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  • Writer's picturePOTU David, Author

Creditor Collection Lawsuit? Fight Back Resources! USA

If you are facing a creditor lawsuit, this information will empower you to FIGHT BACK, have some fun and even regain some peace of mind! Before we begin, I need to do a CYI with a couple of disclaimers. Legal matters are a mixed bag of nuts, our world can be a bit nuts!

This posting was created to provide a general audience with some insights, inspiration, and resources that I personally found useful. I cannot guarantee they will be helpful to you.

Quick disclaimer Part 1: I am not a lawyer, and nothing here is being given as legal or financial advice. You are responsible for any and all decisions you make, and, or any of the actions you decide to take. My suggestion must be that you should always seek local, professional, licensed financial and, or legal counsel regarding any legal or financial matters.

Quick disclaimer Part 2: Everything here is offered on a friend to friend basis. This information may be out of date by the time you read it, it may not apply to you depending on your geographic location or specific legal situation. This information should be used to inspire your own research and planning that you take personal responsibility for. No warranty is offered, provided, or given.

I have learned a lot about this topic during the last twenty years. I decided to add writing a book about this topic to my list of projects. Still, the need for resources is so great I felt a responsibility to create something to make immediately available.

Thinking Outloud: I have a friend who is creating a course around suing creditors and making money off from them! (laugh) I helped him get started in fighting back. The problem is liability regarding such information. He loves sue-happy creditors.

I am also thinking of another friend who fought back against two credit card lawsuits. One creditor simply did not show up; case dismissed (50% chance of that happing, not kidding.) Her other account could not believe a single mom would DARE fight! His firm gave up after about a year-long dog and pony show. She actually beat him just before the trial. The screening pre-trial judge would not allow him to proceed; he had no evidence. (he, in admiration, even offered her a job, not kidding,) She hates law and lawyers. The list goes on...

Then there are the people I inspired to fight foreclosures with a 'restart your life' strategy that I need to publish one of these days. The problem I have as an author is that I know too much about stuff when I start writing, I never get things finished because I'm never satisfied.

Most of my life, I've consulted people as a friend one on one. My mind and life experience are like a big toolbox. If we are talking at a coffee shop, I pull out the tools I think could be of value. When I write, I try to organize an f'n toolshed of hand and power tools and then present them in a way so you can be smart about choosing what would be best for you!

This week I came across someone being sued in an online in a credit-repair forum on Facebook that does not deal with lawsuits. I made a short post with some links, and the moderators removed the links. I decided to check to see if I could get referral/affiliate links related to the two tools I recommend to others, and I could.


If you are being sued, you typically have 30 days to respond. You do not have time to sort through the thousands of pieces of information on the topic.

I decided to write a book outlining my perspective and strategies I’ve used. I launched into that, and it turned into a project! I decided to create a blog posting getting you to the vital resources that I believe you will need and some personal, friend to friend insights. This is way more that I've had to win myself.


Most likely, a collector bought your debt for pennies on the dollar. The original creditor took a tax write off, and your default was factored into the interest and cost of doing business; they charged everyone else they lend money to.

The lenders (banks), borrow a $1 at cheap interest, then loan that dollar out 9 times at high interest, creating debt out of thin air. If you or I did that we would be arrested for fraud or racketeering.

Think about this for a moment. If I borrow 1 dollar at 1 % interest, I then lend out 9 different dollars to 9 different people at between 8% and 38% interest, an average of being 18% interest. I only need 1 dollar of collateral to borrow nine dollars, and I borrow that dollar from depositors for next to nothing. (It really is an interesting scheme, we call it banking.)

It may be even more amusing. As I understand it, the banks will buy insurance for the loans they make in case of default. The last big mortgage crisis they 'banked' on defaults to make money from the insurance companies instead of waiting 30 years for their profits. The US Taxpayers bailed out the insurance companies, who bailed out the banks 30 Years of profit in one lump sum. Everyone made money, accept the homeowner who's home was actually paid off up to (as I recall 3 to 7 times), was then repossessed anyway in a final 'fuck the customer' fraud. The president of the United States protected them all.

It was complicated, and the citizenship just were lambs to the slaughter. In Oregon, it was so bad, nobody could foreclose on homeowners until the Federal Government literally changed the laws enabling the defrauded homeowners to lose their homes to the criminals.

Ok, I got sidetracked. That scheme was more significant than what was exposed in the film '99 Homes.' Let us continue on with the benefits to the banks when you default: the original lender gets a tax write off, and they get paid for the full amount of the insured account. Technically, if you could afford the forensic audit and legal fees, you could, in theory, go through discovery and find your debt paid off by their insurance. If you and I tried that, we'd be guilty of double-dipping or similar fraud.

This scheme changes and evolves. Who the hell knows what version of this scheme they are doing today. Know this, your default was calculated in advance, and a whole system was designed to milk and bilk you for profits. Do not feel any shame about the reality of what you are experiencing. Your financial default was a planned actuarial event already accounted for in your interest rate, and they protected themselves from your default with a business process. What you are experiencing is a foregone conclusion.

The bottom-feeding industry you are dealing with is simply there to squeeze the last ounce of profit from any resources you may have left.

(A short political note.) You can thank Republicans and Establishment Democrats for protecting these financial businesses and banks instead of you. We have too many uneducated citizens being preyed upon by these predators. I'm sorry if your religious leader is telling you something different. All I can suggest is you look to your religious beliefs and figure out what policies actually reflect your beliefs vs. something else. We human citizens all have to deal with predators our government has empowered.

I wish I could scream WAKE THE F^^K UP to some, well, I have, and that doesn't work. There is an unholy union between politics and religions happening yet again in our world. People who should know better, do not and we the human population are being exploited by concepts beyond our understanding.

Each of us should be able to figure out basic ethics without being told what to think, or what is right or wrong. If we can't, Houston, there is a severe problem going on. Why? It is assumed by our laws and our public policies. It is expected the individual voter is able to sort out truth from fiction, good from bad which was the excuse to remove protections regarding false advertising and misinformation campaigns by politicians and political parties. I would call it information fraud. It should be illegal for anyone on the pubic payroll to defraud the public.

We have truth in lending laws, free speech is an individual right, not a corporate or political right; and lying from positions of power, is a fraud, and it should be a felony crime with severe penalties. You would arrest a Doctor giving you a false diagnosis for personal gain, wouldn't you? Would you expect a drug company held liable for falsifying research? Of course, you would. Why are politicians allowed to accept bribes, perform 'insider trading' and investing, and defraud you and I the citizen regarding any issue? America, as I write this is not a divided country; America is a country whose public is wrestling with information fraud and the criminals are still in power and we have no way of putting a stop to it yet.

Anger? Getting angry helps you push through doing things you do not want to do! I call it the ‘get it done’ energy. Once you understand what is really going on, you should be angry! This struggle and the financial attack was designed to impact you before you were born! Human beings have been checkmated financially. Law still functions, and in the USA. Most people do not realize this, but US Law was designed so that the average citizen could represent themselves without a lawyer. In regards to fighting debt collections lawsuits, I believe you have an edge of empowerment thanks to the power of the Internet.


Once the lender/banks are done taking their write-offs and insurance claims; the lenders generally bundle debts into a portfolio, and sell that portfolio to an investor. Depending on a variety of factors, your debt is sold between $.02 and $.25 on the dollar. I always found it odd that my bank never offered to settle with me for two cents on the dollar for my debts.

From there, it is a function of jurisdiction, collection policies, marketing, and statistics based upon where you live. I suspect who you are is also included as part of automated decision making. What is your level of education? How well did you do in school? Have you had any legal issues, parking violations? Did you challenge anything legally? How did those challenges turn out? How old are you? Where have you lived? What is your gender? Are you married? Kids? How old are your kids? How ‘vulnerable’ are you if legally attacked? What is your mental/emotional, psychological profile?

Do you get the idea?

Debt collection is all about one thing, and one thing only - MONEY, AND PROFIT. I remember a guy who owned a collections agency. He was well versed in being on a mission from ‘God’ to hold people accountable, which was odd considering a lot of things. He would personally knock on people's doors and quote bible verses; I remember him saying it was the best tactic he had. As I recall, he was envious of the big collectors as they do not count money, they weigh it!

Your debt is an investment. Investors buy your debts that are then assigned to be screened by an agency or law firm. The agency or firm uses software to automate harassing you within the legal guidelines, often breaking the law because most people do not know their rights.

If you and your debt meet the proper criteria, your debt will be pooped into a mass filing of lawsuits on retainer who have automated their court filings. Most likely, your lawsuit was rubber-stamped by a legal secretary and signed by a lawyer who signed 50 other lawsuits just like yours today. It is all a boilerplate, probably provided the firm by a $175 a year subscription (guessing) to the State Bar that approves the annual forms for their type of law subscription.

I've seen really crappy boilerplates, looking over the paperwork gives you an idea of how lousy of a lawyer you are dealing with. These bottom-feeders keep it as simple as possible, so if they ever do have to show up in court, they do not have to think much. They fully expect to win because 99.98% of the people simply do not even respond. They literally get empowered to 'take' by force everything you have left by default judgment, without a fight.

This is one of the reasons I suggest you always ‘challenge’ notices. When you get a billing notice from any collector that has words like: ‘you have 30 days to challenge this notice; otherwise, it is assumed to be valid.’ Challenge them.

I believe they are literally profiling you to see if you are someone who challenges things. 'Think about it.' They prefer to sue people who do not respond. Wouldn't you?

Thinking out loud: If you were a d or c grade law student who barely survived law school, lazy-shit-for-brains, bottom-feeding-lawyer? Instead of helping people, you work on a retainer plus back end commission. You barely passed the bar exam. You make an above-average living as a rubber-stamp bully of people who is financially struggling. They are predators on the weak. I hope to inspire you to fight back and make them slither back to the slime pits of legal shame where belong.

Our sleaze bag rubber-stamp lawyer relies on the fact that most people cannot afford the $10,000 retainer to hire a lawyer. The prey's $25.00 a month legal service is basically worthless for this situation (nothing but a referral service to struggling lawyers usually willing to give a discount...ok, so for a $3,000 to $5,000 retainer…) OR, the law firm will make a phone call and try to negotiate on your behalf some kind of settlement. Getting you paying monthly for 100% of a debt, their client paid $.02 on the dollar for, or 75% or 50% is a massive financial win for them. What they will not be willing to do is fight for you, and oddly, are probably not very good fighters themselves.

I do not know how many times I have called and have been told 'David, you can't do that, or it is not done that way.' I'll then go ahead and do it, and my motion is granted. If the law allows it, that is good enough for me. I'll let a judge decide, not some lawyer who would 'prefer' not to dare ask. I'm a pro se' I'll dare ask; hell, I'll dare. That is what drives lawyers nuts, and if I have any goal here besides winning, it is to annoy a lawyer. I have stories. 'Pro se' means, representing yourself. I have noticed that judges allow citizens a lot of leeways to make mistakes which is an advantage in this game.

You were probably offered a settlement that you could not afford, which is why you are now being sued. Whatever! Here you are, being sued. You do not have the money to hire a lawyer to fight this. If you did, it would be cheaper to pay the debt or negotiate a settlement.

Right now, you do not know how to fight this. The collectors are trying to mentally and emotionally disrupt you, and they f'n failed. I know this because you sought out this information and you found it!

Let's dig in a bit about the process of your next steps and fighting back.


  1. You call the lawyer and beg to work out a payment plan. You work something out, you start making payments, and they withdraw the lawsuit. Everyone is happy. Do this if you can, often you can get at 50 to 75% discount, but you’ll have to ask.

  2. You do nothing, they get a default judgment against you. The collector really cannot do much of anything in terms of collections on the unsecured debt until they have a judgment against you. Once they have that, they can do a lot of things to fuck with you; I kid you not; you do not want them to have that power in your life. If this ever happens to you, you will NEVER vote Republican or establishment Democrat for the rest of your life. You have no idea, and depending on the state you live in, holy shit, it is terrible. Do not, I repeat, do not do this one. The lazy lawyers are counting on you doing nothing. It is an automatic win for them, even if they break the law. Cheating? Breaking the law? You have no idea.


  1. You, the debtor, responds, and then fight back. Get Resource A (below), and find out where you are and start there. It is available on kindle. If you can afford Resource B (below), get that too; at least get the free stuff and sign up for their newsletter. You will get useful tips.

DIGGING DEEPER: Wherever you live, there are your ‘Revised Statutes.’ For example, I live in the state of Oregon, we have the ORS (Oregon Revised Statutes); I can go get them and print them out. They cover EVERYTHING. The last time I looked at the section about debts, debt collections, and related was like 2 to 4 pages (that was all.) Then there is the Fair Debt Collections Act, which is longer but is not very long. You’ll want to get a current copy of that too. You should be able to get a copy of those right off the web.

You will soon discover what the law actually is and is not, and you do have rights, and best of all, BEST OF ALL, there is a PROCESS.

Do you know who HATES Legal Processes? Lazy lawyers. Legal processes take time, and you can ask for extensions and postponements. It actually starts to look and feel like a ‘game.’ Great idea; it is a game. The only person worried about the outcome of this game is you. Since you have no choice about playing the game, you may as well play it, and play it to win. Don’t make it an easy win.


(Use this to negotiate or as the last straw)

Good question. There are two different types. One reorganizes your debts, dismisses some, and you can cancel it, the other once you start, you are committed to it and are under the courts’ jurisdiction. Sadly our Federal Courts are being taken over by business-only centered interests, which are putting thumbscrews to human citizens. Most voters have no idea how they have hurt themselves in the event they ever find themselves struggling financially. The things we ‘fight about’ vs. what goes on behind the scenes is obscene. We human citizens have lost a lot of ground over the last 20 years.

Bankruptcy is a reset. I like to view it as the nuclear financial bomb. It puts a halt to aggressors and can put a stop to foreclosures, wage garnishments, and other abuses by collectors. My suggestion is to look at bankruptcy as a tool in your toolbox, You pull that bad boy out under certain circumstances only. I can think of two times in my life when I probably should have declared bankruptcy.

The first time, I even prepared the paperwork myself! Thinking back, it is probably best to hire a lawyer, then again, I have seen lawyers totally screw their clients. Unless you are in a rush, do some research! There are some tips and tricks out there; you do not want to break the law, but it is totally ok to make forgivable mistakes that work in your favor. This is all a lot more fun and enjoyable if you think of it as a GAME!

Seriously, it sucks, it is stressful, I get it! If you are going to go down, why not go down fighting? Try some crazy shit? It is December 2019, in the USA. After observing my Federal Government, especially Republican Congressmen and Senators, I have a whole new concept of how BAT-SHIT crazy legal anything can be!

'Your honor, I am confident I a Russia AI Squirrel hacked my credit card company's account, and none of those charges belong to me. This case should be dismissed. I am a victim of International Cyber Terrorism. I move that this case be dismissed!'

It will never get to that point, but I think Judges in our courts are going be hearing some really crazy shit in the years ahead.

Tip - insight: whoever is suing you does not want to go to court. They want to settle. They will almost always win in 'arbitration'; hoping that will scare you; do not be fooled. Never accept arbitration results unless you are the winner. Arbitration is a waste of time and money and is nothing but a scare tactic.

Suggestion: Learn about the law and the processes of before hiring a lawyer. A good lawyer is fantastic, and most of us are clueless as to what a good one is, and what good advice is. Resource B is the only resource that can get you up to speed fast!

Tip-Insight: You can rebuild your credit in 6 months to a year after declaring bankruptcy. Oddly, as soon as the gavel falls, you are a good credit risk again almost instantly. Don’t allow anyone to ‘shame’ you around this. Walt Disney declared bankruptcy so often, as I recall, they changed the laws to slow him down. Biblically all debts were commanded by ‘God’ to be forgiven in a 7-year cycle for the good and health of the nation. I think there was some wisdom in that.

(Something I didn’t know!)


The Costs of Responding

Great question! Go to your court and ask. They can’t give you legal advice, but they may have forms you can fill out to ‘respond.’ (Not kidding!) You can even counter-sue if you’d like. (Why not consider it?)

You will most likely be given a form to fill out for having all of your fees ‘deferred’ or ‘dismissed.’ No matter who you are, if you request a deferral, there is a very high probability you will get it. Your most significant qualification is your willingness to participate.

Basically, you get a line of credit with the court. If you are unemployed and homeless, the odds are probably 100% that you will qualify for this line of credit, but it will not be called that. Why?

Regardless of the outcome, you can come back to court and ask the fee's to be dismissed. This is one of the most surprising aspects of America's legal system that most citizens do not realize is available to them. It is YOUR legal system, and it was designed to EMPOWER citizens to fight back.

Many people do not fight back because they can’t afford the ‘fees’ and do not know this.

One of my friends that I mentioned earlier dragged her collector lawyer through the courts for just over a year! She filed motions, and discovery, and objections, she lost in the mandatory arbitration (everyone does) but it revealed the collectors’ case.

Long story short, she wracked up court fees across three lawsuits against her. (She was also fighting foreclosure on her home, and that is another huge story for another time.)

The court dismissed the case before it went to trial (strategy from Resource A.) When she was done, the court sent her a bill. I think the bill was a total of about $3,800 after years of fighting. They had easy repayment terms too. She went to the court for a hearing called an ex parte’, and the judge dismissed ALL of her fees. Yea read that again, dismissed ALL of her charges. No guarantees that will happen, but it does happen all of the time. Boy, was she feeling cocky after all of that!

Me? When I fought back against a creditor’s legal action, I only rang up $600 of deferred court fees, (I had a concussion at the time,) not my best work. They gave up before arbitration (laugh), and dismissed everything and removed all reporting from the credit bureaus. The court gave me a repayment plan of $25.00 a month, with no interest. I paid it back over 5 months. I was glad to be done with it. If I hadn't had the concussion, I would have done the ex parte, and I probably would have gotten the fees dismissed.

Point? - Oddly, the courts and even judges admire citizens that learn enough about OUR legal system to know the basics of functioning within it. Once you understand the process, you’ll successfully fight traffic, parking, and other tickets, too! I have been well served over the years with that knowledge! Judges find it refreshing when a citizen knows the ropes!


What do you need to do next and when?

Find out what you have to do next and by when. Plan to get whatever that is done, a business day early. You really have to own your timelines. If today is the day, you have to respond, get the book (Resource A) - on kindle, find out what you need to do next, and hammer out your response.

Then get a handle on the strategy. Respond even if your response is to say you disagree and want another thirty days to answer to research and prepare a better answer.

Even if your request for another 30 days is denied, you have responded saying that you disagree. That should buy you enough time to get up to speed on how to defend yourself. It really is that simple, AND the court probably has a form you can fill out for free if you do not have a printer at home or a template to fill out. You can write a response by hand.

The peoples at the courthouse can’t give you legal advice (wink-wink), but they can tell you what form you need next and what the process is! That is initially all you need! Often court staff can tell you what the options for the form they just gave out are. Court clerks can usually tell you where the ‘law library is’ and suggest a book or two. Court staff will remind you how they can not help you. Let them not help you.

Between you and me, I think they love it when a citizen fights back against these bottom feeder lawyers! Be willing to ask for help, listen, listen between the lines, and take notes.

The wheels of the law turn slowly, the only thing you need to learn and focus on is what is next. Think of it like stringing pearls. You only have to focus on the next pearl.

You do not have to master all of the law, only what pertains to you and that next pearl. The lawyer you are up against probably is working 100 or more cases expecting all of them NOT to respond. YOU only have to master one case - YOURS, and if you get stuck (unlikely with the Internet & Google), you can get legal questions answered cheap! (That prepaid legal service could come in handy!)

Listen, when you fight back and respond, it is a total pain in their ass! Their $$ per hour goes down dramatically; their expenses go up, and holy shit if you start exercising all of your legal rights, OMG!! They have to work.

If they are not the original creditor, there is a very high probability they will not win. They really do NOT want to deal with you, 100x do not want to deal with you. If they are the original creditor, all they are seeing is their expenses going upon an already losing situation.


Exercise ALL of your LEGAL process Rights, ALL!

Oh, you have to reschedule the hearing because you are sick or something. (do not abuse this); or a motion to postpone, you just realized the date for (whatever) is during your period, and you are usually a hormonal mess, whatever. Make a reasonable request, play the game, make them jump through YOUR hoops.

You will love RESOURCE A.

Do not forget ‘Discovery,’ and subpoenas, you’ll want to know what they paid for your debt. They’ll redact it saying it is none of your business; it looks like it is time for a hearing and let the judge decide that; file a motion. Exercise your rights.

Be a demanding little puffer fish exploring every nook and cranny. Own your timelines and wait until the last minute to submit the stuff. If you can, make them panic and work on the weekend. Timing is a beautiful thing.

Lawyers will sue you on or just before your birthday, Christmas is a favorite, they are ruthless fuckers; play their game. Remember, they have 100 cases, you have 1; it is a GAME. Have an idea party with your friends; get creative - how can you GAME these assholes fairly and legally? Turn the tables. Get to peace around the worst-case scenario.

You could, for example, get your ducks in a row for filing a re-organizational bankruptcy. If it looks like they are about to win something, get a stay of execution just for filing. Time passes. You could also reach a point where you are sick of all of this, and just pull the plug on them once you've learned everything you want from this experience.

I like to imagine there is a secret list, it is the ‘whatever you do, do not sue these evil debtors list.’ I suspect that collectors have a list they share among themselves. I want to be on that list, YOU want to be on that list.

Fight back once, and the odds are, if there is a list, you'll be on it!


If you are facing a 'foreclosure,' you will need Resource B. From my observation, the days of 'winning' are over. Your government has screwed all homeowners. The fraud behind the scenes was beyond epic. What you can do is exercise your legal rights. You do this by fighting tooth and legal nail, which could take years in court and empower you to get your financial life together to move forward with dignity.


Disclosure: these are affiliate links, which means if you order through these links, the author makes a small commission. Referring people to this information, buying these resources through these links helps me cover the costs of keeping and maintaining this site.


This is the best 'Fight Back Strategy' I have used:

“Stick It To Sue Happy Debt Collectors: Learn How to Fight Debt Collection Lawsuits and Win”

by Allen Harkleroa

AMAZON, multiple formats - opens to a new tab:

If you are so broke you can’t afford this; it is probably ‘out there’ somewhere, violating the author’s Copywrite in pdf format.

If you seek and find this information for ‘free,’ and it works for you. Come back and buy the full book price when you are able and buy the kindle version for yourself through the link above.

In the future, and a friend is in need, give them your book, come back here and buy another copy, full retail. This rewards everyone, especially the author; that is you how to say ‘thank you for saving my ass’; in these situations.


"How to Win In Court"

PRO SE' LEGAL TRAINING - At least get the free tips/newsletter!

Some of the 'Free' newsletter titles you'll get in your first week are:

  • 'How To Win Without Going To Court'

  • 'How To Control Corrupt Courts'

This is a complete legal training course with resources. This is not ‘cheap.’ I think I paid $250 for this a couple of decades ago. There is a TON of free stuff. Best investment I've ever made on this topic. Every citizen should go through this training at least once in their lives.

They may have consulting available. If you can figure out a way of getting this, do it. At least grab the free stuff.

This is written by a lawyer for citizens. It demystifies the legal system. You will never be afraid of the courts after going through this training. You will have RESPECT and even admiration for the law.

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If your intended gift is over $15,000 (USD), please contact the author first to coordinate the proper filing of IRS gifting paperwork.


VEMNO: @potudavidauthor






I helped one couple stay in their home 'rent-free' for about 3 years. It was a 1.2 million dollar home, their mortgage as I understood it was around $12,000 a month (a horrible loan.) With my insights I saved them $288,000, what is funny, their bank was so corrupt if what I heard happened, the probably reclaimed their home and literally 'suspended in time' that 1.2 million dollar mortgage. It was interesting. I just pointed them in the right direction, suggested these and some other resources and shared some real-life stories. That was perhaps the biggest feather in my cap.

A single mom was being swindled; well, she learned how to fight back, killed a $50,000 predatory load, saved herself $50,000 in phony interest, and got refinanced at a lower rate too; oddly, she had to 'default' to qualify. It was a risk, she won. She did hire a lawyer at one point. I think all it all it cost her like $1,200 because she knew what she was doing (Resource #2).

Most credit card lawsuits go away when you stand your ground. $5000 here, $2700 there, $15,000 over there, etc. You tip 20% when you go out to eat? - laugh - when life turns around for you, and it will; consider remembering this author!

If 10 million people buy resources 1 and or 2; this author will be 'done' financially; and then can staff up to work on having a more profound positive impact on helping change our world.

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