Greetings,
Ever since I first put up this howtogetridof.com website I’ve been trying to figure out why anyone would even hesitate to use our services.
I mean, there are over 20 million people delinquent on just credit card debt. There are over 1 million people a year being sued over credit card debt. And 800,000 of those people are losing by default. They don’t even show up for court.
It just didn’t make any sense. Then one day, a few years ago, my wife got a summons. Her first words were: “I don’t care what you do, just don’t expect me to go to court. I can’t. I won’t.”
At that point it finally dawned on me. People won’t stand up for their rights, won’t defend themselves, due to FEAR. Its not that they don’t want to – its because they are afraid to.
They’re afraid to go to court. They’re afraid of what might happen. They’re afraid to stand in front of a judge and fight for their rights.
The sad thing is, fear is exactly what the collection attorneys and their puppet judges want and expect. They just enter a default judgment and from that moment on, their stealing is completely legal. You’ve given them permission.
So, what’s it like to go to court?
First off, let me warn you – it ain’t nothing like you see on TV. The chances of going up against attorneys like Denny Crane or Alan Shore is one in a million, it ain’t going to happen. However, don’t be surprised if you run into a judge or two that reminds you of Judge Clark Brown (Henry Gibson).
In real life all the fighting and arguing is done via “motions.” I’m not sure I know of anyone who has gotten to a jury trial. A jury is something attorneys, and the judge is an attorney, don’t like. It gives you, a pro se litigant, an advantage. Generally, the bank’s attorneys will ask to settle or the judge will render a verdict which you will appeal. The verdict will be over turned, then the bank’s attorneys will agree to settle. By settle, I mean the you walk away owing nothing. Its as if the debt never existed.
Now, what you really want to know.
The first time I walked into court to defend myself against a collection suit I thought I would pee my pants. Literally. I was scared poop-less.
In our county court they have “motions days.” These are days when a judge hears motions. Motions are arguments, in writing, used to try and get the judge to decide the case in someone’s favor before it can get to a jury.
There is a list of all the cases and motions that will be heard that day. Listed in the order they will be called.
So, you can pretty well tell how long you’ll be sitting listening to the boring arguments. I ended up waiting about 45 minutes.
During that time I went back and forth to the restroom no less than 6 times.
I was nervous and scared to death.
When I finally got in front of the judge, he read the motions, made a decision and we left. If memory serves me correctly, I didn’t say a word. Didn’t have to. Everything I wanted to say was already written down in my motion or my reply to plaintiff’s motion. I just stood there, trying not to pee my pants, and listened.
We moved on to the next step – more motions, more replies, more hearings.
Defending a law suit can be time consuming and tedious. But, when you think about the $5,000, $10,000 or so that you won’t have to pay, it sort of makes it all worth while.
Does it get easier? Absolutely. Now, after 50 – 100 hearings, I only go to the restroom once or twice.
And my wife…
She ended up having to go to court.
At her first motion hearing we were sitting in the court room, I looked over at her and start to talk. She looked back at me, with a very stern face and said: “Don’t you dare say a word to me. I may never speak to you again.”
I held my tongue.
When her case was called she walked up to the podium and waited.
The judge started to talk. He was very disrespectful to her. He berated her. He was a pure jerk. He tried to intimidate her. He made a very big mistake.
Instead of intimidating her, he made her mad. And, once he made her mad, instead of saying he was sorry and shutting up, he kept at it. Something I’ve learned over the past 30 years not to do.
As we were walking out of the court house she was fuming. She was still mad as hell at me; but, she was even madder at the judge. Or, “that asshole judge” to be precise.
She made a few more appearances. The judge continued to be a rude inconsiderate asshole and eventually granted the bank a summary judgment. They had temporarily won.
We appealed. The “asshole judge’s” decision was overturned. Strangely, we haven’t seen him around the court house since.
Now, she still doesn’t like going to hearings. Not because she’s afraid; but, because its just such a waste of time. Unfortunately, its part of the games played by pseudo professionals.
One additional thing I would like to point out.
The first time I went to court, I did so with documents that I had created, and I’m not an attorney. They hadn’t been tried. Some of the arguments hadn’t been used since the 1960’s. Some hadn’t been tried ever, in a debt collection case. I was basically flying blind and by the seat of my pants.
Something you don’t have to deal with.
Don’t get me wrong. I can’t say you won’t be scared. You will be. At least during that first appearance. But, you have nothing to lose.
If you don’t stand up for your rights the bank or collection company gets a free ride. You end up paying the entire amount of the debt, on going interest, attorney’s fees, and court costs. You can get your assets confiscated and your wages garnished.
If you do something and lose. Same thing happens.
But, if you fight and win. You pay nothing.
Your chances of winning? About 80% – 100%!
You become a slave by doing nothing.
You over come fear by gaining knowledge and taking action.
So, if you’re ready to confront your fear, keep reading and learn how and what we can do to help.
Regards,
Jim