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Small Claims Court.. Good idea, or DISASTER???

Many people in the biz think this is a great idea- I happen to COMPLETELY agree with them… However, my take on it is a bit different. My opinions on the use of Small Claims Court to assist in permanent deletions are skewed to protect your business first… AND expand it at the same time…

Small claims courts proceedings can be very effective. The concepts many companies have conjured is that the data furnisher will probably not show up in court…

I agree this is a great possibility BUT- you must be prepared for the worst… Many will use this theory without preparation and proper knowledge, this would be like “taking  a knife to a gun fight”… you’d know a bit and have a chance of slipping through and winning but your opponent has an EXTREME advantage.

When preparing for a small claims strategy it is imperative to understand the details and concepts of the various laws and acts. Some of the obvious laws and acts to understand are the FCRA (Fair Credit Reporting Act), FACTA (Fair and Accurate Credit Transactions Act), FDCPA (Fair Debt Collection Practices Act)— some of the not so obvious but very useful are the FCBA (Fair Credit Billing Act), HIPPA (Health Information Patient Privacy Act), SSRA (Soldiers and Sailors Relief Act), TILA (Truth In Lending Act) and general legal procedures…

One of the key elements that I elaborate in “Credit Biz in a Box” is the way to turn your small claims necessity into a profit center and a marketing center…

Knowing all of the details of the laws and learning how to set traps for the data furnishers is important BUT understanding that there is a FINE line between friendly advice and legal advice is CRUCIAL…. Unlicensed practice of Law is a serious offense that is typically enforced by the Bar Association in the state of your practice.

In many cases the relationship that you have with a client when you are in the Credit Repair business can easily be perceived as “Unlicensed Practice of Law”—

Although perception is not always true- I always teach that “PERCEPTION IS REALITY”//// you can however use this to your advantage….

Learn the laws in and out, study them, understand the concepts and ways to set booby traps for creditors, collection agencies, credit card companies, banks and credit reporting agencies….

Once you understand them fully- find a local attorney or 2 (I prefer 5-6 but…)… Once you find a local attorney that is looking to expand his practice, get a consultation. During your consultation explain your dilemma… Explain that you are an expert in FCRA, FDCPA, FACTA, FCBA, TILA violations… .Explain that- although you understand the complexities and intricacies of the procedure in court you have a greater understanding that Unlicensed Practice of Law is a serious offense… Explain that you want to help consumers and your clients, let the attorney know about the free education that you offer to various groups (I’ll talk about that in another message)….

Then ask the attorney if he is willing to become a strategic partner with you— A proposal could be structured in many ways but I suggest the following… Do all of the research, compile all of the traps, put together a detailed summary of the violations then present a complete package for the attorney to file a small claims case….

Most attorneys do not specialize in these laws and many don’t care to know anything about them… If you make the attorney’s job easy- he will likely be willing to take these additional cases.. the monetary settlements on theses cases is usually small BUT… if the attorney has little work to do on them and they are looking to expand their practice, then this is a win- win for everyone…

Having an attorney do the small claims will help in 2 ways- 1) It will keep you out of hot water with regulators/violations and Most importantly 2) Will allow you to partner up with a professional that is likely to give you more referrals that you will give him…. You will quickly become the “credit expert” in their eyes which will go ALONG WAY!!!!

Side-Note… Make sure you know your STUFF before attempting to form a relationship… it’s not easy to “Fake it til you make it” with attorney’s… they’ll see right through it…

The client may have to come up with a small retainer but- it is much better than them trying to do it themselves. Most attorneys will work without a retainer for clients in need when they know there will be a monetary award- the typical award is $1000 + so the attorney’s money is usually secure…

Detailed info on how to set the “Mouse Traps” and what the most common violations to look out for are a part of “Credit Biz in a Box”…. If you are interested in finding out more about that take a peek here CLICK HERE TO SEE “CREDIT BIZ IN A BOX”

A quick explanation of it is- The complete resource for starting running andn managing a credit repair business… How to guides for all situations along with employee training manuals and marketing materials… There are several books, audio CDs, DVD Presentations etc… Enough stuff to fill up a box…  A bunch of marketing material too….

Your friend in the credit biz,

Mike Citron

P.S. These are REAL TIME Real world tactics…. This idea is not theory it is fact… When I was still actively practicing credit repair, at any given time I could get 30+ attorneys on the phone within minutes… (Because I had their Cell #’s) and they would ALWAYS ANSWER the PHONE!!! I still provide continuing education for the Florida Bar- Several of the courses that I created have been presented to groups of all sizes… I’m not telling you this to brag.. I’m sharing my experience so you can benefit from it… If I did it- so can you!!!

P.P.S. I still want you to check out the latest updates to our website www.DisputeSuite.com

P.P.P.S. I’m starting a small campaign… it’s called THREE AND ITS FREE-Three and it’s free is this… If you know 3 people in the credit repair business that can benefit from our software- send them our way… When three people sign-up, I will give you a month for free… Your THREE friends will get their first month free as well…. This is Hard to keep track of so— I’m not publicizing this on our site- just e-mail me the 3 names of your friends once you know that they signed up!!

P.P.P.P.S. If you can think of other unique promos like THREE AND ITS FREE- and you’d like me to think about implementing.. I’d be happy to listen!

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  1. Sarah says:

    Pretty good post. I just came by your site and wanted to say
    that I have really liked browsing your blog posts. In any case
    I’ll be subscribing to your feed and I hope you post again soon!

  2. Thomas White says:

    This is AWESOME information and confirms a great deal of what I’ve been developing as a long-term strategy for my clients. We will change the world…one client at a time! Thanks!

  3. MikeN says:

    Mike, your webinar was very informative and refreshing. Your on the correct path of helping people first. Love the program!

  4. Hayden says:

    Nice conference call today, I was unable to watch it but I listened to the call on the telephone. Think and Grow Rich sounds great as do the powerpoint. Good luck on the blog, I will be checking back often.

  5. David Southern says:

    Very interesting stuff. Was on your webinar yesterday and has me really re-thinking credit repair. I have been referring all of the need repair clients to a local repair company, just do not like turning over the control when I do not fully know the out come.

  6. Mike I enjoyed the knowledge you gave yesterday thursday 16 2009 on marketing education seminar it was a comfirmation what God has been dealing with me
    I am on three radio station as of now for about 2 months now
    and they ask me to do a live talk show
    you were on point

    I like to get the power point presentation and other material you offer
    the book On think and grow Rich
    James R

  7. Curtis Weaver says:

    Once again, great information, thanks so much

  8. EricPegler says:

    Hosted by leading universities, colleges and state economic development agencies, and funded in part through a partnership with the U.S. Small Business Administration, approximately 1,000 service centers are available to provide no-cost consulting and low-cost training.

    http://www.asbdc-us.org is their website.
    I do seminars there and have been able to become an expert on credit by volunteering 3 hours a week at my locl SBDC. The seminar is entitled “Up your FICO!” It’s an Italian thing!

    A great way to have 15 business consultants
    refering business to me! And a great service to the community!

  9. Mike I was on the July 23 webinar and request the information about the Peggy letters and the software you offered on the webinar. Thank You for your contribution to the industry

    Larry Brumfield
    National Director
    National Credit Federation
    Tampa Fl

  10. Steve Leifer says:

    Good stuff. Getting ready to reach out to the few attorneys I know.

    Spent the past few hours listening to last weeks webinar (was at the FAMB show in Orlando) as well as todays. WOW! Highly informative and more importantly actionable. Please send me Bio Template and if you would be s kind Peggy’s letters (and any other goodies you may want to throw in).

    Regards to Bubby.

    Steve

  11. Steve Leifer says:

    Good article. Getting ready to reach out to the few attorneys I know.

    Spent the past few hours listening to last weeks webinar (was at the FAMB show in Orlando) as well as todays. WOW! Highly informative and more importantly actionable. Please send me Bio Template and if you would be s kind Peggy’s letters (and any other goodies you may want to throw in).

    Regards to Bubby.

    Steve

  12. BB says:

    Mike,
    Please don’t interpret my comments as negative or unappreciative. I love your webinars. The content and the guests are outstanding. But, they are way too long. I would prefer that they last no more than 60 minutes. I also think training is most powerful if the focus is on a maximum of three topics at a time.

  13. Allen says:

    Good post Mike. I just got off of the webinar you did today (Oct 1, 2009) and you said that we should checkout your site and I am glad that I did. I have known about this tactic but did not take into consideration that I might be hit with unlicensed practice of Law. Your recommendation is a good solution to this.

    Also, could you send me a copy of the information that you mentioned in your webinar today. Thanks for all of the helpful information that you provide.

  14. Great blogpost, thanks lots!

  15. Amy says:

    I have always been leary of sending my clients to small claims, after learning so much from your webinars and the boot camp. I feel more confident than ever and I relay that confidence to my clients in a more healthy manner! Thanks Mike for all you do for this industry!

  16. Salle Stewart says:

    You always post important information that is needed by every credit repair specialist………thanks for a great job!

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