ROL_2010-03-26_16k_Hr1-2.timecode

[00:00.000 --> 00:09.640]  Some 50,000 new housing units in Jerusalem neighborhoods beyond the Green Line are in
[00:09.640 --> 00:12.520]  various states of planning and approval.
[00:12.520 --> 00:17.520]  Most of the units will be built in predominantly Jewish neighborhoods beyond the Green Line,
[00:17.520 --> 00:20.960]  while a smaller number will be built in Arab neighborhoods.
[00:20.960 --> 00:26.640]  Vice President Joe Biden condemned the move, saying the decision undermined peace talks.
[00:26.640 --> 00:31.480]  The U.S. State Department Friday issued its annual Human Rights Report, and once again
[00:31.480 --> 00:37.800]  the human rights situation in America's two largest battlegrounds, Afghanistan and Iraq,
[00:37.800 --> 00:39.140]  continued to worsen.
[00:39.140 --> 00:44.720]  The Afghanistan report focused on the civilians killed, blaming the Taliban for the increase
[00:44.720 --> 00:46.440]  in civilian deaths.
[00:46.440 --> 00:52.960]  It also pointed out human trafficking, restrictions on press and religion, torture and poor prison
[00:52.960 --> 00:54.320]  conditions.
[00:54.320 --> 01:04.240]  A brief mention was given to the massive civilian toll from NATO airstrikes.
[01:04.240 --> 01:10.880]  In Somalia, 43 people were killed and hundreds wounded in the past 48 hours as dueling offensives
[01:10.880 --> 01:16.280]  by the African Union-backed Somali government and the militant faction led to some of the
[01:16.280 --> 01:19.140]  fiercest fighting in weeks.
[01:19.140 --> 01:24.560]  Most of the casualties were civilians and fighting prevented wounded people from being rescued
[01:24.560 --> 01:27.440]  as they lay dying in the street.
[01:27.440 --> 01:33.200]  Karl Rove, a senior adviser to former President George Bush, has defended harsh interrogation
[01:33.200 --> 01:38.480]  techniques such as waterboarding, saying he was proud of the intelligence the U.S. gained
[01:38.480 --> 01:40.080]  from using them.
[01:40.080 --> 01:46.800]  Rove was often referred to as Bush's brain and is credited with Bush's electoral successes.
[01:46.800 --> 01:52.440]  Last January, Barack Obama barred the use of waterboarding after defining it as a form
[01:52.440 --> 01:57.560]  of torture.
[01:57.560 --> 02:03.440]  A bank examiner's report says Lehman Brothers used accounting sleight of hand to conceal
[02:03.440 --> 02:07.080]  the bad investments that led to its undoing.
[02:07.080 --> 02:12.640]  The report concluded Lehman died from bad mortgage holdings and less directly, demands
[02:12.640 --> 02:18.640]  by rivals like JPMorgan Chase and Citigroup that the Founding Bank post-collateral against
[02:18.640 --> 02:25.240]  loans it desperately needed, but the examiner Anton Valloukas laid out what the report characterized
[02:25.240 --> 02:31.180]  as, quote, materially misleading accounting gimmicks that Lehman used to mask the perilous
[02:31.180 --> 02:33.200]  state of its finances.
[02:33.200 --> 02:38.160]  Lehman's bankruptcy, the largest in U.S. history, shook the financial world.
[02:38.160 --> 02:42.960]  According to the report, Lehman used what amounted to financial engineering to temporarily
[02:42.960 --> 02:48.800]  shuffle $50 billion of troubled assets off its books in the months before its collapse
[02:48.800 --> 03:10.160]  in September 2008 to conceal its dependence on borrowed money.
[03:48.800 --> 04:15.560]  And tonight, we have very special guest, Michael Maris.
[04:15.560 --> 04:18.280]  Thank you for joining us tonight, Michael.
[04:18.280 --> 04:19.280]  Thanks for having me.
[04:19.280 --> 04:21.000]  This is awesome.
[04:21.000 --> 04:26.760]  Michael Maris, of the famed Michael Maris Proven Method, which you can get here on Rule
[04:26.760 --> 04:34.800]  of Law Radio website, it's his document that will teach you how to stop the debt collectors
[04:34.800 --> 04:39.440]  and how to take your life back and how to get them out of your credit report and all
[04:39.440 --> 04:40.440]  these kinds of things.
[04:40.440 --> 04:46.320]  So, Michael, why don't you give us an overview of how you got into all this and how you learned
[04:46.320 --> 04:51.120]  how to beat these debt collectors, stop these debt collectors and give us an overview of
[04:51.120 --> 04:52.920]  what's been happening lately.
[04:52.920 --> 04:55.000]  Okay, I will.
[04:55.000 --> 05:01.480]  And the first thing I want to say is that I am not an attorney and I'm not giving legal
[05:01.480 --> 05:04.180]  advice to anybody.
[05:04.180 --> 05:09.760]  This is only from my own personal experience in the federal courts and also the experience
[05:09.760 --> 05:16.400]  of other people that I have guided to get there and their results.
[05:16.400 --> 05:24.400]  So that being said, I got into this about, I guess it's about seven years ago now.
[05:24.400 --> 05:30.000]  And had gone through a divorce and, you know, things change when you go through a divorce
[05:30.000 --> 05:35.920]  and gainfully employed and making good money and I just couldn't reason with these guys.
[05:35.920 --> 05:41.720]  You know, they were messing up my credit report and so on and so forth and I said there's
[05:41.720 --> 05:46.120]  got to be a way to resolve these issues.
[05:46.120 --> 05:53.600]  And I joined a couple of consumer groups and I started to learn the basics there and unfortunately
[05:53.600 --> 05:59.520]  the consumer groups I was in weren't going into federal court with the Fair Credit Reporting
[05:59.520 --> 06:08.040]  Act and the Fair Debt Collection Practices Act, both of which are federal laws.
[06:08.040 --> 06:11.520]  And I took the initiative.
[06:11.520 --> 06:17.240]  The first case I had I learned on and then I found out how easy it was after I learned
[06:17.240 --> 06:21.760]  it and of course you're always a little concerned when you get into doing something like this.
[06:21.760 --> 06:26.640]  I'm going into a federal court room, you know, are these guys going to, you know, arrest
[06:26.640 --> 06:31.520]  me or kick me out or, you know, you're just a little old pro se litigant.
[06:31.520 --> 06:33.560]  What do you know?
[06:33.560 --> 06:38.920]  And one of the first cases that everybody kind of chuckles about it that I had was over
[06:38.920 --> 06:44.960]  Mexican taxes and I had worked for a U.S. company in Mexico.
[06:44.960 --> 06:54.960]  I used to cross the border every day and when I left there, it was about six months after
[06:54.960 --> 07:01.200]  I left they sent me a letter saying that you owe us approximately three thousand dollars
[07:01.200 --> 07:08.840]  in taxes that we pay to the Mexican government for you and I found that rather interesting
[07:08.840 --> 07:16.000]  because the contract that I had signed with them said that upon my leaving or termination
[07:16.000 --> 07:23.440]  from the company any funds owed to the company would be deducted from my last paycheck.
[07:23.440 --> 07:28.400]  So the question I had in my mind is why didn't you do that?
[07:28.400 --> 07:33.080]  The old story, you screw up and I get the pay, is that how it works?
[07:33.080 --> 07:38.680]  And I copped an attitude and I said, no, I'm not going to let these guys push me around.
[07:38.680 --> 07:41.560]  They sent it to a commercial debt collector.
[07:41.560 --> 07:45.920]  Within the first letter I got from them I had them on six violations of the Debt Collection
[07:45.920 --> 07:50.000]  Practice Act and they made their big mistake.
[07:50.000 --> 08:01.480]  They gave it to an attorney to come after me to collect on and this attorney was clueless.
[08:01.480 --> 08:02.480]  Sent me a letter.
[08:02.480 --> 08:07.120]  I sent him out what we call a validation letter which is in my course, very simple, one page,
[08:07.120 --> 08:10.640]  you don't know nothing, play dumb.
[08:10.640 --> 08:12.840]  Don't be like some of these guys do.
[08:12.840 --> 08:16.400]  They want to send out all these letters and threaten these guys, we're going to take you
[08:16.400 --> 08:17.400]  to court.
[08:17.400 --> 08:18.400]  No, no, no, no, no.
[08:18.400 --> 08:20.720]  Go there.
[08:20.720 --> 08:27.880]  These guys manage well enough to shoot themselves in the foot without any help from you.
[08:27.880 --> 08:31.640]  So you play the dumb, know nothing consumer.
[08:31.640 --> 08:37.400]  Anyhow, this letter came and yeah, you owe this money and while I sent them the validation
[08:37.400 --> 08:40.800]  letter I said, hey, I don't know who the heck you are, you know, prove to me I owe something
[08:40.800 --> 08:46.240]  and by the way, don't call me at home or at work.
[08:46.240 --> 08:51.160]  Why contact me by U.S. mail at my home address?
[08:51.160 --> 08:58.920]  So he sent me back what he considered validation of a debt of copies of copies of copies of
[08:58.920 --> 09:02.280]  copies of faxes that were in Spanish.
[09:02.280 --> 09:11.080]  Okay, well I have to keep to Espanol and even if I spoke perfect Spanish I would have trouble
[09:11.080 --> 09:16.360]  reading these things because it had been copied so many times you couldn't even see half the
[09:16.360 --> 09:17.360]  letters.
[09:17.360 --> 09:21.960]  Anyhow, unfortunately when he sent me the cover letter with that he forgot to give me
[09:21.960 --> 09:24.480]  my consumer warning.
[09:24.480 --> 09:26.240]  We call it the mini Miranda warning.
[09:26.240 --> 09:29.360]  This is an attempt to collect the debt and any information obtained will be used for
[09:29.360 --> 09:30.360]  that purpose.
[09:30.360 --> 09:33.760]  God, I got that memorized, that's terrible.
[09:33.760 --> 09:37.320]  Anyhow, got to put that on there.
[09:37.320 --> 09:40.840]  Well that's a thousand dollar violation.
[09:40.840 --> 09:42.920]  Book story, this made short.
[09:42.920 --> 09:46.760]  This went on for quite a few months back and forth and then finally I sent him a notice
[09:46.760 --> 09:47.760]  of pending lawsuits.
[09:47.760 --> 09:52.720]  If you don't resolve these issues I'm going to take you into the federal court and I'm
[09:52.720 --> 09:58.080]  going to file for your violation of the Debt Collection Practices Act.
[09:58.080 --> 10:02.880]  And I hadn't heard from him in three or four months and he sent me a letter and he says,
[10:02.880 --> 10:03.880]  oh, wait, wait, wait.
[10:03.880 --> 10:11.760]  I called you on December 8th, December 10th, December 13th and December 15th.
[10:11.760 --> 10:16.440]  He just admitted in writing in black and white that he violated the limited cease and desist
[10:16.440 --> 10:18.560]  within the validation letter.
[10:18.560 --> 10:22.640]  Four more violations.
[10:22.640 --> 10:26.360]  And I had gotten him on four already previous to that and I figure I was going into court
[10:26.360 --> 10:35.680]  with a $4,000 complaint instead I went in with an $8,000 complaint plus damages.
[10:35.680 --> 10:40.360]  The case was set to good faith conferences.
[10:40.360 --> 10:47.400]  Second meeting with his attorney, he, after 45 minute conversation, he looked at me and
[10:47.400 --> 10:52.600]  he says, we'd like to resolve this, we'd like to make this go away.
[10:52.600 --> 10:56.720]  We'll give you X amount of dollars and, you know, we'll cease collection, we'll put it
[10:56.720 --> 11:00.600]  all in writing, we'll have a settlement agreement, which is something you always demand, everything
[11:00.600 --> 11:03.280]  in writing.
[11:03.280 --> 11:08.840]  And okay, I shut the stenographer off that I hired because I know enough that when I'm
[11:08.840 --> 11:15.960]  talking to a lawyer and it involves lawsuits and the courts, it's always a good idea to
[11:15.960 --> 11:21.300]  bring your own stenographer along to have him or her write everything down because then
[11:21.300 --> 11:25.400]  attorneys have a tendency to tell the truth when that happens because they know everything's
[11:25.400 --> 11:26.400]  being written down.
[11:26.400 --> 11:31.400]  Geez, isn't that a son of a gun for them to have to do, huh?
[11:31.400 --> 11:34.720]  Anyway, I turned the stenographer off.
[11:34.720 --> 11:40.320]  We sat there talking about the case a little bit and I says, yeah, I was really interested
[11:40.320 --> 11:46.820]  in going to interrogatories with you because my first question to you would have been,
[11:46.820 --> 11:51.820]  what is your authority to collect Mexican taxes?
[11:51.820 --> 11:59.480]  My second question would have been, what is your authority to collect taxes for anybody?
[11:59.480 --> 12:03.520]  And my third would have been, under production of documents, produce the documents that say
[12:03.520 --> 12:05.400]  you're allowed to collect taxes.
[12:05.400 --> 12:10.840]  And he kind of sat there and he shook his head, he said, yeah, well, he says, I understand
[12:10.840 --> 12:16.440]  and he says, but I have to tell you, you had us on four charges, four violations that we
[12:16.440 --> 12:19.720]  had no defense for.
[12:19.720 --> 12:24.440]  So if we had gone to trial, I probably could have made a lot more money.
[12:24.440 --> 12:28.880]  Anyhow, with that, he got up and left.
[12:28.880 --> 12:34.680]  The stenographer looked at me and she says, I've been doing this for ten years, I've never
[12:34.680 --> 12:36.640]  seen anything like that.
[12:36.640 --> 12:39.960]  I says, well, you know, when you're right, you're right.
[12:39.960 --> 12:40.960]  You can prove it.
[12:40.960 --> 12:43.360]  It's a done deal.
[12:43.360 --> 12:47.000]  He did make some comments to me because I know Debbie wants me to say this.
[12:47.000 --> 12:50.720]  She gets a kick out of it.
[12:50.720 --> 12:53.400]  Just before he left the room, we talked about the settlement agreement.
[12:53.400 --> 12:56.440]  He says, yeah, we want a settlement agreement, you know.
[12:56.440 --> 13:05.860]  We don't want appearing in tomorrow's newspaper, beach bum pro se litigate beats attorney.
[13:05.860 --> 13:08.720]  So take that for what it's worth, folks.
[13:08.720 --> 13:15.000]  And you know, I can't disclose a lot of information, but my credibility is pretty solid.
[13:15.000 --> 13:18.120]  I have six cases in PACER.
[13:18.120 --> 13:19.640]  You don't know what PACER is.
[13:19.640 --> 13:29.120]  That's the government website or all the federal court filings, which are public knowledge.
[13:29.120 --> 13:34.720]  Anybody can go there and sign up, join PACER, you can go in there and query my last name
[13:34.720 --> 13:36.160]  and you'll see my cases.
[13:36.160 --> 13:37.440]  It's that simple.
[13:37.440 --> 13:46.920]  Now of course, I've been involved with this for quite a while and have worked with numerous
[13:46.920 --> 13:54.840]  people that I can also refer you to if we look up who have done this.
[13:54.840 --> 13:56.880]  It's amazing what's going on right now.
[13:56.880 --> 14:02.680]  I have tons and tons of clients that I'm working with.
[14:02.680 --> 14:07.080]  My course will get you up and into the federal court, but at that point, if you've never
[14:07.080 --> 14:16.120]  been in a federal court room or what we call rule 26F, which is discovery, that's when
[14:16.120 --> 14:20.080]  you're going to need to bring me on as a consultant.
[14:20.080 --> 14:24.600]  I do get a consulting fee, but it's pretty reasonable and you get a lot of my time to
[14:24.600 --> 14:26.000]  walk you through this.
[14:26.000 --> 14:28.200]  It's pretty simple what you learn.
[14:28.200 --> 14:33.160]  But the bottom line to all this is most of the time these debt collectors don't want
[14:33.160 --> 14:35.800]  to go into federal court.
[14:35.800 --> 14:41.040]  You can ask them some very embarrassing questions if it goes to 26F, discovery, like how much
[14:41.040 --> 14:43.480]  did you pay for this account?
[14:43.480 --> 14:48.800]  Provide the documentation that shows you actually represent this creditor.
[14:48.800 --> 14:51.920]  Did you buy this debt or are you representing the creditor?
[14:51.920 --> 14:56.520]  I mean, you can hit them with a lot of questions they don't want to answer.
[14:56.520 --> 15:01.440]  If you get one of these debt collectors and say, oh, we own the debt, we bought it, good,
[15:01.440 --> 15:02.440]  what did you pay for it?
[15:02.440 --> 15:08.160]  And if you know anything about this stuff, they bundle this stuff up just like they do
[15:08.160 --> 15:14.680]  the mortgages and sell them off in packages to various debt collectors.
[15:14.680 --> 15:19.320]  And essentially it costs two to three cents on the dollar to buy one of these debts.
[15:19.320 --> 15:24.320]  So if you've got a $5,000 debt, they paid 100 bucks for it.
[15:24.320 --> 15:29.720]  How would you like to be able to have them admit to that in discovery, that they're trying
[15:29.720 --> 15:33.280]  to collect $5,000 but they only paid $100 for it?
[15:33.280 --> 15:40.760]  Does anybody see anything wrong with this little thing called fraud upon the consumer?
[15:40.760 --> 15:41.760]  It's pretty interesting.
[15:41.760 --> 15:49.160]  I had a lady I was working with the past couple of days, actually contacted me two days ago.
[15:49.160 --> 15:52.680]  She's out of Chicago.
[15:52.680 --> 15:53.680]  She's bad.
[15:53.680 --> 15:55.680]  She's got default judgment against her.
[15:55.680 --> 15:58.360]  They've been trying to garnish her wages.
[15:58.360 --> 16:01.680]  She followed the course, did everything she was supposed to do with the debt collector
[16:01.680 --> 16:07.680]  and got him on some violations and she sent him notice of pending lawsuit and he ignored
[16:07.680 --> 16:08.680]  it.
[16:08.680 --> 16:13.360]  Well, when he ignored that, she went ahead and filed, we give you ten days to respond.
[16:13.360 --> 16:18.600]  If you don't respond, we're going to file in federal court.
[16:18.600 --> 16:19.920]  He didn't respond.
[16:19.920 --> 16:23.880]  She files in federal court in paparis, which means she's a poor person.
[16:23.880 --> 16:25.880]  She couldn't afford a $350 fine.
[16:25.880 --> 16:30.960]  It's just a matter of filling out a few pages, turning it into the court and the judge is
[16:30.960 --> 16:32.440]  just between you and the judge.
[16:32.440 --> 16:35.040]  The information is not shared with anyone else.
[16:35.040 --> 16:39.400]  Judge, let you in and in paparis and then you don't have to worry about anything else.
[16:39.400 --> 16:40.400]  Okay.
[16:40.400 --> 16:41.400]  Mike, hold on.
[16:41.400 --> 16:42.400]  We're going to break here.
[16:42.400 --> 16:43.400]  Okay.
[16:43.400 --> 16:45.800]  We want to hear more about this on the other side.
[16:45.800 --> 16:50.680]  We're here with a very special guest, Michael Maris, talking about how to stop third party
[16:50.680 --> 16:53.480]  debt collectors.
[16:53.480 --> 16:56.120]  We'll be taking your calls later in the evening.
[16:56.120 --> 17:00.400]  We'll be right back.
[17:00.400 --> 17:03.840]  You feel tired when talking about important topics like money and politics?
[17:03.840 --> 17:04.840]  Sorry.
[17:04.840 --> 17:07.720]  Are you confused by words like the constitution or the federal reserve?
[17:07.720 --> 17:08.720]  What?
[17:08.720 --> 17:12.520]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[17:12.520 --> 17:18.080]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity
[17:18.080 --> 17:19.320]  at an early age.
[17:19.320 --> 17:23.280]  I had no idea that the number one cause of the disease is found in almost every home
[17:23.280 --> 17:25.360]  in America, the television.
[17:25.360 --> 17:30.400]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[17:30.400 --> 17:34.200]  The staff at Brave New Books have helped me and thousands of other poxaholics suffering
[17:34.200 --> 17:36.480]  from sports zombieism recover.
[17:36.480 --> 17:40.720]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[17:40.720 --> 17:43.360]  without feeling tired or uninterested.
[17:43.360 --> 17:50.760]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[17:50.760 --> 17:54.800]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[17:54.800 --> 17:58.200]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[17:58.200 --> 18:21.560]  and an overall increase in mental functioning.
[18:21.560 --> 18:42.160]  Okay, we are back, we are here with Michael Maris.
[18:42.160 --> 18:51.760]  Okay, Michael, so this attorney ignored this woman's tort letter and so then she filed
[18:51.760 --> 18:52.760]  and so what happened?
[18:52.760 --> 18:56.040]  And she filed, how did she file to get out of the filing fee?
[18:56.040 --> 18:57.040]  What was that?
[18:57.040 --> 18:58.040]  What was that?
[18:58.040 --> 18:59.040]  That's called impetuous.
[18:59.040 --> 19:00.040]  You are a poor person in Latin.
[19:00.040 --> 19:01.040]  Okay.
[19:01.040 --> 19:03.960]  You can't afford the $350 to file.
[19:03.960 --> 19:04.960]  Okay.
[19:04.960 --> 19:05.960]  Okay.
[19:05.960 --> 19:11.040]  So it's a pretty simple process when you fill out your complaint and in my courses,
[19:11.040 --> 19:13.960]  those forms are all there, explains how to fill them out.
[19:13.960 --> 19:14.960]  They are pretty simple.
[19:14.960 --> 19:19.560]  They ask you simple questions, you know, like how much is your rent or mortgage and how
[19:19.560 --> 19:24.000]  much credit card debt you might have and, you know, if you've got kids or a husband
[19:24.000 --> 19:28.200]  or wife that are dependents and all that, it's pretty simple.
[19:28.200 --> 19:32.520]  And when you file your complaint, you turn that in with the complaint and it takes the
[19:32.520 --> 19:39.320]  judge generally 24 to 72 hours, they make a response, you are accepted and you are done.
[19:39.320 --> 19:42.840]  The court will take care of serving it and everything, you don't even have to worry
[19:42.840 --> 19:46.840]  about having it served at the point because the U.S. Marshals serve it.
[19:46.840 --> 19:51.160]  I always like to say, how do you like them boys showing up at your door?
[19:51.160 --> 19:52.160]  U.S. Marshals.
[19:52.160 --> 19:53.160]  Hmm.
[19:53.160 --> 19:59.320]  Well, that's what happened to this lawyer, Debbie, he didn't respond to her notice of
[19:59.320 --> 20:00.320]  pending lawsuits.
[20:00.320 --> 20:06.560]  She went down there and filed, she sent me an email yesterday, contact me quick, okay.
[20:06.560 --> 20:14.800]  She says, the Marshals served this guy yesterday, he called me today, crying.
[20:14.800 --> 20:20.640]  Debt collector attorney, you know, I can't, you know, this is going to cause my insurance
[20:20.640 --> 20:21.640]  to go up.
[20:21.640 --> 20:26.200]  Yeah, well, that's too bad, I didn't cause the problem, you caused the problem.
[20:26.200 --> 20:31.520]  I'll work with you, I'll help you get the, no guarantees, I'll help you get the default
[20:31.520 --> 20:34.360]  judgment out of the lower court and blah, blah, blah.
[20:34.360 --> 20:38.440]  And I told her, I says, okay, that's all fine, I says, he's got 21 days to respond to the
[20:38.440 --> 20:42.400]  complaint, tell him that's what he's got to fix the problem.
[20:42.400 --> 20:48.160]  She says, I got it Mike, and I says, you know, you get some money out of it, you know, to
[20:48.160 --> 20:53.080]  pay to go away, a thousand bucks minimum or something, well, you know, that's between
[20:53.080 --> 20:55.440]  you and the defendant.
[20:55.440 --> 21:03.120]  But I asked her, I says, how does it feel to have the shoe on the other foot this time?
[21:03.120 --> 21:05.160]  Big difference.
[21:05.160 --> 21:10.640]  So she's a very firm believer in the process and I have many, many people, a gentleman out
[21:10.640 --> 21:15.720]  in California called me today, I've been working with him for a couple of months, he's picked
[21:15.720 --> 21:20.280]  up on this process very, very quickly, I can't believe how sharp the guy is, he's really
[21:20.280 --> 21:22.000]  picked up on it.
[21:22.000 --> 21:25.960]  He had three debt collectors after him, he sent out the validation letter to three of
[21:25.960 --> 21:30.640]  them, two of them responded to him and sent him a letter that said, we won't be bothering
[21:30.640 --> 21:35.400]  you anymore, we're sending this back to the predator.
[21:35.400 --> 21:42.120]  And the third one, no answer, sends them notice of pending lawsuit, no answer.
[21:42.120 --> 21:46.280]  So he filed and they were served today.
[21:46.280 --> 21:49.720]  So I says, I got a funny feeling they'll be on the phone to you within the next few days,
[21:49.720 --> 21:54.080]  so he says, yeah, I didn't tell, I says, yeah, see if they want to go, they, he's in California,
[21:54.080 --> 21:58.060]  the debt collectors in Minnesota, you know, they're going to have to hire an attorney
[21:58.060 --> 22:03.320]  in California that's admitted to the federal bar, you know, what does an attorney get?
[22:03.320 --> 22:09.680]  I always say four, five, six hundred feet in the middle, five hundred an hour, can you
[22:09.680 --> 22:14.720]  imagine if, you know, the attorney picks up the case, he's going to, you know, hit him
[22:14.720 --> 22:20.440]  with 10 hours up front, there's $5,000 right there, just answer the complaint and then
[22:20.440 --> 22:26.640]  he's got to go in the courtroom, his rates double generally, these cases will cost them
[22:26.640 --> 22:30.920]  anywhere from a, you know, a bare minimum if they don't settle right away, a couple
[22:30.920 --> 22:38.240]  of thousand bucks to as much as, I'm sure, 20, $25,000 to defend on these cases.
[22:38.240 --> 22:46.560]  And folks, if you're looking at a bad account, account that went south, that was eight, 10,
[22:46.560 --> 22:53.840]  12, 15, $20,000 that they're trying to collect on, you do the math, they're going to pay
[22:53.840 --> 22:59.360]  some attorney to defend in court, God forbid this goes to trial, I have yet to see one
[22:59.360 --> 23:06.280]  of these cases go to trial, and the lawyer goes in the courtroom for two days at double
[23:06.280 --> 23:13.400]  his rate because he's in trial, and then you win and you've got, hypothetical, let's say
[23:13.400 --> 23:19.520]  a $50,000 lawsuit, so let me get the numbers straight here so everybody can understand
[23:19.520 --> 23:27.520]  where I'm coming from, you just won the case in federal court for $50,000, that debt collector
[23:27.520 --> 23:38.440]  creditor was coming after you for, and so they pay you $50,000 and they've got to pay
[23:38.440 --> 23:45.600]  the lawyer $20,000, so let me get this straight, that's $70,000 and they're trying to collect
[23:45.600 --> 23:53.760]  $5,000 or $6,000 or $8,000 or $10,000, does anybody see anything wrong with this picture?
[23:53.760 --> 23:58.200]  And I always chuckle about this, you know, when you go up against the lawyers, you can't
[23:58.200 --> 24:03.400]  do this, you can't do that, well let's let the judge and jury decide.
[24:03.400 --> 24:12.160]  And I have a real, these little comebacks, I tell you what, Mr. Lawyer, let's go to trial,
[24:12.160 --> 24:15.600]  and I win, and I will win because you're not going to find a jury that's going to have
[24:15.600 --> 24:19.880]  much sympathy for these guys, especially after all the bailouts and everything we've been
[24:19.880 --> 24:27.760]  going through here in the past year, and your client pays me the $50,000 and the check clears
[24:27.760 --> 24:33.880]  my bank, I'll gladly give him the $10,000 he claims I owe, no problem, do that every
[24:33.880 --> 24:41.160]  day of the week and twice on Sunday, see if you want to go there, let me know, it's that
[24:41.160 --> 24:42.160]  simple.
[24:42.160 --> 24:48.120]  We talked about debt collectors, generally the debt collector is representing a creditor
[24:48.120 --> 24:55.440]  or a former creditor, you go after the creditor under fair credit, you dispute in your credit
[24:55.440 --> 25:01.200]  reports, you dispute with the creditor, there's things they're supposed to do when you dispute
[25:01.200 --> 25:05.320]  with the debt collector, he's in your credit report, when you send him that validation
[25:05.320 --> 25:11.120]  letter he better mark that account in dispute, don't have to believe me folks, just go read
[25:11.120 --> 25:16.760]  the Fair Credit Reporting Act, Debt Collection Practices Act, they're free, the Federal Trade
[25:16.760 --> 25:23.800]  Commission site, easy to download, easy to print out, big thing about all this stuff,
[25:23.800 --> 25:28.440]  there's no monies involved in those laws and that's the hardest thing I have educating
[25:28.440 --> 25:33.840]  people about because everybody keeps thinking about it, I got this default judgment, I had
[25:33.840 --> 25:41.840]  this account, it was like eight thousand dollars and I didn't pay it back, so what?
[25:41.840 --> 25:50.480]  If you read those laws, the Fair Credit Debt Collection Practices Act, they don't talk
[25:50.480 --> 25:56.760]  about money in there at all, go read them, they don't talk about one dollar or a million
[25:56.760 --> 26:06.280]  dollars, nothing about money, these laws are consumer laws but they're geared at the creditors
[26:06.280 --> 26:13.880]  and debt collectors, what they're supposed to do when challenged and they don't do it
[26:13.880 --> 26:15.160]  and why don't they do it?
[26:15.160 --> 26:20.680]  You're dealing with big multi-million, multi-billion dollar corporations that you're just another
[26:20.680 --> 26:26.800]  little lowly consumer, what do you know, we're going to do what we want.
[26:26.800 --> 26:32.280]  Bottom line is, when you take them into federal court, it has nothing to do with any alleged
[26:32.280 --> 26:40.280]  account or debt, you don't even talk about money in the complaint, it's the violations
[26:40.280 --> 26:47.480]  of your civil rights that we're in this courtroom for, I'll say that once again, it's civil
[26:47.480 --> 26:53.000]  rights violations, that's what this stuff boils down to.
[26:53.000 --> 26:58.160]  You challenged them, they were supposed to do something, they didn't do it and they violated
[26:58.160 --> 27:03.600]  your civil rights by not doing it and that's what these cases go into federal court with,
[27:03.600 --> 27:10.040]  civil rights violations and of course the only defense they have, and I've seen it
[27:10.040 --> 27:14.080]  plenty of times, they go well you have this credit card and we've got this default judgment
[27:14.080 --> 27:17.280]  on you, so what, what does that got to do with anything?
[27:17.280 --> 27:22.080]  Well you owe this money, so what?
[27:22.080 --> 27:27.920]  If you've never been up against a lawyer who hasn't taken consumer law, you're going
[27:27.920 --> 27:37.600]  to educate them and once you get them educated, the lights come on, say yeah man, it's not
[27:37.600 --> 27:43.080]  about what I'm supposed to do or what I'm supposed to pay, it's what your client is
[27:43.080 --> 27:48.800]  required to do when challenged and they didn't do it and that's why we're in this courtroom,
[27:48.800 --> 27:52.280]  it's that simple, it's that simple.
[27:52.280 --> 27:56.120]  A gentleman I'm working with, I've known for a number of years in Louisiana, just filed
[27:56.120 --> 28:04.640]  his first federal suit a couple of weeks ago, he's one of the big banks, under fair credit,
[28:04.640 --> 28:10.520]  I'd have a conference call with the judge, now you go to federal court, let me make this
[28:10.520 --> 28:14.200]  very clear to you, it's not like the local courtrooms where you see everybody hanging
[28:14.200 --> 28:19.720]  out in the hallways, people out there crying, 100 people in the hallways, lawyers all over
[28:19.720 --> 28:25.440]  the place arguing, you don't see that in the federal court.
[28:25.440 --> 28:29.200]  It's almost like a ghost town when you go in there because they're much more organized
[28:29.200 --> 28:31.440]  than the local courts.
[28:31.440 --> 28:38.960]  Who you will deal with in the local court is the clerk where you file your forms.
[28:38.960 --> 28:43.480]  Subsequently this gentleman that I know from Louisiana, and I've known him I guess five
[28:43.480 --> 28:52.800]  or six years, he finally filed his first court case and they requested a rule 16 conference
[28:52.800 --> 28:55.800]  call.
[28:55.800 --> 29:02.280]  Phone call folks, phone call, you, the defendant's attorney and the judge.
[29:02.280 --> 29:07.720]  So you could be sitting home in your underwear drinking a cup of coffee on the phone doing
[29:07.720 --> 29:10.120]  this, okay?
[29:10.120 --> 29:17.360]  The interesting thing to the conversation, my guy was really, really pumped up when this
[29:17.360 --> 29:18.360]  happened.
[29:18.360 --> 29:28.600]  He said the judge said that during the conversation, gee I don't know too much about this fair
[29:28.600 --> 29:33.720]  credit debt collection law.
[29:33.720 --> 29:42.080]  And I hear the commercial break coming up, I can't wait to hear the rest of this story.
[29:42.080 --> 29:48.640]  The lawyers telling the judge, gee I don't know too much about this, somehow I have a
[29:48.640 --> 29:54.680]  feeling the results were not too pretty for that attorney.
[29:54.680 --> 29:58.040]  We'll be right back on the other side, we're here with our very special guest, Michael
[29:58.040 --> 30:03.720]  Clearis.
[30:03.720 --> 30:07.040]  Win your case without an attorney with Jurisdictionary.
[30:07.040 --> 30:13.680]  The affordable, easy to understand, 4 CD course that will show you how in 24 hours, step by
[30:13.680 --> 30:14.680]  step.
[30:14.680 --> 30:18.120]  If you have a lawyer, know what your lawyer should be doing.
[30:18.120 --> 30:22.360]  If you don't have a lawyer, know what you should do for yourself.
[30:22.360 --> 30:28.280]  Thousands have won with our step by step course and now you can too.
[30:28.280 --> 30:33.320]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[30:33.320 --> 30:38.720]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[30:38.720 --> 30:42.560]  principles and practices that control our American courts.
[30:42.560 --> 30:49.200]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[30:49.200 --> 30:55.880]  pro se tactics and much more, please visit ruleoflawradio.com and click on the banner
[30:55.880 --> 30:58.880]  or call toll free, 866-LAW-EZ.
[30:58.880 --> 31:20.000]  Okay, so Mike, what happened?
[31:20.000 --> 31:21.000]  What happened to this?
[31:21.000 --> 31:25.640]  I don't even want to say poor attorney because I'm sure he deserved it but what happened
[31:25.640 --> 31:30.480]  to this attorney after he tells the judge, gee, I don't know too much about this?
[31:30.480 --> 31:35.480]  Well, no, actually it was the judge who said he didn't know too much about the law.
[31:35.480 --> 31:38.480]  Oh, that's even worse.
[31:38.480 --> 31:39.480]  Yeah.
[31:39.480 --> 31:44.760]  So, my buddy there, he started explaining a little bit and he explains to him that,
[31:44.760 --> 31:52.200]  well, your honor, they failed to mark my account in dispute, the law requires them to do that.
[31:52.200 --> 32:00.280]  And the judge says to the attorney, on the other phone, of course, how come your client
[32:00.280 --> 32:02.920]  didn't mark the man's account in dispute?
[32:02.920 --> 32:09.480]  Uh-oh, the light bulb just came on for the judge.
[32:09.480 --> 32:13.960]  That's what we're in here for, folks, they don't follow the rules.
[32:13.960 --> 32:19.520]  So my guy was pretty high when he called me to tell me the results of that conversation.
[32:19.520 --> 32:21.440]  I says, you mean the judge might get it?
[32:21.440 --> 32:22.440]  He says, yeah.
[32:22.440 --> 32:26.400]  I says, yeah, you might have to educate him a little bit more but that's okay, you know,
[32:26.400 --> 32:30.640]  it's in black and white, here's the law, you know, just read it.
[32:30.640 --> 32:34.000]  So maybe that's what the judge is doing this weekend, going to read the Fair Credit and
[32:34.000 --> 32:39.200]  the Debt Collection Practices Act so we can understand the case.
[32:39.200 --> 32:44.000]  But I don't think I want to be that attorney after that comment that the judge made to
[32:44.000 --> 32:45.000]  him.
[32:45.000 --> 32:46.320]  Why didn't your client do that?
[32:46.320 --> 32:48.480]  Why didn't they mark the account in dispute?
[32:48.480 --> 32:55.080]  Hmm, that's why we're in this courtroom, your honor, to figure that one out.
[32:55.080 --> 32:59.040]  So he's off to a pretty good start.
[32:59.040 --> 33:06.960]  So Michael, the thing here is that we want to get them on these violations of the Fair
[33:06.960 --> 33:12.880]  Debt Collection Practices Act and the Fair Credit Reporting Act, these kinds of things
[33:12.880 --> 33:18.040]  and hopefully you can get them to rack up more violations, at least as many or more
[33:18.040 --> 33:24.440]  where the fines would equal or greater the amount of the debt, is that kind of the leverage
[33:24.440 --> 33:27.280]  that we want to put on these people, is that the strategy?
[33:27.280 --> 33:31.240]  It's always good to have those big numbers but sometimes if you're in a corner and you
[33:31.240 --> 33:36.960]  don't have a lot of time to get them, you can go in with what you got and your damages
[33:36.960 --> 33:41.840]  will pick up the other half, okay?
[33:41.840 --> 33:47.280]  And here's the scenario, if they're in your credit report, this is the debt collector,
[33:47.280 --> 33:52.880]  the creditor who's ever in there causing you this problem and when you go after debt collector,
[33:52.880 --> 33:58.840]  they're generally representing or they claim they represent or they're collecting for or
[33:58.840 --> 34:03.240]  even if they bought the debt, the old creditor is in there, you challenge the old creditor,
[34:03.240 --> 34:05.320]  you send them dispute letters.
[34:05.320 --> 34:09.640]  The old creditor has to mark the account in dispute, they need to do an investigation,
[34:09.640 --> 34:12.920]  they don't do it, it's that simple.
[34:12.920 --> 34:19.560]  So that's two $1,000 violations, the first one is they fail to mark the account in dispute,
[34:19.560 --> 34:24.120]  the second one is they're reporting erroneous and inaccurate information because you never
[34:24.120 --> 34:28.880]  provided me proof of any alleged account.
[34:28.880 --> 34:38.200]  Now if they're in three bureaus, that's $6,000 in violations, $1,000 for each violation across
[34:38.200 --> 34:44.360]  three bureaus, failure to mark the account in dispute, $1,000, reporting erroneous and
[34:44.360 --> 34:52.180]  inaccurate information, another $1,000, $2,000 there across three bureaus is $6,000.
[34:52.180 --> 34:57.320]  Same with the debt collector who's in your credit report, you send them the validation
[34:57.320 --> 35:01.800]  letter, you're putting them on notice, they need to mark your dispute in this darn thing,
[35:01.800 --> 35:06.480]  you need to mark the account in dispute in my credit report and when you don't provide
[35:06.480 --> 35:11.800]  me proof of any account, you're reporting erroneous and inaccurate information.
[35:11.800 --> 35:17.760]  So if you're across three bureaus, debt collector's another $6,000, so there's $12,000 in violations
[35:17.760 --> 35:24.840]  right there, but you see it gets better because you see they update these things every month
[35:24.840 --> 35:32.040]  in the credit report, so they break the law every month and it becomes a multiplier.
[35:32.040 --> 35:37.720]  This month you get them, all right, you got $12,000.
[35:37.720 --> 35:42.600]  Thirty days later they update that report, didn't mark it in dispute, didn't prove to
[35:42.600 --> 35:50.600]  you you owed something, here's $24,000, okay, and it just keeps going.
[35:50.600 --> 36:02.280]  If you can wait ten months, well, you'd have $120,000 just in violations plus damages.
[36:02.280 --> 36:10.400]  So the points rack up pretty quickly and if you don't understand the situation with them
[36:10.400 --> 36:15.940]  updating monthly, I'll give you, I always use a very simple scenario, a guy goes and
[36:15.940 --> 36:24.760]  robs a bank in May, robs a bank in June, robs a bank in July, and July the cops catch him
[36:24.760 --> 36:30.080]  and they know this guy robbed the bank in May and June because they got pictures of
[36:30.080 --> 36:34.680]  him and all that stuff, but they won't charge him with those crimes, they just charge him
[36:34.680 --> 36:38.000]  with the first or the last one that they caught him at, right, is that the way the system
[36:38.000 --> 36:39.000]  works?
[36:39.000 --> 36:41.060]  I don't think so.
[36:41.060 --> 36:46.960]  So it is not a right for them to update that report every month, they're breaking the law
[36:46.960 --> 36:51.500]  every time they do it, it's that simple.
[36:51.500 --> 36:55.200]  So you can rack up the violations very, very quickly.
[36:55.200 --> 37:00.920]  Some people I talked with gentleman today out of the Austin area had called me and we
[37:00.920 --> 37:04.760]  were talking and he said, well Mike, I've got some old ones in my account, he says I
[37:04.760 --> 37:09.920]  like to get going and we kind of talked about that, he's not under any pressure, he says
[37:09.920 --> 37:14.840]  my credit report is messed up now so he says I can afford to wait, I says get your validations
[37:14.840 --> 37:20.680]  out now because you may not be ready to go to court on these for six months, in the meantime
[37:20.680 --> 37:25.060]  you're racking up all the violations on them.
[37:25.060 --> 37:31.120]  So I don't recommend anybody, unless you're in dire straits, trying to take on two or
[37:31.120 --> 37:36.760]  three of these cases at one time in federal court because you will be overwhelmed with
[37:36.760 --> 37:44.320]  it, and that's what 95% of this whole thing is, it's a paper push, you very seldom go
[37:44.320 --> 37:52.360]  in the court room, you might have a rule 16 conference in the judge's chambers, it's
[37:52.360 --> 37:57.840]  totally informal, no one's under oath, you're not in a court room, you're in the judge's
[37:57.840 --> 37:58.840]  chambers.
[37:58.840 --> 38:04.240]  I have a young lady, I've worked with this stuff, she had a case of, oh I guess maybe
[38:04.240 --> 38:09.440]  she settled it about three or four months ago, it was around the first part of the year,
[38:09.440 --> 38:16.760]  and she got called into one of these rule 16 conferences in the judge's chamber between
[38:16.760 --> 38:22.200]  her, the defendant's attorney and the judge, so I figured she's going in the federal court
[38:22.200 --> 38:26.640]  room, you've got to have the right appearance and everything, she puts on the nice lady's
[38:26.640 --> 38:33.240]  business suit and the black suit and the whole nine yards with the jacket, she goes into
[38:33.240 --> 38:38.080]  the judge's chambers and there's the judge sitting there in a golf short and shorts and
[38:38.080 --> 38:45.760]  sandals, I don't know how much more laid back you can get than that.
[38:45.760 --> 38:49.240]  So they had their little conference and walked away, anyhow it took her three months to get
[38:49.240 --> 38:55.920]  the case settled, they paid her to go away, and that was the end of it, they do a settlement
[38:55.920 --> 38:59.080]  agreement, we're never going to sell this to another debt collector, we're not going
[38:59.080 --> 39:03.560]  to report it now in the future in any of your credit reports, we're not going to sell this
[39:03.560 --> 39:07.520]  to a debt collector attorney, get it all in writing, they sign it, you sign it, now you
[39:07.520 --> 39:14.200]  got a contract, God forbid they break that contract, I'm sure you could find an attorney
[39:14.200 --> 39:19.680]  who understands contract law, you wouldn't have to do anything.
[39:19.680 --> 39:27.160]  So it gets pretty interesting once you learn how to do this, and the neat thing about it
[39:27.160 --> 39:31.280]  is you've got to pay for these courses up front, and I always say if you get something
[39:31.280 --> 39:36.800]  for nothing, that's exactly what it's worth.
[39:36.800 --> 39:42.720]  The course will have my email in it, so you'll be able to email me, I will answer and work
[39:42.720 --> 39:48.880]  with you on simple questions, get you up in the federal court, you win one case, they're
[39:48.880 --> 39:54.200]  going to offer you money to go away, and it could be as little as a thousand dollars and
[39:54.200 --> 40:00.280]  sometimes it's considerably more, but if you bought the course and you paid for it, you
[40:00.280 --> 40:04.400]  just got a thousand dollars from your first case, the first question I always ask everybody
[40:04.400 --> 40:09.160]  is how much did that course cost you?
[40:09.160 --> 40:12.720]  And then if you have to do it a second time, how much did the course cost you?
[40:12.720 --> 40:17.000]  Or a third time, how much did the course cost you?
[40:17.000 --> 40:22.800]  And you're getting paid to go away, and generally like I say the bare minimum of that is a thousand
[40:22.800 --> 40:28.760]  bucks, you know, I've seen it all over the place, but a thousand dollars, you know, if
[40:28.760 --> 40:34.160]  they want to settle before they've got to go in that courtroom, no problem, notice of
[40:34.160 --> 40:38.160]  the pending lawsuit, you know, even like I told you about this one guy that called me
[40:38.160 --> 40:42.720]  and they said the debt collector sent them a letter and said they're going away, well
[40:42.720 --> 40:46.320]  that's nice, I'm glad you're going away, that doesn't forgive you for breaking the law,
[40:46.320 --> 40:49.680]  so what water can we break?
[40:49.680 --> 40:56.000]  I asked you to validate and you didn't, but your choice is they either have to validate
[40:56.000 --> 41:04.480]  it or cease collection, but here's the interesting thing folks, a lot of times they send you
[41:04.480 --> 41:10.560]  this letter, I have a gentleman in Florida right now that has two of them from a debt
[41:10.560 --> 41:17.800]  collector, an addict, and in the letter it says things like contact this office right
[41:17.800 --> 41:24.080]  away to make arrangements to pay for this thing or contact this office in 24 hours or
[41:24.080 --> 41:31.280]  call this office right away, you can't do that, there's a little thing called overshadowing,
[41:31.280 --> 41:36.880]  overshadowing, and it is in the Debt Collection Practices Act, you go read it, there's a couple
[41:36.880 --> 41:42.880]  paragraphs about it, and it has to do with the consumer warning that this is an attempt
[41:42.880 --> 41:46.680]  to collect the debt and the information obtained will be used for that purpose and it's a long
[41:46.680 --> 41:51.880]  paragraph that goes in and they talk about the consumer warning, the debt collector may
[41:51.880 --> 41:58.840]  not overshadow the consumer warning, well the consumer warning says you have 30 days
[41:58.840 --> 42:06.480]  to dispute this letter that they sent, 30 days, so when you get a letter and it says
[42:06.480 --> 42:12.480]  contact this office right away, call this office to make arrangements to make payments,
[42:12.480 --> 42:18.080]  contact this office in 10 days, that's overshadowing, it's a violation of the Debt Collection Practices
[42:18.080 --> 42:25.320]  Act, it's already on the federal books, there's case law on it, tech wiki out of the state
[42:25.320 --> 42:31.080]  of Wisconsin and federal court up there, these are federal court cases, the judges up there
[42:31.080 --> 42:36.400]  determine that that's overshadowing, a debt collector did that there, it violates your
[42:36.400 --> 42:44.680]  civil rights, oh my gosh, really, yeah, that's the point I try to bring out when you're driving
[42:44.680 --> 42:48.480]  down the street, you're doing 50 and a 30 and the cops pull you over and give you a
[42:48.480 --> 42:52.040]  ticket and then they take out the nightstick and start beating the heck out of you, you
[42:52.040 --> 42:56.360]  can't do that, you're violating my civil rights, yeah, I might have deserved a ticket but I
[42:56.360 --> 43:06.080]  don't deserve a beating, so all this stuff is all pretty much in concrete, there's a
[43:06.080 --> 43:11.920]  lot of cases I'm working with right now, people around the country, I have another case in
[43:11.920 --> 43:19.040]  Florida, a gentleman out, he's working out of Jacksonville and then I have my good buddy
[43:19.040 --> 43:23.880]  Larry down in Orlando, Larry's a bigger pain in the butt than I am, he and I have probably
[43:23.880 --> 43:30.440]  been doing this around the same time, we're very, very close, he's got a case going on
[43:30.440 --> 43:35.120]  right now, he's not in any trouble but he just likes to stir the pot, I give him a lot
[43:35.120 --> 43:36.120]  of credit for that.
[43:36.120 --> 43:42.480]  Alright, hold on, we'll be right back, we're going to talk about your friend as soon as
[43:42.480 --> 43:46.360]  we get back on the other side, we'll open up the phone lines in just a little while
[43:46.360 --> 44:00.240]  folks, we're here with Michael Maris on Rule of Law Radio.
[44:00.240 --> 44:05.320]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[44:05.320 --> 44:09.000]  Stop debt collectors now with the Michael Maris Proven Method.
[44:09.000 --> 44:13.320]  Michael Maris has won six cases in federal court against debt collectors and now you
[44:13.320 --> 44:14.320]  can win two.
[44:14.320 --> 44:19.160]  You'll get step by step instructions in plain English on how to win in court using federal
[44:19.160 --> 44:20.840]  civil rights statutes.
[44:20.840 --> 44:24.500]  What to do when contacted by phone, mail or court summons.
[44:24.500 --> 44:26.520]  How to answer letters and phone calls.
[44:26.520 --> 44:29.120]  How to get debt collectors out of your credit report.
[44:29.120 --> 44:33.760]  How to turn the financial tables on them and make them pay you to go away.
[44:33.760 --> 44:38.880]  The Michael Maris Proven Method is the solution for how to stop debt collectors.
[44:38.880 --> 44:41.040]  Personal consultation is available as well.
[44:41.040 --> 44:46.560]  For more information, please visit ruleoflawradio.com and click on the blue Michael Maris banner
[44:46.560 --> 44:49.560]  or email michaelmaris at yahoo.com.
[44:49.560 --> 44:57.240]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[44:57.240 --> 45:04.240]  To learn how to stop debt collectors now.
[45:27.240 --> 45:34.040]  Okay, we're back with Mike Maris.
[45:34.040 --> 45:35.040]  Okay, Mike, go ahead.
[45:35.040 --> 45:37.560]  You're about to tell a story about your friend Larry.
[45:37.560 --> 45:38.560]  Right.
[45:38.560 --> 45:45.800]  Yeah, Larry's out of the Orlando area and like I said, he and I have known each other
[45:45.800 --> 45:50.800]  I would say six, seven years and he's pretty intensive and as I said, he's a bigger pain
[45:50.800 --> 45:53.960]  in the butt than I am when it comes to this stuff.
[45:53.960 --> 45:58.440]  We work together on numerous cases.
[45:58.440 --> 46:04.000]  One gentleman I have in Jackson Delaria has a case in federal court right now and of course
[46:04.000 --> 46:05.000]  he's proceeding on his own.
[46:05.000 --> 46:10.600]  He bought the course and then he hired me to come in and help him with the paperwork
[46:10.600 --> 46:17.880]  and so on and so forth and Larry's case is very, very interesting and I'm going to give
[46:17.880 --> 46:22.360]  you the coordination between the two of them.
[46:22.360 --> 46:31.320]  Larry filed as a plaintiff and all similarly situated individuals and right away everybody
[46:31.320 --> 46:36.280]  hears that and says, �Oh, this is class action.� No, it's not a class action.
[46:36.280 --> 46:41.780]  But there's a trick for doing that and why you do it.
[46:41.780 --> 46:53.240]  He has 26 defendants in the case, debt collectors, credit bureaus, banks, you name it.
[46:53.240 --> 46:54.240]  They're in this case.
[46:54.240 --> 47:04.120]  They're defendants in the case and when you say similarly situated individuals, it forces
[47:04.120 --> 47:10.800]  them when you go into discovery to open the books to see how many other people they've
[47:10.800 --> 47:12.080]  done this to.
[47:12.080 --> 47:16.520]  Yes, and we hear people talking about private attorney general.
[47:16.520 --> 47:22.040]  This is the only time that you can be a private attorney general.
[47:22.040 --> 47:23.400]  That's correct.
[47:23.400 --> 47:28.040]  That's correct and he has used that in the complaint and he's already told me, he says,
[47:28.040 --> 47:31.920]  �Mike, I've had six of the debt collectors already settle with me and I won't be able
[47:31.920 --> 47:33.840]  to tell you how much he's gotten already.
[47:33.840 --> 47:34.840]  Just go away.
[47:34.840 --> 47:37.120]  They don't want to go in that court.�
[47:37.120 --> 47:47.120]  The interesting part is my guy up in Jacksonville has this attorney on his case who's representing
[47:47.120 --> 47:54.840]  the defendant and the same defendant that Larry has in his case is the same attorney.
[47:54.840 --> 47:59.480]  I find that interesting.
[47:59.480 --> 48:07.760]  So now she has three of us against her.
[48:07.760 --> 48:13.680]  We also had a very big chuckle several years ago when Larry sued � actually I sued one
[48:13.680 --> 48:20.800]  of the credit bureaus and you can see that in face are the one I sued.
[48:20.800 --> 48:24.600]  Went through that whole process, wanted to learn what was involved.
[48:24.600 --> 48:27.760]  It's a whole different approach when you go after the bureaus.
[48:27.760 --> 48:32.760]  I haven't released that course yet, I'm going to do it, but I just don't want people to
[48:32.760 --> 48:36.680]  get jumpy and go in and start cleaning up their credit report because then they lose
[48:36.680 --> 48:42.520]  all the violations in that credit report against the creditors and debt collectors.
[48:42.520 --> 48:49.320]  Anyhow, sued this bureau and went through the whole process.
[48:49.320 --> 48:50.920]  I wanted to learn this.
[48:50.920 --> 48:56.320]  They had offered me several settlement offers during discovery.
[48:56.320 --> 48:57.640]  I wanted to be deposed.
[48:57.640 --> 49:03.160]  I was deposed by them for six hours because I wanted to learn the day of the deposition.
[49:03.160 --> 49:07.880]  They asked me if I would take X amount of dollars without going through the deposition.
[49:07.880 --> 49:09.240]  My response was quite simple.
[49:09.240 --> 49:11.400]  I said, �Well, gee, I don't know if that's a good price or not.
[49:11.400 --> 49:15.840]  I have to talk that over with my constituents and let's proceed.� That started at nine
[49:15.840 --> 49:16.840]  o'clock.
[49:16.840 --> 49:21.520]  We took an hour break from noon to one for lunch and I continued from one p.m. to four
[49:21.520 --> 49:24.040]  p.m. being deposed.
[49:24.040 --> 49:27.480]  So ask me if I know what it's like to be deposed in one of these cases.
[49:27.480 --> 49:28.480]  Hmm.
[49:28.480 --> 49:29.480]  Nobody shot me.
[49:29.480 --> 49:32.480]  It was just, you know, nobody hit me with anything.
[49:32.480 --> 49:36.680]  I just sat at a conference table, myself, the defendant's attorney and the stenographer.
[49:36.680 --> 49:37.680]  That was it.
[49:37.680 --> 49:38.680]  Not very intimidating.
[49:38.680 --> 49:53.760]  Anyway, about a year later, Larry, my buddy, goes after the same credit bureau.
[49:53.760 --> 49:58.160]  And guess what lawyer he gets?
[49:58.160 --> 50:06.560]  The same lawyer I had on my case is a big law firm out of Dallas, Fort Worth area.
[50:06.560 --> 50:16.000]  They have 15 offices around the world, Hong Kong, Netherlands, Mexico City, 240 attorneys
[50:16.000 --> 50:19.600]  on staff.
[50:19.600 --> 50:23.040]  I beat him.
[50:23.040 --> 50:27.200]  So ask me if I'm afraid to go up against attorneys.
[50:27.200 --> 50:28.200]  It's pretty interesting.
[50:28.200 --> 50:32.280]  And now Larry's got the same guy I had and of course we know everything they're going
[50:32.280 --> 50:34.200]  to do.
[50:34.200 --> 50:37.800]  We know everything they're going to do.
[50:37.800 --> 50:45.920]  And one of the things I told Larry and I always wanted to be the proverbial fly on the wall
[50:45.920 --> 50:46.920]  with this one.
[50:46.920 --> 50:50.760]  I told Larry that they used to settle with these guys and defeat the group.
[50:50.760 --> 50:59.880]  Do me a favor, turn around and wave at the lawyer and tell him Mike Maris says hello.
[50:59.880 --> 51:00.880]  And he did that.
[51:00.880 --> 51:05.440]  And the guy got real squinty eyed because it had been a year or two since I had messed
[51:05.440 --> 51:06.440]  with him.
[51:06.440 --> 51:09.200]  And he said, oh yeah, tell him I said hello too.
[51:09.200 --> 51:14.440]  Can you imagine what that lawyer was thinking after hearing that?
[51:14.440 --> 51:16.800]  What the heck is going on?
[51:16.800 --> 51:24.720]  Okay, well anyhow the bottom line is we're developing such a database across the country
[51:24.720 --> 51:32.880]  of different people with different cases and I'm in touch with them.
[51:32.880 --> 51:37.360]  There isn't any response that I have seen from any of these guys that I haven't seen
[51:37.360 --> 51:39.440]  before and we know how to answer.
[51:39.440 --> 51:47.640]  And the neat part is lawyers have attorney, lawyers have access to ACER but if they don't
[51:47.640 --> 51:53.800]  know what names to put in there to see the cases, how do they find the cases?
[51:53.800 --> 51:59.080]  I don't have that problem because I know who's running the cases and I know where they are
[51:59.080 --> 52:00.920]  and I have their names.
[52:00.920 --> 52:04.980]  Okay, so it gets pretty interesting.
[52:04.980 --> 52:09.840]  This whole thing is remarkably incredible.
[52:09.840 --> 52:14.560]  A lot of people out there are kicking butt and taking names and I'm very proud of a lot
[52:14.560 --> 52:18.360]  of these folks that are doing this stuff.
[52:18.360 --> 52:22.800]  Some folks, I've got to hold their hand a little bit more, they don't get it all but
[52:22.800 --> 52:27.640]  some of them are very, very sharp and they pick up on this stuff right away and two minute
[52:27.640 --> 52:31.000]  conversation and they know where to go.
[52:31.000 --> 52:33.920]  So Debbie, did you have a question for me?
[52:33.920 --> 52:35.040]  Yes, I did.
[52:35.040 --> 52:42.960]  I was wondering what a strategy would be, say for example there was a debt where the
[52:42.960 --> 52:52.280]  information of the debt gets sold to a third party creditor, debt collector and then nothing
[52:52.280 --> 52:57.960]  ever happens, they never actually file suit and then six months later they just sell it
[52:57.960 --> 53:00.680]  to the next third party debt collector.
[53:00.680 --> 53:07.640]  How would you deal with a situation like that as far as do you have to backtrack through
[53:07.640 --> 53:13.240]  all these different debt collectors to get your credit report eventually cleaned up?
[53:13.240 --> 53:17.520]  Do you have to sue all the debt collectors or how would that work?
[53:17.520 --> 53:19.880]  Well there's a couple of ways you can do it.
[53:19.880 --> 53:24.120]  Actually the first way you're talking about would probably be the most prosperous for
[53:24.120 --> 53:30.480]  you is sue each one of them individually and make them pay to go away.
[53:30.480 --> 53:34.560]  You want to stop the current one and once you stop the current one and you get it in
[53:34.560 --> 53:39.720]  writing that you're not going to sell this now or in the future, that kind of stops it
[53:39.720 --> 53:43.620]  right there but you still got these other guys in your credit report.
[53:43.620 --> 53:47.880]  So you send them the validation letter and they better fix the problem.
[53:47.880 --> 53:50.360]  If they sold it, oh that's good.
[53:50.360 --> 53:55.080]  I'm disputing the account with you, why haven't you marked my account in dispute?
[53:55.080 --> 54:01.840]  But there's a third way of doing this which is pretty effective is when you go after the
[54:01.840 --> 54:07.520]  debt collector that's after you now, you go after the original creditor at the same time
[54:07.520 --> 54:12.040]  you name the original creditor the co-defendant.
[54:12.040 --> 54:20.280]  Do you think the original creditor has any influence with the debt collectors?
[54:20.280 --> 54:25.360]  Probably not much if they've sold it already.
[54:25.360 --> 54:36.200]  Well whether you know it or not the debt collection business is a $75 billion a year business
[54:36.200 --> 54:45.480]  and if I'm ABC debt collector and I'm collecting for XYZ bank and I just caused that bank to
[54:45.480 --> 54:52.480]  get called into a lawsuit, how many more of those debts do you think that bank's going
[54:52.480 --> 54:59.960]  to give that debt collector to collect on?
[54:59.960 --> 55:01.480]  What you've got to sued?
[55:01.480 --> 55:04.040]  We might have to have people be deposed?
[55:04.040 --> 55:07.960]  Well you know how could you let this happen?
[55:07.960 --> 55:11.000]  You know we don't want to be involved with this thing.
[55:11.000 --> 55:16.880]  Bottom line is the creditor has the ability, you know, think about this, you bought this
[55:16.880 --> 55:22.080]  thing for a hundred bucks, you bought it from the bank, bank closed up saying we want all
[55:22.080 --> 55:30.040]  them back and you're, the bank is your customer and you're going to tell them no, right?
[55:30.040 --> 55:34.280]  We're not going to get them back.
[55:34.280 --> 55:39.080]  I don't think that's going to happen.
[55:39.080 --> 55:44.160]  If it did, it's no problem, we'll go after each one of the debt collectors separately.
[55:44.160 --> 55:46.160]  Easy.
[55:46.160 --> 55:49.040]  Debt collectors don't want to go in that courtroom.
[55:49.040 --> 55:54.680]  Because isn't this whole thing illegal anyway?
[55:54.680 --> 55:55.680]  I mean...
[55:55.680 --> 56:02.320]  Well, you know, it's just a scam, you know, if you get into the details of this stuff,
[56:02.320 --> 56:07.620]  you know, these accounts are written off, the creditor writes them off, number one they
[56:07.620 --> 56:17.560]  have insurance for it, you don't have to believe me at all.
[56:17.560 --> 56:22.560]  Remember a few months ago here we had this big company called AIG that we bailed out
[56:22.560 --> 56:37.320]  for a hundred and eighty billion dollars for insuring bad notes, hmm, interesting, interesting.
[56:37.320 --> 56:42.680]  There were investors on the stock market, 60 Minutes had a very interesting program
[56:42.680 --> 56:50.200]  on this back in, I believe it was August, the last Sunday in August of last year, called
[56:50.200 --> 56:56.000]  Financial Weapons of Mass Destruction, it was called, it talked about these investors
[56:56.000 --> 57:03.740]  who bought insurance, anybody could bet on these bad mortgages and they bought insurance
[57:03.740 --> 57:10.680]  on them and the insurance didn't cost much, whole thing, whole thing, that these notes
[57:10.680 --> 57:15.600]  would go bad and the insurance companies would have to pay them off, and guess what folks,
[57:15.600 --> 57:22.400]  that's exactly what happened, exactly what happened, they made billions these guys, 60
[57:22.400 --> 57:28.440]  Minutes tried to get them on TV to talk to them, they wouldn't come on TV, they had a
[57:28.440 --> 57:35.920]  lot of law experts, professors from the law schools talking about this, they had the former
[57:35.920 --> 57:41.840]  insurance, whatever they call them, superintendent of the state of New York talking about this
[57:41.840 --> 57:47.720]  who's gambling, who's gambling, and he explained it very, very simple, you go and bet on a
[57:47.720 --> 57:53.240]  team, you don't own the team, you don't own the basketball team, you don't own the football
[57:53.240 --> 57:59.640]  team, but you can place a bet, and if they win you get paid off, this is what they were
[57:59.640 --> 58:11.000]  doing with these bad notes, wow, they knew they were going to go bad, yeah, it's like,
[58:11.000 --> 58:17.800]  you know the outcome beforehand and then you bet on the loser, alright well listen, Mike
[58:17.800 --> 58:21.880]  would you like to start taking some calls after the next break, after this break, sure,
[58:21.880 --> 58:25.840]  okay we're going to open up the phone lines now, folks if you have a question for Michael
[58:25.840 --> 58:35.200]  Mears, 512-646-1984, I just opened up the phone lines, it's 512-646-1984, if you have
[58:35.200 --> 59:00.240]  a question for us or Michael Mears, we'll be right back.
[59:00.240 --> 59:05.680]  My name is Randall Kelton and I co-host on Rule of Law Radio, we specialize in showing
[59:05.680 --> 59:10.440]  people how to strike back against corrupt public officials, with the mortgage crisis
[59:10.440 --> 59:14.720]  worsening, we set our sights on finding a remedy for people who have been cheated by
[59:14.720 --> 59:19.700]  their lenders, if you have a mortgage or have paid yours off, you have probably been cheated
[59:19.700 --> 59:26.440]  out of thousands, but there is a remedy, go to remediesinrealestate.com or call me at
[59:26.440 --> 59:34.560]  512-430-4140 and find out how to use the consumer protection laws to recover what the lenders
[59:34.560 --> 59:40.040]  have stolen through fraud and deception, we will prepare for you a qualified written request
[59:40.040 --> 59:45.340]  that will expose the fraud and put the lenders on the dime, lender fraud is bankrupting this
[59:45.340 --> 59:55.200]  country and it's time to fight back, go to remediesinrealestate.com or call 512-430-4140
[59:55.200 --> 59:59.600]  and get the information you need to stop the money changers in their tracks.
[59:59.600 --> 01:00:04.560]  This news brief brought to you by the International Newsnet.
[01:00:04.560 --> 01:00:10.000]  Giving the administration another potential excuse to stall the U.S. pullout from Iraq,
[01:00:10.000 --> 01:00:15.800]  officials are now warning that the Asab al-Haq, League of the Righteous, an anti-U.S. Shiite
[01:00:15.800 --> 01:00:20.560]  militia intends to attack the Green Zone and other U.S. bases.
[01:00:20.560 --> 01:00:25.640]  Barack Obama's advisors will likely recommend Khalid Sheikh Mohammed, the self-proclaimed
[01:00:25.640 --> 01:00:31.720]  mastermind of 9-11, be prosecuted in a military tribunal, reversing Attorney General Eric
[01:00:31.720 --> 01:00:35.000]  Holder's plan to try him in civilian court.
[01:00:35.000 --> 01:00:39.600]  If Obama accepts his advisor's recommendation, the White House may be able to secure from
[01:00:39.600 --> 01:00:45.280]  Congress the funding and legal authority needed to close the Guantanamo prison and replace
[01:00:45.280 --> 01:00:47.080]  it with a facility in the U.S.
[01:00:47.080 --> 01:00:54.400]  Top of the hour news brought to you by INN World Report.
[01:00:54.400 --> 01:00:59.640]  Signs emerged that Pentagon subway shooter John Patrick Baddell harbored strong hatred
[01:00:59.640 --> 01:01:05.440]  toward the U.S. government and the armed forces and questioned the official version of 9-11.
[01:01:05.440 --> 01:01:10.400]  Baddell was shot and killed Thursday in an exchange of fire at the entrance to the Pentagon
[01:01:10.400 --> 01:01:13.480]  station subway in Washington, D.C.
[01:01:13.480 --> 01:01:18.880]  Baddell left several Internet postings under the username jpatrickbaddell, saying he was
[01:01:18.880 --> 01:01:24.920]  determined to see that justice is served in the death of Marine Colonel James Sabo, who
[01:01:24.920 --> 01:01:29.800]  was found dead in the backyard of his California home in 1991.
[01:01:29.800 --> 01:01:34.920]  The death was ruled a suicide, but Sabo's family maintains he was murdered because he
[01:01:34.920 --> 01:01:40.760]  was about to expose covert military operations in Central America involving drug smuggling.
[01:01:40.760 --> 01:01:46.240]  Baddell said the Sabo case was a step toward establishing the truth of events such as the
[01:01:46.240 --> 01:01:50.520]  September 11th demolitions.
[01:01:50.520 --> 01:01:56.200]  Senate Armed Services Committee Chairman Carl Levin says the Pentagon should consider Blackwater's
[01:01:56.200 --> 01:02:03.080]  past, quote, deficiencies in deciding whether to award a $1 billion contract to train Afghan
[01:02:03.080 --> 01:02:04.720]  national police.
[01:02:04.720 --> 01:02:10.520]  Levin wrote Defense Secretary Robert Gates, quote, incidents in Iraq led many to conclude
[01:02:10.520 --> 01:02:15.440]  that Blackwater was not a suitable contracting partner for the U.S. government and contributed
[01:02:15.440 --> 01:02:21.120]  to the company's decision to change its name, adding the inadequacies in Blackwater's performance
[01:02:21.120 --> 01:02:26.520]  appear to have contributed to a shooting incident that had undermined our mission in Afghanistan.
[01:02:26.520 --> 01:02:31.680]  Levin also said the firm may have misappropriated government weapons and carried arms without
[01:02:31.680 --> 01:02:33.040]  authorization.
[01:02:33.040 --> 01:02:39.240]  Blackwater guards have been accused of murdering 17 Iraqi citizens in cold blood in 2007.
[01:02:39.240 --> 01:02:45.040]  In January, two U.S. security contractors working for ParaVent, a unit of Z, formerly
[01:02:45.040 --> 01:03:13.400]  Blackwater, were arrested on charges they murdered two Afghans in Kabul.
[01:03:15.040 --> 01:03:39.760]  All right, we are here with our very special guest, Michael Mears, talking about how to
[01:03:39.760 --> 01:03:43.800]  stop these rogue debt collectors.
[01:03:43.800 --> 01:03:47.920]  We do have a caller, Janice, from Texas, Janice, just hold on, Mike wanted to finish up on
[01:03:47.920 --> 01:03:52.040]  his train of thought before we went to break, go ahead, Michael.
[01:03:52.040 --> 01:03:58.320]  So anyhow, we're basically talking about financial weapons of mass destruction, as CBS called
[01:03:58.320 --> 01:04:06.640]  it on 60 Minutes back at the end of August 2009, and how these investors invested in
[01:04:06.640 --> 01:04:11.840]  these bad notes and got paid by the insurance companies.
[01:04:11.840 --> 01:04:19.720]  And very fascinating program to watch, and if you see this and you learn what happens
[01:04:19.720 --> 01:04:22.320]  and how it happened, you will be furious.
[01:04:22.320 --> 01:04:28.960]  I saw that program and I said, I am totally justified in everything I'm doing here today,
[01:04:28.960 --> 01:04:32.960]  and I know who I'm dealing with.
[01:04:32.960 --> 01:04:38.920]  We're talking briefly about, you asked me about when they don't loan money or anything
[01:04:38.920 --> 01:04:41.760]  like that, that's correct, that's a true statement.
[01:04:41.760 --> 01:04:47.600]  You're the money, without you signing the note, without them presenting the note, they
[01:04:47.600 --> 01:04:51.680]  don't get money from the feds, etc.
[01:04:51.680 --> 01:04:56.760]  Don't have to believe me, because if banks have money, I think we just bailed them out
[01:04:56.760 --> 01:05:00.560]  a few months ago, if they got money, how come we had to bail them out, that's because they
[01:05:00.560 --> 01:05:01.560]  don't have money.
[01:05:01.560 --> 01:05:03.600]  You're the money, the people are the money.
[01:05:03.600 --> 01:05:08.480]  Your note, your piece of paper, the little credit card slip you signed, that's the money
[01:05:08.480 --> 01:05:12.400]  folks, and you generate.
[01:05:12.400 --> 01:05:17.080]  So that's where the money comes from, but the point is, when these cases, when these
[01:05:17.080 --> 01:05:22.320]  accounts go south, they're insured, a lot of times they're insured for this stuff, and
[01:05:22.320 --> 01:05:26.920]  they get paid by the insurance company.
[01:05:26.920 --> 01:05:31.760]  And then they sell it to the debt collector who's got a note that's due, or a debt that's
[01:05:31.760 --> 01:05:37.960]  due with zero balance on it, that the bank got paid for it, buys it for a hundred bucks
[01:05:37.960 --> 01:05:43.160]  and turns around and goes right back up to the original amount, plus adds interest, late
[01:05:43.160 --> 01:05:47.240]  charges, and if there's an attorney involved, attorney speaks.
[01:05:47.240 --> 01:05:49.840]  What a scam, what a scam.
[01:05:49.840 --> 01:05:55.200]  And if they don't have insurance on those original accounts, guess what folks, they
[01:05:55.200 --> 01:06:01.920]  get to write it off their income tax as a business law, so they get an income tax credit
[01:06:01.920 --> 01:06:02.920]  for it.
[01:06:02.920 --> 01:06:04.400]  What do you want from me?
[01:06:04.400 --> 01:06:08.480]  Okay, I mean, this is just the stuff that goes on.
[01:06:08.480 --> 01:06:14.240]  And so I have very little pity for these guys, and I think most of the lawyers I've been
[01:06:14.240 --> 01:06:20.120]  up against, they know this, they know this stuff, and you know, unless you're asking
[01:06:20.120 --> 01:06:23.520]  for a million bucks, they're not going to fight you too hard.
[01:06:23.520 --> 01:06:28.680]  My own personal opinion, they'll sometimes put up a little defense and go back and forth
[01:06:28.680 --> 01:06:34.160]  and you'll get into 26F discovery, but once you get into discovery, you start asking the
[01:06:34.160 --> 01:06:35.160]  pointed questions.
[01:06:35.160 --> 01:06:39.600]  That clears all the mud out of the water, and then all of a sudden they see that you've
[01:06:39.600 --> 01:06:40.600]  got them.
[01:06:40.600 --> 01:06:42.600]  It's time to settle.
[01:06:42.600 --> 01:06:45.640]  Okay, Deb, go ahead, put the caller on.
[01:06:45.640 --> 01:06:48.080]  Okay, we have a caller here.
[01:06:48.080 --> 01:06:50.200]  We've got Janice from Texas.
[01:06:50.200 --> 01:06:51.200]  Thanks, Janice.
[01:06:51.200 --> 01:06:53.040]  What's on your mind tonight?
[01:06:53.040 --> 01:07:05.920]  Well, a little while back, I had gotten in touch with DirecTV, getting a cable, not cable
[01:07:05.920 --> 01:07:14.000]  but satellite, and I had called a lady and they had sent out a bunch of pamphlets about,
[01:07:14.000 --> 01:07:22.280]  oh, for $29 you can have this, 150 channels, and for $39 you can have over 200 and something
[01:07:22.280 --> 01:07:30.280]  channels and all this stuff, and so I really needed to save on my expenses, so I said I
[01:07:30.280 --> 01:07:37.360]  would try it, but I told them, I told the lady I would absolutely not agree to a contract.
[01:07:37.360 --> 01:07:43.040]  Oh, no problem, you have any problem, you just send it all back, no problem at all,
[01:07:43.040 --> 01:07:44.040]  blah, blah, blah.
[01:07:44.040 --> 01:07:53.880]  Well, in total, it will only cost you like $46 or $56 for the whole thing, and so I said
[01:07:53.880 --> 01:07:54.880]  I would try it.
[01:07:54.880 --> 01:08:06.360]  Well, no sooner had the man gotten there to start setting everything up, all these different
[01:08:06.360 --> 01:08:08.240]  things are going on.
[01:08:08.240 --> 01:08:13.400]  After promising me there was no contract, suddenly it's supposed to be a two-year contract
[01:08:13.400 --> 01:08:22.160]  and the bill that was promised to be $59.99 a month turned out to be $90.88, and then
[01:08:22.160 --> 01:08:30.360]  they want, I wanted my TV to work with TiVo, all of a sudden, nope, they can't do that,
[01:08:30.360 --> 01:08:36.480]  and then the installation of the TiVo and Internet, they had promised that they were
[01:08:36.480 --> 01:08:43.120]  going to do the Internet as well as the TV and everything, and we're talking about putting
[01:08:43.120 --> 01:08:44.120]  it all together.
[01:08:44.120 --> 01:08:49.920]  Well, I'm trying to talk to these people for hours on the phone, and they keep switching
[01:08:49.920 --> 01:08:52.360]  from this place to that place to this place.
[01:08:52.360 --> 01:08:57.200]  They can't give me a total because it's with a different company.
[01:08:57.200 --> 01:09:05.880]  He shuts my TV cable off, Internet, he shuts that off, and he's not giving me that, but
[01:09:05.880 --> 01:09:13.080]  he shuts it off, and I'm sitting there now with no Internet, and you know, I'm sitting
[01:09:13.080 --> 01:09:18.600]  there arguing with them for hours and hours and hours, and my ears are burning from talking
[01:09:18.600 --> 01:09:23.960]  so long, and then the man comes in and says, got to go, I got to get to the next one, you
[01:09:23.960 --> 01:09:28.160]  know, and everything, and Walt is out of there, doesn't even show us how to set anything up
[01:09:28.160 --> 01:09:38.720]  or anything, and I'm finding out all of these other things, about $90 instead of the $59
[01:09:38.720 --> 01:09:44.520]  and everything, and I kept telling them, no, I didn't agree to that, that's not the agreement,
[01:09:44.520 --> 01:09:48.280]  and they said, I don't care what the other lady said, doesn't matter what the other lady
[01:09:48.280 --> 01:09:52.720]  said, you've got no proof of that, that was all on the phone, blah, blah, blah, and yet
[01:09:52.720 --> 01:09:57.000]  they're saying I'm under contract.
[01:09:57.000 --> 01:10:05.520]  So in results, they finally came down on the price after I refused to budge on the monthly
[01:10:05.520 --> 01:10:15.640]  and everything, but then they charged me $900 total on my MasterCard for what was supposed
[01:10:15.640 --> 01:10:22.800]  to have been $20 just to start the process, and everything.
[01:10:22.800 --> 01:10:27.680]  I didn't even think about the fact that they had my MasterCard, or I would have gotten
[01:10:27.680 --> 01:10:32.400]  along with them a little bit better, but I was just so mad about all the lies, just one
[01:10:32.400 --> 01:10:42.800]  thing after another, and everything, and they kept a lot of that money.
[01:10:42.800 --> 01:10:45.800]  So that's where I am.
[01:10:45.800 --> 01:10:51.240]  They kept a lot of my money, and the MasterCard got them to take some of it back, after I
[01:10:51.240 --> 01:10:56.880]  sent everything back to them and everything, all of the equipment, but they still have
[01:10:56.880 --> 01:11:00.240]  kept over $400 and something.
[01:11:00.240 --> 01:11:05.120]  So I assume you disputed with your credit card holder.
[01:11:05.120 --> 01:11:15.140]  I disputed with my credit card holder and everything, but these people haven't made
[01:11:15.140 --> 01:11:17.000]  it right.
[01:11:17.000 --> 01:11:24.680]  Okay, so a couple of quick questions, are they in your credit report, do they have a
[01:11:24.680 --> 01:11:27.760]  debt collector after you, or what?
[01:11:27.760 --> 01:11:33.160]  Well they were sending me a lot of bills for a long time, and I kept arguing with the people
[01:11:33.160 --> 01:11:41.360]  calling me that they were lying to me, and at first they were saying, ah, prove it, prove
[01:11:41.360 --> 01:11:42.360]  it, prove it.
[01:11:42.360 --> 01:11:44.360]  Well are they in your credit report, have you checked your credit report?
[01:11:44.360 --> 01:11:50.400]  I have not checked my credit report, I've never gone on there.
[01:11:50.400 --> 01:12:00.200]  Yeah, because generally, the satellite DISH companies now, I had DirecTV once, once and
[01:12:00.200 --> 01:12:06.680]  one time only, I've always dealt with DISH, and DISH has been, I can't speak well enough
[01:12:06.680 --> 01:12:12.480]  of them, they're very, very good, their installers are very good, I've had no issues or problems
[01:12:12.480 --> 01:12:17.400]  with them, but I had an opportunity at one time to get a package with phone service and
[01:12:17.400 --> 01:12:25.560]  so I switched a bit over to DirecTV, it took them four trips to get my wireless connections
[01:12:25.560 --> 01:12:30.080]  hooked up with the extra TV and apps, they didn't know what they were doing.
[01:12:30.080 --> 01:12:38.000]  I couldn't wait to get rid of them, and I will not deal with DirecTV, but anyhow DISH
[01:12:38.000 --> 01:12:45.720]  is my preferred service, I've had it probably since, I'm going to say 2000 or so when they
[01:12:45.720 --> 01:12:57.240]  first came out, so I've had them for almost ten years, but anyhow, you have some recourse,
[01:12:57.240 --> 01:13:06.480]  they owe you money, and I had a very interesting situation with a telephone company here, a
[01:13:06.480 --> 01:13:11.760]  year and a half ago, on a wireless device, similar situation to what you've just gone
[01:13:11.760 --> 01:13:17.600]  through, and I bought one of these little plug-in wireless devices from my laptop and
[01:13:17.600 --> 01:13:25.920]  it didn't work, and the reason it didn't work is the telephone company that provided it,
[01:13:25.920 --> 01:13:32.640]  and it's the biggest telephone company out here in the west, they're headquartered out
[01:13:32.640 --> 01:13:37.040]  of Denver, I'm not going to give their name because I do have a confidentiality agreement
[01:13:37.040 --> 01:13:44.240]  with them. They charged me $55, $52.99 for the device, and I paid for it, I took it home,
[01:13:44.240 --> 01:13:48.800]  it didn't work, I contacted them, oh we're going to send you a UPS box to send it back,
[01:13:48.800 --> 01:13:55.200]  okay great, send me the UPS box, I sent it back to them, I kept the tracking number and
[01:13:55.200 --> 01:13:59.760]  everything, I know when they got it, called them up a week or so later after they got
[01:13:59.760 --> 01:14:06.960]  it, oh yeah we got it, we're working on getting you your refund, that was just $52.99, I'm
[01:14:06.960 --> 01:14:13.160]  sorry, a year later I don't have the refund. I finally am hooked up with their people in
[01:14:13.160 --> 01:14:17.800]  Denver and their corporate headquarters and the guy says well we don't have that in our
[01:14:17.800 --> 01:14:22.640]  records, I said well I paid with it with my credit card at your kiosk in the mall where
[01:14:22.640 --> 01:14:30.720]  I bought it, you know I can produce the credit card records, and okay so I sent him the credit
[01:14:30.720 --> 01:14:35.680]  card record, sure enough there it is, black and white, I paid the $52.99, nothing, the
[01:14:35.680 --> 01:14:42.480]  guy didn't even respond back to me, we're doing emails, I says okay boys, I got to get
[01:14:42.480 --> 01:14:48.200]  your attention and you're dealing with a guy that knows how to get your attention, so what
[01:14:48.200 --> 01:14:54.760]  did Mike do, Mike goes down to his little local courthouse and goes into the small claims
[01:14:54.760 --> 01:15:03.160]  office there, small claims court files a complaint, $65 to file it and then I had to have them
[01:15:03.160 --> 01:15:13.360]  served, cost me another $65 to have them served, explained in the complaint what was going
[01:15:13.360 --> 01:15:20.640]  on, why they owed me this refund, etc., etc., they get served, 24 hours after they get served
[01:15:20.640 --> 01:15:24.920]  I get a call from somebody in their corporate head or hey we just headquarters, they just
[01:15:24.920 --> 01:15:30.280]  hey we got your complaint and we'd like to resolve this, Mr. Maris if we give you back
[01:15:30.280 --> 01:15:35.680]  your refund and everything will you dismiss the case with prejudice, I says yeah I says
[01:15:35.680 --> 01:15:42.680]  but you know I've got $65 in court costs and process or oh we'll give you that, so they
[01:15:42.680 --> 01:15:54.160]  took the $52.99 and ran the bill up to $185 over a refund and I asked the lady that was
[01:15:54.160 --> 01:15:58.960]  on if I said you know I got to ask you one question because I don't understand why you
[01:15:58.960 --> 01:16:05.760]  would go through this over $52.99, I had the receipts, I had proof, I gave you back the
[01:16:05.760 --> 01:16:14.120]  unit, it wasn't broken, original boxes, everything, her answer to me was Mr. Maris we just don't
[01:16:14.120 --> 01:16:22.840]  have the systems in place to generate the refund, okay, she says to me will you dismiss
[01:16:22.840 --> 01:16:28.880]  the case, ma'am I'll dismiss the case with prejudice as soon as I get your check, two
[01:16:28.880 --> 01:16:34.600]  days later the check was in my mailbox and I went down and dismissed but I got my money
[01:16:34.600 --> 01:16:47.720]  back, okay, we're going to break Janice do you have more questions, I was just trying
[01:16:47.720 --> 01:16:53.440]  to find out if that's what I do is go to Small Plains, yeah, okay very good we'll be right
[01:16:53.440 --> 01:17:02.200]  back on the other side with Michael Maris, 512-646-1984, hello Austin my name is Harlan
[01:17:02.200 --> 01:17:07.200]  Deidre owner of Brave New Books a local independent bookstore here in town, many of you are familiar
[01:17:07.200 --> 01:17:11.080]  with the bookstore and have attended some of our events, we've been proud to host speakers
[01:17:11.080 --> 01:17:16.040]  like Alex Jones, Ron Paul, Jim Mars, Katherine Albert, Webster Carpley, G. Edward Griffin
[01:17:16.040 --> 01:17:20.600]  and many other heroic figures in the patriot movement but now Brave New Books needs your
[01:17:20.600 --> 01:17:25.160]  help in order to continue to provide a space for these events and be an outlet for hard
[01:17:25.160 --> 01:17:30.320]  to find materials, we're going to need you Austin to help spread the word about the bookstore,
[01:17:30.320 --> 01:17:34.240]  please tell your friends and family about the wide variety of materials we offer, we
[01:17:34.240 --> 01:17:39.560]  also have DVD duplication capabilities for all you activists, also if you haven't visited
[01:17:39.560 --> 01:17:44.120]  us yet please come down and show your support, it is so easy to support the big corporate
[01:17:44.120 --> 01:17:48.960]  chain stores that do nothing to further our message, remember you vote with your dollars,
[01:17:48.960 --> 01:17:55.000]  we're counting on you Austin, if you need any information please call 512-480-2503 or
[01:17:55.000 --> 01:18:24.840]  visit us at 1904 Guadalupe Street, thank you everyone.
[01:18:25.880 --> 01:18:33.800]  I was blindsided but now I can see your plans You put the fear in my pocket
[01:18:33.800 --> 01:18:40.840]  Took the money from my hands Ain't gonna fool me with that same old trick again
[01:18:40.840 --> 01:19:05.640]  Ain't gonna fool me Ain't gonna drop me with that same old sucker punch
[01:19:05.640 --> 01:19:13.480]  I get it now but then I must have been out of love Back then you had room to move
[01:19:13.480 --> 01:19:17.960]  But now you're feeling the grunge Ain't gonna get me with that same old sucker punch
[01:19:17.960 --> 01:19:28.360]  Alright we are back folks with Michael Maris, callers if you'd like to call in 512-646-1984
[01:19:28.360 --> 01:19:36.840]  And Michael okay I had another question, alright say for example well I have a friend right now
[01:19:36.840 --> 01:19:43.560]  who's about to buy your course because they're looking at some credit card issues themselves
[01:19:43.560 --> 01:19:52.160]  and turns out that well as I was saying earlier you've got a third party debt collector who
[01:19:52.160 --> 01:20:00.680]  apparently bought the debt or bought the information relating to the debt as Jeff Sudjik would clarify
[01:20:00.680 --> 01:20:07.720]  and then nothing ever happened it got disputed but nothing ever happened so then they sold it
[01:20:07.720 --> 01:20:13.600]  after six months and now there's another debt collector attempting to collect this debt now
[01:20:13.600 --> 01:20:20.200]  neither one of these third party debt collectors have gotten into this person's credit report
[01:20:20.200 --> 01:20:30.440]  Only the original creditor is in the credit report so what would the strategy be at this point
[01:20:30.440 --> 01:20:33.880]  and you were saying earlier that you don't advise people to clean up their credit report
[01:20:33.880 --> 01:20:38.440]  too quickly on these things because they're actually helping you so can you give us a little
[01:20:38.440 --> 01:20:42.600]  strategy for this situation and explain about the credit report
[01:20:42.600 --> 01:20:47.920]  When you're dealing with a debt collector okay that's the purpose of the validation letter
[01:20:47.920 --> 01:20:53.280]  to go out and tell me what this is all about or they'll send you a letter saying hey you
[01:20:53.280 --> 01:20:57.720]  know we're trying to collect this debt that was previously belonged to Bank of America
[01:20:57.720 --> 01:21:07.160]  or Citicard or Chase or whoever that one and you know we now own this and we want our money
[01:21:07.160 --> 01:21:13.520]  and well when you validate with the debt collector they have two things they must do one they
[01:21:13.520 --> 01:21:22.760]  must prove to you that you actually had this account and I go back to the old down there
[01:21:22.760 --> 01:21:31.160]  in Texas there you know on the grassy knoll in Dealey Plaza 63 I saw you standing up on
[01:21:31.160 --> 01:21:35.560]  that knoll I know you pulled the trigger on Kenny I know I saw you do what the heck does
[01:21:35.560 --> 01:21:42.680]  that mean where's the proof because I say it or put it down on a piece of paper it must
[01:21:42.680 --> 01:21:48.480]  be the truth right and that's how they do this stuff when they get these debts they
[01:21:48.480 --> 01:21:55.200]  very seldom have a lot of information they'll have your name your social your current address
[01:21:55.200 --> 01:22:00.480]  or previous address maybe your phone number that's basically how they get this stuff they
[01:22:00.480 --> 01:22:06.960]  don't have a lot of detail but then they'll come back with things like statements and
[01:22:06.960 --> 01:22:11.640]  stuff like that maybe you can get some of those and send them to you unfortunately statements
[01:22:11.640 --> 01:22:18.960]  are not proof of any debt either as a contract if you want to know what proof of alleged
[01:22:18.960 --> 01:22:25.840]  debt is very simple to find out they made a very good example of it there's a case called
[01:22:25.840 --> 01:22:35.480]  Spears versus Brennan out of Indiana out of the appellate court there and they explained
[01:22:35.480 --> 01:22:41.760]  very nicely what it takes to prove a debt the contract is not proof of a debt statements
[01:22:41.760 --> 01:22:49.040]  are not proof of any debt it's called a ledger accounting and what a ledger accounting is
[01:22:49.040 --> 01:22:54.840]  is from the day the account was open where did all the monies go the monies you paid
[01:22:54.840 --> 01:23:01.640]  in the monies you took out the interest that was charged late payments anything like that
[01:23:01.640 --> 01:23:07.720]  through today that's what it takes to prove a debt just because somebody says so on a
[01:23:07.720 --> 01:23:15.440]  piece of paper doesn't mean it's true that's why the contract and it's very simple to understand
[01:23:15.440 --> 01:23:20.280]  if you have a credit card and you've never used it and you had a contract for that credit
[01:23:20.280 --> 01:23:28.440]  card and it was never used what good is the contract it doesn't prove you spent any money
[01:23:28.440 --> 01:23:35.040]  or borrowed any money on the credit card that's what this case explains very very nicely the
[01:23:35.040 --> 01:23:42.040]  appellate court up there explained it very very nicely a ledger accounting so anyhow
[01:23:42.040 --> 01:23:49.240]  get back to your point in hand I would go after the creditor I would go after the debt
[01:23:49.240 --> 01:23:53.200]  collector of course with the letter of validation and if they're not your credit report that's
[01:23:53.200 --> 01:23:59.120]  okay because whoever they're claiming the original creditor is they're in your credit
[01:23:59.120 --> 01:24:04.280]  report you go after them you send them a dispute letter they're required to do some things
[01:24:04.280 --> 01:24:09.400]  mark the account in dispute prove to you you owe something they don't do it they don't
[01:24:09.400 --> 01:24:14.760]  have to because they're big multi-billion dollar corporations and folks if you really
[01:24:14.760 --> 01:24:20.200]  sit down and think why they don't do it you know it's very easy to understand take a bank
[01:24:20.200 --> 01:24:31.680]  like Citibank Debra how many credit card customers do you think Citibank has millions tens of
[01:24:31.680 --> 01:24:39.040]  millions at least let's say two million let's keep it conservative and let's say out of
[01:24:39.040 --> 01:24:45.920]  the ten out of the two million a year you they get ten percent of them who dispute or
[01:24:45.920 --> 01:24:50.640]  argue or you know or calling them up about issues and I think that's a low number so
[01:24:50.640 --> 01:25:01.840]  that's two hundred thousand people a year calling them now how many clerks do you think
[01:25:01.840 --> 01:25:11.720]  Citibank has on staff to answer all these phone calls probably not very many if any
[01:25:11.720 --> 01:25:17.360]  at all they outsource all these kinds of phone calls overseas well they do that but here's
[01:25:17.360 --> 01:25:26.560]  the problem okay you're dealing with an electronic system and what these clerks do basically
[01:25:26.560 --> 01:25:32.840]  they get a letter and they put the person's name in and they push a couple of buttons
[01:25:32.840 --> 01:25:39.960]  and spits out a letter and it goes out the mail and it's all done automatically because
[01:25:39.960 --> 01:25:46.880]  if you think about it if they have three hundred clerks doing this stuff they would need to
[01:25:46.880 --> 01:25:52.780]  hire three thousand to handle each one of these issues individually now you say okay
[01:25:52.780 --> 01:25:58.080]  three thousand people well yeah but you see you got to pay those people a salary you got
[01:25:58.080 --> 01:26:05.040]  to pay them benefits retirement and it affects their bottom line so what's the big deal we
[01:26:05.040 --> 01:26:11.320]  get you know a hundred people a year suing us it's easier to pay them people off than
[01:26:11.320 --> 01:26:17.480]  to hire three thousand more clerks to handle the real problem and have a human being involved
[01:26:17.480 --> 01:26:25.200]  with this stuff it's just cheaper and you no one can convince me that is how it works
[01:26:25.200 --> 01:26:32.680]  same with the credit bureaus it's all done electronically credit bureau does an investigation
[01:26:32.680 --> 01:26:42.200]  it's seven minutes the clerks they're instructed they have to do ten or eight or whatever the
[01:26:42.200 --> 01:26:47.640]  number is an hour okay on these investigations well I don't know how much you can investigate
[01:26:47.640 --> 01:26:55.360]  six minutes on somebody so anyway the point is when you go after these guys you go after
[01:26:55.360 --> 01:27:00.240]  the debt collector you get them and then you go after the creditor and you bring them both
[01:27:00.240 --> 01:27:05.440]  into the same lawsuit and it's really simple the creditor would be the co-defendant and
[01:27:05.440 --> 01:27:10.320]  we go back to the situation that the debt collector is going to be very very concerned
[01:27:10.320 --> 01:27:15.360]  because you've got his customer in to a federal courtroom and you're suing them and it's making
[01:27:15.360 --> 01:27:23.000]  the debt collector look incompetent careless and you're the company who's in there as the
[01:27:23.000 --> 01:27:29.080]  co-defendant who's giving them these accounts and I know if something like that happened
[01:27:29.080 --> 01:27:34.720]  to me somebody I hired or gave stuff to to do business with and they got me involved
[01:27:34.720 --> 01:27:39.280]  with a lawsuit I'd be pretty reluctant on giving them any future business so the first
[01:27:39.280 --> 01:27:43.760]  step would be to send this validation letter to both the original creditor and the debt
[01:27:43.760 --> 01:27:50.280]  collector well you send a validation letter to the debt collector there is a difference
[01:27:50.280 --> 01:27:55.640]  you don't validate with the creditor a creditor doesn't have to answer a validation letter
[01:27:55.640 --> 01:28:03.600]  okay okay a debt collector has to answer a validation letter I don't know who you are
[01:28:03.600 --> 01:28:08.440]  I've never done business with you before and you know you need to prove to me I owe this
[01:28:08.440 --> 01:28:13.960]  thing under sworn you know penalty of perjury under oath type of stuff and got the limited
[01:28:13.960 --> 01:28:18.600]  cease and desist in there and gee I hope we can settle this aim and complete thank you
[01:28:18.600 --> 01:28:25.840]  sign it send it off to them the creditor and the debt and the credit euros are very very
[01:28:25.840 --> 01:28:32.960]  simple it's just a dispute letter your name your address I recently pulled my credit report
[01:28:32.960 --> 01:28:37.200]  I know you've noticed you're reporting erroneous and inaccurate information to my credit report
[01:28:37.200 --> 01:28:42.080]  I dispute it and you don't even have to get that specific with them you just got to say
[01:28:42.080 --> 01:28:48.000]  hey you're in my credit report I dispute this item sign it send it to them it's that simple
[01:28:48.000 --> 01:28:55.920]  because at that point they've been put on notice we've got a problem here we need to
[01:28:55.920 --> 01:29:02.840]  look at this and then of course they'll come back a lot of times and say to you yeah we
[01:29:02.840 --> 01:29:10.160]  got your letter of dispute but we need more information we need the 16th digit account
[01:29:10.160 --> 01:29:16.400]  number and your social security number please provide that we'll continue our investigation
[01:29:16.400 --> 01:29:33.000]  you're in my credit report and you don't know who I am is that right Mr. Creditor get
[01:29:33.000 --> 01:29:39.360]  that one to fly with the judge and jury very well okay and we have a caller on the line
[01:29:39.360 --> 01:29:44.760]  Tony from Illinois so we'll be going to the calls on the other side this is the rule of
[01:29:44.760 --> 01:30:00.400]  law we're with our very special guest Michael Maris we'll be right back
[01:30:00.400 --> 01:30:05.760]  are you the plaintiff or defendant in a lawsuit win your case without an attorney with Juris
[01:30:05.760 --> 01:30:12.560]  Dictionary the affordable easy to understand for CD course that will show you how in 24
[01:30:12.560 --> 01:30:19.000]  hours step by step if you have a lawyer know what your lawyer should be doing if you don't
[01:30:19.000 --> 01:30:23.960]  have a lawyer know what you should do for yourself thousands have won with our step
[01:30:23.960 --> 01:30:31.320]  by step course and now you can too Juris Dictionary was created by a licensed attorney with 22
[01:30:31.320 --> 01:30:36.880]  years of case winning experience even if you're not in a lawsuit you can learn what everyone
[01:30:36.880 --> 01:30:42.680]  should understand about the principles and practices that control our American courts
[01:30:42.680 --> 01:30:50.280]  you'll receive our audio classroom video seminar tutorials forms for civil cases pro se tactics
[01:30:50.280 --> 01:30:56.720]  and much more please visit ruleoflawradio.com and click on the banner or call toll free
[01:30:56.720 --> 01:31:25.960]  866-LAW-EASY
[01:31:25.960 --> 01:31:42.320]  all right we are taking your calls we've got Tony from Illinois and Mark from Wisconsin
[01:31:42.320 --> 01:31:46.440]  Mark just hang on Tony was first he's been waiting for a few minutes Tony thanks for
[01:31:46.440 --> 01:31:51.040]  calling in what's your question for our guest actually I don't really have a question it's
[01:31:51.040 --> 01:31:56.580]  been a while since I've read up on this sort of thing but there are so many violations
[01:31:56.580 --> 01:32:02.400]  you can get against these third-party collection agencies there's so many laws protecting
[01:32:02.400 --> 01:32:08.600]  you not just federal but state for example I think federal law you they can't call you
[01:32:08.600 --> 01:32:15.480]  after nine isn't that correct that's correct some states though I believe they can't call
[01:32:15.480 --> 01:32:22.720]  you up to seven sure and I think there might be a few states where they can't talk to your
[01:32:22.720 --> 01:32:34.800]  spouse yeah and well you see the thing is my friend you want them to call you pardon
[01:32:34.800 --> 01:32:42.160]  I know that sounds crazy what's that you want them to call you and I know that sounds crazy
[01:32:42.160 --> 01:32:46.200]  getting at that was you know a lot of people are afraid to talk to the collection agency
[01:32:46.200 --> 01:32:50.080]  you should be eager to talk to them and record the call because there's so many ways that
[01:32:50.080 --> 01:32:57.840]  they screw up well in my course I give you 18 questions to ask them and they're rather
[01:32:57.840 --> 01:33:02.280]  simple when they call up you know you ask them you know what's their name what's the
[01:33:02.280 --> 01:33:07.600]  name of the company they're collecting for what's the address what's the phone number
[01:33:07.600 --> 01:33:12.440]  what's the name of the original creditor what's their address what's their phone number when
[01:33:12.440 --> 01:33:17.840]  you get down the 18th question this is usually the killer question and what is your social
[01:33:17.840 --> 01:33:24.080]  security number well I'm not going to give you that but you don't have to have that oh
[01:33:24.080 --> 01:33:29.320]  yes I do I don't know who I'm talking to you could be anybody I'm entitled to full disclosure
[01:33:29.320 --> 01:33:36.880]  what is your social security number well I'm not going to give that to you oh really okay
[01:33:36.880 --> 01:33:43.720]  well unfortunately I don't talk to non-entities and hang up on them now what do you think
[01:33:43.720 --> 01:33:50.680]  happens well sometimes they'll screw up and call you right back that's right that's what
[01:33:50.680 --> 01:33:55.240]  you want them to do and then they forget to give you the mini Miranda warning now this
[01:33:55.240 --> 01:34:00.400]  is an attempt to collect the debt every time they call you they must do that now that's
[01:34:00.400 --> 01:34:05.560]  only in certain states if I'm not mistaken that may be 10 well my friend here's what
[01:34:05.560 --> 01:34:11.880]  is that's where your thinking is wrong under Fair Debt Collection Practices Act they must
[01:34:11.880 --> 01:34:18.180]  give you the warning every time they call you and here's my answer to your answer sir
[01:34:18.180 --> 01:34:27.000]  why don't we let the judge and jury decide when you get them in that federal court the
[01:34:27.000 --> 01:34:33.880]  other thing to this is when you send out the validation letter there's a limited cease
[01:34:33.880 --> 01:34:41.680]  and desist in there that says don't call me at home or at work only contact me by US mail
[01:34:41.680 --> 01:34:48.240]  make sure you put that phone number on that letter so they can call you will you please
[01:34:48.240 --> 01:34:51.760]  right now and I think if you tell them not to call your cell phone they can't call you
[01:34:51.760 --> 01:34:58.680]  either that's right that that's if it costs you money to receive the phone call they cannot
[01:34:58.680 --> 01:35:03.320]  call you on that number you're absolutely right you can rack up a ton of violations
[01:35:03.320 --> 01:35:09.720]  but here's the caveat just yours sorry not just your spouse in certain states but any
[01:35:09.720 --> 01:35:18.920]  any person if they if these collection fees give you give say your fellow employees more
[01:35:18.920 --> 01:35:26.320]  right just just your your their phone number if they say what the call is about that's
[01:35:26.320 --> 01:35:34.320]  another violation that's a big one too yeah absolutely you know the point is under the
[01:35:34.320 --> 01:35:42.040]  debt under the federal debt collection practices act if you read the law it's only one thousand
[01:35:42.040 --> 01:35:51.920]  dollars per case for violations so you can have ten violations on them for ten thousand
[01:35:51.920 --> 01:35:56.440]  dollars and file your complaint accordingly and the first thing they're going to come
[01:35:56.440 --> 01:36:02.680]  back to you and say oh you can't get ten thousand dollars because the law says it's only one
[01:36:02.680 --> 01:36:09.160]  thousand dollars per case really well you know what Mr. Attorney you might be right
[01:36:09.160 --> 01:36:17.760]  why don't we let the judge and jury decide let's go boy let's go in front of that jury
[01:36:17.760 --> 01:36:22.080]  that ain't got any credit reports how about the judge you think he's got a credit report
[01:36:22.080 --> 01:36:27.120]  you think maybe anybody on that jury might have had issues like this before they're not
[01:36:27.120 --> 01:36:32.200]  going to get much sympathy but I'm going to take it a step further I have a case right
[01:36:32.200 --> 01:36:39.520]  now that I'm working with a lady up in Arkansas on the lawyer answered back in the complaint
[01:36:39.520 --> 01:36:46.560]  motion to dismiss and how much couldn't understand all the violations this party that I'm working
[01:36:46.560 --> 01:36:52.920]  with got against the debt collector so she goes in and says I don't understand how you
[01:36:52.920 --> 01:37:01.000]  arrived at this you can only get one thousand dollars per violation under the debt collection
[01:37:01.000 --> 01:37:06.480]  practices act I says wait a minute let me read that one more time you can only get one
[01:37:06.480 --> 01:37:14.760]  thousand dollars and she put it in bold underline per violation under debt collection I almost
[01:37:14.760 --> 01:37:23.040]  fell out of the chair laughing are you kidding me it's one thousand per case and the lawyer
[01:37:23.040 --> 01:37:31.200]  puts in here we can get one thousand per violation I'll agree to that my that's right my my person
[01:37:31.200 --> 01:37:39.240]  went back and said hey we'll premise to that no problem yeah they do a great job shooting
[01:37:39.240 --> 01:37:44.440]  themselves in the foot you don't have to help them too much okay Brian and despite all these
[01:37:44.440 --> 01:37:51.600]  laws you know sometimes they'll call you names they'll be abusive and oh yeah sometimes they'll
[01:37:51.600 --> 01:37:56.160]  even threaten you with jail which is I mean that's the most ridiculous thing I mean you
[01:37:56.160 --> 01:38:03.360]  just got to get them get them on get them on tape and it's a it's a slam dunk oh yeah
[01:38:03.360 --> 01:38:08.800]  yeah yeah exactly and I I instruct everyone to have a recorder next to their phone if
[01:38:08.800 --> 01:38:13.640]  they're in trouble doing this on a regular basis the purpose of the recorder is not to
[01:38:13.640 --> 01:38:18.760]  be brought into into the courtroom because 99.9 percent of the time they're not going
[01:38:18.760 --> 01:38:24.120]  to let you bring a recorder in however the purpose of the recorder is that you can create
[01:38:24.120 --> 01:38:30.380]  a ledger or transcript very accurately from what's on that recording and that transcript
[01:38:30.380 --> 01:38:34.920]  can be submitted into the court as evidence and oh by the way court if you need more proof
[01:38:34.920 --> 01:38:43.160]  if the court will allow it I have it backed up on a recorder see if they want to go there
[01:38:43.160 --> 01:38:50.200]  one of my favorite questions in court was how do you know that's exactly what was said
[01:38:50.200 --> 01:38:58.040]  oh well I transcripted off the recording objection objection oh yeah you open the door that's
[01:38:58.040 --> 01:39:02.840]  right that's right that's all I wanted to add I'll get off the other guy that's waiting
[01:39:02.840 --> 01:39:09.840]  all right thank you Tony thanks Tony okay we're going now to Mark in Wisconsin hey Mark
[01:39:09.840 --> 01:39:14.840]  thanks for calling in what's your question or comment for our guest Mike oh I have a
[01:39:14.840 --> 01:39:20.760]  little story for Randy Randy always told us to go to the top don't talk to the the minions
[01:39:20.760 --> 01:39:26.320]  or the peons anyway my cable has been going down 40 50 times a day for the past month
[01:39:26.320 --> 01:39:30.600]  and the technicians just come over and tell me you know this is your fault this is this
[01:39:30.600 --> 01:39:36.960]  is your router or whatever and I knew it wasn't so I called him up and I told him I wanted
[01:39:36.960 --> 01:39:43.480]  to speak to the president and uh so so so I could send him a tort letter maybe that'll
[01:39:43.480 --> 01:39:47.240]  get somebody's attention over there and they said we can send a technician out I said no
[01:39:47.240 --> 01:39:50.840]  I don't want a technician you can talk to the manager no I don't want to talk to the
[01:39:50.840 --> 01:39:55.440]  manager I want to I want the president's name and they said well I'm sorry we don't have
[01:39:55.440 --> 01:40:00.320]  the president's name I said okay I'll look it up I'm done in Bradstreet thanks my wife
[01:40:00.320 --> 01:40:08.480]  wakes me up in the morning she says Mark there's a guy in the backyard with a ladder so they
[01:40:08.480 --> 01:40:13.680]  got it fixed the very next day before you know before I even woke up so I thought that
[01:40:13.680 --> 01:40:21.440]  was pretty cool Randy always says go to the top so that's what I did good work yeah yeah
[01:40:21.440 --> 01:40:26.680]  hey uh I was I wanted to call I sent out a letter of validation accidentally to an original
[01:40:26.680 --> 01:40:32.280]  creditor Mike yep they were they were listed as a servicer and I looked through my mortgage
[01:40:32.280 --> 01:40:36.160]  paperwork and it turns out that they're the original creditor even though they say that
[01:40:36.160 --> 01:40:41.000]  they're they're the servicer in my credit report so do I need to send them a new letter
[01:40:41.000 --> 01:40:48.360]  of investigation well it depends on what you're doing if it's you know under fair credit you
[01:40:48.360 --> 01:40:53.640]  can just send a dispute letter if they're in your credit report that's all that's required
[01:40:53.640 --> 01:40:59.320]  if you're getting into the mortgage foreclosure thing that kind of stuff qualified written
[01:40:59.320 --> 01:41:06.120]  request and I think Randy is the guy who could probably speak on that better than me oh yeah
[01:41:06.120 --> 01:41:13.840]  I just I just wanted to stack up some SCRA or SCRA violations until I get this this particular
[01:41:13.840 --> 01:41:21.800]  mortgage audited yeah yeah well then you can go after the servicer you know and and just
[01:41:21.800 --> 01:41:27.120]  dispute with the servicer you dispute the credit lines in the credit report period well
[01:41:27.120 --> 01:41:32.120]  turns out the people who say there's my servicer are actually the original or the OCs the original
[01:41:32.120 --> 01:41:37.160]  creditor so that's okay letter and tell them tell them I want an investigation instead
[01:41:37.160 --> 01:41:43.900]  of a validation uh no the number you play the better off you are you're just disputing
[01:41:43.900 --> 01:41:48.400]  it and they're required by law if you read the Fair Credit Reporting Act when you dispute
[01:41:48.400 --> 01:41:52.720]  an item they're required to mark the account and dispute and they're quite required to
[01:41:52.720 --> 01:41:59.080]  do an investigation okay so so uh they didn't mark it in dispute so I'm making three thousand
[01:41:59.080 --> 01:42:05.540]  dollars a month on them right yeah and if they didn't prove the account to you uh that's
[01:42:05.540 --> 01:42:11.840]  also another thousand dollars across each board no they didn't do that either well then
[01:42:11.840 --> 01:42:18.960]  they're reporting see they're reporting erroneous and inaccurate information because they didn't
[01:42:18.960 --> 01:42:26.200]  prove you out something so it's six thousand dollars for each month times every month they
[01:42:26.200 --> 01:42:35.600]  upgrade it yeah plus my wife yeah and so you're it's in both your reports right your
[01:42:35.600 --> 01:42:42.000]  wife's and yours everything just doubled everything just doubled oh good they didn't mark it in
[01:42:42.000 --> 01:42:48.080]  dispute either Mike yeah that's what I'm saying so you got six thousand of yours and six thousand
[01:42:48.080 --> 01:42:54.720]  in your wife's report that's twelve thousand dollars times every month they update it good
[01:42:54.720 --> 01:42:59.680]  good okay I need to give me some credit cards because that's more money than I make yeah
[01:42:59.680 --> 01:43:08.240]  and and well the point is uh you know they'll have the tendency to send you out a letter
[01:43:08.240 --> 01:43:13.280]  and say oh we need more information we need your your your social security we need the
[01:43:13.280 --> 01:43:17.280]  account number and all that and like I said earlier yeah you're in my credit report now
[01:43:17.280 --> 01:43:21.360]  you're trying to tell me you don't know who I am but you go in there and every month and
[01:43:21.360 --> 01:43:25.920]  badmouth me in my credit report you have no trouble doing that but you have trouble finding
[01:43:25.920 --> 01:43:33.600]  my account so this leads to another issue they do not have the systems in place to prevent
[01:43:33.600 --> 01:43:38.880]  error if you read the fair credit reporting act it says they must have the systems to
[01:43:38.880 --> 01:43:43.840]  prevent error so if I get a letter like that from him I just put that on the side and when
[01:43:43.840 --> 01:43:49.320]  I write up my complaint I mention the date of the letter he's asking me for more information
[01:43:49.320 --> 01:43:53.280]  and they're in my credit report but they claim they don't know who I am they must not have
[01:43:53.280 --> 01:43:57.440]  the systems in place to prevent error yeah we'll be right back mark hang on the line
[01:44:06.080 --> 01:44:13.280]  aerial spring chemtrails the modified atmosphere heavy metals and pesticides
[01:44:13.280 --> 01:44:19.680]  carcinogens and chemical fibers all falling from the sky you have a choice to keep your
[01:44:19.680 --> 01:44:31.840]  body clean detoxify with micro plant powder from hemp usa.org or call 908-691-2608 it's odorless
[01:44:31.840 --> 01:44:38.560]  and tasteless and used in any liquid or food protect your family now with micro plant powder
[01:44:39.280 --> 01:44:46.560]  cleaning out heavy metals parasites and toxins water it now for daily intake and stock it now
[01:44:46.560 --> 01:44:54.800]  for long-term storage visit hemp usa.org or call 908-691-2608 today
[01:45:16.560 --> 01:45:29.120]  all right we're here with michael meris we're speaking with mark from wisconsin callers if
[01:45:29.120 --> 01:45:39.040]  you like to call in 512-646-1984 okay we've got mark on the line all right so go ahead mike you
[01:45:39.040 --> 01:45:45.840]  were speaking about that they have to have proper systems in place to prevent error correct that
[01:45:45.840 --> 01:45:51.440]  the law you read the fair credit reporting act they must have systems in place to prevent error
[01:45:52.320 --> 01:45:59.200]  and you know when you they send you notice and say we need your social security number we need
[01:45:59.200 --> 01:46:04.720]  the account number what you must not have the systems in place to prevent error so just add
[01:46:04.720 --> 01:46:12.080]  that to the complaint as well another violation so i mean you know and and the point is when these
[01:46:12.080 --> 01:46:17.920]  go into the courts and you start dealing with the attorneys you may get some resistance up front but
[01:46:17.920 --> 01:46:23.200]  after a while they go away they get it they understand why they're in there unfortunately
[01:46:23.200 --> 01:46:28.160]  they don't teach consumer law in the law schools there's about 12 schools around the united states
[01:46:28.160 --> 01:46:37.520]  that teach it and it's optional it's optional consumer law oh we have our group here and and
[01:46:37.520 --> 01:46:43.200]  we're pretty educated in consumer law uh i've been up against a number of attorneys and i've
[01:46:43.200 --> 01:46:47.040]  had other people that have been up against a number of attorneys and we wind up educating them
[01:46:49.440 --> 01:46:54.080]  then the lights come on and they look like the proverbial gear in the headlight it's like oh
[01:46:54.080 --> 01:46:58.960]  yeah okay now we understand where you're coming from uh yeah your your client broke the law and
[01:46:58.960 --> 01:47:07.440]  i caught him what do you want to do about it it's that simple right hey mike i sent a letter to
[01:47:07.440 --> 01:47:13.520]  uh uh to the uh credit youth or the credit reporting agency told them i disputed everything
[01:47:13.520 --> 01:47:20.320]  on my credit report and they said i have to send back an itemized list yeah yeah you you know you
[01:47:20.320 --> 01:47:27.840]  got to realize who you're dealing with okay and you do have to you know put the line item name in
[01:47:27.840 --> 01:47:36.160]  abc bank cbs bank mbc bank xyz bank i disputed i disputed i disputed you got to hold them by the
[01:47:36.160 --> 01:47:42.960]  hand almost but and then see and that and then that gets them out of you know saying uh well we
[01:47:42.960 --> 01:47:49.120]  can't do an investigation because you weren't specific and i kind of agree with that to a degree
[01:47:49.840 --> 01:47:58.000]  but the point is uh when you do this you do this in a timing type of thing when you dispute with
[01:47:58.000 --> 01:48:03.520]  the creditor you wait for the creditor get their letter and then you dispute with the bureau after
[01:48:03.520 --> 01:48:07.680]  the creditor gets their letter and you send everything certified mail so you can see when
[01:48:07.680 --> 01:48:14.880]  the creditor gets their letter and then you turn the bureau on for the investigation right after
[01:48:14.880 --> 01:48:19.440]  the creditor so that they're doing the both doing the investigation at the same time and you want
[01:48:19.440 --> 01:48:25.040]  the bureau to come back and say geez we investigated this and we're reporting it correctly
[01:48:25.840 --> 01:48:30.480]  that's what you want them to say right because that means the creditor has not marked the
[01:48:30.480 --> 01:48:38.480]  accounting dispute and the bureau just confirmed it right okay have you heard of bay area credit
[01:48:38.480 --> 01:48:46.240]  mike have i ever heard of them yeah the name sounds familiar bay area credit sounds familiar
[01:48:46.240 --> 01:48:52.400]  i probably have well that's their third party bill collectors i got about six thousand violations
[01:48:52.400 --> 01:48:56.000]  out of my sent them a tort letter i've been playing phone tag with them i finally get a hold
[01:48:56.000 --> 01:49:04.880]  of the lady and she says we sent you a notice of validation i said no you didn't she said yes we
[01:49:04.880 --> 01:49:12.560]  did i said prove it so she goes on to the next thing she says we didn't give you any false or
[01:49:12.560 --> 01:49:18.080]  misleading information i said yes you did i got it documented documented and she goes we gave you
[01:49:18.080 --> 01:49:24.640]  the mini miranda every time we called i said no you didn't she goes we recorded the calls we gave
[01:49:24.640 --> 01:49:30.000]  you the mini miranda every time every time we called you and i said i recorded it too i'd like
[01:49:30.000 --> 01:49:35.840]  to hear your recording and she just hung up on me yeah yeah yeah i think she just figured out i was
[01:49:35.840 --> 01:49:42.960]  recording her too and she just lied to me three or four times in a row yeah yeah yeah well you
[01:49:42.960 --> 01:49:48.560]  know who you're dealing with and and just like people say to me when they're doing this hey we
[01:49:48.560 --> 01:49:54.000]  got a letter back from the creditor and they put some statements in the envelope to prove that i
[01:49:54.000 --> 01:50:03.040]  said you did well i said let me ask you something did they come certified mail and you signed for
[01:50:03.040 --> 01:50:09.200]  um no oh i said i know what it is they sent fedex didn't they and you had a sign for
[01:50:10.000 --> 01:50:17.040]  no oh ups no no so i'm going to ask you one simple question what did they send you
[01:50:17.040 --> 01:50:22.240]  exactly prove it you know i thought enough of the law to send everything to you certified mail
[01:50:23.200 --> 01:50:29.200]  but because i'm just a lonely no nothing consumer you wouldn't take that course of action would you
[01:50:29.200 --> 01:50:36.000]  so you could save four dollars and fifty cents okay so that tells you what they think of a law
[01:50:36.000 --> 01:50:37.520]  they could care less
[01:50:37.520 --> 01:50:43.600]  right i'm filing on them on monday um hey i made a big mistake i wondered what you what you think
[01:50:43.600 --> 01:50:48.400]  i should do about it i had uh i called up a creditor my wife said call this number this guy called
[01:50:48.400 --> 01:50:56.400]  he wants to talk to you and uh it's it's over a car paying a car uh loan and one of my cars got
[01:50:56.400 --> 01:51:01.440]  totaled in a flood and i'm in litigation trying to get my money back and i'm trying to get my
[01:51:01.440 --> 01:51:08.240]  loan one of my cars got totaled in a flood and i'm in litigation trying to get my money from uh the
[01:51:08.240 --> 01:51:13.120]  gap insurance company and i told him it was my account and everything and and you know i know i
[01:51:13.120 --> 01:51:18.640]  shouldn't have done that i screwed up i know uh but he said that he had my credit credit report
[01:51:18.640 --> 01:51:23.280]  right there in front of me in front of him and he didn't read me the mini miranda should should
[01:51:23.280 --> 01:51:29.040]  i attack him or should i just send him wait a minute whoa whoa whoa the debt collector had your
[01:51:29.040 --> 01:51:37.360]  credit report in front of you yeah really yeah you read it off to me isn't that a felony well
[01:51:37.360 --> 01:51:43.760]  it could be no it's one year violation yeah what's one year in jail permissible purpose
[01:51:43.760 --> 01:51:48.240]  to pull the report he's going to say well we're collecting a debt well did you ever prove the debt
[01:51:50.400 --> 01:51:56.400]  when i challenged you you know when you contact me you know i sent you a validation letter and
[01:51:56.400 --> 01:51:59.520]  you never proved it that to me so what's your permissible purpose
[01:52:02.160 --> 01:52:05.680]  to pull the credit report he had this before i even talked to him
[01:52:08.640 --> 01:52:12.560]  huh that's interesting well yeah they can do that yeah they can do that
[01:52:14.560 --> 01:52:17.760]  but your answer is is what is your permissible purpose to do that
[01:52:17.760 --> 01:52:24.240]  all right well i'm going to send him validation and verification and see where it goes so that
[01:52:24.240 --> 01:52:30.240]  that's not a violation for him to have the credit report well you know here's here's the issue
[01:52:30.240 --> 01:52:36.240]  okay they have to prove to you that they're collecting something and if they don't prove
[01:52:36.240 --> 01:52:43.680]  that then i think title 18 kicks in and title 18 is because you pulled that credit report it's a
[01:52:43.680 --> 01:52:50.000]  felony invasion of privacy and it's punishable by up to i believe it's two years in prison and
[01:52:50.000 --> 01:52:55.600]  it's a felony i was going to say how do they have authority to pull your credit report and
[01:52:55.600 --> 01:53:00.320]  unless you gave it to them i mean generally we're collecting a debt that's their answer
[01:53:00.320 --> 01:53:04.560]  but is that legitimate authority to pull someone's credit report
[01:53:04.560 --> 01:53:10.560]  it is unless you know how to fight it you don't know what to do
[01:53:10.560 --> 01:53:16.480]  fight it you don't know what to do they can do what they want well what i'm saying is
[01:53:17.520 --> 01:53:24.080]  generally i thought you had to sign off in order for somebody to be able to pull your credit report
[01:53:24.080 --> 01:53:30.880]  well i understand what you're saying i uh i had uh a fairly large debt collector in federal court
[01:53:30.880 --> 01:53:38.240]  a while back a couple of years now and uh they did that with me over 500 alleged account
[01:53:38.240 --> 01:53:44.000]  i valid i sent them a validation letter they never validated they were in my credit report
[01:53:45.840 --> 01:53:50.960]  and i went after them and when i sent them notice of pending lawsuit their corporate attorney called
[01:53:50.960 --> 01:53:55.680]  me what's this all about and i told them i said you know you got 10 days and well give me a little
[01:53:55.680 --> 01:54:00.400]  more time and i'll see what we can work out i said okay so i gave an extra five days he didn't respond
[01:54:00.400 --> 01:54:06.960]  it and i filed the tuesday before the monday they had to respond to the complaint he was on the
[01:54:06.960 --> 01:54:11.600]  phone to me uh i talked to a couple weeks ago i remember now we've been served with the complaint
[01:54:11.600 --> 01:54:18.880]  like to work something out and i i recorded the conversation at first i will not play that here
[01:54:18.880 --> 01:54:25.680]  but i do have the conversation and we got into it about this exact topic and my question is what is
[01:54:25.680 --> 01:54:32.240]  your permissible purpose to pull my credit report well sir we're collecting a debt i says uh well i
[01:54:32.240 --> 01:54:36.800]  understand that but what is your permissible purpose he says to me are you telling me i i can't
[01:54:36.800 --> 01:54:41.360]  pull your credit report i says sir you can do whatever you want but what is your permissible
[01:54:41.360 --> 01:54:49.920]  purpose well we were trying to collect this debt for 500 i says what debt sir he says this this
[01:54:49.920 --> 01:54:56.000]  x credit card you had was 500 balance on it but and i'm going to i said to him one more time sir
[01:54:56.000 --> 01:55:03.600]  what debt he says i i don't follow you i says last november i sent you a letter of validation
[01:55:03.600 --> 01:55:10.640]  asking to prove that i had some type of account or debt with you and you never responded to that
[01:55:10.640 --> 01:55:14.400]  so i'm going to ask you one more time what debt are you talking about
[01:55:16.880 --> 01:55:22.720]  and he got real quiet he says well he says i guess uh i guess if we went into court we'd make some
[01:55:22.720 --> 01:55:28.000]  case law and i thought to myself oh brother there's enough of it already on the books
[01:55:28.000 --> 01:55:33.360]  okay but they can do whatever they want and the only one is going to stop them is you
[01:55:35.840 --> 01:55:41.760]  well mike is it unlawful for them to pull your credit report unless you sign off of them or
[01:55:42.400 --> 01:55:48.240]  for it or not they have not if they're affiliated with the creditor they're claiming they bought it
[01:55:48.240 --> 01:55:53.520]  from the creditor we know that that's you know they're not okay but the point is that they
[01:55:53.520 --> 01:55:59.600]  pulled the report so what is your recourse your recourse is to go after them and file charges
[01:55:59.600 --> 01:56:04.960]  against them for doing that you're right they don't have a right to pull it okay unless you
[01:56:04.960 --> 01:56:10.240]  have some type of contract with them like you do with a creditor who can arbitrarily pull your
[01:56:10.240 --> 01:56:16.960]  report at any time if you have a credit card or note or anything like that it's in their agreements
[01:56:16.960 --> 01:56:23.280]  they can pull your credit report to review your credit anytime but once it goes to a third party
[01:56:23.280 --> 01:56:28.640]  to me it becomes questionable but they will do what they want because they know nobody's going
[01:56:28.640 --> 01:56:34.320]  to come after him for this stuff let me get this straight mike i think under the law only the
[01:56:34.320 --> 01:56:41.760]  original creditor insurance companies and anyone you sign and say that they can pull your credit
[01:56:41.760 --> 01:56:47.440]  report are the only people who can pull it on their you know legally right that's what that's correct
[01:56:47.440 --> 01:56:54.000]  that's correct that's correct absolutely correct that's what i thought so what so there is no
[01:56:54.000 --> 01:56:58.720]  authority for these third-party debt collectors to pull your credit report then oh and but the
[01:56:58.720 --> 01:57:10.000]  point is what are you going to do about it right well there you go and they'll keep on do you
[01:57:10.000 --> 01:57:15.520]  are you really think they're afraid of you that they're not afraid of you until you get them in
[01:57:15.520 --> 01:57:23.840]  that federal courtroom that's where the ground gets kind of leveled at that point you know
[01:57:25.040 --> 01:57:28.080]  so did i did i screw that up by admitting to the debt mike
[01:57:30.640 --> 01:57:39.120]  uh you know i i i wouldn't even hesitate to worry about that because again here's
[01:57:39.120 --> 01:57:44.800]  here's my standard answer let's let the judge and jury determine who's right and who's wrong
[01:57:44.800 --> 01:57:46.560]  that's why we have judges and juries
[01:57:49.760 --> 01:57:56.400]  let them sort it out see if they want to go there okay i can almost guarantee you that the cost of
[01:57:56.400 --> 01:58:01.440]  defending on one of these cases they're they're going to get religion pretty quick
[01:58:01.440 --> 01:58:12.960]  uh okay mark do you have anything else yeah another quick question okay all right stay on
[01:58:12.960 --> 01:58:21.600]  the line we also have fred in colorado and fred has purchased your course mike so we're going
[01:58:21.600 --> 01:58:32.080]  to go to fred after mark so fred stay on the line you're next okay all right we will be right back
[01:58:51.600 --> 01:59:06.080]  my name is randall kelton and i co-host on rule of law radio we specialize in showing people how
[01:59:06.080 --> 01:59:11.440]  to strike back against corrupt public officials with the mortgage crisis worsening we set our
[01:59:11.440 --> 01:59:16.640]  sights on finding a remedy for people who have been cheated by their lenders if you have a mortgage
[01:59:16.640 --> 01:59:22.000]  or have paid yours off you have probably been cheated out of thousands but there is a remedy
[01:59:22.000 --> 01:59:31.360]  go to remedies in real estate dot com or call me at 512-430-4140 and find out how to use the
[01:59:31.360 --> 01:59:36.800]  consumer protection laws to recover what the lenders have stolen through fraud and deception
[01:59:36.800 --> 01:59:41.920]  we will prepare for you a qualified written request that will expose the fraud and put the
[01:59:41.920 --> 01:59:48.160]  lenders on the dime lender fraud is bankrupting this country and it's time to fight back go to
[01:59:48.160 --> 01:59:57.760]  remedies in real estate dot com or call 512-430-4140 and get the information you need to stop the money
[01:59:57.760 --> 02:00:12.800]  changers in their tracks