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BY: NEIL GARFIELD
BY: NEIL GARFIELD
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Debt Validation Letter
This generic Debt Validation Letter is a quick and legally recognized way to establish legitimacy before you proceed to negotiate with a debt collector. When a debt collector (not the original creditor) contacts you about an unpaid debt, we always recommend starting with a debt validation letter. Under the Fair Debt Collection Practices Act (FDCPA), that means you send a formal letter requesting that the collector provide proof that the debt is legitimate, that you are the person who legally owes the debt and that the collector has the right to collect the debt. If a debt is fully legitimate, then the collector should have no trouble complying with the validation letter. It makes perfect sense for borrowers to protect themselves legally by asking that debt collectors prove they are legitimate before any money changes hands.
A debt validation letter doesn’t just establish whether you owe the debt, but to whom you owe it and how much. Many debt collection law firms will add fees and interest to the debts they collect, and send letters with unfamiliar amounts. Your validation letter will force them to account for all the money they are demanding and show how they arrived at the new figure. Law firms may try not to include these calculations because they don’t want you to see how much they are adding to the debt in legal fees.
The problem in all of this for debt collectors is that they often don’t have the original contracts and paperwork they need to validate a debt. If the debt has changed hands many times, it’s especially unlikely they will be able to comply with a validation letter. They must respond to the validation letter before they can obtain a legal judgment; using the court discovery process to get the documentation they need to validate a debt will not satisfy the legal requirements of the FDCPA.
Qualified Written Request Letter
This Generic Qualified Written Request Letter Form allows you to request and obtain vital information about your mortgage from the account servicer that you can use for a variety of purposes to heal your account or protect your home (a mortgage servicer is the company that collects monthly mortgage payments from borrowers on behalf of the owner of the loan. The servicer also tracks account balances, manages the escrow account, handles loss mitigation applications, and pursues foreclosure in the case of defaulted loans.). The process of obtaining that information begins by sending a Qualified Written Request Letter to your mortgage servicer.
Motion to Dismiss Complaint
The narrative of this Motion to Dismiss Form is based upon the premise that the current foreclosure complaint leaves the Court and Defendants with an opponent who cannot be identified or located in the event court costs, sanctions or attorney fees are awarded to Defendants, and that Discovery cannot be demanded against entities or persons that do not exist and which have not been clearly identified either in the allegations of the complaint or the exhibits resulting in the court's lack of jurisdiction over the matter requiring the complaint to be dismissed.
Wrongful Foreclosure Complaint
Motion to Compel Discovery
A motion to compel discovery responses is filed when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. A motion to compel discover responses with exhibits may be filed by the party propounding the discovery if there is no response to the document requests, or if the discovery responses are not adequate and the filing party needs the documents marked as exhibits.
Generic Notice of Rescission Letter
First Set of Interrogatories to Defendant/Plaintiff
Generic Request for Interrogatories templates without instruction, strategy, drafting or edits.
Discovery Templates - Coming Soon!
Ex-Parte Notice and Application for Temporary Restraining Order RE: A Preliminary Injunction; And Memorandum of Points and Authorities
Many pro se homeowners cannot afford to hire an attorney to prevent the threatened sale of their property, yet they have valid LEGAL grounds for filing for an injunction to stop the foreclosure.
This generic TRO application narrative presumes certain facts that may or may not describe the facts in a particular case, and is not legal advice as to how or when to use it. It provides general instructions and language that is applicable in most cases that can serve as a template that can and should be modified in accordance with your case specific circumstances and applicable state rules of civil procedure.