🔥🔥Schedule a FREE consultation with the Consumer Warrior by clicking here calendly.com/d/3pp-ths-dtz 🔥🔥🔥 Need help? Check out my online tutorial on " *How to Draft an Answer to a Debt Collection Lawsuit* . With Step-by-Step instructions. 👉👉 skibalaw.com/sued-by-debt-collector/ 👈👈 Check out these other Consumer Warrior tutorials: 📝 How to Draft an Answer to a Debt Collection Lawsuit - consumer-warrior-project.thinkific.com/courses/answer 📝 How to Win a Debt Collection Lawsuit by Compelling Private Arbitration - consumer-warrior-project.thinkific.com/courses/arbitration 📝 How to Draft a Response to a Motion for Summary Judgment - consumer-warrior-project.thinkific.com/courses/summaryjudgment 📝 How to Prepare and Defendant Yourself at a Debt Collection Trial - consumer-warrior-project.thinkific.com/courses/how-to-prepare-defend-yourself-at-a-debt-collection-trial 📝 How to Defend a Debt Collection Lawsuit From Beginning to End - consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle 📝 How to Eliminate a Default Judgment - consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment 📝 Proven Strategies for Settling Debt for Less than Owed - consumer-warrior-project.thinkific.com/courses/debtsettlement 📝 How to Become Debt Free through Bankruptcy or Debt Settlement - consumer-warrior-project.thinkific.com/bundles/debt-settlement-bankruptcy 💼 Complete Consumer Warrior Tutorial DIY Library - consumer-warrior-project.thinkific.com/bundles/all-courses-bundle🔥
How can they claim breach of contract when the original contract is with the charge off party? If you did not sign a contract with them there is no contract. Can you clarify where they can sue for a contract that does not exist with "Debt Collection Corporation?"
I wanted to know can they sue me even though they didn't serve me any papers they said that because I didn't show up they won by default what can I do about it
Thank you Sir for being UNSELFISHLY willing to help educate the public on this, where others charges ARM and the LEG just for an ANSWER to an allegation, I was one of those who fell from not knowing...but this expensive ordeal was able to help me learn to represent myself in court. May GOD bless you and all attorneys who shares some TIPS on how to respond calmly instead of panicking.
Hi John! I did a phone pre hearing this past November. I called the courts today to double check when the next hearing is and I was told it was dismissed with prejudice. Hallelujah! Jesus is so good!
This is the most straightforward instructional video I’ve seen on how to respond to a lawsuit from a debtor. I’ve said it before - it’s the unknowns of the process that scares most people and then they do nothing and then things get worse. Thank you for this video!
I'm here to join the "You got Served" club. First timer here, just want to say this video is so useful 👌 👍. Appreciate you taking your time to help us. 😀
thank you for your video on Answer a civil debt collection. Got a summons in the mail earlier. You came up on my TH-cam search. Your video is simple to understand and right to the point. I found my state's Answer form and filled it out. You are a god send.
I just got served today and was completely clueless on what to do. The county clerk receptionist gave me no information over the phone at all and I didn't know what was the next step. Glad I came across your channel! 🙂 Subscribed✅
Thank you for subscribing. I have a bunch of videos here on the TH-cam channel. I also have some online courses that do a deep-dive in your next steps. You can see them here 👉consumer-warrior-project.thinkific.com/
I asked the attorney during my trial what their state license registration number was for the debt collection activities they did BEFORE they "owned" the debt. A hem and haw and stammer... I filed a motion at that point to fine the plaintiff for illegal activities and requested transfer of the debt instrument / assignment to me immediately. Done and done.
Thank you for this video! I was so lost as to what to do when I was served. I feel like I owe you fee for your knowledge; I did however I liked, commented and subscribed! 😃
@@mgarcia91566 I was being sued by a medical bill collection agency. Once my answer was filed, they contacted me to settle out of court with a flexible repayment plan.
Question: I owe $60,000 in IRS debt and $50,000 in credit card debt. If I sell my used Semi truck for $45-50,000.00 can I put that money towards all my IRS debt and file Chapter 7 cancelling my credit card debt without my truck sale causing a problem?
Great information and professionally explained. Thank you for sharing your knowledge to help us out here who have gotten themselves into a little financial trouble with credit debt. I feel empowered and a little better now after watching this video. I now have an action plan and the initial panic has gone away. I will update as to the resolution of my own situation. Thank you again! Dave - Chicago
Thanks Dave. I am glad the videos are of help. I have some templates and “deeper-dive” on these topics at consumer-warrior-project.thinkific.com/. Thanks for supporting the channel.
Hey man. Thanks for your great content. Questions - when responding to a summons do I have to retype the plaintiff’s allegations? Or do I have to number them the same as the plaintiff? So they know which allegation I am responding to
Thank you for taking the time to offer this help. I am in over my head and overwhelmed and wished I went looking for help before I got into defending myself. I have returned my interrogatories and admissions and the request to produce but honestly do not know if I did it right and have 2 court dates set up, heading for a nervous breakdown. Tried to hire help but nobody return my call and legal aid refused me as well. Will be looking for other self help videos from you. Ty for your willing to help those who need it and can’t afford it.
You really helped me I have a court date tomorrow . Those 3 steps I didn't know I could do . Here I wrote all my bills was going to tell him why I can't pay etc the well this happened etc wow this can help the form I got has no itemized anything just says I owe this helps . Hope this works tomorrow. So deny . I got to watch again so I do what you dad
What about a phone call saying "the lawyers for the owed party is planing to attach to my S.S ? I have never been served anything, only phone calls I haven't responded to. Thank you
What about the 'wherefore' clause? If everything in the complaint is denied or defendant has lack of knowledge regarding each allegation what/how should that clause paragraph be worded? Or, what if defendant admits that money is owed but NOT to the debt collector? How would the answer be then? Thanks in advance. ❤ EDIT: Glad I finally found you. Every video I've watched mentioned YOU in the comments and now I'm here, YAY! _new subbie here_
Never admit to ANY DEBT. Admit that you were never contacted, that verification was never requested because validation was not provided. Request that the debt instrument be reassigned to you without charge and the case dismissed with prejudice.
@@gbear1005 That's exactly what I did. I asked them for proof and they keep sending me stupid statements. They don't even have the name of the issuer correct. thanks for replying
First and foremost, thank you so much for all of the valuable information you provide. My question for you is, I received a “Notice of Assignment to Judgement Debtor.” Can you explain what this is and why I received it? I have no idea what “debt’ this may pertain to. Thank you sir!
Midland bought a Capital One debt and put it on my credit report. When I informed the credit bureau agencies that the debt was past the statue of limitations on the original debt by five years, they said it started over when Midland bought the debt and won't remove it. The Federal Credit Reporting Act says, from date of the last transaction of the ORIGINAL debt. Midland IS known for not obeying the rules...
Thank you so much for this. When responding do you redraft their accusations and put you answer after or do you just number your response according to the accusation?
I usually just say "In response to the allegations in paragraph number 1, Defendant admits/denies the allegations contained therein. I have an online tutorial that may be of help consumer-warrior-project.thinkific.com/courses/answer Good luck!
It would be much easier to do a "Refusal for Cause" response by mail when you receive your first debt collection letter. You did not contract with the debt collection company therefore you have no duty to them. It has worked for me and many others.
Lisa,that sounds easier & more understandable! My sons get many of these I'm ashamed to say, but I'm the one being hounded! The boys are never around...so if I can stop this from coming to me!
Scene crypto, this is exactly what I thought. The debt collection company would be hung out to dry as you said. The contract was not made with them. Once the account is sold the original agreement is null and void.
Great question! I answered your question on my weekly livestream. Check it out here at the 9:00 minute mark ➡️ th-cam.com/users/liveTYUJDmTJhsM?feature=share
@Just Being Real how did they save it for you because I need help the credit card Is being charged twice and I did not do the second charges in the first time I have some stuff before covid. And the loan I gave them 7000 but I can’t pay the other money and another charge for the card I did not do it
@@askbradyoung3007 I did draft the replay and I haven’t get an answer yet. Just on the ones that are debt colector that got bougth from the the bank I haven’t because I don’t have no paper from them probably they went to my old adress trying to see how can I fix that after I block all my public record I think is a lot of off things in my credit need to fix it.
Hello have you ever been to court because a creditor was trying to sue you and sent an attorney? Because I have a court date on the 10th and I've never been to court on this. So do I just tell them I've never heard of the company and do not owe anything to the company nor lawyer? I'm unsure on what to say, please help or if anyone can. Thanks
@@askbradyoung3007 i did reply back but I didn’t put much just to then I don’t live in that. State and address and they replied back to me a few days ago trying to keep going with it. What should I do
Thanks for making it more clear. It seems impossible to represent yourself. I am having trouble finding an answer template, do you have any doc links or anywhere that I can easily fill out the form like you stated? Do I need to answer each and every one of the paragraphs in the complaint?
Great information. I have a question for you: what do do, or say when you got sent to ER against you will? And now you been sue for unpaid medical bills?
What form would I need to purchase to answer a Justice Court Summons? I received a summons stating that I'm being sued for a credit card debt. But I'm not contesting the balance. I'm going to speak with them to schedule a payment arrangement. What form would I need to let the Judge and Plaintiff know that I'm not contesting this bill?
Hey Denise! For more specific questions, feel free to join my community. I am on there frequently and can answer the question very directly. If you live in Arizona, here’s my number to set up a consult: consumer-warrior-project.thinkific.com/users/sign_in/?redirect_to=/communities/Q29tbXVuaXR5LTI4MDMy&error=Please%20sign%20in%20to%20continue 480-907-3388
Debt collector keeps postponing court hearing and I keep showing up eveytime. This would be my 3rd time, I have court Thursday. They are 3 hours away from our court hearing. Do you think they will show up?
We just got one of these yesterday. We cannot pay this debt, we want to, but we have very low paying jobs and two of our three children are special needs. Can we plead this to the courts in the letter as well? Is it even something that is “useable” as a reason to not be able to pay?
great question. I often see people who are representing themselves put information like you mentioned in their Answer. I usually recommend not using such information at the Answer stage. The reason is the purpose of the Answer is to inform the court if you admit or deny the plaintiff's allegations and to raise any defenses you might have. The court is not there to negotiate a settlement or set up a payment plan. The information you mentioned would be relevant to settlement of the debt, but not Answering the complaint.
what if you file a Chapter 7? should you just explain that or not bother responding if your going to take action. how many months after non payment would you say on average before you recieve something like this?
Hey, Joleai! Here is a link to my community where you can ask questions like this and get advice from me and other people in similar situations. consumer-warrior-project.thinkific.com/communities/Q29tbXVuaXR5LTI4MDMy
Mine has 12 item listed and then a "Wherefore" with a plea to the court to rule in their favor on all funds, court costs, lawyer cost and anything else the court wants to give them. Should I put a "Wherefore", I'd like a ruling to reduce the total amount owed and break the remaining balance to X-number of payments over a year + until paid off?
Can debt collector keep bringing you to court for same debt? I appeared last year and asked chain of custody or proof of debt also pointed out they had all my info wrong so it was continued but they never showed so judge dismissed the case. Then I moved and same debt collector now bringing me to court for same debt but in new court in another town but in same state. They never provided original requests from other court date.
Thank you so much for this information. I know you didn't have to do this, but you did. This helped me a great deal learning this valuable information. Just subscribed.
Thank you for the info. Since November 2020 they’ve attempted to serve me but I always manage to avoid them in regards to a $4,000 dollar + debt with Midland. I called Midland and setup a payment plan for automatic withdraw . They have received 2 payments thus far for Dec & Jan. Prior to setting up payments with Midland and signing a mailed in document, they reassured me I would no longer be summoned but that was not the case. After it continued I called Midland again and was told just to respond to the summons. I realize now I have no choice. I plan to follow your 3 step advice but first I know I must call the process server. If there’s any other advice you can give me in regards to my situation, I’d greatly appreciate it. Thank you for your time.
This is exactly what I was wondering. I was thinking I could call my debt collector and set up payments, but that probably means I still need to ANSWER back on the summons. It's frustrating because the debt collector did not buy my debt for the amount owed.
Hmmm when I defaulted on my Visa they didn't sue me it went to collections; the collection agency let me pay it off at about $17 per paycheck ($1200 or so bill)
Portfolio Recovery made a defective statement in a case I helped get started. Our side was never able to establish the original charges to the bank, but probably 50 bucks. The cost to Portfolio in settlement was probably 50 to 75 k because their lawyer signed a defective affidavit.
Let me ask you a question ... what constitutes a missed payment ? What if you were still making small monthly payments trying to chip away at the debt, not the minimum payment, but an amount agreed to by the creditor's customer service representative ... is the relationship between creditor and debtor still legally binding, and the original creditor retains jurisdiction?
How do you handle credit card bank lawsuits from large bank if credit card accoint was created with fraud and made without your authorization? How can you have your lawsuit case dismissed for fraudulent account/charges?
I just mailed my copies certified to the court and attorney but did not see if there was a filing fee. Will it be accepted when they receive it ...I am just worried about it being timely now not realizing there is probably a fee. How does that work? Will they totally deny my answer at this point ? Thanks so much.
Thank you for this. I have a separate question. If for some reason the creditor freezes my bank account (Wells Fargo), which shouldn't happen if I answer and appear in court, do you have a video on what to do? So far I've read you within 2 days ask for an exemption claim form from bank (I'm on SS retirement directly deposited). I've also read Senate hearing on how banks ignore the federal law and allow a freeze of an account with government benefits.
I received a summons and went to court. I disputed the charges and requested validation of debt with transactions. They reset a court date two months out saying they will need more time. What are my options and should they have that information at the summons?
Once you receive the information you need to review carefully to determine if the debt is yours and if there is proof that they are the current owner of the debt.
I got a call last month from some company claiming they bought debt that is almost 12 years old. They are threatening a lawsuit but I have received no summons or any kind of letter from them at all. They said they sent something to some address that had literally nothing to do with me at all. After the call, they sent me an email with an attached PDF with an "agreement" i never agreed to but I still have received not a single letter or anything in paper from them at all. I have no intention of paying anyone without something on paper and just going on a short PDF and a phone call. During the phone call, they said I would be liable for the attorney fees. Is that true and how should I proceed?
Thank you for this information. What if you receive SSI /social security and due to financial hardship you can’t afford to pay the debt, Will you get a chance to present this argument?
You go to court, and explain that you get SSI. They can't touch your money if you get federal funds such as SSI. If you're married they can go after your spouse. If you're not you get to laugh at them for wasting their time
If your being summoned you also have the right to counter sue. Stop letting third parties put fear in you. Anyone can buy your info and make money off you that's why original ownership sells to third parties for cheap why deal with cents when your making dollars. Wake up people
What if the plaintiff doesn’t show up to court, but the defendant does, and the plaintiff asks the judge for dismissal without prejudice. Does the plaintiff have to serve you all over again? And give you another summons for court??
I’ve been sued 17 straight years for a car my ex husband crashed on purpose right after our divorce. This is year 18. He’s taken my state taxes 17 straight years. I won’t budge. I told him 15 years ago it’s a matter of principle!
Thank you very much for video love how the way you explain everything you spend the time and offered to educate us with all this information wow you’re the best
Jurisdiction is important. Please talk more about that. Most Americans don't understand this and their status concerning jurisdiction as it pertains to debt.
So my old car got towed and never been able to pay the expensive bill, and they’re putting a lawsuit against me. Is it possible I could pay the bill before the case and settle it?
Hey John thanks for this info! I have court next week should I file this answer before my court date or should I just take it to court with me?? thank you in advance!
Hi Aliyah - It sounds like the procedures are different in your state. Here in Arizona where I practice you are required to file your Answer before you can even get a court date. I would recommend contacting the clerk of the court and asking them what you should do. If they won't tell you I would recommend contacting an attorney in your area.
Hi John, I believe that this may be happening to me will this work in Texas, I haven't been served they are trying to serve, I don't know who the are where they came from.
My county has sent my trash bill ($200) to a collection agency do I have to pay. I tried t on pay the county but they said they can’t take a payment until I pay the collection debt off. What do I do.
My case was this: I did answer the summon letter myself. Sended my the origical copy to the court and copy to the plaintiff attorney explaining that the 6 mos HOA fees that was not paid was already paid to the HOA. I have attached payment checks each month as proof of payment including the payment stub each month. So at the end of my statement, I requested to dismiss the case becaue I have already settled my account to the HOA and is now current. Now, what do I expect for the court decision? 1.) Will I expect to recieve a letter from the court for further actions? What I received one week after I send my answer to the court and plaintiff atty., is another letter from the plaintiff attorney demanding the payment for what I owe inclcuding attorney's fee. (the total amount was trippled). Help for advice. 1) Will I pay the bill collector demand? 2) How can I protect myself? I want to sue this collector, but I don't know what to do.
if this case is already in court you will need to provide proof to the court that you have already paid the debt. This can be done at trial or with a Motion for Summary Judgment.
What if you receive a summons, but what follows in subsequent pages are causes of action, but the document is not labeled complaint? Should there be a summons and complaint? Or are causes of action listed in a summons?
In Texas the statue of limitations is 7yrs. A constable tried to serve me papers from bank of America, they tried to sue me for credit debt of 6000. I been ducking and dodging the constable from serving me. If it's past the statue of limitations can they still sue me????
How do I get documents to see if the original creditor has the correct documents? NY state has a 3 year statue of limitations law and I believe my last payment was more than 3 years ago. How can I obtain the proof of them showing my last payment?
Very informative and easy to understand. Thanks for that…. Question: If a creditor receives a judgment against you and obtain a writ ( I think that’s the right word lol) to freeze your bank account, and at the time they serve the bank, you have no funds in the account. Will or could the bank wait until you receive a direct deposit or funds days, weeks or months after they receive the court document to freeze, then hold or freeze for the creditor judgement? Or, once the bank is served, do they freeze the account for only the monies that are in the account that particular day? Hope this makes since. Thanks so much..
I don't see a document that looks like what you have, I see a summons but no case number on the paperwork. There is a trial date set for 3/23/22. Summons was set 3/17/21, I just got it handed to me last week. Also it says I am being sued by Citiban, NA and also a judgement of damages but no Complaint doc. Can I please call you or email you?
Hi, thank you for this video. My issue is that there is no case number on the space for case no(it's blank) also there is no Attorney on the upper left of front page. There is however Midland credit management listed as plaintiff.
@@Dansiekelly Thank you for the reply, in fact many thanks. It does however say "electronically filed" and there is a number(alphabets and numbers(about 16 altogether) below where it says electronically filed but where it should say case no. it is blank. Any guidance you can give is appreciated. Danke.
hello I need advice please! my mother called me on September telling me that a guy dropped off a paper asked for me but I don't live there anymore but she said yes (I got served) but this paper looks all fake and the wording is all off, with fake NY Civil Court stamps. there are many exclamation points and it has the information of the attorney for the creditor. I looked up in the e court system and my name is not found anywhere for a case. What should I do?
I’ve already responded but no one ever talks about what comes next? They mailed me a packet to set up payment arrangements but now what? They say they refuse to negotiate
What happens if the plaintiff puts an inaccurate address ( for him as well as wrong phone extension in company directory) and does respond to you “ defendant” by phone prior to filing an answer and currently in discovery ?
Under "Answer" do I write "Complaint for damages"? Also it has 13 General Allegations, " thing that are seemingly illrelevent to an allegation like, "The Defendant is a resident of this county" and the last is how much I owe. Do I answer "Yes" I live there on the line that states, "The Defendant is a resident of this county", and answer these questions, and then on the last how much I owe state, "I don't think that is the amount? Please and thank you for your time I have 0 money but this would help so much!
Also before I give my answer, in the word doc that is a legal document set up it says Jurisdiction, I don't know what to write there so I took it out, and at the bottom before I write my answers it says, "Attorney" is that their Attorney I write because I don't have one.
![What To Do If You Get Sued But You Don't Have The Money [Walkthrough]](http://i.ytimg.com/vi/yI1UQuT_qok/mqdefault.jpg)
🔥🔥Schedule a FREE consultation with the Consumer Warrior by clicking here calendly.com/d/3pp-ths-dtz
🔥🔥🔥 Need help? Check out my online tutorial on " *How to Draft an Answer to a Debt Collection Lawsuit* . With Step-by-Step instructions. 👉👉 skibalaw.com/sued-by-debt-collector/ 👈👈
Check out these other Consumer Warrior tutorials:
📝 How to Draft an Answer to a Debt Collection Lawsuit - consumer-warrior-project.thinkific.com/courses/answer
📝 How to Win a Debt Collection Lawsuit by Compelling Private Arbitration - consumer-warrior-project.thinkific.com/courses/arbitration
📝 How to Draft a Response to a Motion for Summary Judgment - consumer-warrior-project.thinkific.com/courses/summaryjudgment
📝 How to Prepare and Defendant Yourself at a Debt Collection Trial - consumer-warrior-project.thinkific.com/courses/how-to-prepare-defend-yourself-at-a-debt-collection-trial
📝 How to Defend a Debt Collection Lawsuit From Beginning to End - consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle
📝 How to Eliminate a Default Judgment - consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
📝 Proven Strategies for Settling Debt for Less than Owed - consumer-warrior-project.thinkific.com/courses/debtsettlement
📝 How to Become Debt Free through Bankruptcy or Debt Settlement - consumer-warrior-project.thinkific.com/bundles/debt-settlement-bankruptcy
💼 Complete Consumer Warrior Tutorial DIY Library - consumer-warrior-project.thinkific.com/bundles/all-courses-bundle🔥
Thank you!
How can they claim breach of contract when the original contract is with the charge off party? If you did not sign a contract with them there is no contract. Can you clarify where they can sue for a contract that does not exist with "Debt Collection Corporation?"
I have a question for you I was on life support for three weeks and then I found out that I was being sued by a Debt collector
I wanted to know can they sue me even though they didn't serve me any papers they said that because I didn't show up they won by default what can I do about it
My email is isaaic65@hotmail.com
Thank you Sir for being UNSELFISHLY willing to help educate the public on this, where others charges ARM and the LEG just for an ANSWER to an allegation, I was one of those who fell from not knowing...but this expensive ordeal was able to help me learn to represent myself in court. May GOD bless you and all attorneys who shares some TIPS on how to respond calmly instead of panicking.
Thanks for the kind words. Glad to be of help!
Love this
@@Consumer_Warrior Bro. that goes Double for me, I hate to be in a thankful competition but this is such grace sir..
Hi John!
I did a phone pre hearing this past November. I called the courts today to double check when the next hearing is and I was told it was dismissed with prejudice. Hallelujah! Jesus is so good!
Did you follow his recommendations or did you do something different which helped get your case dismissed?
@@KittyOfficiallyNotYo I did everything he said to do, mine was dismissed because I’m on SSDI
@@stephaniedekinger2463 thank you.
@@KittyOfficiallyNotYo What ever you do, do not ignore it. God bless you!
@@stephaniedekinger2463 I absolutely will not
This is the most straightforward instructional video I’ve seen on how to respond to a lawsuit from a debtor. I’ve said it before - it’s the unknowns of the process that scares most people and then they do nothing and then things get worse.
Thank you for this video!
Thanks for your comment. Good luck with your case!
We need more real good people like this thank you
Thank you for watching the channel. I hope it was helpful!
@@Consumer_Warrior Hi, Can a debt collector have a county court house call you? If not why would a county court house call me? Thank you
This was great! I’m reviewing for a law class and your explanation was 100x better than my professor’s. Thanks John!
I'm here to join the "You got Served" club. First timer here, just want to say this video is so useful 👌 👍. Appreciate you taking your time to help us. 😀
thank you for your video on Answer a civil debt collection. Got a summons in the mail earlier. You came up on my TH-cam search. Your video is simple to understand and right to the point. I found my state's Answer form and filled it out. You are a god send.
I just got served today and was completely clueless on what to do. The county clerk receptionist gave me no information over the phone at all and I didn't know what was the next step. Glad I came across your channel! 🙂
Subscribed✅
Thank you for subscribing. I have a bunch of videos here on the TH-cam channel. I also have some online courses that do a deep-dive in your next steps. You can see them here 👉consumer-warrior-project.thinkific.com/
I asked the attorney during my trial what their state license registration number was for the debt collection activities they did BEFORE they "owned" the debt. A hem and haw and stammer... I filed a motion at that point to fine the plaintiff for illegal activities and requested transfer of the debt instrument / assignment to me immediately. Done and done.
Nice work!
Thank you so much for showing us the truth behind debt buyer lawsuits. I won today against LVNV!!!! Now just need to see if they appeal.
Awesome!! Congrats!
Thank you for this video! I was so lost as to what to do when I was served. I feel like I owe you fee for your knowledge; I did however I liked, commented and subscribed! 😃
Thank you for supporting my channel! Good luck with your case.
Any update on your case? Doing some homework and figuring out how to file my answer and reading up on different outcomes.
@@mgarcia91566 I was being sued by a medical bill collection agency. Once my answer was filed, they contacted me to settle out of court with a flexible repayment plan.
😶
@@marhki hey so did you just admit to complaint in your response? You didn't have to go to court?
If I'm unsure, how can someone find out, if there're any lawsuits against me, and lost the paperwork or forgotten about it?
Question: I owe $60,000 in IRS debt and $50,000 in credit card debt. If I sell my used Semi truck for $45-50,000.00 can I put that money towards all my IRS debt and file Chapter 7 cancelling my credit card debt without my truck sale causing a problem?
Hi, I live in TEXAS!
I found these papers just left at my door. I was not served by a processor or sheriff. Is this an appropriate way of serving me?
is this the same, or before/after a subpoena for deposition?
Great information and professionally explained. Thank you for sharing your knowledge to help us out here who have gotten themselves into a little financial trouble with credit debt. I feel empowered and a little better now after watching this video. I now have an action plan and the initial panic has gone away. I will update as to the resolution of my own situation. Thank you again!
Dave - Chicago
Thanks Dave. I am glad the videos are of help. I have some templates and “deeper-dive” on these topics at consumer-warrior-project.thinkific.com/. Thanks for supporting the channel.
How did it go? Curious
I need to know how it went. 1 year and no update.
Hey man. Thanks for your great content. Questions - when responding to a summons do I have to retype the plaintiff’s allegations? Or do I have to number them the same as the plaintiff? So they know which allegation I am responding to
Thank you for taking the time to offer this help. I am in over my head and overwhelmed and wished I went looking for help before I got into defending myself. I have returned my interrogatories and admissions and the request to produce but honestly do not know if I did it right and have 2 court dates set up, heading for a nervous breakdown. Tried to hire help but nobody return my call and legal aid refused me as well. Will be looking for other self help videos from you. Ty for your willing to help those who need it and can’t afford it.
Do you have to go to court if summoned?? Can you just ignore it all and not answer phones?
@@daveyboy8907 you can but it will default judgment against you.
Thank you for your videos, they helped me beat a debt collector.
Glad they helped!
You really helped me I have a court date tomorrow . Those 3 steps I didn't know I could do . Here I wrote all my bills was going to tell him why I can't pay etc the well this happened etc wow this can help the form I got has no itemized anything just says I owe this helps . Hope this works tomorrow. So deny . I got to watch again so I do what you dad
What about a phone call saying "the lawyers for the owed party is planing to attach to my S.S ? I have never been served anything, only phone calls I haven't responded to.
Thank you
What about the 'wherefore' clause? If everything in the complaint is denied or defendant has lack of knowledge regarding each allegation what/how should that clause paragraph be worded? Or, what if defendant admits that money is owed but NOT to the debt collector? How would the answer be then? Thanks in advance. ❤ EDIT: Glad I finally found you. Every video I've watched mentioned YOU in the comments and now I'm here, YAY! _new subbie here_
Never admit to ANY DEBT. Admit that you were never contacted, that verification was never requested because validation was not provided. Request that the debt instrument be reassigned to you without charge and the case dismissed with prejudice.
@@gbear1005 That's exactly what I did. I asked them for proof and they keep sending me stupid statements. They don't even have the name of the issuer correct. thanks for replying
First and foremost, thank you so much for all of the valuable information you provide. My question for you is, I received a “Notice of Assignment to Judgement Debtor.” Can you explain what this is and why I received it? I have no idea what “debt’ this may pertain to. Thank you sir!
Midland bought a Capital One debt and put it on my credit report. When I informed the credit bureau agencies that the debt was past the statue of limitations on the original debt by five years, they said it started over when Midland bought the debt and won't remove it. The Federal Credit Reporting Act says, from date of the last transaction of the ORIGINAL debt.
Midland IS known for not obeying the rules...
My mental stress for being denied credit is worth hundreds of thousands of dollars... sue the reporting agency NOT the debt collector.
Thank you so much for this. When responding do you redraft their accusations and put you answer after or do you just number your response according to the accusation?
I usually just say "In response to the allegations in paragraph number 1, Defendant admits/denies the allegations contained therein. I have an online tutorial that may be of help consumer-warrior-project.thinkific.com/courses/answer Good luck!
It would be much easier to do a "Refusal for Cause" response by mail when you receive your first debt collection letter. You did not contract with the debt collection company therefore you have no duty to them. It has worked for me and many others.
3 1 7 9 4 3 3 3 8 4 would assist you
@@daveramsey2552 Honestly, all reviews about gina, are real. Am a living testimony, this great elites changed my life.
Lisa,that sounds easier & more understandable! My sons get many of these I'm ashamed to say, but I'm the one being hounded! The boys are never around...so if I can stop this from coming to me!
Scene crypto, this is exactly what I thought. The debt collection company would be hung out to dry as you said. The contract was not made with them. Once the account is sold the original agreement is null and void.
@@marlenedavidson9173 p
How do you deal with a debt collection company for which the debt doesn't appear on your credit report?
Great question! I answered your question on my weekly livestream. Check it out here at the 9:00 minute mark ➡️ th-cam.com/users/liveTYUJDmTJhsM?feature=share
You don't owe anything to their lawyer. You never signed a contract with them.
@Just Being Real how did they save it for you because I need help the credit card Is being charged twice and I did not do the second charges in the first time I have some stuff before covid. And the loan I gave them 7000 but I can’t pay the other money and another charge for the card I did not do it
You still have to draft a reply or you will get a default judgement...
@@askbradyoung3007 I did draft the replay and I haven’t get an answer yet. Just on the ones that are debt colector that got bougth from the the bank I haven’t because I don’t have no paper from them probably they went to my old adress trying to see how can I fix that after I block all my public record I think is a lot of off things in my credit need to fix it.
Hello have you ever been to court because a creditor was trying to sue you and sent an attorney? Because I have a court date on the 10th and I've never been to court on this. So do I just tell them I've never heard of the company and do not owe anything to the company nor lawyer? I'm unsure on what to say, please help or if anyone can. Thanks
@@askbradyoung3007 i did reply back but I didn’t put much just to then I don’t live in that. State and address and they replied back to me a few days ago trying to keep going with it. What should I do
A video of a step by step process of how to handle a lawsuit would be epic! Step 1, step 2 and so on!😉😉
Thanks for making it more clear. It seems impossible to represent yourself. I am having trouble finding an answer template, do you have any doc links or anywhere that I can easily fill out the form like you stated? Do I need to answer each and every one of the paragraphs in the complaint?
Great information. I have a question for you: what do do, or say when you got sent to ER against you will? And now you been sue for unpaid medical bills?
Thank you for getting straight to the point this information was very helpful, again Thank you!
What form would I need to purchase to answer a Justice Court Summons? I received a summons stating that I'm being sued for a credit card debt. But I'm not contesting the balance. I'm going to speak with them to schedule a payment arrangement. What form would I need to let the Judge and Plaintiff know that I'm not contesting this bill?
Hey Denise! For more specific questions, feel free to join my community. I am on there frequently and can answer the question very directly. If you live in Arizona, here’s my number to set up a consult:
consumer-warrior-project.thinkific.com/users/sign_in/?redirect_to=/communities/Q29tbXVuaXR5LTI4MDMy&error=Please%20sign%20in%20to%20continue
480-907-3388
Debt collector keeps postponing court hearing and I keep showing up eveytime. This would be my 3rd time, I have court Thursday. They are 3 hours away from our court hearing. Do you think they will show up?
We just got one of these yesterday. We cannot pay this debt, we want to, but we have very low paying jobs and two of our three children are special needs. Can we plead this to the courts in the letter as well? Is it even something that is “useable” as a reason to not be able to pay?
great question. I often see people who are representing themselves put information like you mentioned in their Answer. I usually recommend not using such information at the Answer stage. The reason is the purpose of the Answer is to inform the court if you admit or deny the plaintiff's allegations and to raise any defenses you might have. The court is not there to negotiate a settlement or set up a payment plan. The information you mentioned would be relevant to settlement of the debt, but not Answering the complaint.
this is awesome, keep it coming mr skiba. people need to be educated about their debt and these debt collection agencies.
what if you file a Chapter 7? should you just explain that or not bother responding if your going to take action. how many months after non payment would you say on average before you recieve something like this?
Can I still file bankruptcy ch 7 after there are already judgements against me?? Will chapter 7 get rid of the judgements??
Hey, Joleai! Here is a link to my community where you can ask questions like this and get advice from me and other people in similar situations. consumer-warrior-project.thinkific.com/communities/Q29tbXVuaXR5LTI4MDMy
Wow this gentleman is giving us free information that we all should be paying a fee to obtain
Thanks for supporting the channel. Please subscribe!
He's getting a check from you tube
@@alrightnow7248 You certainly are not going to get rich off YT, in fact you make very little.
Incredible thank you so much!!!
Glad you liked it!
Mine has 12 item listed and then a "Wherefore" with a plea to the court to rule in their favor on all funds, court costs, lawyer cost and anything else the court wants to give them.
Should I put a "Wherefore", I'd like a ruling to reduce the total amount owed and break the remaining balance to X-number of payments over a year + until paid off?
Can debt collector keep bringing you to court for same debt?
I appeared last year and asked chain of custody or proof of debt also pointed out they had all my info wrong so it was continued but they never showed so judge dismissed the case. Then I moved and same debt collector now bringing me to court for same debt but in new court in another town but in same state. They never provided original requests from other court date.
Thank you so much for this information. I know you didn't have to do this, but you did. This helped me a great deal learning this valuable information. Just subscribed.
Also I subscribed and am telling my friends to check this out! Thank you again!
Great! Thank you!
Thank you for the info. Since November 2020 they’ve attempted to serve me but I always manage to avoid them in regards to a $4,000 dollar + debt with Midland. I called Midland and setup a payment plan for automatic withdraw . They have received 2 payments thus far for Dec & Jan. Prior to setting up payments with Midland and signing a mailed in document, they reassured me I would no longer be summoned but that was not the case. After it continued I called Midland again and was told just to respond to the summons. I realize now I have no choice. I plan to follow your 3 step advice but first I know I must call the process server. If there’s any other advice you can give me in regards to my situation, I’d greatly appreciate it. Thank you for your time.
This is exactly what I was wondering. I was thinking I could call my debt collector and set up payments, but that probably means I still need to ANSWER back on the summons. It's frustrating because the debt collector did not buy my debt for the amount owed.
Thank you for your valuable advice, can credit cards copany sue after that statue of limitations is up?
Thank you again❤
Hello I ordered the Digital form but it does not download. What should I do, really need it asap. I did send to support email that this happened.
Hmmm when I defaulted on my Visa they didn't sue me it went to collections; the collection agency let me pay it off at about $17 per paycheck ($1200 or so bill)
Portfolio Recovery made a defective statement in a case I helped get started. Our side was never able to establish the original charges to the bank, but probably 50 bucks. The cost to Portfolio in settlement was probably 50 to 75 k because their lawyer signed a defective affidavit.
That is great, since they unlawfully sued me as well
Please explain. How did you show it was defectIve? How did you know? What does their lawyer sign???
How much were they suing you for?
Let me ask you a question ... what constitutes a missed payment ? What if you were still making small monthly payments trying to chip away at the debt, not the minimum payment, but an amount agreed to by the creditor's customer service representative ... is the relationship between creditor and debtor still legally binding, and the original creditor retains jurisdiction?
How do you handle credit card bank lawsuits from large bank if credit card accoint was created with fraud and made without your authorization? How can you have your lawsuit case dismissed for fraudulent account/charges?
I just mailed my copies certified to the court and attorney but did not see if there was a filing fee. Will it be accepted when they receive it ...I am just worried about it being timely now not realizing there is probably a fee. How does that work? Will they totally deny my answer at this point ? Thanks so much.
What if you never received a copy of judgment how can I appeal that ?
Thank you for this. I have a separate question. If for some reason the creditor freezes my bank account (Wells Fargo), which shouldn't happen if I answer and appear in court, do you have a video on what to do? So far I've read you within 2 days ask for an exemption claim form from bank (I'm on SS retirement directly deposited). I've also read Senate hearing on how banks ignore the federal law and allow a freeze of an account with government benefits.
I am going to buy your course now. I need this now
Thank you!
Hi, and thank you very much! Do we need to send this copy to the lawyers office before the 20 days?
In most jurisdictions you will need to send a copy to the plaintiff's attorneys - the court does not do this for you.
@@Consumer_Warrior Ok. I just hope it's not a couple of days late, but I will get it on time with the court.
@@Consumer_Warrior Thank you!!!!!!!!
Thanks so much man you really helping me out
Thank you for this information! Its so valuable. What if there isn't a case number on the summons?
I received a summons and went to court. I disputed the charges and requested validation of debt with transactions. They reset a court date two months out saying they will need more time. What are my options and should they have that information at the summons?
Once you receive the information you need to review carefully to determine if the debt is yours and if there is proof that they are the current owner of the debt.
I got a call last month from some company claiming they bought debt that is almost 12 years old. They are threatening a lawsuit but I have received no summons or any kind of letter from them at all. They said they sent something to some address that had literally nothing to do with me at all. After the call, they sent me an email with an attached PDF with an "agreement" i never agreed to but I still have received not a single letter or anything in paper from them at all. I have no intention of paying anyone without something on paper and just going on a short PDF and a phone call. During the phone call, they said I would be liable for the attorney fees. Is that true and how should I proceed?
Thank you. I just got served to allegedly unpaid medical bills on November 13. This helps
Thank you for commenting!
Thank you for this information. What if you receive SSI /social security and due to financial hardship you can’t afford to pay the debt, Will you get a chance to present this argument?
You go to court, and explain that you get SSI. They can't touch your money if you get federal funds such as SSI. If you're married they can go after your spouse. If you're not you get to laugh at them for wasting their time
If your being summoned you also have the right to counter sue. Stop letting third parties put fear in you. Anyone can buy your info and make money off you that's why original ownership sells to third parties for cheap why deal with cents when your making dollars. Wake up people
If the original owner gets a tax write off for charge off, it should be illegal to sell your debt to 3rd parties
What if I am in the process of filing bankruptcy? How would I respond with that ?
Good clear info ...thanks John
You bet
I need help on a case Vs.LvNV.its set for Trial.10/22...can you help me
I would love to help if you would like to set up a consultation and live in Arizona. Here is the number you can call to set that up: 480-907-3388
What if the plaintiff doesn’t show up to court, but the defendant does, and the plaintiff asks the judge for dismissal without prejudice. Does the plaintiff have to serve you all over again? And give you another summons for court??
Good video. Do you need to include affirmative defenses in your answer?
Yes. In states like Arizona if you don't include affirmative defenses in your Answer you risk having the court deem that you waived them.
I’ve been sued 17 straight years for a car my ex husband crashed on purpose right after our divorce. This is year 18. He’s taken my state taxes 17 straight years. I won’t budge. I told him 15 years ago it’s a matter of principle!
Declare bankruptcy solved
Thank you very much for video love how the way you explain everything you spend the time and offered to educate us with all this information wow you’re the best
Hi, love your video. I recently get sued by grant % Weber inc, are they debt buyer? Any advice for this debt lawyer? I’m in California
Jurisdiction is important. Please talk more about that. Most Americans don't understand this and their status concerning jurisdiction as it pertains to debt.
So my old car got towed and never been able to pay the expensive bill, and they’re putting a lawsuit against me. Is it possible I could pay the bill before the case and settle it?
Hey John thanks for this info! I have court next week should I file this answer before my court date or should I just take it to court with me?? thank you in advance!
Hi Aliyah - It sounds like the procedures are different in your state. Here in Arizona where I practice you are required to file your Answer before you can even get a court date. I would recommend contacting the clerk of the court and asking them what you should do. If they won't tell you I would recommend contacting an attorney in your area.
Hi John, I believe that this may be happening to me will this work in Texas, I haven't been served they are trying to serve, I don't know who the are where they came from.
Hi aliyah how did it work out?
Hi!!! Good video!!! I have a question…
What happens if you have a deb like 22,000 in credit cards and don’t pay and move out the country?…
Good morning Sir! I saw your video it was very interesting and informative. Thank you!
My county has sent my trash bill ($200) to a collection agency do I have to pay. I tried t on pay the county but they said they can’t take a payment until I pay the collection debt off. What do I do.
My case was this: I did answer the summon letter myself. Sended my the origical copy to the court and copy to the plaintiff attorney explaining that the 6 mos HOA fees that was not paid was already paid to the HOA. I have attached payment checks each month as proof of payment including the payment stub each month. So at the end of my statement, I requested to dismiss the case becaue I have already settled my account to the HOA and is now current.
Now, what do I expect for the court decision? 1.) Will I expect to recieve a letter from the court for further actions?
What I received one week after I send my answer to the court and plaintiff atty., is another letter from the plaintiff attorney demanding the payment for what I owe inclcuding attorney's fee. (the total amount was trippled).
Help for advice. 1) Will I pay the bill collector demand? 2) How can I protect myself? I want to sue this collector, but I don't know what to do.
if this case is already in court you will need to provide proof to the court that you have already paid the debt. This can be done at trial or with a Motion for Summary Judgment.
if it is time barred debt..how does one respond?
Hey! I’m going live tonight at 5:15 pm MST. If you hop on and ask this question we can discuss it more. See you then!
You are providing a valued service keep it up.
Thanks for watching!
What if you receive a summons, but what follows in subsequent pages are causes of action, but the document is not labeled complaint? Should there be a summons and complaint? Or are causes of action listed in a summons?
In Texas the statue of limitations is 7yrs. A constable tried to serve me papers from bank of America, they tried to sue me for credit debt of 6000. I been ducking and dodging the constable from serving me. If it's past the statue of limitations can they still sue me????
How do I get documents to see if the original creditor has the correct documents? NY state has a 3 year statue of limitations law and I believe my last payment was more than 3 years ago. How can I obtain the proof of them showing my last payment?
Very informative and easy to understand. Thanks for that…. Question: If a creditor receives a judgment against you and obtain a writ ( I think that’s the right word lol) to freeze your bank account, and at the time they serve the bank, you have no funds in the account. Will or could the bank wait until you receive a direct deposit or funds days, weeks or months after they receive the court document to freeze, then hold or freeze for the creditor judgement? Or, once the bank is served, do they freeze the account for only the monies that are in the account that particular day? Hope this makes since. Thanks so much..
I don't see a document that looks like what you have, I see a summons but no case number on the paperwork. There is a trial date set for 3/23/22. Summons was set 3/17/21, I just got it handed to me last week. Also it says I am being sued by Citiban, NA and also a judgement of damages but no Complaint doc. Can I please call you or email you?
Hi, thank you for this video. My issue is that there is no case number on the space for case no(it's blank) also there is no Attorney on the upper left of front page. There is however Midland credit management listed as plaintiff.
wasy35 then they have not filed it yet.
@@Dansiekelly Thank you for the reply, in fact many thanks. It does however say "electronically filed" and there is a number(alphabets and numbers(about 16 altogether) below where it says electronically filed but where it should say case no. it is blank. Any guidance you can give is appreciated. Danke.
Contact the court where the lawsuit filed and make sure that it was actually filed.
Yo I chatGPT'd an answer and it nailed it
hello I need advice please!
my mother called me on September telling me that a guy dropped off a paper asked for me but I don't live there anymore but she said yes (I got served) but this paper looks all fake and the wording is all off, with fake NY Civil Court stamps. there are many exclamation points and it has the information of the attorney for the creditor. I looked up in the e court system and my name is not found anywhere for a case. What should I do?
just hit em with the "AH JEEZ dood.. they got me on these PILLZ"
Thank you so much for this informative information. It’s so useful in my circumstances
Glad it helped out. I also have an online tutorial with a template that might be of help -> consumer-warrior-project.thinkific.com/courses/answer
After you answer the complaint do you have to file something with the court to say your representing yourself? NH rule 3:17 and how does one do that?
thank you, very helpful info
I’ve already responded but no one ever talks about what comes next? They mailed me a packet to set up payment arrangements but now what? They say they refuse to negotiate
So if you took those steps and nothing - months go by they never get date or actually take you to court can lawsuit expire?can I file for undue delay.
Many courts will dismiss for failure to prosecute the case if the plaintiff doesn't move the matter along.
My bank account was frozen 😒 for a credit card not paid in 2014, because of moving to another city I never got the levy sue letter, do I have a case?
You Sir R wonderful with the informative help on this topic 🤩
What happens if the plaintiff puts an inaccurate address ( for him as well as wrong phone extension in company directory) and does respond to you “ defendant” by phone prior to filing an answer and currently in discovery ?
Under "Answer" do I write "Complaint for damages"? Also it has 13 General Allegations, " thing that are seemingly illrelevent to an allegation like, "The Defendant is a resident of this county" and the last is how much I owe. Do I answer "Yes" I live there on the line that states, "The Defendant is a resident of this county", and answer these questions, and then on the last how much I owe state, "I don't think that is the amount? Please and thank you for your time I have 0 money but this would help so much!
Also before I give my answer, in the word doc that is a legal document set up it says Jurisdiction, I don't know what to write there so I took it out, and at the bottom before I write my answers it says, "Attorney" is that their Attorney I write because I don't have one.
Great DIY info. I wish I knew about this 10 yrs ago. But considering my circumstances, I still did pretty good!
Thank you for watching!