The Proven Debt Jurisprudence™ Process

Scales Of JusticeWhat Is The Debt Jurisprudence™ Process?
The Debt Jurisprudenceprocess is not debt invalidation.

Jurisprudence is the science or philosophy of the law, the principles upon which laws are created, and established case law or legal decisions associated with statutes when applying the law against facts. Statutes express the rules of law and jurisprudence.

The Debt Jurisprudence™ process can legally and ethically help consumers with their student loan and unsecured debt problems, and businesses with their unsecured debt problems. It relies upon established Federal and State laws, legal principles and statutes, combined with unparalleled in-house legal and administrative support to provide a broad range of individualized, proven and proprietary services to our clients.

The Debt Jurisprudence™ process helps our clients get out of debt and into a better financial state, while protecting them from debt claim irregularities and violations of the law committed by original creditors, debt collectors and credit reporting bureaus. It also provides a solid foundation for developing and pursuing viable claims in Federal and State courts, holding the offenders accountable for their actions with up to 100% debt reductions and compensation for the violation of our clients rights. Thousands of people have saved hundreds of millions of dollars since 1994 using these methods.

Currently supported debt categories include all unsecured consumer and business debts including bank and store credit cards, signature loans, balance transfers, overdraft agreements, any account sold to a debt collector (including medical expenses), plus private and government backed student loans.

Summary
The Debt Jurisprudenceprocess is unique because the methodology for each individual debt a client enrolls with us is custom tailored using multiple options, instead of attempting to address every debt using the same approach. It incorporates Federal and State laws that compel original creditors, debt collectors and consumer credit reporting bureaus to comply with the law and generally accepted accounting principles (GAAP), and holds them accountable in accordance with the law when they do not comply. To accomplish this, each client account is audited on an ongoing basis by our Legal department and promptly acted upon when debt claim irregularities and violations of the law occur. Resources are committed to ensure all Federal and State law modifications, including State jurisdictional differences, are promptly incorporated into the process.

The primary Federal consumer protection laws are the Fair Debt Collection Practices Act (FDCPA), Consumer Credit Protection Act (CCPA), Truth In Lending Act - Regulation Z (TILA), Fair Credit Billing Act (FCBA), Fair Credit Reporting Act (FCRA) and Health Insurance Portability and Accountability Act (HIPAA). Most states have similar laws that protect consumers and businesses from abusive and harassing debt collection practices, such as the California Rosenthal Fair Debt Collection Practices Act (RFDCPA). State laws must be applied for unsecured business debts, and Federal and State laws are applied for private and government backed student loans.

  • The process begins with the creation of a two portfolios. One contains detailed information about each account a client includes in their enrollment, and the other includes a comprehensive examination for derogatory or negative comments appearing in their consumer credit reports.
     
  • Original creditors owning unsecured accounts a client wants to retain which are not included in the process are advised their permission to access a clients credit reports is rescinded. This action mitigates the possibility of these creditors canceling an account or arbitrarily increasing its interest rate.
     
  • Consumer credit reporting agencies are contacted on an ongoing basis with a demand for verification of all negative or derogatory comments appearing on a clients credit reports in accordance with the FCRA, and State laws when applicable. With few exceptions, these comments are removed after several months.
     
  • Demands are placed upon unsecured consumer and business account creditors, their assignees and third party debt collectors to verify the legitimacy of a debt, every debt claim associated with the debt, and proof of ownership of the debt in accordance with the law and generally accepted accounting principles (GAAP). As it relates to the original creditor, this effort is specifically designed to expedite, or accelerate, the transfer of a debt from an original creditor to a debt collector. For reference, it is extremely difficult for any of the 875,000 debt collectors in the United States to conduct debt collection activities without violating the law.

    This part of the process can also result in debt claims being dropped, or otherwise abandoned, by original creditor assignees and third party debt collectors. Additionally, original creditors will frequently present
    up to 80% debt reduction offers to our clients with up to 24 month payment terms upon their receipt of the correspondence we provide to our clients for mailing. We frequently suggest our clients accept these offers because they will not repeated if rejected, however the decision to do so is left entirely up to the client.
     
  • Student loan accounts are treated differently because creditors do not offer reductions and, unlike unsecured accounts such as credit cards, student loan creditors have no flexibility about when the debt is sold to a debt collector. It must be sold after 270 continuous days of payment default if monthly loan payments are defined in the loan agreement, or 330 days if other installments are defined. The account is then treated in a manner similar to unsecured accounts at both the Federal and State level after it is sold.

    Prior to the account being sold, an ongoing compliance audit is conducted that documents each loan program violation, in addition to debt claim irregularities and other violations as defined below, committed by the creditor. To date, we have not encountered a client student loan account where the creditor complied with the terms of their own loan program.

     
  • Compliance audits for each account are conducted on an ongoing basis to document each debt claim irregularity, abuse and harassment incident, other Federal and/or State law violations, and fraudulent debt ownership claims committed by original creditors and third party debt collectors. The compliance audit also documents each creditor violation of a student loan program as defined in the specific student loan agreement, as described above, and each credit reporting bureau violation.  

    The
    compliance audit is compiled into a report, which is forwarded to one of our attorneys and used to construct viable State and/or Federal claims. The attorney personally handles the matter if the client resides in a jurisdiction where we have a direct presence, or arranges to co-counsel with another attorney in the clients jurisdiction who has met our standards.

    For debt claim irregularities and most
    State and Federal abuse or harassment debt collection  violation claims, the attorney contacts the violating party on behalf of the client and presents the violations in an attempt to settle over the phone. Original creditor and third party debt collector settlements can include the debt being written off, with or without client tax liability being incurred, and compensation for the violation of a client's rights.
     
  • Excluding actions where State Court related documents may be provided by us for completion and filing by the client, Federal and State Court attorney representation is provided without charge to the client for viable claims, including attorney filing fees, deposition costs, travel expenses, etc. Clients electing to have one of our affiliated attorneys prepare and file the above-mentioned State Court documents, instead of completing the forms themselves, can do so for a reasonable fee.

Details
The strategies and methods incorporated into the Debt Jurisprudence™ process have saved hundreds of millions of dollars for thousands of consumers and businesses since 1994 and 2006, respectively. The process can stop creditor and debt collector telephone calls and harassment, and protect your assets, all without public disclosure.

The process also helps to improve a clients credit report scores by disputing all negative and derogatory comments appearing on their credit reports. This service is provided to every client at no charge.

The process is not a self-help or do it yourself project, or based upon a "one size fits all" or "universal" solution. The type of debt, its status and unique circumstances for each account are reviewed to create a unique and optimum action plan for that account having  the greatest potential for success. Individual action plans are generated and implemented using our proprietary resources and professional in-house staff.

The process does not have anything illegal or unethical associated with it, nor does it attempt to circumvent the law by using tricks, deception, legal loopholes, or a single method applied for each type of debt situation. Simply stated, it successfully applies established laws and statutes, even at the State jurisdictional level, to the protection of consumers and businesses by legally forcing original creditors, third party debt collectors and consumer credit reporting bureaus to comply with the law and customary accounting practices, and then holding them accountable in accordance with the law when they do not comply. For consumers, it is entirely legal and ethical to withhold unsecured debt payments when a debt is legitimately disputed.

The foundation of the process is an extensive set of documents and procedures in use and updated since 1994, all substantiated by a nationwide database of Federal and State statutes, rules and case law citations that can be applied to unsecured debt claim irregularities, rights violations and credit complaints. These established principles of law and accounting focus upon weaknesses in the unsecured debt industry, making it extremely difficult for creditors and debt collectors to sustain the burden of proof legally required for collection, and for consumer credit reporting agencies to comply with laws governing the verification of information appearing in their reports.

The success rate of our process has been extraordinary, including up to 100% settlement reductions, 100% original creditor and debt collector write-offs, and client compensation for abuse, harassment, and other violations of their rights. Enrollment also includes the dispute of all negative and derogatory consumer credit report comments at no additional charge, even for accounts not enrolled in the process.

Everything about you and your enrollment in the process remains private. You will never be asked by us for any information about your income, finances, assets, expenses, liabilities, employment or amount of your debt. You alone determine which accounts are to be included in your enrollment, and the accounts you want to keep. There is no limit to the number of accounts that can be included in your enrollment.

Approximately 200 Federal laws, 400 regulations and a greater number of State laws regulate the actions and behavior of original creditors, debt collectors and consumer credit reporting agencies. It is extremely difficult for these parties to conduct business without violating the law and your rights, and we hold them accountable for their actions in accordance with the law when they do not comply.

Consumer credit report files are reviewed to locate all violations and the reporting agency is granted sufficient time to correct the violation and comply with Federal law. A complaint demanding monetary compensation for false reporting, and other violations committed against you, can be filed in Federal Court if they do not comply.

Consumer and business credit card, signature loan and other unsecured account credit grantors are informed the debt is being disputed and must be verified in accordance with the law and generally accepted accounting practices (GAAP) within 30 days. For consumer accounts and in accordance with Federal law, payments can be withheld when a debt is disputed (this does not apply to business debts). Creditors rarely, if ever, comply with the demand and the debt is assigned, or sold, to third party debt collectors. This is an intended part of the process and is also used to confirm ownership of the debt at a later time.

Collection agencies and other third party debt collectors purchase debts charged off by banks, hospitals and companies for a small percentage of the original value. They attempt to collect the full amount of the debt, frequently claiming they are representing the original creditor when they are, in fact, representing themselves. This, and other statutory violations, are consistently committed by debt collectors including threats, inappropriate conduct, false and misleading statements, etc., and these are documented in a compliance audit conducted by our Legal department.

The compliance audit documents all violations, including debt claim irregularities, committed by original creditors, debt collectors and credit reporting bureaus. The information is compiled into a report and provided to an attorney that represents you, and they contact the debt collector on your behalf. Depending upon the type of debt, severity of the violations and other considerations, the attorney informs them the violations have been documented and they are prepared to file a Federal complaint or State lawsuit (always a State lawsuit for businesses) seeking dismissal of the collector’s claims, compensation for the violation of the client's rights and attorney’s fees.

After speaking with our attorney, or an attorney with whom our attorney co-counsels, debt collectors quickly understand they will be found guilty if the case is actually heard in Court (Federal and/or State Court for consumer accounts; State Court for business accounts). They recognize there can be significant financial penalties imposed by the Court for violating the law, they can lose their license to collect debts in the State where the violation occurred, and their insurance policy can be canceled, or the premium cost can increase. When possible, the attorney begins negotiating with the debt collector with the objective of removing all of the debt from the collector's records without creating a tax liability for our client, and securing compensation for the violation of their rights. Clients receive a percentage of negotiated and court compensation settlements.

Enrollment
You will receive an enrollment package within ten (10) business days after a signed services agreement and payment are received by us. The enrollment package must be completed and received by our Support Group in a timely manner and each
client is fully supported throughout the entire process.

The process is not complicated; however, you must be conversant in written and spoken English so that the instructions and information provided by our Support Group are followed. This includes completing and mailing the initial enrollment package, following instructions about what to say when answering telephone calls from creditors or debt collectors, accurately preparing and mailing forms and letters that will be supplied to you as determined by your specific requirements, and keeping duplicate copies of all letters and forms for your records. In most circumstances, the only information you add to the letters and forms we provide are your name, address and account information.

The letters and forms must be completed accurately and in a timely manner. If you have access to a computer with a recent version of Microsoft Word, a printer, fax capabilities and email access, document templates will be emailed in Microsoft Word format for completion where you simply add your name, address and account information. If you do not have access, we can prepare these documents and deliver them to you for signature and mailing for an additional fee.

The typical time required to complete the process is twelve to eighteen months.

Please see Frequently Asked Questions for additional information.

Contact us today for your FREE, CONFIDENTIAL, NO OBLIGATION Consultation

 

Home | Debt Jurisprudence Process | Other Debt Options | About Us | Your Privacy | Contact Us

Copyright ©2008 Debt Jurisprudence, Inc. - Subsidiary of Aegis Corporation - All Rights Reserved