TONIGHT! How consumers and homeowners win cases against “the banks” 6PM EST 3PM PDT

Thursdays LIVE! Click in to the Neil Garfield Show

Tonight’s Show Hosted by Neil Garfield, Esq.

Call in at (347) 850-1260, 6pm Eastern Thursdays

Nearly all consumers think they’re litigating or dealing with banks when in fact they’re not. Tonight we look at basic elements of winning based upon 16 years of experience, research, and data collection.

Here are some of the highlights:

  • Consumers who hurl accusations at the banks are sealing their own doom.
  • The basics of every successful defense can be summed up into two words: DENY and TEST
  • Most failures in court are the result of admissions of facts by the consumer about which they know absolutely nothing.
  • Most successes in court are the result of the consumer denying everything and testing every allegation and exhibit.

Tonight I will discuss the attributes of successful defense strategies


see cfpb_section-1022_generic-order_2021-10

I think both litigants and litigators should take a close look at this order because it contains definitions that result from administrative research and findings, which have a presumption of being correct. What is contained in this order or specific ways in which to identify parties, products and processes. I think this can be used as a template for legal discovery.

But homeowner should be aware that there is a difference between legal discovery and a qualified written request or debt validation letter. The CFPB order could be used as a template to broaden discovery efforts during litigation. Statutory demands (QWR and DVL) are more limited in scope. If you want to file an FDCPA action, you will need a very narrow QWR and DVL.

Contribute to the discussion!

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