I would have to think that describing the debtor as a deadbeat and publicly detailing the strong arm tactics that you regularly employ to collect a debt would have to play against you with more then a few judges.

I think this would be good to show the judge the character of who you are dealing with, and somehow this may help. I agree.

[NASCAR_Devil]

I think this would be good to show the judge the character of who you are dealing with, and somehow this may help. I agree.

Unfortunately the judge is probably a member of the good 'ole boy network and could care less. Since 95% of the cases result in default judgements all the judge does is BS with the lawyers and rubber stamp their suits.

[flacorps]

Unfortunately the judge is probably a member of the good 'ole boy network and could care less. Since 95% of the cases result in default judgements all the judge does is BS with the lawyers and rubber stamp their suits.

I'm going to disagree with that just a little bit. Recently in NYC, a court has said that no more defaults would be given where documentation wasn't attached to the suits. The creditors' lawyers are having fits. In Florida, there is at least one circuit where JDBs' suits are not entertained unless the JDBs attach a certificate indicating that they have complied with the statutory requirement (somewhere in Chapter 559) that JDBs notify debtors within X (can't remember whether it's 10 or 30) days after purchasing their debt.

There is a wide range of judicial opinion regarding creditors' suits (which is interesting, because there should be none at all, impartiality being what courts aspire to). But judges do have opinions about general trends in the law, they do discuss things amongst themselves, and they often do decide en masse to take a particular tack.

[NASCAR_Devil]

I'm going to disagree with that just a little bit. Recently in NYC, a court has said that no more defaults would be given where documentation wasn't attached to the suits. The creditors' lawyers are having fits. In Florida, there is at least one circuit where JDBs' suits are not entertained unless the JDBs attach a certificate indicating that they have complied with the statutory requirement (somewhere in Chapter 559) that JDBs notify debtors within X (can't remember whether it's 10 or 30) days after purchasing their debt.

There is a wide range of judicial opinion regarding creditors' suits (which is interesting, because there should be none at all, impartiality being what courts aspire to). But judges do have opinions about general trends in the law, they do discuss things amongst themselves, and they often do decide en masse to take a particular tack.

I'm not saying that it happens everywhere but we have one JP court here in Dallas that I sat in for 4 hours and it was distressing to say the least. I would say that we are the reason it happens though. Every time we don't show up and a DJ is awarded it just perpetuates the ridiculousness of it all.