Maine Media Resources Home This page updated February, 2012
Credit Card Lawsuit Defense
This work is a philanthropic effort provided free of charge by Maine Media Resources in an effort to educate our fellow man on the fraud that is the U.S. banking system and show how to compose a legal defense to most forms of debt collections for credit cards and other loans within the banking system. Most of the research has already been published in the Fort Fairfield Journal - a newspaper of general circulation for Fort Fairfield, Maine, by editor/publisher, David Deschesne.
These are sample court documents that you may see in a fight with a Credit Card company. This is not legal advice. The forms presented here are for information and education only. No warrantees, either express or implied are offered. Maine laws are cited where applicable, other State laws may be similar and titles/sections will need to be researched by you, if you wish to make appropriate changes.
Before you begin with your legal battle, you should understand the basics about our monetary system and how banks literally create money from nothing. You should first read our short thesis on money and our summary of the banking system in: Bank Loans, Credit Cards and Counterfeit Money: The Fraud of Contracts, After reading these two short works, you will understand how all banks and credit card companies NEVER suffer any damages and have, in fact damaged you. One very important element to remember in battle is the Plaintiff (Credit Card company) must prove damages (applicable law cites enclosed in sample forms.)
Whenever a credit card collection agency or lawyer makes an initial contact with you to collect an alleged debt, ALWAYS answer them immediately with a Debt Collector Disclosure Statement. Send it via Certified mail, Return Receipt Requested and keep records of everything. You will use this information in any upcoming lawsuit they may initiate against you. Never answer questions or admit to anything over the phone, there are a lot of scam artists out there masquerading as debt collectors, so if you receive a phone call simply tell them you do not do business over the phone, tell them to put their request in writing and mail it to you. Keep a file of all correspondence. Again, never discuss anything to do with debt collections over the phone and never agree to anything.
All court documents should contain the appropriate captions and docket number. The generic "John H. Doe" will be used for the purposes of the sample forms. In most cases, a credit card lawsuit will not actually put you in a courtroom. Most of the pleadings will be done through the mail (original to the Clerk of Court and a copy to the Plaintiff's lawyer.)
Bankers will not wish to discuss their fraud in court especially if there's a counterclaim against them. By forcing them to prove damages, in order to prevail, they will have to show where the money came from to fund the alleged loan; this will prove the counterclaim against them and they will lose...of course, only if you have a judge who follows the law, or a jury who has above a 4th grade education. Remember, you can always appeal.
Sample court forms:
These are merely samples. Facts, events, and State law citations may have to be changed to fit your particular circumstances. Capitalization is important. Keep names ALL CAPS where shown and Upper/Lower case where shown. These are sample forms from a real court case, still in progress. Final outcome is still to be determined.
Yellow highlighted sections of the form are areas you will have to change to fit your own situation. Copy and paste into Word program, make changes then shut the highlight feature off before you print.
THEM: Original Complaint
ANSWER THE COMPLAINT/INITIATE DISCOVERY
You will have 20 days to answer - don't delay!
YOU: Reply to Complaint
YOU: Request for Production of Documents (include with Reply)
YOU: Request for Admissions (include with Reply)
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PLAINTIFF WILL NOT WANT TO PRODUCE DOCUMENTS
The Plaintiff (bank) will not want to produce the documents because it will show there is no debt. You must move to compel them to produce!
THEM: Plaintiff's Reply to Request for Production of Documents
YOU: Defendant's Reply Will be reconstructed soon
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PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Plaintiff will probably move for Summary Judgment, which means they are implying none of the facts presented are disputed and are asking the judge to rule on the facts as they are, without a trial. You MUST deny the facts with an answer, affidavit, and Statement of Facts.
YOU: Response to Motion For Summary Judgment Read this through to make sure all facts listed match yours - change as necessary.
YOU: Affidavit
YOU: Statement of Undisputed Material Facts (include with Reply to a Motion for Summary Judgment. Refer to your state's
Rules for Civil Procedure)
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THE HEARING
After Summary Judgment motion and your response to it (see above) the court will schedule a hearing. If the lawyer is from far away, it will probably be via telephone. It may, however be in person. You should prepare an oral argument.
YOU: Oral Argument Under Construction!
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COUNTERCLAIM
If the Plaintiff screws up and somehow manages to send you the documents you requested, you will be able to prove the fact that they damaged YOU! If so, here is how you would request to amend the docket to make Plaintiff a Defendant to a Counterclaim
(This whole section is still under construction)
YOU: Counterclaim Under Construction
THEM: Plaintiff's Reply to Counterclaim
YOU: Counterclaimant's Reply to Plaintiff's reply to counterclaim
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VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT
If the Credit Card company/bank either attempts to collect an unverified debt against you, or hires a debt collector/attorney to collect an unverified debt against you, they are in violation of the Fair Debt Collection Practices Act and are breaking Federal Law. After request for them to verify the debt by sending the Debt Collector Disclosure Statement (see above, paragraph II) and they refuse to verify the debt per your request, they can be sued in Federal District Court. It is very easy to file a claim against a bank or attorney in US District Court as it requires very little paperwork.
Contact me with your questions: david@mainemediaresources.com
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