Tonight! 6PM EDT Garfield Unveils Preemptive Attacks on False Claims for Debt Collection

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

Tonight I will share my thoughts on strategies and tactics that will likely put your opposition on its heels and probably result in an outright win for homeowners and virtually all consumers who have a written contract for installment payments. We start with the premise that virtually all such transactions are securitized.

For the past 16 years, I have published, chapter and verse, how the presumed debt is extinguished in the process of securitization, and I have enjoyed considerable success along with dozens of other lawyers who basically attacked the basic components of claims to administer, collect or enforce an alleged debt when it does not exist. In nutshell, there is no debt because none was intended by the counterparty to your agreement, who was not who you thought it was.

The basic mistake I made along with other lawyers was ignoring (or not capitalizing on) the many opportunities that exist under the rules of procedure to create an existential challenge to the claims.

Put simply, if there is no Claimant or Plaintiff and there is no claim at all, then why must we wait to the end and spend tens of thousands of dollars in legal fees to get to that point?

Or perhaps more to the point, why must homeowners lose their homes to such false claims simply because they lack the resources to contest them?

So in tonight’s show, we will visit and revisit some basic strategies that I believe will work most of the time and which could shorten the litigation period substantially.


Here is the Agenda:

  • Administrative: QWR and DVL, Complaint to CFPB and State AG
  • Motion to Dismiss and/or Motion for More Definite Statement
  • Offer of Judgment, Letter, and Notice of Service
  • AMGAR Strategy: Make them an offer they can’t refuse (but they will)
  • Motion to Strike Exhibits
  • Motion for specific mediation order requiring the claimant to appear through an officer employed by the claimant.
  • Interlocutory Appeals
  • Combined Request for Admission and Request for production
  • Motion to Compel Response
  • Motion for Sanctions and
  • Motion in Limine
  • Motion for Summary Judgment

Remember that in 28 minutes of talk time I can only give an overview of these strategies. And with rare exceptions don’t try to do this on your own. Yes, you DO need a lawyer who is licensed in the jurisdiction in which your property is located. There is no guarantee that any of these strategies will succeed, even if they have worked in the past. We provide assistance to local counsel.

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