Dan V.

The information contained within is nothing more than my opinions intended to assist others who are being sued by the bottom feeding scumbags known as Unifund CCR, LLC. (or any other junk debt collector). These opinions are based on my own research and experience in court. I hope you can learn from my mistakes. I am not an attorney and I do not claim to be! Use this information at your own risk!
It is my opinion that Unifund CCR, LLC are nothing more than bottom feeding "junk debt" collectors. Theses scum bags buy old debts in bulk without verifying the legitimacy of these debts. They aggressively pursue collection of these alleged debts.
More often than not, there is little or no proof of the legitimacy of these debts. Arguments to consider may include:
The absence of any signed contract
The absence of ANY signed documents
The absence of any transaction receipts
The absence of a detailed list of accounting that would include all charges, payments, interest and other charges that would show how they came up with the amount they are seeking.
Your name is not listed on the sales contract from the original creditor.
Inaccurate information such as name & address.
Debt is past your states statute of limitations.
Plaintiffs declarant cannot have first-hand knowledge of the debt and never worked for the original creditor.
The court venue is over the 150 miles limit per the rules of CCP98.

Unifund CCR, LLC files lawsuits without ever having any intention of having the original creditor testify to the legitimacy of the alleged debt, therefore they almost always file a "DECLARATION OF AUTHORIZED AGENT IN LIEU OF LIVE TESTIMONY". This declaration is basically nothing more than a BIG LIE by a person who has absolutely no real first-hand knowledge of the alleged debt! The declarant is someone who works for Unifund CCR, LLC. They signs an abundance of declarations where he or she is stating that any and all of the documents supporting their case is legitimate and accurate - this is THE BIG LIE their whole case is often based on, therefore this is a VERY GOOD area to concentrate on and to base your defense I STRONGLY RECOMMEND YOU SUBPOENA THE LYING DECLARANT! The truth is that the declarant more than likely has never ever worked for the original creditor and therefore has zero first hand knowledge of the legitimacy of the alleged debt. Unifund CCR, LLC knows that most defendants WILL NOT subpoena the Unifund CCR, LLC declarant, THIS WAS THE WORSE MISTAKE MADE IN MY CASE! Had I subpoenaed the declarant, I more than likely would have won my case! Unifund CCR, LLC has no intention on having their declarant testify and counts on the likelihood that you will not subpoena them. The Unifund CCR, LLC employee signing the declaration more than likely lives in another state, and has no interest in flying them to the place of the hearing. In my case, the declarant lives in Cincinatti Ohio. This lying Unifund CCR, LLC employee was named Stacy Spencer and she works for Unifund CCR, LLC in Cincinnati Ohio. My case was in California which is over the 150 miles limit per the rules of CCP98, you may want to read this rule and see if it will apply in your case. I believe Unifund CCR, LLC was in violation of CCP98. I strongly believe my case should have been dismissed do to the violation of CCP98 although in the end, my brain dead judge did not agree - I strongly disagree with the judges decisions but this judge is known for making wrong decisions and has no business being a judge. I am looking at filing a complaint against this judge.
Make sure to SUBPEONA THE UNIFUND CCR, LLC DECLARANT! You have the right to question them and prove to the court that they do not have any first-hand knowledge of the case. Here are some questions I would consider asking the declarant
Ask them if they ever worked for the original debtor
Ask for the original signed contract
Ask them for the full accounting detail
Question their experience
Ask how many accounts he or she deals with on a daily or monthly basis - this is likely a high number, I would then question how he or she can possibly know the accuracy of your particular account when dealing with so many accounts
Give it some thought and come up with your own set of questions that would apply to your case. It is likely that the declarant will not show up to court and you will then win your case if you subpoenaed them. If they do happen to show up, you likely required Unifund CCR, LLC to pay for his or her traveling expenses that they really hate having to pay not to mention paying for their time on the clock! Keep in mind that you are likely dealing with a scumbag lawyer with no morals and will lie and say anything he can to win his case so SHOW UP TO COURT WELL PREPARED and kick their $#*!!
Other suggestions:
In my case, at the end of the "Declaration of Authorized Agent in Lieu of Live Testimony", the declarant Stacy Spencer failed to properly identify herself properly and she signed her name very sloppy making it impossible for me to identify & subpoena her - her name was not typed below her signature as any legal form should be. This issue was brought up in court although as stated before, I had a terrible judge that felt I should have put forth the effort to find out who the declarant was and subpoena her - I whole heartedly disagree!
The declaration in my case specifically stated that the Declarant has "personal knowledge of the transactions" which is simply not true! This would have been a great area for me to question the declarant under oath, had I subpoenaed her. I would have reminded the declarant that he or she is under oath and site the penalty for committing perjury that I would aggressively pursue.
In my case, the declaration stated that "the absence of a record is a trustworthy indication that an act or event did not occur or the condition did not occur". It is my belief that the absence of an original contract and accounting records was the Plaintiffs failure to prove their case. I believed this to be a legitimate argument and was brought up in court although this bias judge did not agree.
Make sure to respond to everything you receive such as Interrogatories, Request for Admissions, ect... It is a good idea to request the same thing of them. You can get the court pleading paper templates (which is line numbered paper) in some versions of Microsoft Word or download the templates online. Ask the Plaintiff for anything you believe will help you with your case, especially if it is something critical to the case that you think they may not be able to produce such as an original signed contract. You can ask the same questions that they ask of you. You can search google for samples of these documents that you can use as a foundation for your court documents. Do not be surprised if the Plaintiffs lawyer responds to your request with generic answers that fail to answer your questions. Go ahead and play their stupid games and do the same to them. Their failure to provide your requested documents further suggests that they do not exist. An answer to consider giving them is I do not recall or research is ongoing. One question I asked in my Interrogatories was for Unifund CCR, LLC to provide the names address and telephone number of each person who has knowledge of the facts relating to the case - they failed to provide the name of their declarant. I should have advised the courts to let them know that the Plaintiff failed to comply with my requests.
Verify that the account in question is not past your states Statute of Limitations - in California, it is four years. The clock starts ticking at the time of your last payment or default, whichever occured last. If you can prove it is past the statute of limitations, address the court of this fact and you have won your case!
In many cases, the alleged debt may have been sold and transferred hands several times after being sold by the original creditor - this is called the chain of custody. Your name is probably not specifically listed in the transfer or Bill of Sale from the original creditor which may be a good point to argue. In my case, the Bill of Sale specifically states this "The sale is without recourse to assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, collectability, accuracy, or sufficiency of the information, and applicability of any statute of limitations) except as stated herein". This statement in itself tells you that the basis of their whole case may be inaccurate.
Dealing with a lawsuit may seem a bit intimidating but if you take a deep breath, do some research, you will do just fine.
Keep in mind that your answers and responses do not have to be perfect, believe me, these scumbag lawyers answers are often very vague and ambiguous. The main thing is to respond to all requests. You may even consider filing a counter suit against the Plaintiff. Search the web, there is a ton of information out there! GOOGLE & YAHOO may become your two next best friends.

Below are some links that you may find helpful in your fight with the bottom feeders:

1. https://www.scribd.com/document/*******/How-to-Beat-Debt-Collectors

2. Https :// www.naela. Org/NAELADocs/PDF/NALI/BO%2011NALI%*******%20Debt%20Collection%20Hands%20On%20Practice_AL%20format_LINK. Pdf

3. http://www.thelangelfirm.com/Debt-Defense-Blog/2012/February/10-Reasons-why-CACH-LLC-was-unable-to-prove-its-.aspx

4. http://wwwprofessionaldebtbeater.blogspot.com/

5. http://www.howtoansweracreditcardlawsuit.com/

6. https://www.nolo.com/legal-encyclopedia/defenses-credit-card-debt-lawsuits.html

7. https://www.creditinfocenter.com/community/topic/*******-a-victory-against-unifund/

8. http://www.howtowinacreditcardlawsuit.net/failure-to-show-ownership-of-debt-florida-case-law/

After I stopped paying Yelp (after completing my agreed upon campaign), Yelp has removed ALL of my positive reviews and they refuse to post positive reviews - Yelp claims that their "automated recommendation software" has rejected the reviews. Is it a coincidence that this automated software did not reject positive reviews when they were being paid during my campaign with Yelp? I don't think so! Yelp is the definition of EXTORTION!

You don't have to look far to find the many claims from other business owners that have stated that Yelp publishes unverified, bogus and ranting reviews from non consumers. You can verify this by going to Google and typing key words such as "Yelp class action law suite", "Yelp rips off customers", "Yelp posts unverified reviews" ect... You can also go to:
http://yelp-sucks.com or http://www.ripoffreport.com

It is a known fact that the Better Business Bureau is a good resource for finding some of the worst companies in America - there is no shortage of complaints filed against Yelp. At last count, there were 1700 Yelp complaints filed with the Better Business Bureau.

A few complaints that you will find repeated over and over again by business owners include:
*** Yelp published ALL negative company reviews from anyone whether they were an actual customer or just a bogus NON consumer ranting on as a competitor or just a cyber Bully!
*** Yelp removed actual customers positive reviews who have signed a valid purchase contracts with our company.
*** Yelp will not return calls or emails from non advertising companies with legitimate complaints about the bogus review published by Yelp.

There are approximately 300 complaints filed on yelp on the ripoffreport.com web site (http://www.ripoffreport.com).
Some of the information found on ripoffreport.com include:

A class action lawsuit against YELP, led by a Yelp investor Joseph Curry, focuses on Yelp's bogus "first-hand" reviews. The suit says Yelp required or coerced businesses "to pay to suppress negative reviews," and then lied about the practice.
Yelp allegedly made its millions by hiding the fact that some of that money came from extorting businesses with bad reviews. And that lack of transparency allegedly allowed company insiders to earn more than $81.5 million from "insider trading proceeds."
The Federal Trade Commission had received more than 6000 complaints about Yelp, many contending that Yelp would solicit businesses to buy advertisements on the Company's website and would retaliate if businesses declined by deleting positive reviews and claiming the deletions were due to an updated "automated algorithm". Does Yelp hurt hard working Americans with excellent business records? YES
Yelp allows anyone to post a review about any business without evaluating the validity. This means any competitor can post a review about your business and hurt your reputation. Yelp literally allows this and trusts that people won't file false reviews.

According to some of the 1700+ complaints filed with the BBB, business owners complain of:
Fake reviews not being removed or accurate.
Truthful reviews being filtered.
The Yelp computer software determines whether reviews are legit.
Yelp claims they do not have the ability to override their software filtering - The humans at yelp are at the mercy of their own software and cannot 'override' its decisions.

Consumer Reports also does not advocate using yelp
Yelp is a rotten and corrupt organization that specializes in extorting small businesses and allowing non-customers to write malicious and slanderous reviews about small businesses.

If Yelp has taken unauthorized funds from you, dispute the charges with your financial institution and have those charges reversed! We work too hard for our money to allow a criminal millionaire to extort us of our money!

The Yelp site should be permanently shut down for engaging in such disgraceful business-bashing practices
You can also add your name to the list of business owners who have been hurt by yelp and would like to be included in a class action lawsuit at:
http://yelplawsuit.com/
If everyone who has had their positive reviews filtered by Yelp files a complaint with the FTC, we WILL see action taken against them.

To contact the FTC to file a complaint against Yelp, Call *******357. You can also file an online complaint at: FTC.gov or IC3.gov to get to the Internet company complaints division.

What a rip off! Getting a refund is as bad as pulling teeth. I am not surprised that Restaurant.com has had class action lawsuits filed against them. I have dealt with restaurant's who refuse to honor the vouchers, have gone out of business and have poor attitudes when presented with the vouchers. Restaurant.com will not return emails and makes it impossible to get a refund. I would encourage everyone to stay away from this "BAIT & SWITCH" company!

This dating site is a joke! They are all about taking your money! One you give them a credit card YOU CAN NOT remove it! You are required to keep a card on file for them to charge as they please. You have to earn or buy "coins" to send lame $#*! gifts (flowers, hearts, chocolates, ect.) Do not give them a credit card #, if you did, dispute the charges with the issuing bank to get the charges reversed!