⚡⚡ *Check out my online tutorial on 📝 " *How to Defend* Yourself in A Debt Collection Lawsuit* " and many other DIY forms, tutorials, and templates - click here 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
@Consumer_Warrior. I really appreciate all your videos and tips dealing with debt collectors. I live in California, and I am looking into how to defend against CA debt collectors. When in the past I was "judgment proof" and had nothing, all I needed was a "cease and desist" letter and appeal to the Fair Debt Collections Practices Act. But now that I have a home and consistent income, I can no longer just cry "broke" and tell them to stop. I am finding the "hearsay" rule potentially very helpful, and it seems to me that these debt collector law firms are counting on us being ignorant of the law and just giving up. But I'm finding out with the help of videos like yours that giving up is the last thing we need to do. We need to educate ourselves and fight - like warriors!
Forgot to add is if they don't show up, request a dismissal with prejudice so that why they can't sue you again. If they do show up most of the time they gonna ask the judge of they can step outside with you once outside the court room they just scaring you with statements that they got which mean nothing. They gonna get mad saying we gonna have to move the court date later to get evidence and witnesses. Well when they ask the judge to move the date fight that and ask a judge to dismiss it with prejudice make the argument that they knew this day was coming and they should of been prepared, matter in fact they should of had their duck in a roll before they even filed a lawsuit. Been sued 3 time, 2 of them they never showed up and I requested a dismiss with prejudice and they one they did show up but only had statement request the judge to move to a different date to get witnesses and other documents I fought that and requested a dismissal with prejudice I used the arguement they knew this day was coming and they knew the need more then just statement ect. More likely a judge would go in your favor because they just wanna clear their calendar and don't wanna waste anymore time on one case.
Well, what happened? Did you get any of those cases dismissed? You said you had three cases. Did you get any of them dismissed? What ensued? Would love to know. Thank you
My question is i been fighting one my self and ask them prove it and had trail set for jan 7 well they sent me this Pursuant to Trial Rule 41 the Plaintiff, by counsel, respectfully requests that the Court enter the attached Order 0f Dismissal. Do i need ask them dismiss with preudice or will judge do.that?
@@borndifferentnf1 just let them dismiss it they might just trying to fool you into not going to court. Probably got that call from them saying they dismissing the case and you don't have to show up. Well I would show up because they like to trick people.
I haired a Attorney for Eviction case, this Attorney told me Tenant required Jury Trial, needs to do Discovery, I agreed, paid, since tenant didn’t respond, he then filed motion compel without inform me the fee, it was $2,000, I refused to pay, I feel I should notify plus disclosure the fee, this Eviction Attorney said will have collection against me, what to do? Any advice?
Oooooh Tip #1 is somethjng I hadn’t thought about. I didn’t realize they can go back to OC and get more documentation. Just saved me from shooting myself in the foot.
None of this matters if you have a judge that always takes the side of debt collectors. I had two cases where they didn't have any original contracts, breakdown of cost, chain of custody, or proof outside of their own inhouse documents. I still lost both.
@@Priust189 one for almost $5k, another for $3k. The $5k they put interest on it through the courts till I pay it off, the $3k they put an illegal lean on my house.
I just want to thank you for your videos. I followed your instructions and the case was dismissed because the debt buyer didn’t show up for the virtual court appointment.
I just want to say Thank you so much. After watching your videos. I read over the documents the plaintiff sent me and found they left out a ton of information. When I arrived to court I advised their attorney and he dismissed the lawsuit. He said I could leave but I waiting to hear him say it in front of the judge.
so got a letter from MCM about a credit card i stopped making payments on in 2020..the letter is saying i owe 1400 and if i dont contact them or make a payment it might go to their attorney's..i question is what can i do..obviously yes i did use the card and things happen and wasn't able to make payments so my question is what are my options? also im in California
I have several different instances... one of them I settled for 5% of what I owed. That one shows on Credit Karma as closed but owed $0. There are notations that say it was settled for less than owed. The other one I never got to court but we went back and forth with motions and objections. I fought their request for summary judgment, they finally requested dismissal with prejudice, I objected and requested a dismissal wo prejudice. The judge granted their dismissal so they can still open this for one more year, (5 yrs old) it shows on my credit as closed account but it still shows the alleged delinquent amount owed. Hope this helps. BTW, I believe bad debt "falls off" your report after 7 yrs in Arizona. You can check, your state may be different.
I answered the summons - just waiting for a court date - thanks for all the videos you put out - I also documented how to cross examine a debt collector's witness, but what happens after that? does the judge make a ruling ? Do we still have a option to come to a settlement if the judge rules in the plaintiff's favor? Just trying to know the process and be prepared. Thanks
@consumer_warrior do I still have to write a written response to the court even if I’m hiring a lawyer because I’m waiting on there response and what I should do in the next step
Very informative video. I am based in NY and currently being sued by Midland. Debt collector burden of proof in NY is met with sworn affidavits. So the bar is set extremely low. Any suggestions regarding document requests/discovery in this situation? Or do you still feel like NY defendants should be careful with discovery requests?
Thanks for the information.I just filed an answer with the court and filed it.My question to you is since I am denying this rediculous case.I would love for it to be thrown out but the first thing they are going to say.Do I agree I owe this debt.Mt stand Is I don’t want to pay anything and refuse.I am the victim I had the car over 4 years and they wanted to charge me even more me net they don’t deserve a dime more of my money
This was the first time I've seen one of your videos! I'm doing all the research I can--trying to help my aunt (70yrs old with SS income only) with Midland. Definitely will be watching more. Thank you!
Your aunt is exempt from any form of collection by Midland or anyone else because she is on Social Security. She is, what we say, judgment proof. This is her defense and even if Midland proceeds and gets a judgment against her, there is nothing they can do to collect. You can cite section 42, U.S. Code 407.
@@chrissymarie7903 What @daisyCassidy said is absolutely true. Debt collectors can not touch federal payments such as SSDI or SSI. Research “judgement proof” and you will find a list of payments; there are others. Good luck!
@@shalondatownes6010 thanks for this thread. I’m being sued by Midland Credit Management and submitted my answer to the court on Tuesday. After reading through the comments, it helped me to realize that I’m judgement proof. My former employer laid off staff due to Covid which means staff qualified for unemployment compensation.
@chrissymarie7903 a lawsuit is different than a judgment. They would have to first win the lawsuit to get a judgment, then do discovery for assets that are attachable or garnishable. If they know there's nothing to get or collect, oftentimes they won't continue with the lawsuit.
I went to mediation and we couldn't come down to an agreement so now we're going to trial with LVNV funding.. pretty much what I'm doing is not lying but not agreeing either
QUESTION: I started an AIRBNB business overseas with personal debt of 200k. Everything was going well I been paying on time for 6 months but now the business is at zero. I currently reside overseas and I'm about to default(3 more months I have in reserves) in all my personal debt. Credit cards(cash advance promotions) and personal loans. What would be the right approach to this situation. All the items purchased are now used and Ill get pennies on the dollar if I sell them. Thank you in advance
Thanks so much, I no longer feel helpless. I'm happy to subscribe and support your channel. I have a question. I contacted the attorney for the collector that's suing me and he asked for either my case number or ssn. Not wanting to give out my social over the phone I checked the paperwork for the case number, he wouldn't talk to me until I provided one or the other. The summons that I have been served has no case number, section is blank. Is there a way I can use this to my advantage or is it just an oversight that makes no difference in the grand scheme of things? Also, how to I file my answer to the court without this information? Thanks for your help!
I would contact the court where the case was filed and ask them for the case number. In some jurisdictions the case number is not added until after the Answer has been filed.
Good advice ! If a person files bankruptcy such as a chapter (7) you get a lawsuit they in turn have to comply once the bankruptcy is filed with the bankruptcy court . Creditors ect can’t collect once it’s filed federal law protection .
My Lpg group lawyer make a stipulation wd the law office . I had even hard time paying paying the settlement amount. ? How will my lawyer help me wd this? I don’t want them to refill the case against me… should I just pay the stipulated amount ?
I'm being sued by an out of county law firm in district court. How do I require them to be there in person verses zoom? I have a feeling they won't show up in person, but would do it via zoom. Is there a way to make them be there in person? Thanks
I was recently sued by a Absolute Resolution and the hearing took place via zoom. Since I currently live abroad, my lawyer denied the claim and tried to dismissed the lawsuit by "out of jurisdiction". But that didn't work even though we have evidence that I currently reside in Germany. The judge did not even consider the proofs sent to him. Not to mention, he was 9 minutes late to the hearing. I truly believe our judicial system is corrupt. If your lawyer is familiar with the judge then you might have a better chance but if the judge is corrupt there's nothing you can do about it. I'm now currently filing a bankruptcy because I know I would lose if I have to see the same judge again.
what about when being sued and in the paperwork they sent to be served states they want me to pay for thier cost in court as well? and when the debt is dealing with medical area does hippa apply to that?
In most states that can add court costs and attorney’s fees onto the amount they are suing for IF they win their case. That is why I recommend not letting a case go to default judgment. I have more tutorials, forms, and templates that can help 👉 consumer-warrior-project.thinkific.com. Good luck with your case.
@@Consumer_Warrior what do you do when you find out the one of the names on the paperwork being served with has actually been dead for 5 years? is that even legal? thanks in advanced
RE: credit cards(s) as a continuing series of offers to contract are "non transferable." Thereby, a debt buyer is taking a big risk attempting to collect the non-existent debt. Simply put, debt buyers purchase "evidence of debt" from the charge off market. Debt buyers also claim they own the debt and pretend to be the new creditor, which is actually laughable because debt collectors do not extend credit.
I am being sued by capital one bank, i just got a letter from the court system that says the motion for default judgement filed by capital one bank is hereby deferred pending submission of properly executed forms,,,,,my question is how was i supposed to know to show up at court when capital one never sent me anything saying when a court date was going to be.
Thanks for the awesome information. I just came from the courts house this morning however, my case was postponed until, whenever? My debt is with a Direct buy club membership that was in Gaithersburg MD 2015 I was going to redo my kitchen and thought the membership would help with cost. I got estimates from Lowe's and Home Depot. But just a month after getting the membership the big nice showroom that they showed me had closed. I never was able to use my membership. I continue paying on at for a years. I walked away from it and never looked back. Feel like another life lesson learned. Now 6 years later a Credit LLC outta Mississippi bought the charge off, and trying to sue me. I now live in Tennessee. Retired disabled veteran. I do not work. I always try to do the right thing.. This company Direct buy settled on a class action lawsuit for this very membership practices, which I found out after being served is a total Scam. 39 state AG had signed on to the class action lawsuit. Now I am being made a victim all over again. I have done everything so far in your video but going before the judge. The plaintiff in a Lawyer from Mississippi. Any advice would be appreciated 🙏
Man you rock!!!!! I been doing ever thing u said in all your vids how ask for stuff this and that well had trail set for jan 7 guess what i just got in mail Pursuant to Trial Rule 41 the Plaintiff, by counsel, respectfully requests that the Court enter the attached Order 0f Dismissal of case thanks u for your help
@@Consumer_Warrior it was all your info that help me out thank you even no other lawyers told me i had to pay it. But really thank u for all the info u put out there help people out
Not sure if you're still responding to inquiries, but I'm in NYC. I've received a summons & complaint for an $18K loan from Zwicker & Associates with Goldman Sachs as the plaintiff. The loan is from 2019. 1) I don't believe I saw a license number on the complaint, which apparently is required in NY. 2) I have been unemployed since 2019 and all of my income from the past 2 years has been from unemployment which I've now learned is exempt. (Unemployment was recently cut off and I'm trying my best to conserve as much funds as possible until I find new employment.) 3) I am strongly contemplating filing bankruptcy because I have other debts to be paid but none of the others have gotten to the point where they have been charged off. I've filed an answer today and I was wondering if there's a strong possibility for me to get this dismissed given my circumstances, or even have the collectors toss out the suit without me having to go before a judge. Maybe by calling them and speaking to someone. Any advice for my situation? Thank you.
How far will these turds go, mine is LVNV (FL) as far as levying accounts. I mean i have like $50 in a bank(USAA) and maybe $75 in paypal, maybe $20 in coinbase, and about $600 in robinhood(brokerage)... and should I disclose all those above if and when they demand discovery? ~ Thanks and im a sub, You and Alabama John are great!
That is always tough. You need to show them why they should accept your offer. If you have hardships, other judgments, other significant debts, tax liens, etc. you can use that to show them why they should come down.
I was served with a summons by the sheriff's office from Messerli and Kramer. There is no case number on the summons because they have not yet filed it with the court. However.. I have 20 days to respond. I will be sending my response back to them via certified mail. .. but how do I file an answer with the court without a case number? Please respond as soon as possible... time is not on my side...
If you shouldn't ask them to prove their contractual authority to collect debt in answer to the lawsuit ("be careful what you ask for"), is that a point you'd want to bring up in court? Suppose you point out that they provided no such documentation, but you don't specifically request it? i.e. Leave it up to them as to whether they will provide it or not.
Thank you. Great info. I'm wondering what you mean by "position the case for where you can have those opportunities." How do you do this? Or what does "position" mean?
Good question. What I mean is that you can do certain things that will make settlement more likely. For example, if you don't file an Answer in most dates you will end up with a default judgment. Once a default judgment is entered you lose most of your leverage to settle the case. However, if you file an Answer the debt buyer and their lawyers now have to put more work, time, and money into obtaining a judgment. Simply by filing an Answer you have positioned the case to obtain a better settlement. The same thing can happen by objecting to telephonic witnesses at trial, or pressing them for disclosure of certain documents in discovery. Check out some of my other videos where I share these strategies.
I have a debt collector suing me, but the bill of sale/assignment has a date of purchase from the original creditor before I purchased the vehicle. Will this stand in court as proof of ownership?
you settle and you will have to pay taxes on difference. Option is to win with judgement in favor of defendent. In a settlement you have 2 winners, your attorney and the group suing you
What if they're claiming their representating the creditor on court documents but anything else is under Brock & Scott? Also, how can we use the FDCPA when they never contacted you but are saying they did? I was not contacted within the 5 days ...I wasn't aware of any of this until I was served? I feel there is deception and misleading info being used.
What exactly does the Plantiff have to provide? A couple of statements, first page of their purchase agreement, and some notarized letters is not enough right?
If the plaintiff is a junk debt buyer then they have to prove (1) that you had the underlying account with the original creditors; (2) they have to prove that you breached the contract with the original creditors; (3) they have to prove what the specific dollar amount owed is; and (4) they have prove that your specific account was transferred from the original creditor to the debt buyer. If you are facing a lawsuit I would recommend checking out my online tutorial -> consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle. It does a deeper-dive into these issues and questions and has templates that you can use.
Hey John, I live in Texas, was served a lawsuit from Portfolio Recovery for $4000 on a 3 year old credit card debt. I filed my "General Denial" answer in the courts last week, and was typing up my "Request for Production" letter to send their lawyers when I saw this video. Do you think it's a bad idea to send this discovery letter? Is it better to just show up on the trial date and see what kind of evidence they have? What are the chances that a junk debt buyer would really go back to the original creditor and pay to get supporting evidence of my account?
Hi Mike - I generally take the approach that because the debt buyer bears the burden of proof that it is better to see what they have, and the less they have the better for you. Sometimes by requesting documents they will back to the original creditor and request documents that they didn’t have before, and the more documentation they have the more likely it is that they will prove their case. In Arizona the debt buyer is required to disclose all of their documents prior to trial. I am not sure if Texas is the same way.
@@Consumer_Warrior Thanks for the reply John! I've been binge watching your videos these past couple of weeks and really appreciate all the information you provide. I think I'm going to sit still, not request production and pray they don't have much (or any) evidence to present. One more thing: on the complaint I was served, they state values and dates, but my account number is presented as "****-****-****-1234", with only the last 4 digits of the account. Is this normal? Since they're suing me, wouldn't I at least expect them to provide the full account number that they supposedly own? Could it be a sign that they are possibly bluffing or don't actually have much documentation regarding my account? Can I use their lack of a full account number as a defense in the trial?
@@User0player1 if the process server just tossed the paperwork on the ground near you, that is fairly unprofessional. The only reason a process server should do that is when they perform what is called a “drop serve”. Depending on the state, the process server has to have identified you either with a picture, you stating yes when named, or other grounds where the server reasonably believes you are the person to be served.
@@mikew1507 Hello Mike! I know that I am 3 years late on this, but What was the result of your trial? Were you able to use the account number as leverage?
I was called by a company called Lewis and associates yesterday. They said they were sending a process server to my building to serve me papers or I could settle with them on the phone. It's a debt buyer that I had a balance of 600 or less from my original account but Lewis and assoc wants me to pay 2000 and she said up to 4000 or more if it goes to court. She said they have all of my original contracts and payments but i just can't afford to pay them right now. What can i do? This is originally from a matress store in 2014, then it changed to crest financial in 2015, then i guess they bought it and said it's like child support and they can garnish my wages.
Are there any cases involving illegal debt collection practices that involve banks using mobile phones as listening devices to trigger collection calls? Every time I wake up and move my phone or speak out loud, I receive a call from my bank. At first I thought it was coincidental, but after recognizing this pattern, I adjusted the privacy settings on my phone, but it still happens consistently each and every time. I asked the bank if they do this and the rep seized and told me I should to speak with their legal department, but they put me on hold forever and I can never get through.
For more specific questions, feel free to join my community. I am on there frequently and can answer the question very directly. consumer-warrior-project.thinkific.com/users/sign_in/?redirect_to=/communities/Q29tbXVuaXR5LTI4MDMy&error=Please%20sign%20in%20to%20continue
So don't ask for discovery before hand. When we are before the judge, and I ask for this information and they don't have it, can I ask for a dismissal with prejudice?
The key is to remember that they bear the burden of proof. If they get before the judge and don't have evidence that your specific account was transferred to the debt buyer then they should lose their case.
I’m very curious the correct response to use when you are answering the summons. It is purposely designed to obfuscate a good answer if you’re not trained in law.
Hi I have a Huge situation going on and any information provided will be greatly appreciated. Theres a collection company and they kept calling me and pulling my credit report adding hard inquiries. They sent me copy of a contract and copy of my ss card and my new License how did they even obtained this. There trying to collect money supposely because I had rented a storage place in 2015. I have been living out of the state since February and have a PO box where last week I found a fowarded by USPS a letter from the Court saying that the Court date has been adjourned for a Bench Trial I didnt ever know I had to go to court. Im leaving out of state again cause I have kids and their starting school again and wont be able to go to court. What should I do im frightned they might go after my bank accounts or something. I called the storage place and they said they have no record of me so how did this collection company have a contract and my personal info.
Thank you for your comment. You need to confirm with the court that this is no longer a lawsuit. The only way they can garnishment your wages or bank accounts is if they sue you and get a judgment against you. If they haven't done that, then they can't garnish. Find out what the true status with the court is before taking your next step.
New sub here I find this intetesting. I wrote them the court and the collector and the court, recieved a response from the court saying I still being sued it stayed the same saying they can garnish wages for the next 20 years!
Great information. Love the channel. I just received a letter from a local Law Firm representing a junk buyer asking for money owed on a pasr credit card. At this stage what should I do in terms of writing a letter to them requesting verification of the debt or should I wait to be sued, which this Law Firm does often, and then proceed from there?
There is no harm in asking them to verify the debt. It will likely delay them filing a lawsuit and it will show you what documents they actually have. Most debt buyers have little documentation. You will be able to put together your defenses in the event that they do file suit.
@@Consumer_Warrior Hi Mr. Skiba. The Law firm representing junk debt buyer JH MET Subsidiary B Liquidating Trust responded to my debt verification letter. They sent copies of the original statements from CitiCard and all the card agreement guides. Nothing from the new owner of the debt. They have not sued yet, should I write them and demand proof of transfer of ownership or wait to see what their next move is. Awesome videos. Mark
I'm being sued for $874, there's nothing on the summons about them wanting to settle for smaller amount, they want 9 anum and fees. My SSI money is garnishment exempt, and the only other money I have is $200 in a secured credit card account. I honestly don't know how this is going to play out. Not sure if I should tell them I'm exempt, deny most of their allegations to make it harder for them, or just wait for default judgment.
Sir what a great video a quick question I live in South Carolina and am on social security and VA disability by what I have read that if I get a judgment that because of the type of income I receive that I cant have any income garnished I have a court date already as I did answer the original summons. the question would I be better off trying to settle or let the court do its thing. Thank you very much for your time
Hi Jerry - Thanks for the comment. As with a lot of things pertaining to the law, it depends. It sounds like your income is protected from garnishment. However it they still might be able to take assets from you. And even if they can't it doesn't mean they won't try. Some people are okay with the uncertainty a judgment can bring. Other people will want to offer a settlement just to have it done and not have any surprises down the road.
@@Consumer_Warrior Thank you very much I think I will settle the case the debt is a little over 7k will shoot for 1500 wish me luck! would I be better off calling them or wait for court to discuss settling the case and again thank you
what about when is the original creditor Conns i paid them off I thought I did in 2017, now they adding interest and want 1000 more what should I do? i, preparing the answer letter and drop it off this coming monday my court is set up for ,mar 1st any advise Thanks
Hell there..My you explain to me what a a written submission? you went for trial and a judgement day was set. but before that you have to file a written submission. What is it?
Question sir= I am not sure if BofA or debt collection agency is suing me. I know debt was charged off from BofA. Lawyer of plaintiff say they are representing BofA. If BofA has charged off debt then can BofA be suing me or suing plaintiff is debt collection law firm.
What can you do if the process server served the papers to another family member, then the courts third-party call in system dealyed you in getting to the pre-trail call, and because you were late the judge defaulted against you. It's odd, that the courts had the paperwork 30 days in advance then they servered the papers while I was out of town to another family member. What's the likely hood of me getting the judge to set aside the judgement?
John: I actually sent the letter to the law firm about requesting the information on how they obtain this debt, the only answer was OBJECTION to all the questions and all the documents I requested, what should I answer back, please advise, thanks in advance...
We just got a summons for district court for medical bills. One of the problems is they said they sent us these bills but we have not. Basically it’s there words against ours. How do I fight that?
You should still respond to the lawsuit and then you can contest their allegations at trial or when/if they file a motion for summary judgment. Ordinarily that fact that you didn't receive the bills in the mail is not a complete defense to payment.
Is a written letter necessary to tell them you intend to defend bc I just called and the court sent me a notice of intent to defend letter back or what I presume is a copy of what they sent the junk buyer.
In most states you are required to file a written response to the lawsuit. I am not familiar with the process you are speaking of but it sounds like you do need to provide written notice.
I already filed an answer, ask plaintiff to provide proof of debt and sent copies of filed answer. I did not answer to agreement in ODR as it was not mandatory, but now being asked to request a hearing and file a motion. Whats the best motion strategy?
John, I had a judgement filed against me 11 years ago. I was neve served but they got the judgement. It's the original collector. I just found out that they are trying to serve me again for the same thing. This was 11 years ago. What Do In do?
If you had a judgment on the debt then it is unlikely they would sue you on the same debt that they already have a judgment on. I would recommend looking at the current lawsuit and make sure what the underlying account is.
Usually you know because a process server or a sheriff will bring a copy of the summons and complaint and serve you with it. You may be able to contact your local clerk at the court and ask them.
Let's see how things go, I can't handle my debt any longer and I'm going through a reputable debt settlement company. Part of the benefits of the monthly fee to the debt settlement company is the retainer for attorney if I should need it.
This video might have just saved me from making a stupid mistake. I was going to request the purchase agreement and the other 2 pages from the contract (they only sent a cover page and a page with terms of the account with my signature). I believe they're hiding the arbitration clause that is likely on page 3 and 4
What if it 7years now charged off in 2013? Michigan say 6years statue limitaion for debit? But threating to sue said there no such thing as statue limitaions?
Jill Case if the debt has been charged off for 7 years and your state has a 6 year statute of limitations, then they would be barred from suing you. That is not to say they won’t try. If they do you can seek dismissal under the statute of limitations. Also, even if the statute of limitations has expired that doesn’t mean they can’t ask for voluntary payment, they just can’t sue you.
I mention in this video that you MUST file an Answer. If you have recently been served with a lawsuit check out this video on 📝 "How to Draft an Answer to a Debt Collection Lawsuit": th-cam.com/video/DjtM3h_jz24/w-d-xo.html
John: can you record an updated video regarding responding Motion for Summary Judgment? Strategies and particular defenses. Thank you keep up the great work.
That's A No One That... Bringing A SOJ Claiming I Did Not Send First Admissions... Actually Sent With Interrogatories Together In A Cert Postal Return Receipt... So How Could One Claim They Did Not Receive The First Admissions? Totally Left Out Receiving Interrogatories... So They Had To Actual Receve That Package... Postal Office, After Having Reconstructing The Same Package Sent... Weight Spot On... So They Lied, Plain And Simple... That's What The SOJ Claim Was... Weird Actually...
Yeah but if they ask for an RFA then you're stuck. How can you just sit back and make them prove the case if you can truthfully answer "admit" to every question?
I am located in Arizona. I do have online templates, forms, and tutorials that can be of help. You can check them out here consumer-warrior-project.thinkific.com
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⚡⚡ *Check out my online tutorial on 📝 " *How to Defend* Yourself in A Debt Collection Lawsuit* " and many other DIY forms, tutorials, and templates - click here 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
Hi John, What if I deny every allegation, I owe $874. Would Midland Credit then push the lawsuit for such a small amount?
So, are you saying the Satute of limitations is based on the date from your last payment not the date they sold it to the Debt Collector
@Consumer_Warrior. I really appreciate all your videos and tips dealing with debt collectors. I live in California, and I am looking into how to defend against CA debt collectors. When in the past I was "judgment proof" and had nothing, all I needed was a "cease and desist" letter and appeal to the Fair Debt Collections Practices Act. But now that I have a home and consistent income, I can no longer just cry "broke" and tell them to stop. I am finding the "hearsay" rule potentially very helpful, and it seems to me that these debt collector law firms are counting on us being ignorant of the law and just giving up. But I'm finding out with the help of videos like yours that giving up is the last thing we need to do. We need to educate ourselves and fight - like warriors!
Forgot to add is if they don't show up, request a dismissal with prejudice so that why they can't sue you again. If they do show up most of the time they gonna ask the judge of they can step outside with you once outside the court room they just scaring you with statements that they got which mean nothing. They gonna get mad saying we gonna have to move the court date later to get evidence and witnesses. Well when they ask the judge to move the date fight that and ask a judge to dismiss it with prejudice make the argument that they knew this day was coming and they should of been prepared, matter in fact they should of had their duck in a roll before they even filed a lawsuit. Been sued 3 time, 2 of them they never showed up and I requested a dismiss with prejudice and they one they did show up but only had statement request the judge to move to a different date to get witnesses and other documents I fought that and requested a dismissal with prejudice I used the arguement they knew this day was coming and they knew the need more then just statement ect. More likely a judge would go in your favor because they just wanna clear their calendar and don't wanna waste anymore time on one case.
Well, what happened? Did you get any of those cases dismissed? You said you had three cases. Did you get any of them dismissed? What ensued? Would love to know. Thank you
My question is i been fighting one my self and ask them prove it and had trail set for jan 7 well they sent me this Pursuant to Trial Rule 41 the Plaintiff, by counsel, respectfully requests that the Court enter the
attached Order 0f Dismissal. Do i need ask them dismiss with preudice or will judge do.that?
@@borndifferentnf1 just let them dismiss it they might just trying to fool you into not going to court. Probably got that call from them saying they dismissing the case and you don't have to show up. Well I would show up because they like to trick people.
@@thegods2622 not sure I heard it from the court they ask the judge to dismiss it so not sure what there up to
I haired a Attorney for Eviction case, this Attorney told me Tenant required Jury Trial, needs to do Discovery, I agreed, paid, since tenant didn’t respond, he then filed motion compel without inform me the fee, it was $2,000, I refused to pay, I feel I should notify plus disclosure the fee, this Eviction Attorney said will have collection against me, what to do? Any advice?
Oooooh Tip #1 is somethjng I hadn’t thought about. I didn’t realize they can go back to OC and get more documentation.
Just saved me from shooting myself in the foot.
Dear God please help me win lawsuits. Let me win cases for my marriage, children, family, and attorneys . Thank you & Amen 🙏🏼
Any updates?
Amen
@@evergreen4034 Apparently not........
None of this matters if you have a judge that always takes the side of debt collectors. I had two cases where they didn't have any original contracts, breakdown of cost, chain of custody, or proof outside of their own inhouse documents. I still lost both.
Appeal...
Gee sounds like you are in NC. ALL of the lawyers and judges in the county I'm in a either related or best friends.
How much did the win
@@Priust189 one for almost $5k, another for $3k. The $5k they put interest on it through the courts till I pay it off, the $3k they put an illegal lean on my house.
I just want to thank you for your videos. I followed your instructions and the case was dismissed because the debt buyer didn’t show up for the virtual court appointment.
Awesome! Nice work!
Excellent, gonna take your advice 100%.
Thanks. If you need more help check out my online tutorials, templates and forms 👉 consumer-warrior-project.thinkific.com/
I just want to say Thank you so much. After watching your videos. I read over the documents the plaintiff sent me and found they left out a ton of information. When I arrived to court I advised their attorney and he dismissed the lawsuit. He said I could leave but I waiting to hear him say it in front of the judge.
Mind sharing what kind of info was left out? I’m also being sued.
Smart move not to leave just because he said you could.
Why I just typed up two pages of discovery request yesterday. I’m so happy I watched this video. Be careful what you ask for🤔
so got a letter from MCM about a credit card i stopped making payments on in 2020..the letter is saying i owe 1400 and if i dont contact them or make a payment it might go to their attorney's..i question is what can i do..obviously yes i did use the card and things happen and wasn't able to make payments so my question is what are my options? also im in California
If you settle is it possible to get a deletion letter for your credit report. Or it just gets reported as paid for less than original price
I have several different instances... one of them I settled for 5% of what I owed. That one shows on Credit Karma as closed but owed $0. There are notations that say it was settled for less than owed. The other one I never got to court but we went back and forth with motions and objections. I fought their request for summary judgment, they finally requested dismissal with prejudice, I objected and requested a dismissal wo prejudice. The judge granted their dismissal so they can still open this for one more year, (5 yrs old) it shows on my credit as closed account but it still shows the alleged delinquent amount owed. Hope this helps. BTW, I believe bad debt "falls off" your report after 7 yrs in Arizona. You can check, your state may be different.
I answered the summons - just waiting for a court date - thanks for all the videos you put out - I also documented how to cross examine a debt collector's witness, but what happens after that? does the judge make a ruling ? Do we still have a option to come to a settlement if the judge rules in the plaintiff's favor? Just trying to know the process and be prepared. Thanks
What happend when you went to court?
😢😢 do you think I should get a lawyer to take care of this?
Great advice all the way around. Thank you for helping the little guys.
Awesome Im the 5000th subscriber
Thanks for subscribing! 5,000 is a big milestone for my channel⚡⚡⚡
Consumer Warrior - John Skiba no problem your videos help a lot as I am getting surd by midland credit
What about mortgage over 14 years old been sold 3 times now have a collection company that is charging more than what is owed
@consumer_warrior do I still have to write a written response to the court even if I’m hiring a lawyer because I’m waiting on there response and what I should do in the next step
Very informative video. I am based in NY and currently being sued by Midland. Debt collector burden of proof in NY is met with sworn affidavits. So the bar is set extremely low. Any suggestions regarding document requests/discovery in this situation? Or do you still feel like NY defendants should be careful with discovery requests?
Thanks for the information.I just filed an answer with the court and filed it.My question to you is since I am denying this rediculous case.I would love for it to be thrown out but the first thing they are going to say.Do I agree I owe this debt.Mt stand Is I don’t want to pay anything and refuse.I am the victim I had the car over 4 years and they wanted to charge me even more me net they don’t deserve a dime more of my money
Does a judgement impacts my credit score? If yes, can I get that remove from my credit report?
Good afternoon John, I was summoned about two weeks ago and I just sent them a validation letter. Was that a smart thing to do?
Do you suggest arbitration? Lvnv ?
This was the first time I've seen one of your videos! I'm doing all the research I can--trying to help my aunt (70yrs old with SS income only) with Midland. Definitely will be watching more. Thank you!
Your aunt is exempt from any form of collection by Midland or anyone else because she is on Social Security. She is, what we say, judgment proof. This is her defense and even if Midland proceeds and gets a judgment against her, there is nothing they can do to collect. You can cite section 42, U.S. Code 407.
@@daisycassidy2448 Is this true? I just got a judgment in the mail that I am being sued for an old Dept but I am on SSDI.
@@chrissymarie7903 What @daisyCassidy said is absolutely true. Debt collectors can not touch federal payments such as SSDI or SSI. Research “judgement proof” and you will find a list of payments; there are others. Good luck!
@@shalondatownes6010 thanks for this thread. I’m being sued by Midland Credit Management and submitted my answer to the court on Tuesday. After reading through the comments, it helped me to realize that I’m judgement proof. My former employer laid off staff due to Covid which means staff qualified for unemployment compensation.
@chrissymarie7903
a lawsuit is different than a judgment. They would have to first win the lawsuit to get a judgment, then do discovery for assets that are attachable or garnishable. If they know there's nothing to get or collect, oftentimes they won't continue with the lawsuit.
I went to mediation and we couldn't come down to an agreement so now we're going to trial with LVNV funding.. pretty much what I'm doing is not lying but not agreeing either
How did this turn out ? I noticed this was a year ago?
QUESTION: I started an AIRBNB business overseas with personal debt of 200k. Everything was going well I been paying on time for 6 months but now the business is at zero. I currently reside overseas and I'm about to default(3 more months I have in reserves) in all my personal debt. Credit cards(cash advance promotions) and personal loans. What would be the right approach to this situation. All the items purchased are now used and Ill get pennies on the dollar if I sell them.
Thank you in advance
Thanks so much, I no longer feel helpless. I'm happy to subscribe and support your channel.
I have a question. I contacted the attorney for the collector that's suing me and he asked for either my case number or ssn. Not wanting to give out my social over the phone I checked the paperwork for the case number, he wouldn't talk to me until I provided one or the other. The summons that I have been served has no case number, section is blank. Is there a way I can use this to my advantage or is it just an oversight that makes no difference in the grand scheme of things? Also, how to I file my answer to the court without this information? Thanks for your help!
I would contact the court where the case was filed and ask them for the case number. In some jurisdictions the case number is not added until after the Answer has been filed.
Good advice ! If a person files bankruptcy such as a chapter (7) you get a lawsuit they in turn have to comply once the bankruptcy is filed with the bankruptcy court . Creditors ect can’t collect once it’s filed federal law protection .
This would be for 100k+ of debt....use this LAST!
Thank you sir God bless you . God will repay you with much more
My Lpg group lawyer make a stipulation wd the law office . I had even hard time paying paying the settlement amount. ? How will my lawyer help me wd this? I don’t want them to refill the case against me… should I just pay the stipulated amount ?
I would imagine the size of the purported debt may strongly influence how much effort these recovery companies expend in going after the debt.
cook county doesn't require me to file an answer less than 10k. should I still file the complaint? I already filed the appearance.
I'm being sued by an out of county law firm in district court. How do I require them to be there in person verses zoom? I have a feeling they won't show up in person, but would do it via zoom. Is there a way to make them be there in person? Thanks
I was recently sued by a Absolute Resolution and the hearing took place via zoom. Since I currently live abroad, my lawyer denied the claim and tried to dismissed the lawsuit by "out of jurisdiction". But that didn't work even though we have evidence that I currently reside in Germany. The judge did not even consider the proofs sent to him. Not to mention, he was 9 minutes late to the hearing. I truly believe our judicial system is corrupt. If your lawyer is familiar with the judge then you might have a better chance but if the judge is corrupt there's nothing you can do about it. I'm now currently filing a bankruptcy because I know I would lose if I have to see the same judge again.
what about when being sued and in the paperwork they sent to be served states they want me to pay for thier cost in court as well? and when the debt is dealing with medical area does hippa apply to that?
In most states that can add court costs and attorney’s fees onto the amount they are suing for IF they win their case. That is why I recommend not letting a case go to default judgment. I have more tutorials, forms, and templates that can help 👉 consumer-warrior-project.thinkific.com. Good luck with your case.
@@Consumer_Warrior what do you do when you find out the one of the names on the paperwork being served with has actually been dead for 5 years? is that even legal?
thanks in advanced
You helped my alot...thank you so much!
RE: credit cards(s) as a continuing series of offers to contract are "non transferable." Thereby, a debt buyer is taking a big risk attempting to collect the non-existent debt. Simply put, debt buyers purchase "evidence of debt" from the charge off market. Debt buyers also claim they own the debt and pretend to be the new creditor, which is actually laughable because debt collectors do not extend credit.
Good thing I saw this before I responded to the suit
I am being sued by capital one bank, i just got a letter from the court system that says the motion for default judgement filed by capital one bank is hereby deferred pending submission of properly executed forms,,,,,my question is how was i supposed to know to show up at court when capital one never sent me anything saying when a court date was going to be.
Thanks 4 The Tips, Sir!
You bet!
Thanks for the awesome information. I just came from the courts house this morning however, my case was postponed until, whenever? My debt is with a Direct buy club membership that was in Gaithersburg MD 2015 I was going to redo my kitchen and thought the membership would help with cost. I got estimates from Lowe's and Home Depot. But just a month after getting the membership the big nice showroom that they showed me had closed. I never was able to use my membership. I continue paying on at for a years. I walked away from it and never looked back. Feel like another life lesson learned. Now 6 years later a Credit LLC outta Mississippi bought the charge off, and trying to sue me. I now live in Tennessee. Retired disabled veteran. I do not work. I always try to do the right thing.. This company Direct buy settled on a class action lawsuit for this very membership practices, which I found out after being served is a total Scam. 39 state AG had signed on to the class action lawsuit. Now I am being made a victim all over again. I have done everything so far in your video but going before the judge. The plaintiff in a Lawyer from Mississippi. Any advice would be appreciated 🙏
Man you rock!!!!! I been doing ever thing u said in all your vids how ask for stuff this and that well had trail set for jan 7 guess what i just got in mail
Pursuant to Trial Rule 41 the Plaintiff, by counsel, respectfully requests that the Court enter the
attached Order 0f Dismissal of case thanks u for your help
Congrats!!
@@Consumer_Warrior it was all your info that help me out thank you even no other lawyers told me i had to pay it. But really thank u for all the info u put out there help people out
Not sure if you're still responding to inquiries, but I'm in NYC. I've received a summons & complaint for an $18K loan from Zwicker & Associates with Goldman Sachs as the plaintiff. The loan is from 2019. 1) I don't believe I saw a license number on the complaint, which apparently is required in NY. 2) I have been unemployed since 2019 and all of my income from the past 2 years has been from unemployment which I've now learned is exempt. (Unemployment was recently cut off and I'm trying my best to conserve as much funds as possible until I find new employment.) 3) I am strongly contemplating filing bankruptcy because I have other debts to be paid but none of the others have gotten to the point where they have been charged off. I've filed an answer today and I was wondering if there's a strong possibility for me to get this dismissed given my circumstances, or even have the collectors toss out the suit without me having to go before a judge. Maybe by calling them and speaking to someone. Any advice for my situation? Thank you.
Should I call and settle with the attorney directly?
How far will these turds go, mine is LVNV (FL) as far as levying accounts. I mean i have like $50 in a bank(USAA) and maybe $75 in paypal, maybe $20 in coinbase, and about $600 in robinhood(brokerage)... and should I disclose all those above if and when they demand discovery? ~ Thanks and im a sub, You and Alabama John are great!
Roll tide. I’m in Alabama too.
I never filed an answer, but I did show to the first court. And I will be going back to trial in December. Do I still need to file an answer?
I need your help. Question. I am trying to negotiate a judgment but they aren't going as low as I need them to for a settlement. Any advice?
That is always tough. You need to show them why they should accept your offer. If you have hardships, other judgments, other significant debts, tax liens, etc. you can use that to show them why they should come down.
I was served with a summons by the sheriff's office from Messerli and Kramer. There is no case number on the summons because they have not yet filed it with the court. However.. I have 20 days to respond. I will be sending my response back to them via certified mail.
.. but how do I file an answer with the court without a case number? Please respond as soon as possible... time is not on my side...
If you shouldn't ask them to prove their contractual authority to collect debt in answer to the lawsuit ("be careful what you ask for"), is that a point you'd want to bring up in court? Suppose you point out that they provided no such documentation, but you don't specifically request it? i.e. Leave it up to them as to whether they will provide it or not.
where can i find the tutorial for the answer. everyone talks about it but i still dont understand how to answer. i live in pa for reference
Thanks for reaching out. You can find it here -> consumer-warrior-project.thinkific.com/courses/answer
If you find out a default settlement was submitted against you but never received notice of lawsuit or court hearing. What can do about it
Thank you. Great info. I'm wondering what you mean by "position the case for where you can have those opportunities." How do you do this? Or what does "position" mean?
Good question. What I mean is that you can do certain things that will make settlement more likely. For example, if you don't file an Answer in most dates you will end up with a default judgment. Once a default judgment is entered you lose most of your leverage to settle the case. However, if you file an Answer the debt buyer and their lawyers now have to put more work, time, and money into obtaining a judgment. Simply by filing an Answer you have positioned the case to obtain a better settlement. The same thing can happen by objecting to telephonic witnesses at trial, or pressing them for disclosure of certain documents in discovery. Check out some of my other videos where I share these strategies.
I have a debt collector suing me, but the bill of sale/assignment has a date of purchase from the original creditor before I purchased the vehicle. Will this stand in court as proof of ownership?
It is definitely an issue I would raise before the court. They have to prove that your specific account was transferred between the parties.
you settle and you will have to pay taxes on difference. Option is to win with judgement in favor of defendent. In a settlement you have 2 winners, your attorney and the group suing you
What if they're claiming their representating the creditor on court documents but anything else is under Brock & Scott? Also, how can we use the FDCPA when they never contacted you but are saying they did? I was not contacted within the 5 days ...I wasn't aware of any of this until I was served? I feel there is deception and misleading info being used.
Amy can u give us a updated?
Very helpful information!! Thank you so much!
Do you represent individuals? You give awesome advice however this is way over my head and I would be afraid to do this alone.
What exactly does the Plantiff have to provide? A couple of statements, first page of their purchase agreement, and some notarized letters is not enough right?
If the plaintiff is a junk debt buyer then they have to prove (1) that you had the underlying account with the original creditors; (2) they have to prove that you breached the contract with the original creditors; (3) they have to prove what the specific dollar amount owed is; and (4) they have prove that your specific account was transferred from the original creditor to the debt buyer. If you are facing a lawsuit I would recommend checking out my online tutorial -> consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle. It does a deeper-dive into these issues and questions and has templates that you can use.
Hey John, I live in Texas, was served a lawsuit from Portfolio Recovery for $4000 on a 3 year old credit card debt. I filed my "General Denial" answer in the courts last week, and was typing up my "Request for Production" letter to send their lawyers when I saw this video. Do you think it's a bad idea to send this discovery letter? Is it better to just show up on the trial date and see what kind of evidence they have? What are the chances that a junk debt buyer would really go back to the original creditor and pay to get supporting evidence of my account?
Hi Mike - I generally take the approach that because the debt buyer bears the burden of proof that it is better to see what they have, and the less they have the better for you. Sometimes by requesting documents they will back to the original creditor and request documents that they didn’t have before, and the more documentation they have the more likely it is that they will prove their case. In Arizona the debt buyer is required to disclose all of their documents prior to trial. I am not sure if Texas is the same way.
@@Consumer_Warrior Thanks for the reply John! I've been binge watching your videos these past couple of weeks and really appreciate all the information you provide. I think I'm going to sit still, not request production and pray they don't have much (or any) evidence to present. One more thing: on the complaint I was served, they state values and dates, but my account number is presented as "****-****-****-1234", with only the last 4 digits of the account. Is this normal? Since they're suing me, wouldn't I at least expect them to provide the full account number that they supposedly own? Could it be a sign that they are possibly bluffing or don't actually have much documentation regarding my account? Can I use their lack of a full account number as a defense in the trial?
@@User0player1 if the process server just tossed the paperwork on the ground near you, that is fairly unprofessional. The only reason a process server should do that is when they perform what is called a “drop serve”. Depending on the state, the process server has to have identified you either with a picture, you stating yes when named, or other grounds where the server reasonably believes you are the person to be served.
@@mikew1507 Hello Mike! I know that I am 3 years late on this, but What was the result of your trial? Were you able to use the account number as leverage?
I was called by a company called Lewis and associates yesterday. They said they were sending a process server to my building to serve me papers or I could settle with them on the phone. It's a debt buyer that I had a balance of 600 or less from my original account but Lewis and assoc wants me to pay 2000 and she said up to 4000 or more if it goes to court. She said they have all of my original contracts and payments but i just can't afford to pay them right now. What can i do? This is originally from a matress store in 2014, then it changed to crest financial in 2015, then i guess they bought it and said it's like child support and they can garnish my wages.
God bless you, may your seed of information return back to you in luxurious ways.
Are there any cases involving illegal debt collection practices that involve banks using mobile phones as listening devices to trigger collection calls? Every time I wake up and move my phone or speak out loud, I receive a call from my bank. At first I thought it was coincidental, but after recognizing this pattern, I adjusted the privacy settings on my phone, but it still happens consistently each and every time. I asked the bank if they do this and the rep seized and told me I should to speak with their legal department, but they put me on hold forever and I can never get through.
For more specific questions, feel free to join my community. I am on there frequently and can answer the question very directly.
consumer-warrior-project.thinkific.com/users/sign_in/?redirect_to=/communities/Q29tbXVuaXR5LTI4MDMy&error=Please%20sign%20in%20to%20continue
So don't ask for discovery before hand. When we are before the judge, and I ask for this information and they don't have it, can I ask for a dismissal with prejudice?
The key is to remember that they bear the burden of proof. If they get before the judge and don't have evidence that your specific account was transferred to the debt buyer then they should lose their case.
I’m very curious the correct response to use when you are answering the summons. It is purposely designed to obfuscate a good answer if you’re not trained in law.
Hi Cherrone - I have a tutorial that can help. Check it out at legal.coach.
Hi I have a Huge situation going on and any information provided will be greatly appreciated. Theres a collection company and they kept calling me and pulling my credit report adding hard inquiries. They sent me copy of a contract and copy of my ss card and my new License how did they even obtained this. There trying to collect money supposely because I had rented a storage place in 2015. I have been living out of the state since February and have a PO box where last week I found a fowarded by USPS a letter from the Court saying that the Court date has been adjourned for a Bench Trial I didnt ever know I had to go to court. Im leaving out of state again cause I have kids and their starting school again and wont be able to go to court. What should I do im frightned they might go after my bank accounts or something. I called the storage place and they said they have no record of me so how did this collection company have a contract and my personal info.
Thank you for your comment. You need to confirm with the court that this is no longer a lawsuit. The only way they can garnishment your wages or bank accounts is if they sue you and get a judgment against you. If they haven't done that, then they can't garnish. Find out what the true status with the court is before taking your next step.
New sub here I find this intetesting. I wrote them the court and the collector and the court, recieved a response from the court saying I still being sued it stayed the same saying they can garnish wages for the next 20 years!
Great information. Love the channel. I just received a letter from a local Law Firm representing a junk buyer asking for money owed on a pasr credit card. At this stage what should I do in terms of writing a letter to them requesting verification of the debt or should I wait to be sued, which this Law Firm does often, and then proceed from there?
There is no harm in asking them to verify the debt. It will likely delay them filing a lawsuit and it will show you what documents they actually have. Most debt buyers have little documentation. You will be able to put together your defenses in the event that they do file suit.
@@Consumer_Warrior Hi Mr. Skiba. The Law firm representing junk debt buyer JH MET Subsidiary B Liquidating Trust responded to my debt verification letter. They sent copies of the original statements from CitiCard and all the card agreement guides. Nothing from the new owner of the debt. They have not sued yet, should I write them and demand proof of transfer of ownership or wait to see what their next move is. Awesome videos. Mark
@@markanderson4794 I'm in that same boat right now, did you ever receive a response or solution?... thanks!
@@markanderson4794 same! Would love to see if you got an answer
I'm being sued for $874, there's nothing on the summons about them wanting to settle for smaller amount, they want 9 anum and fees. My SSI money is garnishment exempt, and the only other money I have is $200 in a secured credit card account. I honestly don't know how this is going to play out. Not sure if I should tell them I'm exempt, deny most of their allegations to make it harder for them, or just wait for default judgment.
They may be willing to settle or even drop the entire lawsuit once they find out that you don't have income to garnish.
Sir what a great video a quick question I live in South Carolina and am on social security and VA disability by what I have read that if I get a judgment that because of the type of income I receive that I cant have any income garnished I have a court date already as I did answer the original summons. the question would I be better off trying to settle or let the court do its thing. Thank you very much for your time
Hi Jerry - Thanks for the comment. As with a lot of things pertaining to the law, it depends. It sounds like your income is protected from garnishment. However it they still might be able to take assets from you. And even if they can't it doesn't mean they won't try. Some people are okay with the uncertainty a judgment can bring. Other people will want to offer a settlement just to have it done and not have any surprises down the road.
@@Consumer_Warrior Thank you very much I think I will settle the case the debt is a little over 7k will shoot for 1500 wish me luck! would I be better off calling them or wait for court to discuss settling the case and again thank you
@@jerrystewart3002 no harm in giving them a call. Good luck!
what about when is the original creditor Conns i paid them off I thought I did in 2017, now they adding interest and want 1000 more what should I do? i, preparing the answer letter and drop it off this coming monday my court is set up for ,mar 1st any advise Thanks
ok but what if i have no extra money to pay a reduced settlement ?
What about for the hospital debt..same tips ?
Hell there..My you explain to me what a a written submission? you went for trial and a judgement day was set. but before that you have to file a written submission. What is it?
What part are you located would like to get ur help
After I file an answer, what is the next step?
The agency is asking me for documents. How do i respond?
Question sir= I am not sure if BofA or debt collection agency is suing me. I know debt was charged off from BofA. Lawyer of plaintiff say they are representing BofA. If BofA has charged off debt then can BofA be suing me or suing plaintiff is debt collection law firm.
How do you feel about using a Demand for Arbitration request as a good tool to use in these cases? -Thank You
I have seen it be a good tactic in cases, particularly if the court agrees to dismiss the lawsuit to allow you to pursue arbitration.
I'm being sued by Citi bank for 12000 credit cards, but Citibank sold it but yet it still say's Citibank by a law office.
What can you do if the process server served the papers to another family member, then the courts third-party call in system dealyed you in getting to the pre-trail call, and because you were late the judge defaulted against you. It's odd, that the courts had the paperwork 30 days in advance then they servered the papers while I was out of town to another family member. What's the likely hood of me getting the judge to set aside the judgement?
Or hire you? Can you practice out of Arizona?
Shd you admit the debt or ask for a trial?
John: I actually sent the letter to the law firm about requesting the information on how they obtain this debt, the only answer was OBJECTION to all the questions and all the documents I requested, what should I answer back, please advise, thanks in advance...
We just got a summons for district court for medical bills. One of the problems is they said they sent us these bills but we have not. Basically it’s there words against ours. How do I fight that?
You should still respond to the lawsuit and then you can contest their allegations at trial or when/if they file a motion for summary judgment. Ordinarily that fact that you didn't receive the bills in the mail is not a complete defense to payment.
Is a written letter necessary to tell them you intend to defend bc I just called and the court sent me a notice of intent to defend letter back or what I presume is a copy of what they sent the junk buyer.
In most states you are required to file a written response to the lawsuit. I am not familiar with the process you are speaking of but it sounds like you do need to provide written notice.
Great information! I've been dealing with "alleged bad debt" now for some time. I have one more year...
I already filed an answer, ask plaintiff to provide proof of debt and sent copies of filed answer. I did not answer to agreement in ODR as it was not mandatory, but now being asked to request a hearing and file a motion. Whats the best motion strategy?
Thank you for this video
is there anything you can do if you missed the court date .
I received a letter from chase bank trying to settle back in October..i didn't respond..could I still call and try and settle the account?
Yes. They are wanting money and if you are calling offer money they will be willing to discuss. :).
@@Consumer_Warrior
Thank you!
Hi i live in az. And im being sued. By a third party who bought my account for a car repo . what can i do?
John, I had a judgement filed against me 11 years ago. I was neve served but they got the judgement. It's the original collector. I just found out that they are trying to serve me again for the same thing. This was 11 years ago. What Do In do?
If you had a judgment on the debt then it is unlikely they would sue you on the same debt that they already have a judgment on. I would recommend looking at the current lawsuit and make sure what the underlying account is.
How would you know if you have a lawsuit against you
Usually you know because a process server or a sheriff will bring a copy of the summons and complaint and serve you with it. You may be able to contact your local clerk at the court and ask them.
Thnx bro.. Appreciate Ya🙏🙏🙏
Let's see how things go, I can't handle my debt any longer and I'm going through a reputable debt settlement company. Part of the benefits of the monthly fee to the debt settlement company is the retainer for attorney if I should need it.
This video might have just saved me from making a stupid mistake. I was going to request the purchase agreement and the other 2 pages from the contract (they only sent a cover page and a page with terms of the account with my signature). I believe they're hiding the arbitration clause that is likely on page 3 and 4
What if it 7years now charged off in 2013? Michigan say 6years statue limitaion for debit? But threating to sue said there no such thing as statue limitaions?
Jill Case if the debt has been charged off for 7 years and your state has a 6 year statute of limitations, then they would be barred from suing you. That is not to say they won’t try. If they do you can seek dismissal under the statute of limitations. Also, even if the statute of limitations has expired that doesn’t mean they can’t ask for voluntary payment, they just can’t sue you.
I mention in this video that you MUST file an Answer. If you have recently been served with a lawsuit check out this video on 📝 "How to Draft an Answer to a Debt Collection Lawsuit": th-cam.com/video/DjtM3h_jz24/w-d-xo.html
John: can you record an updated video regarding responding Motion for Summary Judgment? Strategies and particular defenses. Thank you keep up the great work.
Hi Alex - I would be happy to. That topic is a little more involved so it may take a little while but I will get one out soon.
And What It Actually Means In Rule 56(h) Does Include Even The SOJ Right?
Are you asking about an affidavit submitted in bad faith?
That's A No One That... Bringing A SOJ Claiming I Did Not Send First Admissions... Actually Sent With Interrogatories Together In A Cert Postal Return Receipt...
So How Could One Claim They Did Not Receive The First Admissions? Totally Left Out Receiving Interrogatories... So They Had To Actual Receve That Package...
Postal Office, After Having Reconstructing The Same Package Sent... Weight Spot On... So They Lied, Plain And Simple... That's What The SOJ Claim Was... Weird Actually...
Yeah but if they ask for an RFA then you're stuck. How can you just sit back and make them prove the case if you can truthfully answer "admit" to every question?
are you by chance located in oregon?
I am located in Arizona. I do have online templates, forms, and tutorials that can be of help. You can check them out here consumer-warrior-project.thinkific.com