PostHeaderIcon DEFAULT !!! Escaping the Debt Trap and Avoiding Bankruptcy

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DEFAULT !!! Escaping the Debt Trap and Avoiding Bankruptcy
 
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The true story of an ordinary middle-class married couple buried in over $94,000 in credit card debt who face debt collection, learn to defend themselves in court without hiring a lawyer, and force a major bank's collection attorney to dismiss its case against them. They avoid bankruptcy and they prevent collection. Every pleading (of both Plaintiff and Defendant) filed in this case is reproduced in its entirety - only the case number and names have been changed to protect the couple's privacy. What these people learned about the banking system would change their lives forever. NEW, UPDATED EDITION!!! Includes additional information about dealing with unscrupulous debt collectors -- their deceptive tactics, annoying phone calls, and various enticements designed to lure you into making yourself vulnerable to lawsuits; ALSO how the Statute of Limitations in your State can protect you from lawsuits and judgments.

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Interesting and homorous but little practical help other than look at complex procedures
 
Review Date: April 2, 2010
Reviewer: Dave in Phoenix, Phoenix AZ
The book was very interesting and good info but has limited value other than procedural for current cases it seems because:

1) Other than the procedural issues, the couple's main point in their motions was the Arbitration Award in 2004 from "ADS" Alternative Debt services against FunniBank (South Dakota). How are we to find such a debtor friendly arbitration company? Little is said about the arbitration other than they got nice official looking Award Certificates in the mail.

There are various reports that FunniBank was Citibank and ADS was the National Arbitration Council.

The US District Court for the Middle District of Florida issued a decision in Citibank v. National Arbitration Council finding that the NAC had tortuously interfered and violated unfair trade practice act.

Florida Federal Court Finds National Arbitration Council is a "Mailbox Arbitration" Sham - A Florida federal court has joined a number of other courts around the U.S. which have ruled that the National Arbitration Council (NAC) operates a rogue arbitration "service" for credit cardholders to try and extinguish debt through an unauthorized arbitration process. Case No.3:04-cv-1076-J-32MCR CitiBank (South Dakota) and Chase vs National Arbitration Council Inc. They seemed to have ceased business in 2006.

2) The author Heidi Guedel has a supposed post on Sui bragging how she has hidden herself from being served from 5 more creditors in quite a scheme where she has no traceable address, utilities in someone else's name etc. If legitimate seems she isn't willing to take up the fight again but instead hide from it.

3) There is a public record from Marion County FL that on 2/4/2008 there was a default judgment entered against a Garofalo Heidi Guedel with a DOB of 1948 by Capital One Bank. Case Number: 42-2006-CC-000311-AXXX-XX

4) The motions etc have good support but of course they are all FL cases. If not in FL have to search for days to find cases to cite in our State. I realize no real solution to this, not the fault of the author since they had to use FL cases in FL. But lots of the legal jargon was not lay friendly (not suppose to be in a brief or motion). It may leave some readers perhaps a bit overwhelmed and may feel more in need of a lawyer to figure out how would argue in another state. And of course without their arbitration award by it seems a mail order award company.

Assuming this is the same person (reportedly also using other names and also now licensed in real estate in FL, one wonders why she now hides and gets default judgments against her if her methods are so useful for others that buy her book.

She has been attacked for the her vapor money defense which while humorous is a bit far out. That was not used in the successful defense by the couple in the book. BUT, the arbitration award defense was primary but of little practical use today without the sham mail order get your award type arbitration being available.

Well worth it
 
Review Date: January 9, 2010
Reviewer: Avrile, Beverly Hills, CA
I read the first edition of this book and am in complete awe of it's author.
How she managed to do all this is really an amazing story in and of itself.
The other information in the book is important and valuable, and well worth owning.
Had not heard about the follow up info, mentioned in another review. Not surprised, however.
Ms Guedel, law school beckons!
I was disappointed. It is not a how-to for avoiding bankruptcy!
 
Review Date: November 29, 2009
Reviewer: M. Beierle, Ft. Thomas, KY, USA
I bought this book thinking I was going to learn how to avoid bankruptcy. I was sorely disappointed. The book is about how the author avoided it -- which, granted, she says in her youtube video. I incorrectly assumed it may also tell me how to do it. Far from it, in fact. It oddly enough does not go into great detail about how she avoided bankruptcy. Only the general idea is there. And the author seemed to imply that the technique she used to avoid bankruptcy 5 years ago may no longer be a valid approach today. Half of this book is about the author's combat with a creditor suing her. So half the book contains nothing but the legalese it took for her to defeat them. The story was somewhat interesting, and the legalese could be useful for someone defending themselves, like she did -- but it may have to be the same circumstances. But it is not the reason I bought the book. I did not learn how to avoid bankruptcy. So buyer beware.
NEW, UPDATED SECOND EDITION IN 6X9"
 
Review Date: May 19, 2009
Reviewer: BIG BIRD, My secret Southern garden
I have just read this Second Edition after reading the First Edition(which I reviewed), and it is now a comfortably larger book than the First Edition (6x9" rather than pocket book size) which makes it easier to read... the print is larger too. It costs a couple of dollars more, but it also includes an important new chapter.

This is the same detailed, blow-by-blow account of a real-life couple's SUCCESSFUL defense against a bank's collections attorney without using a lawyer, including every legal pleading that was filed in this case by both Plaintiff and Defendant... but it NOW includes a present-day follow-up concerning surprising continued collection attempts.

The new final chapter details the manipulative and unscrupulous tactics that numerous debt collectors have been attempting to use on these people, even though one of these collectors was already defeated in court... and even after all of the alleged credit card accounts have already expired beyond their State's Statute of Limitations.

The law doesn't seem to matter to these bottom-feeding debt collection sharks. They will continue to prey upon people who don't understand what legal protections they have available. They will try to deceive, manipulate, and offer false reassurances about repairing your credit report and/or absolving you of your debt ... when in actual fact you will most likely face increased income taxes AND lose your legal protection against ongoing lawsuits under your State's Statute of Limitations.

This latest edition provides first-hand information about numerous experiences following the couple's defeat of the first round of debt collectors. This will help readers understand what to expect in the years following a successful defense against collections.

I highly recommend this new Second Edition.

A Rousing War Story -- Hail the Conquering Heroes!!!!!!!!!!!!
 
Review Date: December 27, 2008
Reviewer: BIG BIRD, My secret Southern garden
As a long standing fan of Heidi Guedel's career as an animator and author of her own entertaining autobiography, I occasionally Google her just to see if she's come up with anything new... and VOILA!!!!! I find THIS little GEM.

According to some recent threads on quatloos! dot com, Heidi has used pseudonyms to thinly veil her own fight against credit card collection, and this book is really about her and her husband.

Although that IS an interesting controversy, ESPECIALLY given the author's feisty history of debate on the Internet forums, the real interest value lies in this book's detailed blow-by-blow description of what it is really like to be sued in District Court (NOT small claims court... a lot of money was at stake here) by a major credit card company, daring to fight back by learning how to represent themselves in court and WINNING.

Not only does she print the entire series of legal docs that make up the case file, but she also recommends and describes the how-to-represent-yourself-in-court website that provided the most valuable tutorials. She also busts the rip-off Debt Elimination company that was originally founded by a self-proclaimed debt elimination guru.

If you need to get out of debt, you need to read this book. FIRST, it will warn you about the sharks that are out there waiting to scam you out of your last few dollars on your over-limit credit cards, and it will THEN show you how two normal, middle-class people from Main Street beat the Wall Street bankers' collection attorney and made him dismiss his case against them.
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