The Debt Jurisprudence™ process legally and ethically helps consumers and businesses with their unsecured debt problems. It relies upon established accounting principles, Federal and State laws, legal principles and statutes, all of which are combined with unparalleled in-house financial, legal and administrative support to provide a broad range of individualized and proven 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 the development of viable claims for pursuit in Federal or State Courts by holding offenders accountable for their actions, unless they are a government agency.

Supported unsecured personal and business debt categories include bank and store credit cards, signature loans, student loans, balance transfers, overdraft agreements, credit lines and any account with a debt collector, including medical expenses.

Summary
The process is unique because the methods applied to each debt account take into consideration a client's geographic location, the creditor, the type of debt, its circumstances, history and creditor or debt collector claims, behavior and actions. People believing our process is similar to debt invalidation, debt settlement, or other "one size fits all" programs appearing on the internet quickly recognize how our custom tailored and individualized approach, combined with the timely application of relevant Federal and State laws, virtually eliminates the risks inherent when attempting to use the same methods for each unsecured debt account in a clients portfolio.

We effectively audit, document, dispute and aggressively pursue each and every legitimate accounting, contractual and debt claim irregularity, and violation of Federal or State law, committed by original creditors, debt collectors and credit reporting bureaus. Offenders are held accountable for their actions, including how they charge, collect, maintain records, conduct themselves, and comply with generally accepted accounting practices (GAAP) and the laws created to protect you.

To accomplish this, each client account is audited on an ongoing basis, with disputes promptly initiated and pursued for each debt claim irregularity and violation of the law discovered during the audit. Additions and changes to Federal and State law, including State jurisdictional variations, are promptly integrated our proprietary in-house process to ensure the most current information is applied on behalf of our clients.

Common creditor dispute incidents include a failure to comply with the terms and conditions of loan or account agreements, their inability to substantiate debt claims or verify the existence of legally binding agreements between the parties, including agreements to arbitrate, false account ownership claims, misleading or incorrect charges and rate calculations, etc. Abuse, harassment and account ownership misrepresentation are the most common debt collector incidents.

The primary Federal protection laws applicable for consumer accounts 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 designed to protect consumers and businesses from abusive and harassing debt collection practices, such as the California Rosenthal Fair Debt Collection Practices Act (RFDCPA), which are applied more frequently than Federal laws. Only State laws can be applied for unsecured business debts, and Federal or State laws can be applied for student loans after the account is sold.

• The process begins with the creation of two portfolios. One contains detailed information about each account a client enrolls, and the other includes a comprehensive examination for derogatory or negative comments appearing in their consumer credit reports.
   
• Provided to every client at no charge, original creditors owning unsecured client accounts not included in the process are informed that permission to access the clients credit reports is rescinded, thus mitigating the possibility of these creditors canceling an account or arbitrarily increasing its interest rate.
   
• Also provided to every client at no charge, each consumer credit reporting agency is contacted on an ongoing basis with demands to either verify all negative or derogatory comments appearing on a clients credit reports in accordance with the FCRA and, when applicable, State laws, or to remove the comments.
   
• Demands are placed upon creditors, their assignees and third party debt collectors to verify the legitimacy and accuracy of a debt, each claim associated with the debt, and proof of ownership of the debt in accordance with the law and generally accepted accounting principles (GAAP).
  
  This part of the process can result in debt claims being dropped, or otherwise abandoned, by original creditors, their assignees and third party debt collectors, or original creditors presenting unsolicited debt reduction offers up to 95% to our clients with up to 24 month payment terms, or the debt being assigned, or sold, to a debt collector.
   
• Original creditors can charge-off, not write-off, unsecured debt accounts and still own the account for many years. For example, several of our clients had 3+ year past due consumer accounts at the time of their enrollment which had been assigned to multiple debt collectors for collection, yet the accounts were still owned by the original creditor.
  
  Contrary to popular belief, most debt collectors comply with the law, even though it is oftentimes difficult for them to do so. It must be understood that successful litigation for debt collector abuse, harassment, or other Federal or State claims have no effect upon the amount of debt owed to an original creditor.
   
• Student loan accounts are treated differently because credit grantors rarely offer settlement reductions or commit debt claim irregularities and, unlike unsecured accounts such as credit cards, student loan creditors have no flexibility about when the debt is assigned, or sold, to a debt collector. It must be assigned or 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, but only after it is sold to a non-government related third party debt collector.
  
  Prior to the account being sold, an ongoing compliance audit is conducted that documents loan program violations, if any, in addition to debt claim irregularities and other violations as defined below.
   
• Compliance audits for each account are conducted on an ongoing basis to locate and document each debt claim irregularity, abuse and harassment occurrence, Federal or State law violation, and fraudulent financial, contractual or account ownership claim committed by original creditors and debt collectors. The compliance audit also documents each creditor violation of a student loan program in a student loan agreement and each credit reporting bureau violation.  
  
  The results of the compliance audit can be compiled into a report used to construct viable disputes or claims, as appropriate. Whether an attorney handles the matter in a jurisdiction where the client resides and where we may have a direct presence, or arranges to co-counsel with another attorney in the clients jurisdiction where we do not have a direct presence, everything pertaining to the claim is controlled by an assigned attorney.
  
  For viable debt claim irregularities, and most State and Federal abuse or harassment debt collection violation claims, an attorney normally contacts the violating party on behalf of the client and presents documented details in an attempt to resolve the matter 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. If a settlement is not negotiated and substantiated violations exist, a Federal or State lawsuit can be filed against the offending party.
   
• Excluding actions where existing State Court educational documents may be provided by us for completion and filing by the client, Federal and State Court attorney representation is provided without charge to our client for all viable claims, including attorney and Court filing fees, deposition costs, travel expenses, etc., against original creditors, debt collectors and credit reporting bureaus. Clients electing to have an attorney prepare and file the above-mentioned State Court documents, instead of completing the forms themselves, can have our Legal Department refer them to a local attorney who, if available, will do this for them at competitive rates.

The Debt Jurisprudence™ process is not a self-help, e-book based, do it yourself project, or built around 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 using our proprietary resources and 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, dishonesty, legal loopholes, frivolous lawsuits, or a single method for each type of debt. Simply stated, it successfully applies established laws and statutes, even at the individual State jurisdictional level, to the protection of consumers and businesses by legally compelling original creditors, third party debt collectors and consumer credit reporting bureaus to comply with the law and generally accepted accounting practices, and holds them accountable when they do not comply.

The foundation of the process is an extensive set of proprietary 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, contractual 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 for any information about your income, finances, assets, expenses, liabilities, or employment. You alone determine which accounts are to be included in your enrollment, and any accounts you may want to retain. There is no limit to the number of accounts that can be included in your enrollment.

Approximately 200 Federal laws, 400 regulations and a much greater number of State laws regulate the actions and behavior of original creditors, debt collectors and consumer credit reporting agencies. It can be extremely difficult for these parties to conduct business without violating the law and/or your rights, and they are held 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. When appropriate, 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 legitimately disputed (this does not apply to business debts). Creditors rarely comply with the demand and if they do not reply with a satisfactory explanation, an acceptable reduction offer accepted by our client, or write-off the debt in its entirety, the debt will be charged-off and assigned, or written off and sold, to a third party debt collector.

When a debt account is sold, the collection agency or debt collector always attempts to collect the full amount of the debt, with many claiming they represent the original creditor when they are, in fact, representing themselves. This behavior, and other statutory violations committed by debt collectors, including threats, inappropriate conduct, false and misleading statements, etc., are documented in the above-mentioned compliance audit, and can be addressed and/or pursued by an attorney.

The compliance audit documents violations of Federal and State laws and debt claim irregularities committed by original creditors, debt collectors and credit reporting bureaus. This information is compiled into a report and provided to an attorney that represents the client, and they contact the debt collector on the client's behalf. Depending upon the type of debt, severity of the violations and other considerations, an attorney may inform 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.

Since the compliance audit serves as a solid foundation with demonstrable evidence of committed violations, most debt collectors 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 can be canceled or the premiums increased. Whenever 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. There is no cost to a client for this part of the process and they will receive a percentage of any negotiated and court stipulated compensation settlements.

Enrollment
You will receive an enrollment package within five (5) 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 to us, 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, keeping duplicate copies of all letters and forms for your records, and mailing or faxing copies of all correspondence to us within one or two days after receipt. In most circumstances, the only information you add to the letters and forms are your name, address, date and account information.

The letters and forms must be completed accurately and in a timely manner. You must have access to a computer with a recent version of Microsoft Word, a printer, and email access, and fax capabilities are preferred. Document templates will be emailed in Microsoft Word format for completion where you simply add the above-mentioned information.

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

Please see Frequently Asked Questions for additional information.

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