TABLE OF CONTENTS

INTRODUCTION ............................................................................................................................................... 3

DEFENDING AGAINST DEBT COLLECTION LAWSUITS .................................................................... 4

1. UNDERSTANDING THE REAL PARTY IN INTEREST ......................................................................... 5

2. KEY DOCUMENTS TO REQUEST AND VERIFY ................................................................................. 6

A) ASSIGNMENT AGREEMENT:..............................................................................................................................................6

B) CHAIN OF TITLE: ........................................................................................................................................................................6

C) ORIGINAL CREDIT AGREEMENT: ...................................................................................................................................7

D) AFFIDAVIT OF DEBT:..............................................................................................................................................................7

E) BILLING STATEMENTS: ..........................................................................................................................................................7

F) PROOF OF NOTICE: .................................................................................................................................................................7

USE THIS SAMPLE MOTION AS A TEMPLATE: ...................................................................................... 11

INSTRUCTIONS FOR FILING THE MOTION ........................................................................................... 14

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 2

 INTRODUCTION

H
ey there, I'm Residual Joe, and I've put together this free checklist to
help you out. But before we dive in, let's get something important out
of the way:

DISCLAIMER: This checklist and guide are for informational purposes only and
do not constitute legal advice. Every case is unique, and laws vary by state.
Always consult with a qualified attorney for legal advice specific to your
situation.

Now, with that said, let's get to the good stuff. With consumer debt hitting
record highs, I'm on a mission to help the average Joe keep their hard-earned
money and fight off garnishment from aggressive debt collectors.

This checklist is packed with insider knowledge on how to defend yourself

against unfair debt collection practices. It's like having a legal aid in your
pocket, covering everything from determining the real party in interest to filing
motions for dismissal.

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DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 3

 DEFENDING AGAINST
DEBT COLLECTION LAWSUITS

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 4

 1. UNDERSTANDING THE
REAL PARTY IN INTEREST

When faced with a debt collection lawsuit, it's crucial to determine if the
plaintiff is the real party in interest. Here's why:

Legal Standing: Only the true owner of the debt has the right to sue.

Prevents Misrepresentation: Debt collectors often falsely claim

ownership.

Protects Defendant's Rights: Ensures due process and fair defense.

Validates the Claim: Forces plaintiff to prove ownership and

authenticity.

Ensures Legal Compliance: Verifies adherence to FDCPA and state laws.

Preserves Judicial Resources: Prevents unnecessary litigation.

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 5

 2. KEY DOCUMENTS TO
REQUEST AND VERIFY

A) ASSIGNMENT AGREEMENT:
Check for proper execution, dating, and clear debt identification.

Verify authorized signatures and notarization (if required).

B) CHAIN OF TITLE:
Request documentation for each transfer if sold multiple times.

Ensure unbroken chain from original creditor to current plaintiff.

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 6

C) ORIGINAL CREDIT AGREEMENT:
Must include all terms, conditions, signatures, and relevant dates.

D) AFFIDAVIT OF DEBT:
Should be based on personal knowledge of the debt.

Must include statement under penalty of perjury.

Check for necessary supporting documents.

E) BILLING STATEMENTS:
Should show detailed account activity.

Verify amounts and terms match the original agreement.

F) PROOF OF NOTICE:
Confirm you received notice of debt transfer.

1. Detailed Checklist for Determining the Real Party in Interest

2. Assignment Agreement:

○ Is it properly executed, dated, and identifying the specific debt?

○ Are signatures from authorized representatives present?

○ Is it notarized if required? Example violation: If the assignment

agreement is undated or lacks specific debt identification, it's
potentially invalid and violates proper documentation
requirements.

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 7

3. Chain of Title:

○ Is there documentation for each transfer?

○ Is the chain of title unbroken? Example violation: If there's a gap

in the chain of title (e.g., missing documentation for one of the
transfers), the current plaintiff may lack standing to sue.

4. Original Credit Agreement:

○ Is it provided with all terms, conditions, and signatures? Example

violation: If the plaintiff can't produce the original credit
agreement, they've failed to establish the fundamental basis of
the debt, which can be grounds for dismissal.

5. Affidavit of Debt:

○ Is it based on personal knowledge?

○ Does it include a statement under penalty of perjury?

○ Are supporting documents attached? Example violation: An

affidavit signed by someone without personal knowledge of the
debt (e.g., a robo-signer) violates legal requirements and can be
challenged.

6. Compliance with Laws:

○ Does it adhere to FDCPA and state-specific laws?

○ Is the lawsuit within the statute of limitations? Example violation:

Filing a lawsuit after the statute of limitations has expired is a
violation that can lead to case dismissal and potential FDCPA
counterclaims.

7. Documentation Quality:

○ Are all documents complete without missing sections?

○ Is information consistent across all documents? Example

violation: If account numbers or debt amounts differ between
documents, it raises questions about the validity of the claim and
the plaintiff's record-keeping.

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 8

8. Billing Statements:

○ Do they show detailed account activity?

○ Do amounts match the original agreement? Example violation: If

billing statements show unexplained fees not mentioned in the
original agreement, it could indicate improper charges.

9. Proof of Notice:

○ Did you receive notice of debt transfer?

○ Does the notice comply with state requirements? Example

violation: Failure to provide notice of debt transfer within the
timeframe required by state law can be a violation of due process
and debt collection regulations.

10. Legal Standing:

○ Has the plaintiff demonstrated they are the real party in interest?
Example violation: If the plaintiff can't prove they legally own the
debt (e.g., through a valid assignment), they lack standing to sue,
which is grounds for dismissal.

11. Steps to Take If Documentation is Missing

12. Formally request missing documents from the debt collector.

13. File a motion to dismiss if critical documents are absent.

14. File a motion for a more definite statement.

15. Challenge the admissibility of insufficient affidavits.

16. Highlight statute of limitations if applicable.

17. Use discovery tools (interrogatories, requests for production,

depositions).

18. Prepare a defense highlighting case deficiencies.

19. Consider consulting a consumer rights attorney.

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 9

20. Responding to the Lawsuit

o Act promptly: You usually have 20-30 days to respond.

o File an Answer: Respond to each allegation in the complaint.

o Consider Counterclaims: If the debt collector violated FDCPA or

other laws.

o Attend all court hearings.

o Prepare for discovery and possible trial.

21.Filing a Motion to Dismiss for Lack of Standing

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 10

 USE THIS SAMPLE MOTION AS A
TEMPLATE:
Filing Instructions:

1. Fill in all placeholders with your case information.

2. Sign and date the motion.

3. Complete the certificate of service.

4. File the original with the court clerk and keep copies.

5. Mail a copy to the plaintiff's attorney via certified mail.

6. Protecting Your Rights

o Verify the lawsuit is within the statute of limitations.

o Ensure compliance with FDCPA and state debt collection laws.

o Consider consulting a consumer rights attorney for complex

cases.

Remember: Always respond to court summons and attend all hearings. Being
proactive in your defense can significantly impact your case outcome.

By following this guide, you'll be better equipped to defend against unfair debt
collection practices and protect your rights in court.

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 11

IN THE [NAME OF COURT]

COURT OF [YOUR STATE] [YOUR COUNTY]

[CASE NO. [Your Case Number]

[PLAINTIFF'S NAME],

Plaintiff, vs. [YOUR NAME],

Defendant.

MOTION TO DISMISS FOR LACK OF STANDING

Defendant [Your Name], appearing pro se, hereby moves this Honorable Court to
dismiss the complaint filed by Plaintiff [Plaintiff's Name] for lack of standing. In
support of this motion, Defendant states as follows:

1. The Complaint lacks essential documentation to establish Plaintiff's standing.

○ The Plaintiff has failed to provide a copy of the original credit agreement
between the Defendant and the original creditor, Navy Federal Credit
Union (NFCU).

2. The Plaintiff has not provided proof of assignment.

○ The Plaintiff has not produced any documentation evidencing the

assignment of the alleged debt from NFCU to Plaintiff [Plaintiff's Name].

3. Without proof of assignment, Plaintiff cannot demonstrate it is the real party

in interest.

○ To sue for a debt, the Plaintiff must show an unbroken chain of title from
the original creditor to the Plaintiff. This requires valid assignment
agreements for each transfer of the debt.

4. The lack of necessary documentation violates procedural rules and due

process.

○ Without the original credit agreement and proof of assignment,

Defendant is unable to verify the validity of the debt and prepare an
adequate defense.

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 12

 5. Plaintiff has not complied with the requirements of the Fair Debt Collection
Practices Act (FDCPA).

○ The FDCPA requires that a debt collector provide validation of the debt
upon request. Plaintiff has not provided sufficient validation documents
as requested by the Defendant.

WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the
complaint with prejudice due to Plaintiff's lack of standing and failure to state a claim
upon which relief can be granted.

Respectfully submitted,

[Your Signature]

[Your Printed Name] [Your Address]

[City, State, ZIP Code]

[Phone Number]

[Email Address]

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion to Dismiss for
Lack of Standing was mailed, postage prepaid, to:

[Plaintiff's Attorney's Name]

[Plaintiff's Attorney's Address]

[ City, State, ZIP Code]

on this [Date] day of [Month], [Year].

[Your Signature]

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 13

 INSTRUCTIONS FOR FILING
THE MOTION
1. Fill in the Blanks: Replace the placeholders with the relevant
information for your case, including the court name, case number, and
names of the parties involved.

2. Sign and Date: Make sure to sign and date the motion.

3. Certificate of Service: Complete the certificate of service section to show

that you have mailed a copy of the motion to the plaintiff's attorney.

4. File with the Court: File the original motion with the court clerk and
keep copies for your records.

5. Serve the Plaintiff: Mail a copy of the motion to the plaintiff's attorney
using certified mail, return receipt requested, to ensure proof of delivery.

6. This sample motion provides a template for defendants to use when

challenging a debt collector's standing to sue. It's a powerful tool in your
defense strategy. Remember to adjust the content as necessary to fit
the specific details of your case.

7. Protecting Your Rights

o Verify the lawsuit is within the statute of limitations.

o Ensure compliance with FDCPA and state debt collection laws.

o Consider consulting a consumer rights attorney for complex

cases.

Remember: Always respond to court summons and attend all hearings. Being
proactive in your defense can significantly impact your case outcome. Good
luck and I can’t wait to show you the other tools I offer in my self taught
mentorship see you soon .

Residual Joe

DEBT COLLECTOR'S NIGHTMARE: YOUR 7-POINT PLAN TO 14