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 dont 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 doesnt 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 its too late after a judgment has already been issued or a deadline has passed. They dont assert their rights or if they do they dont know how to respond correctly to a credit card lawsuit. Contrary to what a debt collector wants you to believe, you dont have to prove that you dont 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 dont 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 Banks or Credit Card Companys 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. Thats 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 Providians 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 wasnt 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 Banks 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 firms 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 wont find affidavits signed by Martha Kunkle but you will find evidence that the affidavit factories still

exist. Youll discover that the same names show up on the affidavits in all of the credit card lawsuit case files that you pull. Youll 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 attorneys 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 youll 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. Dont let the term subpoena scare you into thinking you need an attorney to do this for you. Its 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 dont 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 dont 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.